Socony-Vacuum Oil Co., Inc.

In the•Matter of SOCONY-VACUUM OIL COMPANY, INC., WHITE STAR- OHIo DIVISION and INTERNATIONAL UNION OF OPERATING ENGI- NEERS, AFHLIATED WITH THE A. F. L. Case No. R-3432.Deoided January 23, 1942 Jurisdiction : oil producing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord union recognition ; election necessary. Unit Appropriate for Collective Bargaining : all oil field production employees at two of the Company's fields, excluding office, clerical and supervisory em- ployees; stipulation as to. Mr. W. O. Gowans , of Detroit, Mich., for the Company. Mr. J. E. Crow, of Detroit, Mich., for the Union. Mr. Max E. Halpern, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 3, 1941, International Union of Operating Engineers, affiliated with the A. F. L., herein called the Union,: filed with the Acting Regional Director for the Seventh Region (Detroit,, Michi- gan) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Socony-Vacuum Oil Company, Inc., White Star-Ohio Division, herein called the Com- pany, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On December 13, 1941, the Na- tional Labor Relations Board, herein called the Board, acting pur- suant 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. On December 26, 19411 the Acting Regional Director issued a notice of hearing, copies of which were served upon the Company and the Union. Pursuant to notice, a hearing was held on January 2, 1942, 38 N. L. R. B., No. 102. 479 480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD at Detroit, Michigan, before Jerome H. Brooks, the Trial Examiner duly designated by the Chief Trial Examiner. The Company was represented by counsel and the Union by a representative; both par- ticipated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded both parties. During the course of the hear- ing 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 Socony-Vacuum Oil Company, Inc., a 'New York corporation with its principal office in New York City, is engaged in the production, transportation, refining, sale, and distribution of petroleum and allied products in various States and foreign countries. The White Star- Ohio Division of the Company, which is involved herein, operates plants in the States of Ohio and Michigan. During the first 6 months of 1941, the Company purchased raw materials in excess of $1,000,- 000 for its operations in Michigan, approximately 35 percent of which purchases were made outside that State. During this period finished products valued in excess of $500,000 produced at the Trenton, Michigan, Refinery were shipped to other States. The Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED International Union of Operating Engineers is a labor organiza- tion affiliated with the American Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Shortly prior to the filing of the petition herein, the Union re- quested recognition from the Company as the exclusive representa- tive of its employees. The Company refused to recognize the Union until and unless it was certified as such representative by the Board. The statement of the Acting Regional Director introduced in evidence at the, hearing shows that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.' 1 The Acting Regional Director 's statement shows that 13 employees, whose names appear on the Company's pay roll of December 10, 1941, signed designation cards , and that all of said cards were undated. There are approximately 25 employees in the white Star-Ohio Division of the Company. SOCONY-V'A'CUUM OIL COMPANY, INC. 481 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 relation 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 The Company and the Union stipulated, and we find, that all oil field production employees in the Company's Salem (Allegan County) and Temple (Clare County), Michigan, fields in the White Star-Ohio Division, excluding office and clerical employees and superintendents, constitute a unit appropriate for the purposes of collective bar- gaining. We further find that such 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, and we shall accordingly direct, an election by secret ballot, among the persons who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions 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. A question affecting commerce has arisen concerning the repre- sentation of employees 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 oil field production employees in the Company's Salem (Allegan County) and Temple (Clare County), Michigan, fields in the White Star-Ohio Division, excluding office and clerical employees and superintendents, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 438861-42-vol. 38-32 482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Socony-Vacuum Oil Company, Inc., White Star-Ohio Division, 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 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 all oil field production employees in the Company's Salem (Allegan County) and Temple (Clare County), Michigan, fields in the White Star-Ohio Division, who were employed by the Company during the pay-roll period immediately preceding the date of this Direction, including 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 office and clerical employees and superin- tendents, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Union of Operating Engineers, affiliated with the American Federation of Labor, for the purposes of collective bar- gaining.