The American Oil Co.

National Labor Relations Board - Board Decisions

Jul 28, 1942

42 N.L.R.B. 963 (N.L.R.B. 1942)

In the Matter of THE AMERICAN OIL COMPANY and TRUCK DRIVERS &
HELPERS , LOCAL 355, INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA (AFL),
Case No. R-3999 -Decided July 28, 1942
Jurisdiction - petioleum marketing and distributing industry
Investigation and Certification of Representatives : existence of question re-
fusal to accord petitioner iecognition, election necessary
Unit Appropriate for Collective Bargaining truck drivels and helpers, ware-
housemen pump and tank mechanics, and pump and tank laborers, at one of
Company s distiibuting plants, excluding watchmen, and supervisory, clerical,
and temporaiy employees
Mr. C H Thompson and ,41r . James K Eagan, of Baltimore, Md.,
for the Company
Mr Jacob Edelman , of Baltimore , Md, for the Teamsters. .
Mr Charles TV. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Truck Drivers & Helpers, Local 355,
Inteinational Brotherhood of Teamsters ; Chauffeurs , Warehouse-
men & Helpers of America ( AFL), herein called the Teamsters,
alleging that a question affecting commerce had arisen concerning the
representation of employees of The American Oil Company, An-
napolis , Maryland, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Jacob Blum, Trial Examiner Said healing was held at Balti-
more, Maryland , on June 30 , 1942 The Company and the - Teamsters
appeared, paiticipated , and were afforded full opportunity to be
heard, to examine and' cross-examine witnesses , and to introduce evi-
dence bearing on the issues The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
Upon the entree iecord in the case, the Board makes the following:
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
The American Oil Company is a Maryland corporation wholly
owned by Pan American Petroleum and Transport Company, having
42NLRB No 181
963
964 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
its principal place of business in Baltimore. Maryland, and engaged
in the distribution and marketing of petroleum and petroleum by-
products in more than 11 States and the District of Columbia The
present proceedings involve the Company's distribution plant at
Annapolis, Maryland In 1941 the Company received at its Curtis
Bay plant in Baltimore, Maryland, by tanker and barge, from sources
outside the State of Maryland, approximately 150,000,000 gallons of
gasoline, and large, quantities of other petroleum products These
products, after being stored and blended, were distributed to branches
in Maryland and other States During the same period the Company
shipped from the Curtis Bay plant 2,000,000 gallons of gasoline and
large quantities of fuel oil by barge to the distribution plant at An-
zrapolis, Maryland The Company stipulated that at the Annapolis
distributing plant it is engaged in commerce within the meaning of
the National Labor Relations Act.
II THE ORGANIZ 41TION INVOLVED
Truck Drivers & Helpers, Local 355, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen & Helpers,of Annerica. is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company
III THE QUESTION CONCERNING REPRESENTATION
The Teamsters requested that the Company recognize it as collective
bargaining representative within an alleged appropriate unit The
Company declined to accord the teamsters such recognition
A report of the Regional Director introduced into evidence at the,
hearing indicates that the Teamsters represents a substantial number
of employees within the unit which we hereinafter find to be ap-
propriate 1
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 1HE APPROPRIATE UNIT
The Teamsters contends that truck drivers and helpers. warehouse-
men, and pump and tank mechanics, excluding pump and tank labor ers,
watchmen, supervisory, clerical, and temporary employees, constitute
an appropriate unit.
'The Teamsters submitted to the Regional Dir'ctoi four applications for membel ship
dated on May 4 and 5, 1942 , all bearing apparently genuine original signatures All the
signatures were the names of persons on the Company 's May 15, 1942, pas roll for the
Annapolis plant There are approximately six employees in the appropriate unit
THE AMERICAN OIL COMPANY 965
The paities are in dispute only with respect to one Stanek, who the
Teamsters claim is a "waiel1ouseman" who should be included in the
unit The Company contends that Stanek is a "plant manager" having
supeivisoiy authority and as such should be excluded
Stanek is said to exercise supervision over the loading and unloading
of gasoline and oil when the branch manager, who is the responsible
supeivisor in chaige of the plant, is not present Although the testi-
mony indicates that the branch manager devotes a large amount of his
time to ,ales solicitation away from the plant, Stanek has no authority
to hue of discharge and it does not appear that his recommendations
with respect to such matteis are accorded any considerable weight.
Stanek's pay is lower than that of the only pump and tank mechanic
employed by the Company at the time of the hearing, and lower than
that of one of the truck drivers On his application for membership
in the Teamsters, Stanek described himself as a "warehouseman "
On these facts we are of the opinion that Stanek has no substantial
supervisoiy authority and is in fact a warehouseman He will there-
fore be included in the unit
The pump and tank laborers appeai to be helpers to the pump
and tank mechanic The Teamsteis would exclude the laborers,
assigning as reason therefor that they are within the jurisdiction of
the Laboreis Union We find that laboiers should be included in the
unit One of the laboieis, however, is a temporary employee He
-,; ill thei efore be excluded
We find that tiuck diivers and helpeis, waiehousemen, pump and
tank mechanics, and pump and tank laborers, employed at the Com-
pany's Annapolis, Maryland, distiibuting plant, excluding watch-
men, and supervisory, clerical, and temporary employees, constitute
a unit appiopriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the Act
V THE DETERMINATION OF REPRESFNTATIVES
Although the Teamsters requested that eligibility to vote in any
election' be determined by the pay roll of May 5, 1942, they stated
no reason therefor We shall direct, in accordance with our usual
practice, that the question conceinmg representation which has arisen
be resolved by an election by seciet ballot among the employees in the
appiopiiate unit who were employed during the pay-roll period im-
mediately 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 puisuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
966 DECISION OF NATIONAL LABOR RELATIONS BOARD
lations Act, and pursuant to Aiticle III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The American
Oil Company, Annapolis, Maiyland, 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 of Election, under the direction and
supervision of the Regional Director for the Fifth 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 of the Company in the unit found to be appropriate in
Section IV, above, who were employed during the pay-ioll period
immediately preceding the date of this Direction of Election, in-
cluding employees who did not work during such pay-roll period
because they were ill or on vacation or in the active military service
or training of the United States, or temporarily laid off, but ex-
cluding any who have since quit or been discharged for cause, to de-
tefthine whether or not they desire to be represented for the purposes
of collective bargaining by Tiuck Drivers &- Helpers, Local 355,
International Brotheihood of Teamsters, Chauffeurs, Warehousemen
Helpers of America, affiliated with the American Federation of
Labor.
MR GERARD D REILLY took no pait in the consideiation of the
above Decision and Direction of Election.,