The American Oil Co.

In the Matter of THE AMERICAN OIL COMPANY and FEDERAL LABOR UNION #22620 (AFL) Case No. R-2609.-Decided July 11, 1941 Jurisdiction : oil refining industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition until it is certified by the Board ; temporary employees who have worked for the Company for a period of 2 weeks- during the 3-month period immediately preceding the date of the Direction of Elec- tion held eligible to vote ; since an election is to be conducted, organization which made some showing of membership accorded place on ballot despite objection by competing union thereto on ground it had not shown a substan- tial interest in the proceeding ; election necessary. Unit Appropriate for Collective Bargaining : all yardmen , mechanics, gaugers, blenders, tank cars loaders, tank truck loaders, repairmen, machine operators, packagers, laborers, shippers, checkers, lube assemblers, drum fillers, and engineers at the Curtis Bay terminal of the Company, excluding watchmen and laboratory, clerical, and supervisory employees. Mr. Allan R. Rosenberg, for the Board. Mr. C. H. Thompson and Mr. J. K. Eagan, of Baltimore, Md., for the Company. Mr. F. C. Ellis, of Baltimore, Md., for Local 22620. Mr. T. J. McCarthy, of Washington, D. C., for Local 403. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 31, and May 12, 1941, respectively, Federal Labor Union #22620 (AFL), herein called Local 22620, filed with the Regional Director for the Fifth Region (Baltimore, Maryland) a petition and an amended petition alleging that a question affecting commerce had arisen concerning the representation of employees of The American Oil Company, Baltimore, Maryland, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 7, 1941, the National Labor 33 N. L. R. B., No. 65. 323 450122-42-vol 33-22 324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Re- lations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On May 12, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, Local 22620, and Oil Workers International Union, Local #403, herein called Local 403, a labor organization claiming to represent employees di- rectly affected by the investigation. Pursuant to notice, a hearing was held on May 29 and June 3, 1941, at Baltimore, Maryland, before Edward G. Smith, the Trial Examiner duly designated by the Chief Trial Examiner. The Board and the Company were represented by counsel, Local 22620, and Local 403 by their representatives ; all participated in the hearing. Full opportunity to be heard, to- ex- amine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The American Oil Company is a Maryland corporation with its prin- cipal place of business at Baltimore, Maryland. It is engaged in the business of blending, distributing, and marketing petroleum products in Maryland, District of Columbia, Virginia, West Virginia, North Carolina, South Carolina, Pennsylvania, New Jersey, Delaware, and Ohio. This proceeding is concerned solely with its terminal at Curtis Bay, Maryland. Most of the petroleum products refined at the Curtis Bay terminal are shipped there by ocean-going tankers from Gulf Coast points in the State of Texas. During 1940 and the first part of 1941 the Company received many millions of gallons of gasoline and oil at its Curtis Bay plant and distributed many millions of gallons of gasoline to its branches in the various States enumerated above. H. THE ORGANIZATIONS INVOLVED Federal Labor Union #22620 is a labor organization affiliated with the American Federation of Labor. It admits to membership employ- ees at the Curtis Bay terminal of the Company. THE AMERICAN OIL COMPANY 325' Oil Workers International Union, Local #403, is a labor organiza- tion affiliated -with the Congress of Industrial Organizations. It ad- mits to membership employees at the Curtis Bay terminal of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about March 30, 1941, Local 22620 requested the Company to recognize it as the exclusive representative of the employees at the Curtis Bay terminal. The Company denied this request until such time as Local 22620 was certified by the Board as exclusive representa- tive of its employees. A statement of the Regional Director, intro- duced in evidence at the hearing, shows that Local 22620 represents a substantial number of employees in the alleged appropriate unit.' We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial rela- tion to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT Local 22620 and Local 403 agreed that all yardmen, mechanics, gaugers, blenders, tank car loaders, tank truck loaders, repairmen, ma- chine operators, packagers, laborers, shippers, checkers, lube assem- blers, drum fillers, and engineers at the Curtis Bay terminal of the Company, excluding watchmen and laboratory, clerical, and supervi- sory employees, constitute an appropriate unit. The Company did not contest the appropriateness of such a unit. We find that all yardmen, mechanics, gaugers, blenders, tank car loaders, tank truck loaders, repairmen, machine operators, packagers, laborers, shippers, checkers, lube assemblers, drum fillers, and engi- neers at the Curtis Bay terminal of the Company, excluding watchmen and laboratory, clerical, and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining and that such 1 The Regional Director reported that Local 22620 presented 64 authorization cards bearing the names of persons who appear on the Company's pay roll of April 15, 1941. There are approximately 112 employees on the April 15, 1941, pay roll who were also in the alleged appropriate unit. A statement of an attorney for the Board introduced in evidence shows that Local 403 presented 6 authorization cards, 1 of which bore the name of a person who appears on the Company s pay roll of April 15, 1941 All six cards were signed in May 1941. 7 326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise 'effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The Company employs a great number of persons classified by it as temporary employees. Local 22620 and Local 403 urge that all temporary employees who have worked for the Company for a period of 2 weeks during the 3-month period immediately preceding the date of the 'Direction of Election should be eligible to vote. The Company objected to temporary employees voting on this basis. It appears that the Company at all times carries on its pay roll tem- porary employees, the number of such employees varying with the Company's requirements. A representative of the Company testified that many temporary employees work for several months at a time and that the Company always attempts to recall the same employees when it has temporary jobs'to do. We shall permit temporary em- ployees, who have worked for the Company for a period of 2 weeks during the 3-month period immediately preceding the date of the Direction of Election to vote. Local 22620 and Local 403 urge that the May 15, 1941, pay roll of the Company be used to determine eligibility to vote. The Com- pany took no position with respect to the eligibility date. In accord- ance with our usual practice, we shall direct that all employees in the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in the Direction hereinafter, shall be eligible to vote. Local 22620 objects to the appearance of the name of Local 403 on the ballot on the ground that Local 403 has not shown a substantial interest in these proceedings. However, inasmuch as an election is to be conducted, and inasmuch as Local 403 has made some showing of membership, we shall accord it a place on the ballot.2 Upon the basis of the above findings of fact and upon,the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees at the Curtis Bay terminal of The American 2 Matter of Harvill Aircraft Die Casting Corporation and International Union of United Automobile Workers of America, Local 864, 010, 28 N. L. R. B. 417. THE AMERICAN OIL COMPANY 327 ,Oil Company, Baltimore, Maryland, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All yardmen, mechanics, gaugers, blenders, tank car loaders, tank truck loaders, repairmen, machine operators, packagers, laborers, shippers, checkers, lube assemblers, drum fillers, and engineers at the Curtis Bay terminal of the Company, excluding watchmen and labora- tory, clerical, and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of -Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with The American Oil Company, Baltimore, Maryland, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direc- tion and supervision of the Regional Director for the Fifth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all yardmen, mechanics, gaugers, blenders, tank car loaders, tank truck loaders, repairmen, machine operators, packagers, laborers, shippers, checkers, lube assemblers, drum fillers, and engineers at the Curtis Bay terminal of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including temporary employees who have worked for a period of 2 weeks during the 3-month period preceding the date of this Direction, and regular employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding watchmen, laboratory, clerical and supervisory employees, and em- ployees who have since quit or been discharged for cause, to determine whether they desire to be represented by Federal Labor Union #22620, affiliated with the American Federation of Labor, or by Oil Workers International Union, Local #403, affiliated with the Congress of Industrial Organizations, for the purpose of collective bargaining, or by neither.