Socony Vacuum Oil Co., Inc.

In the Matter of SOCONY VACUUM OIL COMPANY, INC. WHITE STAR- OHIO DIVISION and OIL WORKERS INTERNATIONAL UNION, DETROIT LocAr, #389 In the Matter of SOCONY VACUUM OIL COMPANY, INC. WHITE STAR- OHIO DIVISION and SIGN, PICTORIAL AND DISPLAY- UNION, LOCAL 591, AFFILIATED WITH THE A. F. L. In the Matter of SOCONY VACUUM OIL COMPANY, INC. WHITE STAR- OHIO DIVISION-TRENTON REFINERY and OIL WORKERS INTERNA- TIONAL UNION, LOCAL 456, AFFILIATED WITH THE C. I. O. Cases Nos. R 2775, R-2776, and R-2777.-Decided August 13, 1941 Jurisdiction : petroleum products manufacturing industry. Investigation and Certification of Representatives : existence of question : dis- pute as to appropriate units ; refusal to grant recognition to rival unions until after certification by the Board ; elections necessary. Units Appropriate for Collective Bargaining : (Detroit Operating and Mainte- nance Department) single or separate units comprising (1) all employees including various groups and excluding various groups of employees, with or without the inclusion of Sign Shop employees, and (2) Sign Shop em- ployees including and excluding various groups of employees ; determination of, dependent upon elections-(Trenton Refinery) all employees including assistant foremen, watchmen, janitors, janitresses, and cafeteria employees and excluding various groups of employees. Mr. W.. D. Gowans and Mr. R. H. Lowe, of Detroit, Mich., for the Company. Mr. Maurice Sugar, by Mr. Jack N. Tucker, of Detroit, Mich., for the C. I. O. Mr. Leon A. Cousens, of Detroit, Mich., for the A. F. L. Mr. Wm. J. Bell, of Detroit, Mich., for Socony Vacuum Oil Em- ployees Union No. 1. - Mr. Joseph J. George, of Wyandotte, Mich., for Socony Vacuum Employees Association of Trenton, Michigan. Mr. Armin Uhler, of counsel to the Board. 34 N. L. R. B., No. 33. 236 S'OCONIY VACUUM OIT: COMPANY, ncc. 237 DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 12, 1941, Oil Workers International Union, Detroit Local #389, affiliated with the Congress of Industrial Organizations, here- in called C. I. O. Local 389, and Sign, Pictorial and Display Union, Local 591, affiliated with the American Federation of Labor, herein called A. F. L. Local 591, each filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees in the Detroit Operating and Maintenance Depart- ment of Socony Vacuum Oil Company, Inc., White Star-Ohio Division, Detroit, Michigan, herein called the Company, and request- ing an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 17, 1941, Oil Workers International Union, Local 456, affiliated with the C. I. 0., herein called C. I. O. ' Local 456, filed a similar petition with respect to employees of the Company at its Trenton Refinery, Trenton, Michigan. On July 16, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations 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, and, acting pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, further ordered that the three cases be consolidated. On July 18, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, C. I. O. Locals 389 and 456, A. F. L. Local 591, and also upon Socony Vacuum Oil -Employees Union No. 1, herein called the Independent Union, and Socony Vacuum Employees Association of Trenton, Michigan, herein called the Independent Association, both independent' organizations claiming to represent employees directly affected by these proceedings. Pursuant to notice, a hearing was held on July 22, 1941, at Detroit, Michigan, before Colonel C. Sawyer, the Trial Examiner duly desig- nated by the Chief Trial Examiner. The Company and the unions were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. No objections to the rulings of the Trial Examiner were made by 238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD any of the parties. 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 Socony Vacuum Oil Company, Inc., a New York corporation, with its principal office at 26 Broadway, New York City, is engaged in the production, transportation, refining, sale, and distribution of petroleum products in various States and foreign countries. The White Star-Ohio Division of the Company operates plants in the States of Ohio and Michigan, including the Detroit Operating and Maintenance Department, comprising several plants in the city of Detroit, Michigan, and the Trenton Refinery, Trenton, Michigan, whose ,employees alone are involved in the§e proceedings. The gen- eral offices for the operations conducted at Detroit and Trenton, Michigan, in which some 675 employees are engaged, are located at 903 West Grand Boulevard, Detroit, Michigan. The Company purchases and uses crude oil as its principal raw material. In excess of $500,000 worth of crude oil was purchased by the Company for its operations at Detroit, Michigan, during the first 6 months of 1941, approximately 20 per cent of which was pur- chased outside the State of Michigan. Approximately 2 per cent of the products finished at Detroit, valued in excess of $100,000, were sold to customers outside the State of Michigan. During the first 6 months of 1941, the Company purchased raw materials exceeding $500,000 in value for its operations at Trenton, Michigan. Of this amount in excess of 50 per cent was purchased outside the State of Michigan. During the same period, finished products valued at more than $500,000, produced at the Trenton Refinery, were sold to cus- tomers outside the State of Michigan. II. THE ORGANJZATIONS INVOLVED Oil Workers International Union, Detroit Local #389, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company in its Detroit Operating and Maintenance Department. Sign, Pictorial and Display Union, Local 591, is a labor organiza- tion affiliated with the American Federation of Labor, admitting to membership employees of the Company in the Sign Shop of the Detroit Operating and Maintenance Department. SOCONIY VACUUM OIL COMPANY, I NC. 239 Socony Vacuum Oil Employees Union No. 1 is an independent labor organization, admitting to membership employees of the Com- pany at the Detroit Operating and Maintenance Department. Oil Workers International Union, Local No. 456, is a labor organi- zation affiliated with the Congress of Industrial Organizations, ad- mitting to membership employees of the Company at the Trenton Refinery. Socony Vacuum Employees Association of Trenton, Michigan, is an independent labor organization, admitting to membership em- ployees of the Company at the Trenton Refinery. III. THE QUESTIONS CONCERNING REPRESENTATION The parties stipulated at the hearing that the Company refuses to recognize C. I. O. Local 389, A. F. L. Local 591, or the Independent Union as the exclusive representative of certain employees in the respective units claimed by the several unions to be appropriate in the Detroit Operating and Maintenance Department. The parties further stipulated that the Company refuses to recognize either C. 1. 0. Local 456 or the Independent Association as the exclusive representa- tive for the unit claimed by them to be appropriate in the Company's Trenton Refinery. The Regional Director reported that the several unions represent substantial numbers of employees in the several units hereinafter found to be appropriate.' We find that questions have arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Com- 1 The Regional Director's report shows the following : C. I. O. Local 389 submitted 126 application-for-membership cards bearing genuine signatures which correspond to an equal number of names on the Company's June 16, 1941, pay roll for the Detroit Operating and Maintenance Department, comprising approximately 300 employees. The Independent Union submitted a membership roster and dues records with 176 genuine signatures affixed of members in good standing whose names appear on the Company's June 16, 1941, pay roll for the Department. A. F. L. Local 591 submitted 17 application-for-membership cards bearing genuine original signatures of employees appearing on the Company's June 16, 1941, pay roll for the Department. All of the signatures on the 17 cards submitted by A. F. L., Local 591, 2 of the signatures on the cards submitted by C. I O. Local 389, and 11 of the signatures on the records of the Independent Union correspond to names on the Company's June 16, 1941, pay roll for the Sign Shop of the Detroit Operating and Maintenance Department. The Regional Director's report further shows that C. I. O. Local 456 submitted 139 application-for-membership cards with genuine original signatures of employees appearing on the Company's June 16, 1941, pay roll for the Trenton Refinery, while the Independent Association submitted a membership, roster with 174 original signatures of members In good standing whose names appear on the Company's June 16, 1941, pay roll for the Trenton Refinery. 240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pany described in Section I above, have a close, intimate, and sub- stantial relationship to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNITS The Detroit Operating and Maintenance Department The parties stipulated and agreed that two separate elections should be held in the Detroit Operating and Maintenance Depart- ment in order to determine (a) Whether all employees in the Detroit Operating and Mainte- nance Department, including clerks' routers, assistant cashiers, cashier routers, janitors, janitresses, elevator operators, Trenton' bulk plant truck drivers, Trenton routers, Trenton assistant cashiers, and other Detroit Operating and Maintenance Department employees working at Trenton, and including gang leaders, but excluding foremen, assistant foremen, the head cashier, Sign Shop employees, exclusive of clerks, and all employees in the front office upstairs at the Avery Avenue plant, and all other supervisory employees desire to be re- presented for collective bargaining purposes by C. I. O. Local 389, the Independent Union, or neither; and (b) Whether all employees in the Sign Shop of the Detroit Operat- ing and Maintenance Department, including sign painters, sign hang- ers, bulletin board erectors, display men and their helpers, but ex- cluding foremen and assistant foremen and clerical help desire to be represented for collective bargaining purposes by C. I. O. Local 389, A. F. L. Local 591, the Independent Union, or none of these organizations. The parties further agreed that the question of whether Sign Shop employees should be held to constitute a part of the plant-wide unit or a separate unit should be determined in the light of the selection nor non-selection of the same representative as selected by the employees in the plant-wide unit. We find that the employees in the Detroit Operating and Mainte- nance Department of the Company described under (a) above, with or without the inclusion of the Sign Shop employees specified under (b) above, may properly constitute an appropriate unit, and that the Sign Shop employees may properly constitute a separate appropriate unit or be merged into a plant-wide unit, for the purposes of collective bargaining, and that such unit or units would insure to the employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the SOCONY VACUUM OIL COMPANY, WC. 241 Act. We shall accordingly order that separate elections shall be held, among the employees in the groups specified under (a) and (b) above 2 The Trenton Re flmery The parties stipulated, and we find, that all employees at the Company's Trenton Refinery, including assistant foremen, watch- men, janitors, jainitresses and cafeteria employees, but excluding the Trenton bulk plant truck drivers, Trenton routers, and 'Trenton assist- ant cashiers, and other employees 'of the Detroit Operating and Main- tenance Department working at Trenton, and also excluding office and clerical help, foremen (but not excluding still men), engineers, superintendents and supervisory officials, constitute a unit appro- priate for the purposes of collective bargaining. We further find that such a unit will insure to the employees of the Company at the Trenton Refinery the full benefit of their right to self-organization and to collective bargaining and will otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the questions which have arisen concerning the rep- resentation of employees of the Company can best be resolved by elections by secret ballot. The parties have agreed and we shall direct that the employees of the Company eligible to vote in the elections shall be those in the stipulated units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to such limitations and additions as are set forth in the Direction. 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. Questions affecting commerce have arisen concerning the repre- sentation of employees in the Detroit Operating and Maintenance Department, Detroit, Michigan, and in the Trenton Refinery, Tren- ton, Michigan, of Socony Vacuum Oil Company, Inc., White Star- Ohio Division, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees at the Company's Trenton Refinery, including assistant foremen, watchmen, janitors, janitresses, and cafeteria em- ployees, but excluding the Trenton bulk plant truck drivers, Trenton 8 See Matter of The Texas Company and Oil Workers International Union, Locals No. 867 and 228, 29 N. L. R. B. 623. 242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD routers and Trenton assistant cashiers, and other employees of the Company's Detroit Operating and Maintenance Department working at Trenton, and also excluding office and clerical help, foremen (but not excluding still men), engineers, superintendents and supervisory officials, 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 ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act and pursuant to Article III, Section 8, of National La- bor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIxECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with the Detroit Operating and Maintenance Department and the Trenton Refinery of Socony Vacuum Oil Company, Inc., White Star- Ohio Division, elections by secret ballot shall be conducted within thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Seventh 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 those employees of the Company who fall within the groups indicated below and who were employed by the Company during the pay-roll period immediately preceding the date of our Direction of Elections, including employees on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding employees who have since quit or been discharged for cause: (1) Among all employees of the Company's Detroit Operating and Maintenance Department, including clerks' routers, assistant cashiers, cashier. routers, janitors, janitresses, elevator operators, Trenton bulk plant truck drivers, Trenton routers, Trenton assistant cashiers and other Detroit Operating and Maintenance Department employees working at Trenton, and including gang leaders, but excluding fore- men, assistant foremen, the head cashier, Sign Shop employees, ex- clusive of clerks, and all employees in the front office upstairs at the Avery Avenue plant, and all other supervisory employees, to deter- mine whether they desire to be represented by Oil Workers Interna- tional Union, Detroit Local #389, affiliated with the Congress of Industrial Organizations, or by Socony Vacuum Oil Employees Union No. 1, for the purposes of collective bargaining, or by neither; SOCONfY VACUUM OIL COMPANY, INC. 243 (2) Among all employees in the Sign Shop of the Company's De- troit Operating and Maintenance Department, including sign painters, sign hangers, bulletin board erectors, display men and their helpers, but excluding foremen and assistant foremen and clerical help, for the purpose of determining whether or not they desire to be represented by Oil Workers International Union, Detroit Local #389, affiliated with the Congress of Industrial Organizations, by Sign, Pictorial and Display Union, Local 591, affiliated with the American Federation of Labor, by Socony Vacuum Oil Employees Union No. 1 for the pur- poses of collective bargaining, or by none of these organizations : (3) Among all employees in the Company's Trenton Refinery, in- cluding assistant foremen, watchmen, janitors, janitresses and cafe- teria employees, but excluding the Trenton bulk plant truck drivers, Trenton routers and Trenton assistant cashiers and other employees of the Company's Detroit Operating and Maintenance Department working at Trenton, and also excluding office and clerical help, fore- men (but not excluding still men), engineers, superintendents and supervisory officials, to determine whether or not they desire to be represented by Oil Workers International Union, Local 456, affiliated with the Congress of Industrial Organizations, or by Socony Vacuum Employees Association of Trenton, Michigan, for the purposes of collective bargaining, or by neither.