American Oil Co.

National Labor Relations Board - Board Decisions

Dec 18, 1941

37 N.L.R.B. 752 (N.L.R.B. 1941)

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. L.)
Case Yo. R-3354.-Decided December 18, 1941
Jurisdiction : petroleum products distribution and marketing industry.
Investigation and Certification of Representatives : existence' of question:
refusal of Company to grant union recognition ; election necessary.
Unit Appropriate for Collective Bargaining : all monthly salaried truck drivers
at two of the Company's places of business, excluding persons employed on a
temporary basis, and those paid at an hourly-rate; agreement as to.
Mr. C. H. Thompson and Mr. J. K. Eagan, of Baltimore , Md., for the
Company.
Mr. Harry Cohen, of Baltimore, Md., for the Union.
Mr. George A. Koplow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 16, 1941, and on November 21, 1941, respectively, Truck
Drivers & Helpers, Local 355, International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America (A. F. L.),
herein called the Union, filed with the Regional Director for the
Fifth Region (Baltimore, Maryland), a petition and an amended
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of American Oil Company,
Baltimore, Maryland, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On November 10, 1941, the National Labor Relations
Board, herein called the Board, acting pursuant to Article III, Sec-
tion 3, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
37 "N L. R B , No 119.
752
AMERICAN OIL COMPANY 753
On November 21, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held on December 4,
1941, at Baltimore, Maryland, before Albert P. Wheatley, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany and the Union were represented- by counsel and participated in
the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties. During the course of the hearing the Trial
Examiner made several rulings regarding the admission of exhibits.
The Board has reviewed these rulings 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
American Oil Company, a wholly-owned subsidiary of Pan Amer-
ican Petroleum and Transport Company, ,is, a Maryland corporation
with its principal place of business at Baltimore, Maryland. It is
engaged in distributing and marketing petroleum and petroleum-
byproducts in more than 11 States and the District of Columbia.
The Company maintains a terminal at Curtis Bay, Baltimore, Mary-
land, at which petroleum and petroleum products received by tankers
and barges from outside the State of Maryland are blended, stored,
and ultimately delivered to branches in various States. During 1940
the Company received at the Curtis Bay Plant, processed, and dis-
tributed to its branches approximately 40,000,000 gallons of gasoline
and large quantities of oil. T4e Company also operates a bulk plant
at 26th and Hampden Streets, known as Liberty plant, and a garage
at Clarkson Street, both, in, the city of Baltimore, Maryland.
The Company concedes than it is engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATION INVOLVED
Truck Drivers & Helpers, Local 355, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America, affili-
ated with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
On or about October 14, 1941, the Union requested that the Com-
pany recognize it as the bargaining agent for the employees involved
754 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in this proceeding. The Company denied the request on the ground
that it did not believe that the Union represented a majority of such
employees.
A statement by the Regional Director introduced into evidence
shows that the Union represents a substantial number of employees
in the collective bargaining unit hereinafter found to be appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
J IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON 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
At the 'rearing the parties stipul&ited, and we find, that the unit
appropriate for the purposes of collective bargaining consists of the
monthly salaried truck drivers at the Company's places of business
at 26th and Hampden Streets, known as Liberty plant, and Clarkson
Street, in Baltimore, Maryland, excluding persons employed on a
temporary basis and those who are paid on an hourly rate.2 We
further find that said unit will insure to employees of the company
the full benefit of their right to self-organization and to collective
bargaining, and otherwise will effectuate the policies of the Act.
VI. THE' DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot.
The Company requested that in determining eligibility of em-
ployees to vote in an election, the Board use the pay-roll date
'The Regional Diiector stated that the Union had submitted to him 40 application
blanks for membership in the Union, all dated during the months of September and October
1941 Twenty-two of the 40 application blanks bore apparently genuine original signatures
of persons whose names are on the Company's pay ion of October 15, 1941. The petition
and amended petition allege that theie are approximately 70 employees in the unit heiem-
aftei found to be appropriate
2 The record indicates that all regular or permanent employees are paid on a monthly
salaried basis and that all temporary employees are paid on an hourly rate These tempo-
rary employees aie hired for a few days at a time duiing the winter season, fonthe purpose
of driving fuel-oil trucks They do not receive insurance, ietirement, sick leave, and other
benefits available to regular or,permanent employees
AMERICAN OIL COMPANY 755
immediately preceding its Direction of Election. The Union re-
quested that the Board use a pay-roll date preceding the hearing.
There does not appear to be' any reason for departing from our
usual practice, and we shall therefore direct that all employees in
the appropriate unit whose names appear,on the Company's pay roll
for the period immediately preceding the date of this Direction of
Election, subject to the limitations and additions set forth in the
Direction, shall be eligible to vote.
On the basis of the above findings of fact and on 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 the American Oil Company, Baltimore,
Maryland, within the meaning of Section 9 (c) and Section 2 (6)
and, (7) of the National Labor Relations Act.
2. All monthly salaried truck drivers employed at the Company's
places of business at 26th and Hampden Streets, known as Liberty
plant, and Clarkson Street, in Baltimore, Maryland, excluding per-
sons employed on a temporary basis and those who are paid do an
hourly rate, constitute a unit appropriate for the purposes of col-
lective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives 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 all monthly salaried truck drivers employed at the Company's
places of business at 26th and Hampden Streets, known as Liberty
plant, and Clarkson Street, in Baltimore, Maryland, who were em-
ployed during the pay-roll period immediately preceding the date of
'756 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
this Direction, including employees who did not work during said
pay-roll period because they were ill, on vacation, temporarily laid
.off, or in the active military service or training of the United States,
but excluding persons employed on a temporary basis and those who
are paid on an hourly rate and any employees 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, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America (AFL), for the purpose of collective bargaining.
Mx. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.