Cities Service Oil Co.

National Labor Relations Board - Board Decisions

Feb 28, 1945

60 N.L.R.B. 988 (N.L.R.B. 1945)

In the Matter of CITIES SERVICE OIL COMPANY, PETTYS ISLAND REFIN-
ERY DIVISION and OIL WORKERS'INTERNATIONAL UNION, CIO
Case No. 4-R-1594.Decided February 08, 1945
0
Mr. George H. Colin, of New York City, and Mr. E. M. Keely, of
Philadelphia, Pa., for the Company.
Messrs. H. P. Medler and Forrest Sparks, of Philadelphia, Pa., for
the C. I. O.
Messrs. Gene R. Mariano, Charles Cannon, James May and Norman
Rsubright, of Camden, N. J., and Mr. Edward Pa2oson, of Gloucester,
N. J., for the Independent.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TILE CASE
Upon a petition duly filed by Oil Workers International Union,
CIO, herein called the C. I. 0., alleging that a question affecting com-
merce had arisen concerning the representation of employees of Cities
Service Oil Company, Pettys Island Refinery Division, Pettys Island,
New Jersey, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Eugene M. Purver, Trial Examiner. Said hearing was held at Phila-
delphia, Pennsylvania, on January 26 and 30, 1945. The Company,
the C. I. 0., and Pettys Island Independent Oil Workers Union,
herein called the Independent, appeared and participated. All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
` an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Cities Service Oil Company is a Pennsylvania corporation engaged
in the business of refining and distributing petroleum products.
60 N. L. It. B., No. 168.
988
CITIES SERVICE OIL COMPANY 989
Among its several refineries is. one situated on Pettys Island, New
Jersey, with which this proceeding is concerned. During the year
ending October 31, 1944, the Pettys Island refinery used raw materials
consisting of cracking stock, Hoffman crude .oil and lube and grease
base stocks valued at more than $1,000,000, of which 95 percent was
shipped to the plant from points outside the State of New Jersey.
During the same period, this plant produced finished products con-
sisting of gasoline, kerosene, fuel oil, and other products valued at
more than $3,000,000, of which 95 percent was shipped to points outside
the State of New Jersey.
The Company admits, for the purpose of this proceeding, that it is
engaged in commerce within the meaning of the National Labor Rela-
tions Act.
II. THE ORGANIZATIONS INVOLVED
Oil Workers International Union, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company. .
Pett,ys Island Independent Oil Workers Union, unaffiliated, is a
labor organization admitting to membership employees of the Com-
pany.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused the C. I. O.'s request that it be recognized
as the bargaining representative of the Company's production and
maintenance employees on the ground that a presently existing con-
tract with the Independent precludes such recognition. Following
certification by the Board after an election ,l the Company and the
Independent on July 11, 1942, entered into a collective bargaining con-
tract which provided as follows : "This agreement shall continue from
July 11th 1942 to July 11th 1943 and if not terminated at the end of
that period by forty-five (45) days prior written notice, one party to
the other, shall continue thereafter until terminated by either party-
on forty-five (45) days written notice or amended in writing by
mutual consent." The Independent contends that the contract is a bar
to this proceeding since it has not been amended and no notice of
termination has been served by either party to the contract. However,
the contract is one now terminable at will by either party on 45 days
notice and hence is not a bar to this proceeding.2
' Matte of Cities Service Oil Company , Pettys Island Refinery Dtvasion, 40 N L R B-
502 and 3 8 N L R B 1055
2 Matter of La Plant -Choate Manufacturing Co., Inc ., 29 N. L. R B. 40.
990 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. -I. 0. represents a substantial number of
-employees in the unit hereinafter found appropriate .3
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
The parties have agreed generally that a unit of all production and
maintenance employees at the Company's Pettys Island Refinery
Division, including barge captain and laboratory pusher, but ex-
cluding office manager, superintendent, assistant to superintendent,
process foreman, plant engineer, foreman in charge of treating plant,
foreman of refinery pumpers, foreman of refinery yard labor, foreman
of machine shop, paymaster, draftsman, foreman of power plant, fore-
man of bulk loading-tank unloading, warehouse foreman, tank car
repair foreman, personnel manager, foreman of barge and domestic
material, chemist in charge of laboratory, chemist foreman in charge
of compounding, foreman grease department, night superintendent,
and other supervisory employees, is appropriate. The sole disagree-
ment exists with respect to the inclusion or exclusion of office and
clerical employees,: the C. I. 0. urges that they be excluded, the in-
dependent that they be included, while the Company takes no definite
position but prefers that the clerks be excluded as they are from pro-
duction and maintenance units in its other plants.
The Company employs about 15 clerical employees, among whom
are stenographers and clerks who do billing work and prepare the
-plant's pay rolls. The permanent office of the clerks with the excep-
tion of the shipping clerk and storeroom clerk is on the second floor
of the warehouse and is separated from the production and main-
tenance departments 4 The storeroom and shipping clerks work on
the first floor of the warehouse. It is the general policy of the Board
to exclude office clerical employees from production and maintenance
units because of the diversity of background, work, and interests of
the 2 groups of employees .5 But clerical employees who work outside
the main office in close association with the production and main-
8 The Field Examiner reported that the C. I. O. submitted 103 membership applications ;
that the names on 98 of the applications also appeared on the Company 's pay roll of
December 4, 1944, which contained the names of 189 employees in the appropriate unit ;
and that all the applications , except 15 which were undated, were dated between August
1944 and November 1944. The Independent relies on its contract to establish its interest.
4 Since 1943 , because of the shortage of manpower , some of the men clerks have been,
working part time principally on Meek-ends at laboring jobs in and about the plant.
However, this laboring work is not part of their regular duties as clerks , but is in addition
thereto.
' Matter of Westinghouse Electric & Manufacturing Company, 53 N. L. R. B. 1073;
Matter of Boston Edison Company, 51 N. L. R. B. 118.
CITIES SERVICE OIL COMPANY 991
tenance employees are included in bargaining units with the latter
because they have a greater community of interest with such employees
than with the office clerical group. In accord with our policy, we shall
include the storeroom clerk and the shipping clerk in the unit but
shall exclude the office clerical employees.6
We find that all production and maintenance employees at the Com-
pany's Pettys Island Refinery Division, including barge captain, lab-
oratory pusher, storeroom clerk, and shipping clerk, but excluding
office clerical employees, paymaster, draftsman, office manager, per-
sonnel manager, superintendent, assistant to superintendent, night
superintendent, process foreman, plant engineer, foreman in charge
of treating plant, foreman of refinery pumpers, foreman of refinery
yard labor, foreman of machine shop, foreman of power plant, fore-
man of bulk load-tank unloading, warehouse foreman, tank car repair
foreman, foreman of barge and domestic material, chemist in charge
of laboratory, chemist foreman in charge of compounding, foreman
of grease department, and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate, unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Cities Service
Oil Company, Pettys Island Refinery Division, Pettys Island, New
Jersey, an election by secret ballot shall be conducted as early as possi-
ble, but not later than thirty (30) days from the date of this Direction,
under the direction and supervision of the Regional Director for the
Fourth Region, acting in this matter as agent for the National Labor
6 Matter of Kearney & Trecker Corporation, 60 N. L R. B. 148; Matter of Goodman
Manufacturing Company, 58 N. L. R. B. 531.
992 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Relations Board, and subject to Article III Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found appro-
priate 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 including employees
in the armed forces of the United States who present themselves in
person at the polls, but excluding any who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether they desire to be repre-
sented by Oil Workers International Union, CIO, or -by Pettys Island
Independent Oil Workers Union, for the purposes of collective bar-
gaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.