Miller Oil Co.

National Labor Relations Board - Board Decisions

Mar 19, 1942

39 N.L.R.B. 939 (N.L.R.B. 1942)

In the Matter of Ross E. MILLER , D/B/A MILLER OIL COMPANY and
INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE-
HOUSEMEN & HELPERS OF NORTH AMERICA, LOCAL No. 20 (A. F. L.)
i Case No. C-2129.=Decided March 19, 1942
Jurisdiction ,: oil products selling industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Richard C. Swander, for the Board. -
Mr. Allen B. Loop, of Toledo, Ohio, for the respondent.
Mr. Harry TF. Card, of Toledo, Ohio, for the Teamsters.
Mr. George H. Gen tithes, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers
of North America, Local No. 20 (A. F. L.), herein called the Team-
sters, the National Labor ' Relations Board, herein called the Board,
by the Regional Director for the Eighth Region (Cleveland, Ohio)
issued its complaint, dated January 27, 1942, against Ross E. Miller,
doing business at Maumee, Ohio, as Miller Oil Company, herein
called the respondent, alleging that the respondent had engaged in
and was engaging in unfair labor practices affecting commerce,
within the meaning of Section 8 (1) and (3) and Section 2 (6)
and (7) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. Copies of the complaint and accompanying notice
of hearing were duly served upon the respondent and the Team-
sters. Concerning the unfair labor practices the complaint alleged
in substance : (1) that beginning in the spring of 1941 and at all
times thereafter the. respondent, himself and through his officers,
agents, and supervisors has interfered with, restrained, and `coerced
his employees in the exercise of their rights to self-organization by
39 N. L. R. B., No. 184.
N 939
940 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
inquiring of his employees as to their union membership , by indi-
cating to his employees antagonism to union membership as a
result of which several of them obtained withdrawal cards from
the Teamsters , and by advising his employees that membership in
and activity on behalf of the Teamsters would result in the sale of
some of his trucks and the elimination of their jobs ; ( 2) the re-
spondent discharged Verdon L. Spitler and 'Lawrence F. Haup-
richt, two of his employees , on or about September 18, 1941, and
at all times since said date . failed and refused to reinstate them
because each was a member of and active on behalf of the Teamsters;,
and (3 ) that by the foregoing and other acts the respondent inter-
fered with , restrained , and coerced its employees in'the exercise of
the rights guaranteed in Section 7 of said Act. Pursuant to notice
a hearing was held on February 24 and 25, 1942, at Toledo, Ohio,
before William B. Barton , the Trial Examiner duly designated by
the Chief Trial Examiner . The Board , the respondent , and the
Teamsters were represented by counsel and participated in the hear-
ing. During the course of the hearing the respondent , the Team-
sters, and counsel for the Board entered into a stipulation , subject to
approval by the Board, for settlement of the case . The stipulation
was admitted in evidence , and the hearing was closed. The stipu-
lation provides as follows :
It is hereby stipulated and agreed by and among Ross E.
Miller, d. b. a. Miller Oil Company ( hereinafter called the Re-
spondent ), and International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen & Helpers of North America, Local No.
20 (A. F. L.) (hereinafter called the Union), and Richard C.
Swander , Associate Attorney, Eighth Region, National Labor
Relations Board, That :
I
Upon an amended charge duly filed by the Union, the Na-
tional Labor Relations Board (hereinafter called the Board)
by the Regional Director for the 8th Region, acting pursuant
to authority, granted in'Section 10 (b) of the National Labor
Relations Act, 49 Stat. 449 (hereinafter called the Act), and
pursuant to Article II, Section 5 and Article IV, Section 1- of
the National Labor Relations Board Rules and Regulations,
Series 2, as amended, duly issued a Complaint and Notice of
Hearing thereon February 9, 1942, against the Respondent,- and
thereafter postponed-same several times; to finally b& heard on
February 25,_ 1942. '
ROSS E. MILLER
II
941
Respondent, an individual, is and has been doing business as
Miller Oil Company from a principal office located at Maumee,
Ohio, with a principal bulk station located at Toledo, Ohio, in
the County of Lucas, State of Ohio, in the distribution, pur-
chase, sale and resale of gasoline, kerosene, fuel and lubricating
oils. Respodent purchases products from refineries in Ohio
and Michigan, and about twenty per cent (20%) from sources
other, than Ohio. Average sales of petroleum amount to ap-
proximately two hundred fifty thousand (250,000) gallons per
month. About twenty per cent (20%) of the sales are made
outside of Ohio, the Company operating in the States of Ohio,
Michigan and Indiana.
III
Respondent is engaged in commerce within the meaning of
Section 2 (6) and (7) of the Act.
IV
The Union is a labor organization within the meaning of
Section 2 (5) of the Act.
V
The Respondent has offered Verdon L. Spitler and Lawrence
F. Haupricht immediate and full reinstatement to their former
positions, without prejudice to their seniority and other rights
and privileges. Said Lawrence F. Haupricht has accepted re-
instatement as offered. Said Verdon L. Spitler has declined
reinstatement as offered.
VI
The Respondent has offered to make whole Verdon L. Spitler
and Lawrence F. Haupricht for any loss of pay they may have
suffered by reason of the discrimination against them and by
reason 'of their not having been employed by the Respondent
from September 19, 1941, to date hereof, by the payment of each
of them of the sum of Three Hundred Twenty-five Dollars
($325.00), which amounts Verdon L. Spitler and Lawrence F.
Haupricht have accepted.
. ' VII
All parties hereto expressly waive further proceedings, their
right to a hearing and to the making of Findings of Fact and
942 `DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Conclusions of Law by the Board as set forth in Section 10 (b)
and (c) of the Act.
VIII
The Complaint, Notice of Hearing and the Amended Charge
and other formal papers heretofore admitted into evidence may
be filed with the Chief Trial Examiner of the National Labor
Relations Board, together with this Stipulation and shall
constitute the record in this case.
IX
This Stipulation is subject to the approval of the National
Labor Relations Board, and, upon this Stipulation being ap-
proved by it, the said Board may enter an Order to the following
effect :
1. The Respondent, his supervisors, agents, successors, and
assigns, shall cease and desist from :
(a) Circulating or permitting the circulation of statements
calculated to influence its employees not to join or form labor
organizations of their own choice.
(b) Discouraging membership in International Brotherhood
of Teamsters, Chauffeurs, Warehousemen & Helpers of North
America,-Local No. 20 (A. F. L.) or in any other labor organi-
zation of its employees by discharging or refusing to reinstate
any of its employees or in any other manner discriminating in
regard to their hire or tenure of employment or any term or
condition of their employment.
(c) In any other manner interfering with, restraining or
coercing employees in the exercise of their right of self organi-
zation, to form, join or assist labor organizations to bargain
collectively through representatives of their own choosing and
to engage in concerted activities for the purposes of collective
bargaining or other mutual aid or protection, as guaranteed
in Section 7 of the National Labor Relations Act.
2. The Respondent, its supervisors, agents, successors or assigns
shall take the following affirmative action which will effectuate
the policies of the National Labor Relations Act:
(a) Inform all of its supervisors and agents, together with all
others employed in a supervisory capacity that they shall not in
any manner interfere with, restrain or coerce employees in the
exercise of their rights to self organization, to form, join or assist
labor organizations, to bargain collectively through representa-
tives of their own choosing, and to engage in concerted activities
for the purposes of collective bargaining or other mutual aid or
ROSS E.,MILLEiR 943
protection as guaranteed in Section 7 of the National Labor
Relations Act.
,(b) Make whole Verdon L. Spitler and Lawrence F. Haupricht
for any loss of pay they may have suffered by reason of the dis-
crimination against them by payment to each of them of the sum
of Three Hundred Twenty-five Dollars ($325.00).
(c) Post immediately in conspicuous places at its office at
Maumee, Ohio, and its bulk plant at Toledo, Ohio, and maintain
fora period of at least sixty (60) consecutive days from the date,
of posting notices to its employees, stating (1) that the Respond-
ent will not engage in the conduct from which it is ordered to
cease and desist in paragraphs 1-(a) to `(c), inclusive, of this
order; (2) that the Respondent will take the affirmative action set
forth in paragraph 2-(a), to 2 (c) me. and has complied with the
order of the Board requiring payment of back wages to Verdon
L. Spitler Sand Lawrence F. Haupricht; and (3) that the Re-
spondent's employees are free to become or remain members of
International Brotherhood of Teamsters, Chauffeurs, WVarehouse-
Imen & Helpers of North America, Local No. 20 (A. F. L.), and
that Respondent, its supervisors and agents, will not discriminate
against any employees because of their membership or activity in
that organization.
(d) Notify the Regional Director for the 8th Region in writing,
within ten (10) days from the date of this order of the steps the
Respondent has taken to comply herewith.
Y
It is further stipulated and agreed that any appropriate Circuit
Court of Appeals in the United States may, upon application by
the Board, enter its decree enforcing the order of the Board in
the form above set out. Respondent waives its rights to contest
the entry of any such decree and its rights to receive notice of the
filing of the application for the entry of such decree.
XI
This stipulation contains the entire agreement between the
parties, there being no agreement of any kind, verbal or other-
wise,-which varies, alters or adds to this stipulation.
XII
This stipulation shall be of no force and effect unless and until
approved by the Board and if not approved by the Board none
44S105-41-vol 39-61
944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the statements recited hereinabove may be used as evidence
in any proceeding before the Board.
On March 7 , 1942, the Board issued an order approving the above
stipulation, making it a part of-the record and pursuant to Article II,
Section 36 , of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, transferring the case to and continuing
it before the Board for purpose of entry of a decision and order by the
Board pursuant to the provisions of the said stipulation.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent , Ross E. Miller, is an individual who is and has
been doing business as Miller Oil Company from a principal office
located at Maumee, Ohio, with a principal bulk station located at
'Toledo, Ohio, in the county of Lucas, State of Ohio, in the dis-
tribution , purchase , sale and resale of gasoline , kerosene , fuel and
lubricating oils . The respondent purchases products from refineries
in Ohio and Michigan and about 20 percent from sources other than
Ohio. ' Average sales of petroleum amount to approximately 250,000
gallons per month. About 20 percent of the sales are made outside of
Ohio , the Company operating in the States of Ohio, Michigan, and
Indiana'. The respondent stipulated that he is engaged in commerce
within the meaning of the Act. We find that the above-described
operations constitute a continuous flow of trade, traffic , and commerce
among the several States.
ORDER
Upon the basis of the above findings of fact and stipulation and
the entire record in the case and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent , Ross E. Miller, doing business as
Miller Oil Company , of Maumee, Ohio, his supervisors , agents, suc-
cessors, and assigns shall:
1. Cease and desist from :
(a) Circulating or permitting the circulation of statements cal-
culated to influence its employees not to join or form labor organ-
izations of their own choice;
(b) Discouraging membership in International Brotherhood of
Teamsters, Chauffeurs, Warehousemen & Helpers of North America,
Local No. 20 (A. F. L.) or in any, other labor organization of its
employees by discharging or refusing to reinstate any of its em-
ROSS -E. 'MILLER 945
ployees or in any other manner discriminating in regard to their
hire or tenure of employment, or any term or condition of their
employment;
(c) In any other manner interfering with, restraining or coercing
employees in the exercise of their right to self organization, to form,
join or assist labor organizations to bargain collectively 'through rep-
resentatives 'of their own choosing and to engage in concerted
activities for the purposes of collective bargaining or other mutual
aid or protection, as guaranteed in, Section 7 of the National Labor
Relations Act. •
2. Take the following affirmative action in order- to effectuate the
policies of the National Labor Relations Act :
(a) Inform all of its supervisors and agents, together with all
others employed in a supervisory capacity that they shall not in any
manner interfere with, restrain or coerce employees in the exercise of
their rights to self organization, to form, join,or assist labor- organ-
izations, to bargain collectively through representatives of their own
choosing, and to engage in concerted activities for the purposes of
collective bargaining. or other mutual aid or protection as guaranteed
in section 7 of the National Labor Relations Act;
(b) Make whole Verdon L. Spitler and Lawrence F. Haupricht
for any loss of pay they may have suffered by reason of the discrim-
ination against them by payment to each of them of the sum of
Three Hundred Twenty-five Dollars ($325.00) ;
(c) Post immediately in conspicuous places at its office at Maumee,
Ohio, and its bulk plant at Toledo, Ohio, and maintain for a period
of at least sixty (60) consecutive days from the date of, posting
notices to its employees, stating (1) that the Respondent `will not
engage in the conduct from which it is ordered to cease and desist in'
paragraphs 1-(a) to (c), inclusive, of this order; (2) that the re-
spondent will take the affirmative action set forth in paragraph 2-(a),
to 2 (c) inc. and has complied' with the order of the Board requiring
payment of back wages to Verdon L. Spitler and Lawrence Y -Haup-
richt; and. (3) that the respondent's employees are free to become or
remain members of International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen & Helpers of North America, Local No. 20
(A. F. L.), and that respondent, its supervisors and agents, will not
discriminate against any employees because of their membership or
activity in that organization ; y -
(d) Notify the Regional Director for the 8th Region, in writing,
within ten (10) days from the date of this order of the steps the
Respondent has taken to comply herewith.