Lookout Oil & Refining Co.

National Labor Relations Board - Board Decisions

Jul 16, 1942

42 N.L.R.B. 560 (N.L.R.B. 1942)

In the Matter of LOOKOUT OIL & REFINING COMPANY, and PACKING-
HOUSE WORKERS ORGANIZING COMMITTEE
Case No R-3985 -Decided July 16, 1942
Jurisdiction : vegetable oil refining industiy
Investigation and Certification of Representatives : existence of question re-
fusal to accoid union recognition , contract about to expire held no bai , election
necessary
Unit Appropriate for Collective Bargaining . production and maintenance em-
ployees including watchmen at the Chattanooga plant of the Company, ex-
clusive of truck diivers, supervisory and clerical employees
Mr. Paul E Blanchard, of Chicago, Ill, for the Company
Mr G R. Hathaway, of Atlanta, Ga, for the P W 0 C
Mr Paul Duncan, of Atlanta, Ga, for the Amalgamated
Mr A Sumner Lawrence, of counsel to the Boaid.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Packinghouse Woikeis
Oigamzuig Committee, affiliated with the C I O, herein called the
P MMT 0 C , alleging that a question affecting commerce had arisen
conceiving the iepiesentation of employees of Lookout Oil & Refin-
ing Company,' Chattanooga, Tennessee, heienn called the Company,
the National Labor Relations Board provided for an appropriate
healing upon due notice before Dan M. Byrd, Jr, Trial Examiner
Said hearing was held at Chattanooga, Tennessee, on June 24, 1942
The Company, the P W. 0 C, and Amalgamated Meat Cutters and
Butcher Mroikmen of North Ameiica, A F of L, herein called the
Amalgamated, a labor oganization claiming to iepiesent employees
directly affected by the investigation, appeai ed, participated, and ww ere
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to Introduce evidence bearing on the issues The Trial
Examinei's rulings made at the hearing ale free from prejudicial
ei roi and are heieby affirmed Subsequent to the hearing the pal tie,,
I Incorrectly described in some of the formal papers as Lookout Oil Refinery , Subsidiai%
of Armour and Co of Chicago, Illinois, and eorieated by stipulation intioduced in avdence
at the hearing
42N L R B, No 113
560
LOOKOUT OIL & REFINING COMPANY 561
entered ii to a stipulation correcting the recoi d The Board hereby
orders that the stipulation be made a part of the record herein and
that the iec.orcl be corrected in accordance with the stipulation
Upon the entire iecoi d in the case, the Board makes the following
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Lookout Oil & Refining Company is a Delaware corporation with its
principal office and place of business in the State of Tennessee The
only plant involved in this proceeding is located at Chattanooga, Ten-
nessee, where the Company is engaged in the refining and treating of
crude cottonseed and other vegetable oils and fats
During the year ending November 1, 1941, the Company caused to
be shipped to its Chattanooga plant approximately 95,000,000 pounds
of various oils, coal, cans, boxes, and other materials and supplies,
65 percent of which originated outside the State of Tennessee During
the same period the Company manufactured and shipped approxi-
mately 60,000,000 pounds of refined vegetable oils, vegetable shortening,
and pure lard, of which 95 percent moved from the Chattanooga plant
to points outside the State of Tennessee
TI THE ORGANIZATIONS INVOLVED
Packinghouse Workers Organizing Committee is a,laboi organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to member ship employees of the Company
Amalgamated Meat Cutters & Butcher Workmen of North America
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company
III THE QUESTION CONCERNING REPRESENTATION
On or about April 21, 1942, the P W 0 C requested recognition
fl om the Company but the Company refused to extend recognition,
contending that the contract which it had with the International Union
of Amalgamated Meat Cutters & Butcher Workmen of North America
(AFL) was a bar to recognition at that time At the hearing, the
Amalgamated urged that the coati act was a bar to the present
proceeding
The contract between the Company and the International Union
of Amalgamated Meat Cutters & Butcher Workmen of North America
is effective for 1 year from September 4, 1941, and from year to year
472814-42-vol 42-36
562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
thereafter subject to termination after notice thereof 30 days prior to
the expiration date Subsequent to the making of this contract, the
employees of the Company, who together with employees of Wilson &
Co , Inc. constituted the membership of Local 323 voted 89 to 1
to withdraw from the Local and go over to the C I 0 After the
vote in question, the Company's employees formed a new local affiliated
with the P W 0 C and sent the charter of Local 323 to Wilson
employees who later also withdrew and-sent the charter back to the
international office of the Amalgamated
We are of the opinion and find that inasmuch as the contract in
question is about to expire, the contract is not a bar to a present deter -
mmnation of representatives 2
A statement of a Field Examiner , introduced in evidence at the
hearing, shows that the P W 0 C represents a substantial number
of employees in the unit hereinafter found to be apps opriate 3
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, -%w ithnn the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor Rela-
tions Act
IV THE APPROPRIATE UNIT
It was stipulated by the parties at the hearing that aside from the
question of including or excluding watchmen, as to which the parties
were in dispute, the appropriate unit should include all production
and maintenance employees, excluding truck drivers and supervisory
and clerical employees The exclusion of the watchmen is urged by
both unions and is opposed by the Company
It appears that the watchmen perform the duties of ordinary watch-
men and are members of the P W 0 C local w-^hich the production
and maintenance workers formed after .withdrawing from Local 323
of the Amalgamated The watchmen formerly belonged to Local 323
and during this period the Amalgamated bargained with the Company
on behalf of the watchmen together with the production and mainte-
nance employees -
We are of the opinion and find, in view of the fact that the watch-
men are present members of the same union as the production and
maintenance employees and have in the past been represented for the
Matter of Waterman -TVateibu;y Company 2nd United Electrical, Radio it Machine
Workers of America, Local 1140, C I 0 , 38 N L It B 330
"The Field Examines reported that the P W 0 C submitted 137 signed author nation
cards dated between April 1, 1942, and May 10, 1942, of w hich cards, 130 appeared to bear
the signatures of persons whose names are on the Company's pa l roll of April 23, 1942, con-
taining approximately 137 employees within the unit hereinafter found to be appropriate
The Field Examiner further reported that Local No 323 had refused to furnish evidence
in support of its claim to represent a majority of employees upon the ground that the
contract reterred to above was a bar to this proceeding
LOOKOUT OIL & REFINING COMPANY 563
purposes of collective bargaining by the Amalgamated which also rep-
resented the pioduction and maintenance employees, that the watch-
men have substantial interest in common with the production and
maintenance employees, and should, therefore, be included in the unit
We find that the production and maintenance employees of the Com-
pany; including watchmen, at its Chattanooga, Tennessee, plant, but
excluding ti uck di ivers, and supervisory and clef ical employees, con-
stitute a unit appiopriate for the purposes of collective bai gaming
within the meaning of Section 9 (b) of the Act
V THE DETERMINATION OF REPRESENTATIVES-
We find that the question conceining repiesentation which has
arisen can best be resolved by an election by secret ballot. Since it ap-
pears that Local 323 may no longer be in existence, we shall not place
that organization upon the ballot However, we shall accoid a place
on the ballot to Amalgamated Meat Cutters & Butcher Workmen of
North Ameiica (A F of L ), the international organization with
which Local 323 was affiliated In accordance with the stipulation of
the parties for use of a current pay roll to determine eligibilty to vote
and our usual practice, we shall dnect that the employees of the Com-
pany- eligible to vote in the election shall be those in the appropriate
unit who were employed during the pay-roll pei iod immediately pre-
ceding the date of the Direction of Election herein, subject to the limi-
tations and additions set forth in the Direction
DIRECTION OF ELECTION
By virtue of and pun suant to the power vested in the National Laboi
Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
- DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the put poses of collective bargaining with
Lookout Oil & Refining Company, Chattanooga; Tennessee, an election
by seciet ballot shall be conducted as early as possible but not latei
than thirty (30) days from the date of this Direction, under the direc-
tion and supervision of the Regional Director for the Tenth Region,
acting in this matter as agent for the National Labor Relations Board
and subject to Article III, Section 9, of said Rules and Regulations,
among the employees in the unit found appiopriate in Section IV
above, who were employed at the Company's Chattanooga, Tennessee,
plant, during the pay-ioll period immediately preceding the date of
this Direction, including any such employees who did not work during
564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
said pay-roll pei iod because they were ill or on vacation or in the active
militaiy service of training of the United States, or temporarily laid
off, but excluding any who have since quit or been dischaiged for cause,
to determine whether they desire to be repiesented by Packinghouse
Workers Oiganizing Committee, affiliated with the C. I 0, or by
Amalgamated Meat Cutters & Butcher Workmen of North America,
affiliated with the A F of L , for the purposes of collective bargaining,
or by neither
Mn GERARD D REILLY took no part in the consideration of the above
Decision and Direction of Election