Louisville Refining Co.

National Labor Relations Board - Board Decisions

Apr 4, 1945

61 N.L.R.B. 311 (N.L.R.B. 1945)

In the Matter of LouISVILLE REFINING COMPANY and DISTILLERY,
RECTIFYING AND WINE WORKERS INTERNATIONAL UNION OF AMERICA,
A. F. OF L.
Case No. 9-R-1697.-Decided April 4,1945
Mr. William A. Waples, of Louisville, Ky., for the Company.
Mr. Charles R. Owen, of Louisville, Ky., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Distillery, Rectifying and Wine
Workers International Union of America, A. F. of L., herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Louisville Refining
Company, Louisville, Kentucky, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Robert Silagi, Trial Examiner. Said hearing
was held at Louisville, Kentucky, on February 27, 1945. The Com-
pany 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.2 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
Louisville Refining Company is a Delaware corporation operating
a plant at Louisville, Kentucky, where it is engaged in refining crude
1 Although Oil Workers International Union, C. I. 0, was apprised of the present pro-
ceeding, it notified the Regional Director that it had no interest therein.
2 At the commencement of the hearing the Company moved for a continuance until April
9, 1945. The Trial Examiner denied the motion. An examination of the record discloses
that the.Trial Examiner's ruling was proper and it is hereby affirmed
61 N. L R. B., No. 38.
311
•312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
oil. During 1944 the Company purchased or ran more than 1,000,000
barrels of crude oil, a substantial amount of which originated in the
State of Kentucky. Over 50 percent of the Company's refined prod-
ucts is shipped to points outside the State of Kentucky.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Distillery, Rectifying and Wine Workers International Union of
America is a, labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONOERNINO REPRESENTATION
During December 1944 the Union requested the Company to recog-
nize it as exclusive collective bargaining representative of the Com-
pany's employees. The Company refused this request until such time
as the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
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
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees of the Company, in-
cluding laboratory assistants, guards, and watchmen,4 but excluding
clerical employees, skimming plant and river foreman, maintenance
foreman, cracking plant foreman, and any other supervisory em-
ployees 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 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 means of an election by secret ballot among
3 The Field Examiner reported that the Union submitted 29 authorization cards. There
are approximately 43 employees in the appropriate unit.
4 The record indicates that the watchmen and guards are neither armed, deputized, nor
militarized.
LOUISVILLE REFINING COMPANY 313
the employees 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 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 Louisville Refining
Company, Louisville, Kentucky , an election by secret ballot shall be
conducted as early as possible , but not later than sixty ( 60) days from
the date of this Direction , under the direction and supervision of the
Regional Director for the Ninth 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 em-
ployees 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 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 deter-
mine whether or not they desire to be represented by Distillery , Recti-
fying and Wine Workers International Union of America , A. F. of
L., for the purposes of collective bargaining.