American Oil Co.

National Labor Relations Board - Board Decisions

Sep 28, 1942

44 N.L.R.B. 554 (N.L.R.B. 1942)

I
In the Matter of AMERICAN OIL COMPANY and TRUCK DRIVERS &
HELPERS LOCAL #355, INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA (A. F. OF L.)
Case No. R-4085.-Decided September 28, 194.
Jurisdiction : oil distributing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; election necessary.
Unit ' Appropriate for Collective • Bargaining : all warehousemen , utility men,
yardmen, and loaders, employed at two of Company's plants, excluding dis-
patchers , all other supervisory employees , foremen, watchmen , and all clerical
employees ; stipulation as to.
Mr. Keith W. Blinn, for the Board.
M!r. James K. Eagan, Jr., of Baltimore, Md., for the Company.
Mr. Jacob J. Edelman, of Baltimore, Md., for the Union.
Mr. Louis Colcin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Truck Drivers
& Helpers Local #355, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of American Oil Com-
pany, Baltimore, Maryland, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Earle K. Shawe, Trial Examiner. Said hearing was
held at Baltimore, Maryland, on September 17, 1942. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses,, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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 :
'44 N. L. R. B., No. 101.
554
AMERICAN OIL COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
555, .
American Oil Company, a wholly owned subsidiary of Pan Ameri-
can Petroleum and Transit 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 more than 20 million
gallons of gasoline from points outside Maryland. Such gasoline is
blended and stored in Maryland and is ultimately delivered to points
in 11 States and the District of Columbia. We are here concerned
with the Company's Liberty and Clarkson Street plants. The Com-
pany admits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Truck Drivers & Helpers Local #355, International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and Helpers of America, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.,
III. THE QUESTION CONCERNING REPRESENTATION
.On August 15, 1942, the Union requested the Company to recog-
nize ' it as the exclusive representative of certain of the Company's em-
ployees. The Company denied the request, stating that it doubted
the Union's claim to a majority.
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the Union represents a substantial
number of the employees in the unit hereinafter found to be appro-
priate 1
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
Liberty and Clarkson Street plants of the Company, excluding dis-
patchers, all other supervisory employees, foremen, watchmen, and all
clerical employees, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning,of Section 9 (b) of the Act.
'The Regional Director reported that the Union presented 6 membership cards bearing
apparently genuine signatures of persons whose names appear on the Company's pay roll
of August 15, 1942. There are 10 employees in the unit hereinafter found to be appropriate.
556 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. The Union urges
that a pay roll as of the date of its amended petition, August 24, 1942,
be used to determine eligibility to vote. The Company asks that a
current pay roll 'be used for that purpose. In accordance with our
usual custom we shall direct that the employees eligible, to vote in
the election shall be those 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.
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 8, 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 Article III,
Section 9, of said Rules and Regulations, among the employees in the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including any such employees who did not work during said pay-
roll period because they were ill or on vacation or in the active military
service or training of the United States, or temporarily laid off, 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 .#355, International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining.
MR. WM. M. LEISERSOrr took no part in the consideration of the
above Decision and Direction of Election.
O
In the Matter of AMERICAN OIL COMPANY and TRUCK DRIVERS & HELP-
ERS LOCAL .#355, INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA (A. F.
OF L.)
Case No. R-485
SUPPLEMENTAL DECISION
AND
ORDER
October 17, 194
On September 28, 1942, National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding
Pursuant to the Direction of Election, an election by secret ballot was
conducted on October 7, 1942, under the direction and supervision of
the Acting Regional Director for the Fifth Region (Baltimore, Mary-
land). On October 8, 1942, the Acting Regional Director, acting pur-
suant to Article III, Section-9, of the National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties an Election Report. No objections to the conduct
of the ballot. or to the Election Report have been filed by any of the
parties.
As to the balloting and its results, the Acting Regional Director
reported as follows :
Total on eligibility list--------------------------------------- 10
Total ballots cast------------------------------------------- 10,
Total ballots challenged-------------------------------------- 0
Total blank ballots------------------------------------------- 0
Total void ballots------------------------------------------- 0
Total valid votes counted------------------------------------ 10
Votes cast for Truck Drivers & Helpers Local #355, Inter- -
national Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America (A. F. of L.) ------------------- 4
Votes cast against Truck Drivers & Helpers Local #355, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America (A. F of L.) ------------------ 6.
144 N L R. B 554
44 N. L. R. B., No.- 101a.
557•
558 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees of the Com-
pany heretofore found to be appropriate for collective bargaining.
We shall therefore dismiss the petition for investigation and certifica-
tion of representatives of employees of the Company.
ORDER
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, Sections 8 and 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY ORDERED that the petition for investigation and certifica-
tion of representatives of employees of American Oil'Company, Balti-
more, Maryland, filed by Truck Drivers-& Helpers Local #355, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America (A. F. Of L.), be, and it hereby is, dismissed.