Richfield Oil Corp.

National Labor Relations Board - Board Decisions

Jun 7, 1949

83 N.L.R.B. 1242 (N.L.R.B. 1949)

,In the Matter of RICHFIELD OIL CORPORATION, EMPLOYER and MAIN-
TENANCE EMPLOYEES AT 2545 E. 24TH ST., Los ANGELES, CALIFORNIA
OF RICHFIELD OIL CORPORATION, PETITIONERS and OIL WORKERS IN-
TERNATIONAL UNION, CIO,' UNION
Case No. 21-RD-64.-Decided June 7, 1949
DECISION
AND
ORDER
Upon a petition for decertification duly filed, hearing in this case
Was held before Eugene Mathew Purver, hearing officer. The hearing
officer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Houston, Reynolds, and
Murdock]. ,
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioners assert that the Union is no longer the bargain-
ing representative of the employees of the Employer as defined in Sec-
tion 9 (a) of the Act.
3. Following a consent election the Regional Director for the
Twenty-first Region, on August 6, 1946, certified that the Union had
been designated as the bargaining representative for a unit of produc-
tion and maintenance employees of the Employer. Thereafter, the
Union and the Employer executed a collective bargaining agreement,
which expired on September 3, 1948.
The Union failed to appear at the hearings in this case which were
held on March 17, 1949, and April 5, 1949. However, the Board is in
receipt of a letter, dated May 17, 1949, from the Union in which it dis-
claims any interest in the employees of the Employer 2 The Union has,
therefore, withdrawn its claim to represent a majority of such
employees.3
1 The Union's name appears as amended at the hearing.
2 Local 128 , 011 Workers International Union , which appears to be an interested party,
filed with the Board a letter, dated April 8, 1949 , similarly disclaiming any interest in the
employees of the Employer.
8 Matter of Crane Company, 81 N. L . R. B. 460 ; Matter of Terrytoens, Inc., 77 N . L. R. B.
471 ; Matter of St. Paul Brass Foundry Co., 78 N . L. R. B. 623.
83 N. L. B. B., No. 171.
1242
RICHFIELD OIL CORPORATION 1243
We find that no question affecting commerce exists concerning the
representation of employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act, and we shall,
therefore, dismiss the petition.
ORDER
Upon the basis of the above findings of fact and the entire record
in this case, it is hereby ordered that the petition for decertification
of representatives in the above-entitled matter be, and it hereby is,
dismissed.