Crown Central Petroleum Corp.

National Labor Relations Board - Board Decisions

Jul 3, 1944

57 N.L.R.B. 13 (N.L.R.B. 1944)

In the Matter of CROWN CENTRAL PETROLEUM CORPORATION and OIL
WORKERS INTERNATIONAL UNION, LOCAL 227, C. I. 0.
Case No. 16-R-897.-Decided July 3,19.44
Vinson, Elkins, Weems & Francis, by Messrs. Wartbn Weems and
Leroy Je ff e_ rs, of Houston, Tex., for the Company.
Mandell ctWright, by Mr. Bliss Daff an, of Houston, Tex., Mr. Clyde
Ingram, of Houston, Tex., and Mr. A. R. Kinstley, of Fort Worth,
Tex., for the Oil Workers.
Messrs. Orville Inge and B. F. McClellan, of Houston, Tex., for the
Council.
Mr. Stewart E. Stephens, of Minden, La., for the Firemen.
Mr. Louis Cokin, of counsel to the Board:
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Oil Workers International Union, Local
227; C. I..0., herein called the Oil Workers, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Crown ,Central Petroleum Corporation, Pasadena , Texas,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Robert F.
Proctor, Trial Examiner. Said hearing was held at Houston, Texas,
of June 1, 1944. At the commencement of the hearing, the Trial
Examiner granted. motions of Houston Labor and Trades Council,
A. F. of L., herein called the Council, and International Brotherhood
of Firemen & Oilers, A. F. of L., herein called the Firemen, to inter-
vene. The Company, the Oil Workers, the Council, and the Firemen
appeared at and participated in the hearing, and all parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. During
the course of the hearing, the Council moved that the intervention of
the Firemen be revoked. The Trial Examiner reserved ruling there-
on. The motion is hereby denied. The Trial Examiner 's rulings made
37 N. L. R. B., No. 4. "
13
14 DECISIONS.OF NATIONAL LABOR RELATIONS BOARD
at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Crown Central Petroleum Corporation is a Maryland corporation
with its principal office at Baltimore, Maryland. We are, here con-
cerned with its plant at Pasadena, Texas, where it is engaged in'the
business of buying and selling crude oil and in the refining, sale, and
distribution of natural gasoline, petroleum, and petroleum products.
The Company purchases and processes over 500,000 barrels of crude
oil annually at its Pasadena plant, 10 percent of which is shipped to it
from points outside the State of Texas. During 1943 the,Company
sold products from its Pasadena plant amounting -to over 500,000
barrels,`approximatel'y"90'percent of which was shipped to points out-
side the State of Texas.
The Company admits, for the purpose of this proceeding, that it is
engaged in commerce within the meaning of the National Labor
Relations Act. ,
II. TIIE ORGANIZATIONS INVOLVED
Oil Workers International Union, Local 227, is a labor organization
affiliated, with the Congress of Industrial Organizations, admitting to
membership employees of the Company. l
Houston Labor and Trades Council and International, Brotherhood
`of Firemen & Oilers are labor organizations affiliated with the Ameri-'
can Federation of Labor, admitting to membership employees of the
Company. , .
III. THE QUESTION CONCERNING REPRESENTATION -
On or about April 5, 1944, the Oil Workers requested the Company
to recognize it as the exclusive collective bargaining, representative of
the employees at the Pasadena plant. The Company did not reply
to this request.
A statement of a Field Examiner of the Board, introduced'into evi-
dence at the hearing, indicates that the Oil Workers represents a sub-
stantial number of employees, in the unit hereinafter found to be
appropriate.'
It should be noted that a jurisdictional dispute exists between the
Council and the Firemen. However, there is a third labor organization
'The Field Examiner reported that the Oil workers presented 117 authorization cards.
There are approximately 265 employees in the appropriate unit He further reported that
the Firemen and the Council submitted 49 and 39 authorization cards, respectively.
CROWN CENTRAL PETROLEUM CORPORATION 15
involved in this proceeding,.not affiliated with the parent body of the
Firemen, and the Council. Accordingly, we find that such dispute is
-not a bar to a determination of representatives at this time.2
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
We find, in substantial agreement with the parties, that all produc-
tion and maintenance employees at the Pasadena, Texas, plant of the
Company, excluding office, clerical, and technical employees, guards,
watchman, and all supervisory employees with authority to hire,-pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the Acts ,
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 Election
herein, subject to the limitations and additions set forth in the Direc-
tion.
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Crown Central
Petroleum Corporation, Pasadena, Texas, 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 super-
vision of the Regional Director for the Sixteenth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
2 See Matter of Montgomery Ward & Co , Incorporated, 50 N. L R B. 163.
2 The Company employs stillmen , gang pushers , and leaders The record indicates that
none of the employees in these classifications falls within the definition of supervisory em-
ployees set forth above, and all parties agreed that they should be included in the unit
Accoidmgly , we find that 'they are not supervisory employees Cf Matter of Shell Pe-
troleum Corporation, 56 N. L. R B 318.
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 represented by Oil Workers
International Union, Local 227, affiliated with the-Congress of In-
dustrial Organizations, or by Houston Labor and Trades Council,
affiliated with the American Federation of Labor, or by International
Brotherhood of Firemen & Oilers, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining, or by none of
said organizations.