Latonia Refining Corp.

National Labor Relations Board - Board Decisions

May 5, 1943

49 N.L.R.B. 488 (N.L.R.B. 1943)

In the Matter of LATONIA REFINING CORPORATION and AMERICAN FED
ERATION OF LABOR
Case No. R-5191.-Decided May 5, 19113
Mr. Maurice F. Hanning and Mr. G. W. Hanneken, of Cleveland,
Ohio, and Mr. H. Buchanan, of Latonia, Ky., for the Company.
Mr. J. W. Kneidle, of Cincinnati, Ohio, for the A. F. of L.
Mr. Mirko Debevic, of Willoughby, Ohio, for the Oil Workers.
Mr. Louis Cokin, of'counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by American Federation of Labor, herein
called the A. F. of L., alleging that a question affecting commerce had
arisen concerning the representation of employees of Latonia Refining
Corporation, Latonia, Kentucky, herein called the Company, the
National Labor Relations Board provided for -an appropriate hearing
upon due notice before Philip G. Phillips, Trial Examiner. Said
hearing was held at Cincinnati, Ohio, on April 20, 1943. At the com-
mencement of the hearing, the Trial Examiner granted a motion of
Oil Workers International Union, herein called the Oil Workers, to
intervene. The Company, the A. F.'of L., and the Oil Workers ap-
peared at and participated in the hearing.' All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. During the course
of the hearing counsel for the Company moved to dismiss the petition.
The Trial Examiner reserved ruling. The motion is hereby denied.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
'Upon the entire record in the case, the Board makes the following:
'Although Association of Petioleum Workers of the Standard Oil Company of Ohio,
herein called the Association , was served s ith notice of hearing , it did not appear.
49N.L R B,No 66.
488
LATONIA REFINING CORPORATION
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
489
Latonia Refining Corporation is an Ohio corporation engaged in
the business of refining petroleum oils at Latonia, Kentucky. Ap-
proximately all raw materials used by the Company is shopped to
it from points outside the State of Kentucky, and approximately 75
percent of all finished products is shipped to points outside the State
of Kentucky. The Company's volume of business exceeds $200,000
annually.
IT. THE ORGANIZATIONS INVOLVED
Aincrlcan Federation of Labor is a labor organization admitting to
membership employees of the Company.
Oil Workers International Union is a labor organization affiliated
with the Congress of Industrial Organizations , admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
i
On March 13, 1943, the A. F. of L. requested the Company to recog-
nize it as the exclusive bargaining representative of its employees.
The Company refused this request on the ground that it was operating
under a contract with the Association. Since the Association has
been found to be an organization dominated by the Company 2 the
contract does not constitute a bar to a present determination of repre-
sentatives.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the A. F. of L. represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.3
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 National Labor
Relations Act.
z On Februaiy 15, 1943, the Board ordered the Company, among other things , to cease
and desist from dominating and interfering with the administration of the Association
and to withdraw and withhold from the Association all recognition as representative of
its emplogees and completely disestablish the Association as such representative . Matter
of Standard Oil Company, an Ohio corporation, .Sohio Pipe Line Corporation , Latonia
Refining Col po, ation and Oil Workers International Un ion, et al ., 47 N L R. B , 604
3 The Field Examiner reported that the A. F of L presented 144 membership applica-
tion cards bearing apparently genuine signatures of persons whose names appear on the
Company's pay roll of March 29, 1943 There are approximately 196 employees . in the
appropriate unit The Oil Workers presented 5 membership cards, but stated at the
healing that it did not desire to appear on the ballot in the event the Board directs an
election .
6
490 DEIDISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE 'UNIT
The A. F. of L. contends that all production, maintenance, and
laboratory employees at the Latonia plant of the Company, excluding
plant-protection employees, clerical employees, supervisory employees,
and graduate technical engineers and chemists ,4 constitute an appro-
priate unit. The only controversy with respect to the unit concerns
three employees.
P. Dulscamp is classified by the Company as an ordinary production
employee. The A. F. of L. urges that he be excluded from the unit,
and the Company that he be included. Dulscamp works .5 days a
week as an ordinary production employee, but on the 6th day works as
a foreman and exercises all the rights and privileges of the latter class
of employees. Foremen are admittedly excluded from the unit.
Under the circumstances, we shall exclude P. Dulscamp from the unit.
The Company employs a person classified by it as a storekeeper.
The Company requests -that he be excluded from the unit as a
Lierical employee, while the A. F. of L. urges that he be included.
The storekeeper is responsible for ordering, materials and works in
an office located between the refinery and the plant office. Although
he occasionally handles materials, the storekeeper is carried on the
Company's clerical pay roll. We shall exclude the storekeeper from
the unit.
• The Company employs a person classified by it as a messenger.
The A. F. of L. requests that he be included in the unit, and the
Company urges that he be excluded. The messenger is carried on
the Company's office pay roll, and, although he' at times carries sacks
of mail, he spends a majority of his time performing clerical duties.
We shall exclude the messenger from the unit.
We find that all production, maintenance, and laboratory em-
ployees at the Latonia plant of the Company, excluding plant-
protection employees, clerical employees, supervisory employees,
mraduate technical engineers and chemists,' P. Dulscamp, the store-
keeper, and the messenger, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.
k
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
4 The parties all agree that graduate technical engineers and chemists are employees
who hold college degiees or ate duly certified by institutions of college standing
5 See footnote 4, supra.
LATONIA REFINING CORPO'R 'ATION 491
Election herein, subject to the limitations and additions set forth in
the,Direction.
As stated heretofore , the Oil Workers does not desire to appear on
the ballot. Accordingly , we shall not accord it a place on the ballot.
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 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 Latonia Refining
Corporation, Latonia, Kentucky, 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 Ninth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Section 10, of said Rules and Regulations, among the
employees in the unit found appropriate, in Section IV, above, who
vv ere 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 tempo-
rarily laid off, and including employees in the armed foiic^s 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 American
Federation of Labor for the purposes of collective bargaining.