The Standard Oil Co.

National Labor Relations Board - Board Decisions

Jun 24, 1943

50 N.L.R.B. 802 (N.L.R.B. 1943)

In the Matter of THE STANDARD OIL COMPANY, AN OHIO CORPORATION,
and OIL WORKERS INTERNATIONAL UNION, LOCAL 395 ( CIO )
Case No. 8=5.133.Decided June 04,1943
Messrs. Maurice Hannimg, George .W..Hanneken, and Logan Helm,
of Cleveland, Ohio, for the Company.
-Mr. M. Debevic, of Willoughby, Ohio, for the Union.
• ,Miss Viola James, of counsel to 'the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed ,by Oil Workers International
Union , Local 395, affiliated with the Congress of Industrial Organiza-
tions, herein called the Union , alleging that a question affecting com-
merce had arisen concerning the representation of employees of The
Standard Oil Company , an Ohio corporation, Cleveland , Ohio, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before John A. Hull, Jr.,
Trial Examiner . Said hearing was held at Cleveland , Ohio, on June
3, 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 Company made a motion to dismiss the petition . The Trial
Examiner reserved ruling on the motion for the Board. For the
reasons appearing in Section III, herein , we hereby deny the motion.
The Trial Examiner's rulings 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
The Standard Oil Company, an Ohio corporation, is engaged at its
No: 2 Refinery, Cleveland, Ohio, which is the plant here involved, in
the manufacturing and processing of petroleum paraffine distillates
50 N. L R. B., No. 112.
802
THE STANDARD OIL COMPANY;/ 803'
for the manufacture of various grades of lubricating oil and paraffin
waxes, and' in the, manufacture of lubricating greases, cutting oils,
and special oil products. During the 12-month period ending April.
30, 1943, the No. 2 Refinery received raw materials valued in excess
of $1,000,000 from points outside the State of Ohio. During,the same
period, products valued in excess of $1,000,000 were shipped from this
plant to points outside the State of Ohio. The Company admits that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
Oil Workers 'International Union, Local 395, affiliated with the
Congress of Industrial Organizations, is a labor organization admit-
ting to membership employees of the Company.
_
III. THT} QUESTION CONCERNING REPRESENTATION
"On April .22,' 1943, the Union requested the Company to re cognize
it as the exclusive bargaining representative of the employees at the
No. 2 Refinery. The Company refused the request in the absence of a
certification by the Board.
At the hearing the Company moved to dismiss the petition on the
ground that the Board' has not filed a petition for enforcement of its
Order in a prior case involving the Company 1 We find no merit in
the motion, and it is, therefore, denied.
A statement' of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.2
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
In accordance with a stipulation of the parties, we find that all
employees of the'Company at the No. 2 Refinery, Cleveland, Ohio,
1 The Company apparently contends that its contract with Petroleum workers of the
Standard Oil Company ; of Ohio, herein called, the Independent , is a bar to representation
proceedings , until the Board 's Order in Matter of Standard Oil Company, an Ohio cor-
poration, et at, 47 N. L R. B. 517, decided in February 1943, is reviewed by the
courts. In that case the Board found the Independent to be dominated by the Company
and ordered the Company , among other things, to withdraw and withhold from the
Independent all recognition as representative of its employees and completely disestablish
the Independent as such representative . The contract is no bar as we have previously
found . See Matter of Standard Oil Company, an Ohio corporation, 48 N. L R. B. 1290. ,
2 The Field , Examiner reported that the Union submitted 116 designations , all bearing
apparently genuine original signatures , of which 114 bore the names of persons on the
Company's pay roll of April 26, 1943, which listed 209 persons in the appropriate unit.
Of the 116 cards, 105 were undated , and 11 were dated in March, April , and May t qa¢
804 , DECISIONS OF NAfTIOaNAL LABOR RE ,L,APIONS BOARD
excluding all salaried ,empl'Oyees, technical employees ' such , as graduate
chemists and graduate - engineers; 'and supervisory and clerical em-,
ployees, . constitute a -unit appropriate for the purposes of collective
' bargaining;within the meaning of Section 9 (b) of -theA ct.
V.,TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved •by means of anI 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 . t,
DIRECTION OF ELECTION,;,, '•"' I .. r
By virtue 'of `aiid`lpufsuarit to, the 'powe 'r` 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 The Standard Oil,
Corporation , an, Ohio corporation , Cleveland , Ohio, an election by
secret ballot shall be conducted as early as possible, brut not later than
thirty • ( 30) ' days from , the date 'of this Direction , under the direction
and supervision of the Regional Director for, the Eighth 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
v 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 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 ha-,e 'since quit, or been discharged for cause ; to determine
^hetlier ' or not ' they desire to be represented ' by Oil Workers Interne-'
tional , Union ,, Local. 395, affiliated, with the , Congress • of Industrial
Organizations , for the `purposes of collective bargaining.