Brewer Petroleum Service, Inc.

National Labor Relations Board - Board Decisions

Jun 7, 1939

13 N.L.R.B. 131 (N.L.R.B. 1939)

In the Matter of BREWER PETROLEUM SERVICE, INC. and INTERNA-
TIONAL BROTIIERIIOOD OF TEAMSTERS , CHAUFFEURS, STABLEMEN &
HELPERS, LOCAL No. 68 , A. F. OF L.
Case No. R-1323.-De6ided June 'Y, 1939
'Petroleum Distributing Industry-Investigation of Representatives: con-
troversy concerning representation of employees; stipulation as to-Unit Ap-
propriate for Collective Bargasnvng : truck drivers and mechanics, excluding the
dispatcher ; stipulated , except as to dispatcher-Election Ordered-Petition for
Investigation of Representatives dismissed upon request of petitioning union to
withdraw petition-Decision and Direction of election : vacated.
Mr. Benjamin E. Gordon, for the Board.
Mrs. Perley A. Brewer, of Belmont, Mass., for the Company.
Grant & Angoff, by Mr. Samuel E. Angoff, of Boston , Mass., for
the C. I. O.
Mr. Esmonde T. Doherty, of Boston, Mass. , for the A. F. of L.
Mr. F. Hamilton Seeley, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 3, 1939, International Brotherhood of Teamsters, Chauf-
feurs, Stablemen & Helpers, Local No. 68, American Federation of
Labor, herein called the A. F. of L., filed with the Regional Director
for the First Region (Boston, Massachusetts) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Brewer Petroleum Service, Inc., Somerville,
Massachusetts, herein called the Company, and requesting an in-
vestigation and certification of representatives pursuant to Section 9
(c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On March 6, the A. F. of L. filed an amended petition. On
March '11, 1939, 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 Regula-
tions-Series 1, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
13 N L. R B., No. 18.
131
132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On March 14, 1939, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon the
A. F. of L., and upon the Oil Workers' International Union, Local
381, C. I.- 0., herein called the C. I. 0., a labor organization claiming
to represent employees directly affected by the investigation. Pur-
suant to the notice, a hearing was held on March 23 and 24, 1939, at
Boston, Massachusetts, before Edward G. Smith, the Trial Examiner
duly designated by the Board. The Company was represented by its
vice president, and the A. F. of L., the C. I. 0., and the Board were
represented by counsel. All participated in the hearing and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing upon the issues. During
the course, of the, hearing 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
Brewer Petroleum Service, Inc., a Massachusetts corporation hav-
ing its principal office and place' of business in Somerville, Massa-
chusetts, is engaged in the business of transporting petroleum prod-
ucts in bulk. The Company owns and operates seven trucks and seven
trailers in the conduct of its business. During the period January 1
to December, 31, 1938, the Company transported approximately
21,000,000 gallons of oil, of which approximately 2,500,000 gallons
were picked up in Massachusetts and transported to points outside
the Commonwealth of Massachusetts. The approximate value of the
oil transported by the Company during the aforesaid period was
$1,500,000, and the approximate value of the oil transported by the
Company to points outside the Commonwealth of Massachusetts dur-
ing the said period was $175,000. During the same period,, the Com-
pany transported approximately 8,000,000 gallons of gasoline with
an approximate value of $1,000,000. Approximately 750,000 gallons
of the said gasoline having an approximate value of $95,Q00 'were
picked up in Massachusetts and transported to points outside, of said
Commonwealth. All of the trucks and trailers owned by the Com-
pany are registered with the Interstate Commerce, Commission as
being engaged in interstate commerce.
BREWER PETROLEUM SERVICE, INCORPORATED 133
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Stablemen &
Helpers, Local No. 68, is a labor organization affiliated with the Amer-
ican Federation of Labor, admitting to membership the truck drivers,
mechanics, and dispatcher employed by the Company,
Oil Workers' International Union, Local 381, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to membership the truck drivers and mechanics employed by the
Company, but excluding the dispatcher.
III. THE QUESTION CONCERNING REPRESENTATION
On March 16, 1938, the Company and the C. I. O. signed a closed-
shop agreement which was to continue until March 16; 1939. On
February 20, 1939, the C. I. O. wrote the Company a letter requesting
renewal of the agreement.' The Company replied on March 1, 1939,
that it was not satisfied that the C. I. O. represented a majority and
requested the C. I. O. to prove its majority to the Board. Shortly
thereafter the C. I. O. demanded the discharge of five employees
under, the provisions of the agreement. Upon the refusal of the
Company to comply, the C. I. O. called a strike. The strike was
settled on, March 15, 1939.
During the course of the hearing it was stipulated between all the
parties that the A. F. of L. and the C. I. O. each included, within, its
membership a majority of the-employees of the Company, that their
membership was overlapping, and that the question of representation
could best be resolved by a secret election conducted by the Board.
We find that a question has arisen concerning representation of, em-,
ployees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
f
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
During the course of the hearing it was stipulated by all the parties
that the truck drivers and mechanics listed in Appendix A, attached
187930-39-vol. 13--10
134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hereto, constitute a unit appropriate for the purposes of collective
bargaining. It was contended by the C. I. 0. that E. J. Steeves, dis-
patcher, should not be included within the appropriate unit. It ap-
pears that because of the illness of the manager of the Company,
Steeves has for some time acted as the active manager of the business,
that he has the power to hire or fire the employees, and that he
assigns the work and supervises its performances. In view of these
facts we shall exclude him from the unit.
We find that the truck drivers and mechanics employed by the
Company, excluding the dispatcher, constitute a unit appropriate-for
the purposes of collective bargaining and that said unit will insure
to employees of the Company the full benefit of their right to self-
organization and collective bargaining and otherwise effectuate the
policies of the Act.
W. THE DETER1LINATION OF REPRESENTATIVES
From testimony appearing in the record and from the stipulation
made between the parties and mentioned'in Section III above it is
clear that there is considerable overlapping of the employees now
claimed by the A. F. of L. and by the C. I. 0. In recognition of this
all parties agreed that an election was necessary to resolve the ques-
tion of representation. The parties also agreed that the eligibility
date of such election should be March 16, 1939. The C. I. 0. contends
that an election, while necessary, should be postponed to', slime ' un-
specified future time. The C. I. 0. did not' submit any substantial
evidence in support of said contention and we accordingly find it to
be without merit. Those eligible to vote shall be employees within
the appropriate unit whose names appear in Appendix A, as being
employed by the Company on March 16, 1939.
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 Brewer Petroleum Service, Inc., Somer-
ville, Massachusetts, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All the truck drivers and mechanics employed by the Company,
excluding the dispatcher, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
BREWER PETROLEUM SERVICE, INCORPORATED 135
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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purpose of collective bargaining
with Brewer Petroleum Service, Inc., Somerville, Massachusetts,
an,election by secret ballot shall be conducted within fifteen (15)
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the First 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
the truck drivers and mechanics, excluding the dispatcher, who were
employed by the Company on March 16, 1939, and whose names ap-
pear in the list which is annexed hereto as Appendix A, to determine
whether,they desire to be represented by International Brotherhood
of Teamsters, Chauffeurs, Stablemen ,& Helpers, Local No. 68, Amer-
ican Federation of Labor, or by Oil Workers' International Union,
Local 381, C. I., 0., for the purposes of collective bargaining, or by
neither.
Atwood, R.,. F.
Batchelder, K. W.
Betts, G. W.
Coleman, F. W.
Conley, C. H.
Delaney, R.
Dixon, R.
Eaton, J.
Frost, W. L.
Gildart, A. B.
Carter, M. W.
APPENDIX A
DRIVERS
MECHANICS
Henry, R.
Jacobs, N. M.
Malay, W.
Palmer, G.
Steeves, V.
Stonehouse, R.
West, A. R.
Whiting, L. M.
Whitten, C.
Chapman, W. B.
Haley, T.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Decision and Direction of Election.
136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
[SAME TITLE]
SUPPLEMENTAL DECISION
AND
ORDER
June 2,1939
On June 7, 1939, the National Labor Relations Board, herein called
the Board, issued its Decision and Direction of Election in the above-
entitled proceeding, the election to be conducted within fifteen (15)
days from the date of the Direction, under the direction and super-
vision, of the Regional Director for the First Region (Boston, Massa-
chusetts), among employees of Brewer Petroleum Service, Inc., Som-
erville, Massachusetts, to determine whether they desired to be rep-
resented by International Brotherhood of Teamsters, Chauffeurs,
Stablemen & Helpers, Local No. 68, A. F. of L., or by Oil Workers'
International Union, Local 381, C. I. 0., or by neither.
The International Brotherhood of Teamsters, Chauffeurs, Stable-
men & Helpers, Local No. 68, A. F. of L., the organization filing the
petition for investigation and certification of representatives, has ad-
vised the Board that it desires to withdraw its petition.
Oil Workers' International Union, Local 381, C. I. O., the only
other organization involved, has advised the Board that it does not
desire to participate in the election, and has requested that the Board
omit its name from the ballot.
It is apparent that, neither of the organizations involved desires to
continue this proceeding. The Decision and Direction of Election
will accordingly be vacated and the petition for investigation and
certification of representatives of employees of Brewer Petroleum
Service, Inc., filed by International Brotherhood of Teamsters, Chauf-
feurs, Stablemen & Helpers, Local No. 68, A. F: of L., 'will be
dismissed.
ORDER
The National Labor Relations Board hereby orders that :
1. The Decision and Direction of Election hereinbefore issued be,
and they hereby are, vacated; and
2. The petition for investigation and certification hereinbefore filed
be, and it hereby is, dismissed.
13 N. L. R. B., No. 18a.