Benson Fuel Corp.

National Labor Relations Board - Board Decisions

Apr 5, 1948

76 N.L.R.B. 1135 (N.L.R.B. 1948)

In the Matter of BENSON FUEL CORPORATION, EMPLOYER and TRUCK
DRIVERS AND HELPERS LOCAL UNION No. 355, INTERNATIONAL
BROTHERHOOD OF TEAMS'- ERS, CHAUFFEURS, WAREHOUSEMEN AND
HELPERS, A. F. OF L., PETITIONER
Case No. 5--RC-16.-Decided April 5, 1948
Messrs. James J. Doherty and George W. Benson, of Baltimore, Md.,
for the Employer.
Messrs. Jacob J. Edelman, Harry Cohen, and Edwin J. Mosiniller,
of Baltimore, Md.. for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Balti-
more, Maryland, on J' anuary 26, 1948, before George L. Weasler,
hearing officer. The hearing 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 1 makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TilE EMPLOYER
Benson Fuel Corporation, a Maryland corporation with its plant
located in Baltimore, Maryland, is engaged in the sale and distribu-
tion of fuel oil,' bituminous and anthracite coal, and in the installa-
tion aild maintenance of oil burners. During the year ending Septeni-
her 30, 1947, the Employer purchased over 3,000,000 gallons of fuel
oil, and over 21,500 tons of anthracite and bituminous coal, and an
undisclosed number of oil burners. The coal and most of the oil
burners were shipped to the Employer from points outside the State,
' Pursuant to the provisions of Section a (b) of the National Labol Relations Act, the
11oand has delegated its powers in connection with this case to a three -uian panel consisting
of the unllersigned Boaid Members [Houston, Murdock, and Gray].
76 N. L. R. B., No. 162.
1135
1136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
while the oil was drawn from storage facilities of the Shell Oil
Company, the American Oil Company and the Petrol Corporation
within the State of Maryland. During the same period, all the Em-
ployer's sales and deliveries were made within the State. Of these
sales, more than $18,000 worth of oil and more than $109,000 worth of
bituminous coal were sold and delivered to industrial concerns, some
of whom are apparently engaged in interstate commerce.2
We find that the Employer is engaged in commerce within the mean-
ing of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation.of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING RF.PRESE\TATIO\
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce 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.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties, that all
delivery, service, and installation employees of the Employer, exclud-
ing office clerical employees and supervisors, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
V. DETERMINATION OF REPRESENTATIVES
At the hearing the Petitioner requested that the Board use the
Employer's pay roll for the period ending December 26, 1947, to deter-
mine eligibility to vote because that period corresponds rather closely
with the date of the detailed breakdown of job classifications and per-
sonnel furnished the Board by the Employer. The Employer urged
the use of the pay-roll period immediately preceding the direction of
2 we take judicial notice of the fact that we have heretofore asserted jurisdiction over
three of the enterprises served by the Employer. See Matter of Baltimore Brack Company,
25 N L R. B 759; 20 N L. R B. 933; Matter of Bendix Radio Divrs,o a of Bendi a Aviation
Corp , 58 N. L R B 1470; 61 N. L R B. 142; and Matter of The Black and Decker-Man ia-
factm in9 Co , 67 N. L R B. 1337
BENSON FUEL CORPORATION 1137
election, which is our usual practice. The reason advanced by the
Petitioner is insufficient to warrant departure from our usual practice
and we shall therefore deny its request.
We shall direct that the question concerning representation which
exists be resolved by an election by secret ballot, subject to the linnita-
tions and additions set forth in the Direction.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Benson Fuel Corporation, Balti-
more, 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, snider the direction and supervision of the Regional
Director for the Fifth Region, and subject to Sections 203.61 and
203.62, of National Labor Relations Board Rules and Regulations-
Series 5, among the employees in the unit found appropriate in Section
IV, above, who were 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 excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented by Truck Drivers and Helpers
Local Union No. 355, International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers, A. F. of L., for the purposes of
collective bargaining.