Baker Castor Oil Co.

National Labor Relations Board - Board Decisions

Jun 17, 1948

77 N.L.R.B. 1204 (N.L.R.B. 1948)

In the Matter of BAKER CASTOR OIL COMPANY, EMPLOYER and OIL
WORKERS INTERNATIONAL UNION, C. I. 0., PETITIONER
Case No. 01-RC-53.-Decided June 17, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent em-
ployees of the Employer.
3. A question of representation exists concerning the representation
of employees of the Employer, within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act'
4. The following employees of the Employer constitute a unit
appropriate for purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All hourly and daily employees of the Employer at its Los Angeles,
California, operations, including the laboratory assistant,' but ex-
cluding watchmen,3 clerical employees, and supervisors.
* Chairman Herzog and Members Reynolds and Murdock.
1 We find , contiary to the contentions of the parties to the contract , that the collective
bargaining contract between the Employer and the Operating Engineers and the Teamsters,
which was automatically renewed after notice of the Petitioner 's claim of representation,
does not constitute a bar to a present determination of representatives.
' We find that the laboratory assistant is not a professional employee . See Alpine Trad-
sngCo,77N L R B 766
9 See C V Hill if Co., Inc, 76 N L R B. 158
77 N. L. R. B., No. 193.
1204
BAKER CASTOR OIL COMPANY 1205
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, among the em-
ployees in the unit found appropriate in paragraph numbered 4,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction of Election, including employees
who did not work during said pay-roll period because they were ill or
on vacation or temporarily laid off, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, and also
excluding employees on strike who are not entitled to reinstatement, to
determine whether they desire to be represented, for purposes of collec-
tive bargaining, by Oil Workers International Union, CIO, or by
International Union of Operating Engineers, Local 63, AFL, jointly
with General Warehousemen's Union, Local 598, International Broth-
erhood of Teamsters, Chauffeurs, Warehousemen and Helpers of
America, AFL, or by neither.
788886-49-vol 77-77