Home Oil & Refining Co.

National Labor Relations Board - Board Decisions

Dec 20, 1943

53 N.L.R.B. 1424 (N.L.R.B. 1943)

1
In the Matter Of HOME OIL & REFINING CO. and OIL WORKERS INTER-
NATIONAL UNION, CIO
Case No. 19-B-1202.-Decided December 20, 1943
Mr. John D. Stephenson, of Great Falls, Mont., for the Company.
Mr. B. J. Rickey, of Casper, Wyo., for the Union.
Miss Olive N. Barton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Oil' Workers International Union, affil-
iated with the Congress of Industrial Organizations, herein called
the Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees `of Home Oil & Refining Co.,
Great Falls, Montana, herein called the Company, the, National Labor
Relations Board provided for an appropriate hearing upon due notice
before Joseph D. Holmes, Trial Examiner. 'Said hearing was held
at Great Falls, Montana, on November 18, 1943. The Company and
the Union appeared, participated, and 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 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
Home Oil & Refining Co., a Montana corporation, is engaged at its
only refinery just outside Great Falls, Montana, in petroleum refining
and marketing. About $1,000,000 worth of raw materials, mostly
crude oil, is used by the Company annually. All of the crude oil is
obtained from within the State. During the same period about
$2,000,000 worth of finished products, consisting of gasoline, distillates,
53 N. L. R. B., No. 260.
1424
HOME OIL & REFINING COMPANY 1425
burner fuels, Diesel fuels, asphalts, and base stock for 100-octane
gasoline is manufactured and sold. About 25 percent of the gasoline
and, 5 percent of the distillates and Diesel fuel is shipped from the
plant to points outside the State of Montana. The Company also
operates a number of service stations separately from the refinery,
which are not involved in this proceeding.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Oil Workers International Union is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about September 14, 1943, the Union requested the Company
to; enter into collective bargaining relations with it on behalf of cer-
tain employees. The Company in a letter dated October 15, 1943,
refused this request on the ground that several of its employees were
in the armed service.
,A statement of the Field Examiner, introduced in evidence at the
hearing, indicates that the Union represents a substantial number of
employees within the unit herein found appropriate.'
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 Union alleges in its amended petition, that the appropriate
unit consists of all the refinery employees of the Company, excluding
supervisory and clerical employees and all employees covered by an
agreement between the Company and International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America, A.
F. of L., herein called the Teamsters 2 The Company refuses to
state its position, as to the unit, preferring to leave the matter to
the Board's determination. The evidence shows that there are several
I The Field Examiner stated that the Union submitted 33 authorization cards, of which
32 bear apparently genuine original signatures , corresponding with names on the Company's
pay roll of September 16 to 30, 1943 , which pay roll contains the names of 41-persons within
the alleged appropriate unit. The cards are all dated September 1943.
2 An agreement dated December 4, 1942, between the Company and the Teamsters, pre-
sented in evidence , covers truck loaders, warehousemen , and truck drivers employed outside
the refinery but does not cover the one truck driver working within the refinery.
1426 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
unarmed watchmen under the supervision of the production depart-
ment, who are not sworn in as military police. We will include them
in the unit.3 The laboratory superintendent, or chemist, and the
assistant chemist, we shall exclude because of the supervisory author-
ity of the chief chemist over the laboratory workers and because both
are highly skilled technical workers with college degrees or the equiv-
alent in experience.
Accordingly, we find that all refinery employees of the Company,
including watchmen, and excluding supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, clerical employees, the superintendent of the laboratory, the
assistant chemist, and all employees covered by the Company's agree-
ment with the Teamsters, constitute a unit appropriate for the pur-
poses of collective bargaining 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 Election
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, is is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Home Oil &
Refining Co., Great Falls, Montana, 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 supervision of
the Regional Director for the Nineteenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject 'to
Article III, Sections 10 and 11, of said Rules and Regulations, 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
S See Matter of Pittsburgh Limestone Corporation , 53 N. L. R. B. 810; Matter of Duval
Temas Sulphur Company, 53 N. L . R. B. 1387.
HOME OIL & REFINING COMPANY 1427
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,
and 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, to determine whether or not they desire to be represented
by Oil Workers International Union affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.