Allied Oil Corp.

National Labor Relations Board - Board Decisions

Jun 3, 1944

56 N.L.R.B. 1186 (N.L.R.B. 1944)

In the Matter of ALLIED OIL CORPORATION and. INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN &
HELPERS OF AMERICA, LOCAL 667, AFFILIATED WITH A. F. L.
Case No. 1,5-R-1104.-Decided June 3, 19.44
Mr. George T, Blansett, of Memphis, Tenn., for the Company.
Messrs. James L. Swearingen, Lester Goings, and John, L,. Biggers,
of Memphis, Tenn., for the Union.
Mrs. Catherine W. Goldmar+, of counsel to the Board.
DECISION'
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Team-
sters, Chauffeurs, Warehousemen & Helpers of America, Local 667,
affiliated with A. F. L., herein called the Union, alleging that a ques-
tion affecting • commerce had arisen concerning the representation
of employees of Allied Oil Corporation, Memphis, Tennessee, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before John H. Eadie,
Trial Examiner. , Said hearing was held at Memphis, Tennessee,
on April 21 and 22, 1944. The Company and-the' Union appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
All parties. were afforded an opportunity to file briefs with-the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TIIE COMPANY
Allied Oil Corporation, an Illinois corporation, is engaged in the
transportation of oil at Memphis, Tennessee, the only operation
involved in this proceeding. The functions of the Memphis operation
56 N. L. R. B., No 212.
1186
ALLIED OIL CORPORATION . - I , 1187
include the unloading of railroad tank cars, the storage of oil, and the
pumping and loading of oil on river barges. All of the oil handled
by the Company is shipped, from outside the State of 'Tennessee.
All of the oil loaded on the river, barges by the Company is shipped
outside the State of Tennessee.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
11. THE ORGANIZATION INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers of.America, Local 667, affiliated with the American
Federation of Labor, is a 'labor organization admitting' to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit. I
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section -9 (c) and Section 2 (6) and (7) of the, Act.,
IV. TILE APPROPRIATE UNIT
The Union requests a unit covering all employees of the Company
exclusive of office and supervisory employees. The Company offered r
no objection to the foregoing unit.
The Company employs one foreman, who has charge of unloading
tank cars: He spends about half his time in manual work, and is
paid on an hourly basis. The Company and the Union agree that he
should be included. It appears, however, that the foreman is respon-I
sible for and has considerable discretion regarding the work under
his supervision. , He issues orders to the workmen under him, directs
their activity, and keeps their time. It is his duty to report to
management employees who disobey his orders. Ile may also recom-
mend the discharge of employees, which recommendation, though not
conclusive, is accorded consideration. We are of the opinion that the
foreman enjoys a supervisory status within our customary,defiiiition,'
and accordingly, we shall exclude him from the
'The Field .Examiner reported that the Union submitted 14 authorization cards dated
January 1944 ; and that there are 15 employees in the unit requested.
1188 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The one tankerman employed by the Company is responsible for
the loading of barges. He directs the work of-three employees, and
has,the power to recommend their hire and discharge . He is paid
upon a monthly basis, and is licensed by the United States'Coast
Guard to which he is answerable for the proper loading of the barges.
While the parties agreed to the inclusion of the tankerman , in view
of the foregoing, we are of the opinion that he should be excluded
from the unit ; we shall eAclude him.
One of the' Company's employees, classified as a gauger, also per-
forms clerical duties in the main office, his time being about equally
divided between the two types of woik. He is also being trained to
fill different positions while the other employees in the plant are on
vacation. While some question was raised during the hearing as to
the status of the gauger, the parties were in final agreement as to his
inclusion . Since the gauger is not employed in either a confidential
or a supervisory capacity, we shall include him in the unit.
The parties are in disagreement concerning the one watchman
employed by the Company, the Union requesting his inclusion and
the Company his exclusion . The watchman is neither armed, nor
militarized; he performs janitorial functions and guards the Com-
pany's premises at night. We,shall include the watchman.
We find that all employees of the Company, including the gauger
and the watchman, but excluding office employees, the tankerman, the
foreman, and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute 'a unit
appropriate for the purposes of collective bargaining within the mean-
ing'of Section 9 (b) of the Act. -
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
'roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction. -
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part 'of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Allied Oil Cor-
ALLIED OIL' CORPORATION 1189
poration, Memphis, Tennessee, 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 Fifteenth Region, actin; in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not'
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls, but
excluding any, who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of,the election,
to determine whether or not they desire to be represented by Inter-
national Brotherhood of Teamsters ,, Chauffeurs , Warehousemen, &
Helpers of America, Local 667, affiliated with the American Federa-
tion of Labor, for the purposes of collective'bargaining.