50 N.L.R.B. 14 (N.L.R.B. 1943)

American Oil Co.

National Labor Relations Board - Board DecisionsJun 1, 1943

50 N.L.R.B. 14 (N.L.R.B. 1943)

In the Matter, of AMERICAN OIL COMPANY and TRUCK DRIVERS & HELPERS LOCAL UNION No. 355, I. B. OF T. C. W. & H. OF A., A'. F. OF L. Case No. R-5341.-Decided June 1, 1943 Mr. C. H . Thompson and W. J. K. Eagan , of Baltimore , Md., for the Company. Mr. Jacob J. Edelman, of Baltimore , KId., for ,the Union. Mr. Louis Cokin , of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition. duly filed by Truck Drivers & Helpers Local Union No. 355, I. B. of T. C. W. & H . of A., A. F. of L ., herein called the Union , alleging that a question affecting commerce had arisen con- cerning the representation of employees of American Oil Company, Baltimore , Maryland, herein called ,the Company , the National Labor Relations Board provided for an appropriate hearing upon due notice before Anthony E. Molina, Trial Examiner. Said hearing was held at Baltimore , Maryland , on May 12, 1943. The Company and the Union appeared , participated , and 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 ate the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY American Oil Company is a Maryland corporation with its principal place of business at Baltimore, Maryland, where it is engaged in the distribution and marketing of petroleum and petroleum byproducts. During 1941 the Company received 20,000,000 gallons of gasoline from, 50 N L. R. B., No. 4. 14 AMERICA'-N- OIL COMPANY 15 points outside the State of Maryland. Such gasoline is blended and stored in Maryland and is ultimately sent to points in 11 States and the District,of Columbia. We are here concerned with the Company's Liberty and Clarkson Street plants. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Truck Drivers & Helpers Local Union No. 355, I. B. of T. C. W. S H. of A., is a labor organization affiliated with the American Federa- tion of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During March 1943 the Union requested the Company to recognize it as the exclusive bargaining representative of certain of the com- pany's employees. The Company refused this request, on the grounds that it doubted the Union's claim to a majority and that the Union was rejected by a majority of the same employees in a Board election conducted on October 7, 1942. An election was conducted on October 7, 1942, under the direction of the Regional Director. In that election 10 votes were cast,,6 against and 4 for the Union. It is contended by the Company that a second election should not be held within so short a period after the October 7, 1942, election. Almost 8 months have elapsed since the election. A statement of the Regional Director, introduced into evidence at the hearing, discloses that the Union has 6 authorization cards bearing apparently genuine signatures of employees of the Company in the appropriate unit. There are a total of 8 employees in the unit. 'All of the Union's cards are dated subsequent to the election of October 7, 1942. Since no collective bargaining representative was chosen as a result of that election, and in view of the fact that a majority of the Company's employees in the appropriate unit appear to have indicated since that election a desire for representation by the Union, we believe that the policies of the Act will best be effectuated by conducting an election on the present petition.' 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. THE APPROPRIATE UNIT We find, in' accordance with a stipulation of the parties, that all warehousemen, utility men, yardmen, and loaders employed at the 0 'See Matter of Detroit Nut Company and Local 17Â¢,'United Automobile, Aircraft & Agi icultural Implement 11 o) hers of Aniei tea, C 1 0, 39 N L R. B 739. 16 DECISIONS OF NATIONALk LABOR RELATIONS BOARD Liberty and Clarkson Street plants of the Company, excluding dis- patchers, all other supervisory employees, foremen, -,^atchmen, and all clerical employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning 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 means 'of an election by secret ballot among the employees in the appropriate unit 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. The Company employs, at various times during the year and par- ticularly during the fuel oil season which lasts from September to May; from one to four temporary employees. At the time of the hearing the Company had in its employ one temporary employee. The temporary employees are employed from a period of several days to 3 months. The Union requests that temporary employees be deemed eligible to vote, while the Company contends that they should be ',deemed ineligible. The record does not indicate' whether or not the Company, rehires the same temporary employees, or makes' any effort to rehire such persons. The record indicates that no prediction can be made as to when any temporary increases in the Company's business, may occur which may give rise to the employment of temporary em- ployees. Under these circumstances, we find that temporary em= ployees are ineligible to vote in the election. 0 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 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with 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 direction 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 Arti- cle III, Section 10, of said Rules and Regulations, among the em- ployees 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 AMERICAN OIL COMPANY 17 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, to determine whether or not they desire to be represented by Truck Drivers & Helpers Local Union No. 355, I. B. of T. C. W. & H. of A., affiliated with the American Federation of Labor, for the purposes of collective bar- gaining.