General Petroleum Corp. of California

National Labor Relations Board - Board Decisions

Apr 11, 1942

40 N.L.R.B. 452 (N.L.R.B. 1942)

In' the Matter of GENERAL PETROLEUM CORPORATION OF CALIFORNIA and
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN & HELPERS OF AMERICA, LOCAL 208, AFL
Case No. R-4517
AMENDMENT TO DECISION AND DIRECTION OF
ELECTION
April 11, 1942
On March 26, 1942, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in this
proceeding.'
On April 6, 1942, Employees Union of the General Petroleum Cor-
poration of California, the intervenor in this proceeding, filed a peti-
tion for clarification of the Decision and Direction of Election noted
above. The Board, having duly considered the matter, granted the
petition.
The Board hereby amends its Decision by inserting after the word
"neither" in line 22, page 4,2 the following sentence: "We shall exclude
from voting employees in the transportation department who devote _
part of their time to the operation of dirt-moving equipment and part
of their time to the driving of trucks."
The Board hereby amends its Direction of Election by striking out
the words "drivers of dirt-moving equipment" in line 28, page 5, of
its Direction of Election,- and substituting therefor the following :
"employees in the transportation department who spend part of their
time in operating dirt-moving equipment and part of their time in
driving trucks."
139 N. L. R. B., 1180.
2 Reference is herein made to the mimeographed copy of the Board 's Decision and Direc-
tion of Election in this proceeding.
40 N. L. R. B., No. 75.
452
In the Matter of GENERAL PETROLEUM CORPORATION OF CALIFORNIA
and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS,
,WAREHOUSEMEN & HELPERS OF AMERICA, LOCAL 208, AFL
Case No. R4517
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
May 11, 1942
On March 26, 1942, the National Labor Relations Board issued its
Decision and Direction of Election in this proceeding." On April 11,
1942, the Board issued its Amendment to Decision and Direction of
Election.2 Pursuant to the Direction of Election, as amended, an
election by secret ballot was conducted on April 23, 1942, under the
direction and supervision of the Regional Director for the Twenty-
first Region (Los Angeles, California). On April 27, 1942, the
Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, issued and duly served on the parties an Election Re-
port. No objections to the conduct of the ballot or to the Election
Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list------------------------------------ 37
Total ballots cast------------------------------------------- 36
Total ballots challenged------------------------------------- 0
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------ 0
Total valid votes counted----------------------------------- 36
Votes cast for International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen & Helpers of America, Local 208,
A F. L-------------------------------------------------- 25
Votes cast for Employees Union of the General Petroleum Cor-
poration of California------------------------------------ 11
Votes cast for Neither-------------------------------------- 0
- In our Decision, as amended, noted above, we stated that upon the
results of the election would depend our finding with respect to the
1 39 N. L. R. B., 1180.
40 N. L. R . B., 452.
40 N L. R. B., No. 75a.
453
454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appropriate unit-that if a majority of truck drivers and their
helpers in the transportation department of General Petroleum
Corporation -of . California, Los Angeles, . California, at its - Vernon
Rnd Taft -plants, excluding employees in the transportation depart-
ment who spend part of their time in operating dirt-moving equip-
ment and part of their time in driving trucks, cast their votes for
International Brotherhood, of Teamsters, Chauffeurs, Warehousemen
& Helpers of America, Local 208, AFL, we should find that all such
employees constituted a separate bargaining unit and would certify
that organization as their exclusive bargaining representative."
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDING OF FACT
We find that all truck drivers and their helpers in the transportation
department of General Petroleum Corporation of California, Los
Angeles, California,- at its Vernon and Taft plants, excluding em-
ployees of the transportation department who spend part of their
time in operating dirt-moving equipment and part of their time in
driving trucks, constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended,
IT is° HEREBY -CERTIFIED -that- International Brotherhood of Team-
sters, Chauffeurs, Warehousemen- &- Helpers of America, Local 208,
AFL,; has been-designated and selected by a majority of all'truck
drivers and their helpers in the transportation department of Gen-
eral Petroleum Corporation of California, Los Angeles, California, at
its Vernon and Taft plants, excluding employees in the transporta-
tion department who spend part of their time in operating dirt-
moving equipment and part of their time in driving trucks, as their
representative for the' purposes of collective bargaining and that,
pursuant to the provisions of Section 9 (a) of the Act, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of
America, Local 208, AFL, is the exclusive representative of all such
employees for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
employment. -