American Oil Co.

National Labor Relations Board - Board Decisions

Mar 13, 1947

72 N.L.R.B. 1151 (N.L.R.B. 1947)

In the Matter of AMERICAN OIL COMPANY, EMPLOYER alYl INTERNA-
TIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN
AND HELPERS-TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELP-
ERS LOCAL 390, AFL, PETITIONER
Case No. 10-R-22341-Decided March 13, 1947
Mr. Boyd Taylor, of Miami, Fla ., for the Employer.
Mr. Abraha?m Frank, of counsel to the Board.
DECISION
AND
ORDER
Upon petition duly filed, the National Labor Relations Board on
October 28 , 1946, conducted a prehearing election pursuant to Section
203.49 of the Board's Rules and Regulations among the employees in
the alleged appropriate unit, to determine whether or not they desire
to be represented by the Petitioner for the purposes of collective
bargaining.
At the close of the election , a Tally of Ballots was furnished the
parties . The Tally reveals that there were three eligible voters. One
valid ballot was cast for the Petitioner . One ballot was challenged.
Thereafter , an appropriate hearing was held at Miami , Florida, Oil
December 18, 1946 , before William M. Pate, hearing officer. The hear-
ing officer's rulings made at the hearing are free from . prejudicial
error and are hereby affirmed.'
Upon the entire record in the case, the National Labor Relations
Board makes the following :
I On the morning of the hearing the Petitioner by telegram moved to postpone the hear-
ing because of "unforeseen difficulties " Under the circumstances of the instant case,
including adequate notice of hearing to the Petitioner, we are of the opinion that the
hearing officer's refusal to continue the hearing was not such an abuse of his discretion
as to constitute piejudicial error. Moieover, we note that since the (late of the healing
the Petitioner has offered no further objection to the holding of the heai mg in the absence
of its representative
72 N L R B, No 201
1151
0
731242-47-vol 72-74
1152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The American Oil Company, a subsidiary of the Pan American
Petroleum and Transportation Company, is a Maryland corporation
with its principal offices in Baltimore, Maryland. The Employer
operates a bulk plant in Miami, Florida, the only plant concerned in
this proceeding, where it is engaged in the sale and distribution of
petroleum and its byproducts. During the year ending December 1,
1946, the Employer, in the course of its business at the Miami bulk
plant, received approximately 3,000,000 gallons of gasoline, 60,000
gallons of lubrication oil, 60,000 pounds of grease, all of which origi-
nated from sources outside the State of Florida and was sold and dis-
tributed to consumers in and around Miami, Florida.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with American
Federation of Labor, claiming to represent employees of the Employer.
III. THE ALLEGED APPROPRIATE UNIT
At the election the Employer challenged the ballot of A. C. McKeown
on the ground that he was primarily a clerk rather than a truck driver.
The record shows that prior to the election McKeown worked 2 days
a week as a truck driver and 2 days a week as a clerk in the office:
On the fifth day he worked as a yard man and, in that capacity, made
occasional deliveries of oil by truck 2 Inasmuch as less than 50 per-
cent of his time was spent as a truck driver, we are of the opinion that
McKeown did not have sufficient community of interest with the regu-
lar truck drivers to warrant his inclusion in the unit; we shall ex-
clude him.3 Accordingly, the Employer's challenge to McKeown's
ballot is hereby sustained.
By the exclusion of McKeown there was left but one eligible em-
ployee in the unit at the time of the election.' It is the settled policy
of the Board that a single employee cannot constitute an appropriate
unit for the purposes of collective bargaining.,' We shall, accord-
ingly, dismiss the petition without prejudice.
2 Subsequent to the election McKeown has worked exclusively as a clerk.
8 See Matter of Marcellus M. Murdock , 67 N L R B 1426 , and cases cited therein
9 The third employee in the unit on the eligibility date left the Employer 's employ before
the election and consequently did not vote.
5 Matter of Steamer Service Company, 58 N L. R B 632 ; and see Matter of Bethlehem
Steel Company , 63 N L. R. B. 1230; and Matter of Barre Granite Association , Inc., 61
N L R. B. 734.
AMERICAN OIL COMPANY
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
1153
Inasmuch as the bargaining unit sought to be established by the
Petitioner is inappropriate, as stated in Section III, above, we find
that no question has arisen concerning representation of employees
of the Employer, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the Act.
ORDER
Upon the basis of the above findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation
and certification of representatives of employees of the American Oil
Company, Miami, Florida, filed by the International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers-Teamsters,
Chauffeurs, Warehousemen and Helpers Local 390, AFL, be, and it
hereby is, dismissed without prejudice.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Order.