The Globe Oil & Refining Co.

National Labor Relations Board - Board Decisions

Sep 18, 1945

63 N.L.R.B. 958 (N.L.R.B. 1945)

In the Matter of THE GLOBE OIL & REFINING COMPANY and OIL
WORKERS INTERNATIONAL UNION, CIO
Case No. 13-R-3088.-Decided September 18, 1945
Pope & Ballard, by Mr. John H. Thomson, and Mr. John W. Dor-
gan, of Chicago, Ill., for the Cc-npany.
Messrs. Lawrence L. Meskimer^ and William P. Anderson, of Whit-
ing, Ind., for,the Oil Workers.
Mr. E. C. Jarboe, of Independence, Kans., for the Operating Engi-
neers.
Mr. Bernard Goldberg, of counsel to the Boaid.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Oil Workers International Union,
CIO, herein called the Oil Workers, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Globe Oil & Refining Company, Lemont, Illinois, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Gustaf B. Erickson,
Trial Examiner. Said hearing was held at Chicago, Illinois, on
June 29, 1945. The Company, the Oil Workers, and International
Union of Operating Engineers, AFL, herein called the Operating
Engineers, appeared and participated. All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. All parties were afforded an 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
The Globe Oil & Refining Company is an Illinois corporation en-
gaged in refining, preparing, and distributing petroleum products at
63 N. L. R. B., No. 152.
958
THE GLOBE OIL & REFINING COMPANY 959
its refinery and bulk plant in Lemont, Illinois.' During the past year
approximately 75 percent of the raw petroleum products processed
at the Lemont plant was shipped to the plant from outside the State
of Illinois; during the same period more than 15 percent of the finished
products, valued in excess of $50,000, was shipped out of the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor *Relations Act.
II. THE ORGANAZATIONS INVOLVED
Oil Workers International Union, affiliated with the Congress of
Industrial Organizations , and International Union of Operating
Engineers , affiliated with the American Federation of Labor, are labor
organizations admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Oil Workers as the exclu-
sive bargaining representative of its employees unless and until the
Oil Workers is certified by the Board in an appropriate unit.
From June 11, 1940 to July 1, 1945, the Company and the Inde-
pendent Oil Workers Association of Lemont, Illinois, hereinafter
called the Association, were parties to collective bargaining contracts
covering the Company's employees. The most recent contract was
executed on July 22, 1944 and was terminated on July 1, 1945, pur-
suant to its terms, after the Association had served timely notice of
its desire to end the agreement. On May 21, 1945, the Association's
members voted to disband their organization.2 It is conceded by all
the parties that the aforesaid contract is not a bar to this proceeding.
A statement of a Board agent, introduced into evidence at- the
hearing, indicates that the Oil Workers represents a substantial num-
ber of employees in the unit hereinafter found 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.
1 The Company also maintains three additional bulk plants at Bay City , Holland, and
Ecorse, Michigan , none of which is involved in this proceeding.
2 Although the Association was served with a copy of the notice of hearing , it did not
appear.
' The Field Examiner reported that the Oil workers submitted 132 application for mem-
bership cards ; that the names on 128 of the cards were listed on the Company 's pay roll of
May 30, 1945 , which contained the names of 343 employees in the appropriate unit, and
that the cards eeie dated between March and May 1945.
The Field Examiner further reported that the Operating Engineers submitted 72 appli-
cation for membership cards , of which 71 bore the names of employees listed on the afore-
said pay roll, and that the cards were dated in April and May 1945.
960 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1V. THE APPROPRIATE UNIT
In Matter of The Globe Oil & Refining Company '4 a proceeding
involving the Company, the Oil Workers and the Association, the
Board found appropriate a unit of all production and maintenance
employees at the Company's Lemont plant, including control labora-
tory employees (including day testers and octane operators), non-
militarized watchmen, bulk plant employees (including billers), ware-
house clerks and messenger, and the compressor maintenance and still
cleaning subforemen, but excluding draftsmen, engineers, chemical
engineers in the engineering department, safety engineers in the per-
sonnel department, armed, militarized guards, chemists, assistant
chemists, office clericals and messenger, and all supervisors. In the
present proceeding, the Oil Workers seeks substantially the same unit
as previously found appropriate by the Board. The Operating En-
gineers agree generally as to the composition of the foregoing unit,
but would include the following categories of employees : chemists,
assistant chemists, office clerical employees, safety inspectors, and
subforemen in charge respectively of still cleaning, compressor main-
tenance, meters and warehouse office, all of whom the Oil Workers
desires to exclude. The Company maintains a neutral position on all
issues.
Both unions join in a request to modify the unit previously found
appropriate to include the plant-protection guards who were ex-
cluded from the prior unit because of their militarized status. Since
the previous decision, these guards have been demilitarized. They
now perform essentially the same duties as the watchmen who were
included in our previous unit finding, except that, the watchmen
patrol the entire plant, whereas the guards are stationed at the main
gate. Inasmuch as the present duties of the demilitarized guards
are similar to those of the watchmen whom we include in the prior
unit and there is no disagreement among the parties as to their inclu-
sion, we shall include them.°
As regards the chemists, assistant chemists, office clerical employees,
and the subforemen in charge of still cleaning and maintenance, the
Board in its previous decision, after specific consideration, excluded
all except the subforemen from the unit. No substantial change has
occurred in the Company's operations or in the duties of these em-
4 55 N. L. R. B. 1329.
5 Cf. Matter of Eastern Tool & Mfg. Co., Inc., 61 N. L. R. B. 1315; Matter of Pittsburgh
Equitable Meter Company, 61 N. L . it. B. 880.
THE GLOBE OIL & REFINING COMPANY 961
ployees since the date of that decisions We perceive no reason, there-
fore, for altering our previous determination.'
The meter subforeman occupies a position which was created sub-
sequent to the hearing in the earlier case. He is responsible for
keeping meters in first-class operating condition. Generally he works
alone; occasionally he is assisted by helpers. His position is anala-
gous to that of the subforemen in charge of still cleaning and com-
pressor maintenance. We find that the meter subforeman is not a
supervisor within the Board's customary definition thereof ; we shall
include him. The warehouse office subforeman, whose status was not
considered in the previous decision, occupies a position different from
that of the other subforemen heretofore considered. He is regularly
in charge of five warehouse employees with respect to whom he has
the power effectively to recommend changes in their employee status.
We find that he is a supervisor within the Board's definition, and we
shall, therefore, exclude him.
The unions are in disagreement as to whether the previous decision
of the Board included or excluded safety inspectors. The Oil Work-
ers contends that they were excluded as safety engineers in the per-
sonnel department, the Operating Engineers denies that they come
within that classification. The prior decision made no determina-
tion regarding the status of safety inspectors and, in view of the
substantial difference of their duties, as hereinafter described, it can-
not be said that there was any intention to exclude them under the
designation of safety engineers. The Company employs one safety
engineer who works out of the personnel office and is primarily re-
sponsible for the safety of personnel, including the teaching of safe
work habits. In addition to the safety engineer, the Company also
has two full-time and one part-time safety inspectors who work out of
the plant office under supervision different from that of the safety
engineer, inspecting and reporting on the condition of machinery
and equipment. They have no supervisory authority. The safety
inspectors, unlike the safety engineer, are former operations men who
have had considerable experience in operations and have a good
knowledge of the various items of equipment used in the plant.
Essentially the safety inspectors appear to be only highly skilled
° Notwithstanding the Board ' s decision excluding office clerical employees , chemists and
assistant chemists , the Company and the Association in their collective bargaining contract
executed subsequent to the election included these categories within the coverage of their
agreement We ascribe no effect , however, to this contract as a possible justification for
altering our previous unit finding See Matter of The Mathieson A lkali Works, 55
N, L. R. B. 1100.
4 See Matter of The Mathueson Alkali Works, supra
962 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mechanics engaged in work which primarily pertains to maintenance.
We shall include these employees in the unit."
We find that all production and maintenance employees at the
Company's Lemont, Illinois, plant, including control laboratory em-
ployees (including day testers and octane operators), watchmen and
plant-protection guards, bulk plant employees (including billers),
warehouse clerks and messenger, safety inspectors, and compressor
maintenance, still cleaning and meter subforemen, but excluding
draftsmen, engineers, chemical engineers in the engineering depart-
ment, safety engineers in the personnel department, chemists, assistant
chemists, office clerical employees and messengers, warehouse office
subforemen, and all other supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute 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 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 Elec-
tion, herein, subject to the limitations and additions set forth in the
Direction.
The Company employs a number of high school boys to cut weeds.
The boys were hired for their summer school vacation period and are
expected to return to school after September 4, 1945, when their work
permits expire. In view of the temporary nature of their employment,
Ave shall exclude them from the balloting.
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 The Globe Oil &
Refining Company, Lemont, Illinois, 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 Thirteenth ,Region, acting in this
.11
B See Mat4er of J I Abcrcronibic Compan+7 , 58 N L R B 1013
THE GLOBE OIL & REFINING COMPANY -963
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 during the 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 high school boys working during the summer
vacation period and those employees who have since quit or been
discharged for cause end have not been rehired or reinstated prior to
the date of the election, to determine whether they desire to be repre-
sented by Oil Workers International Union, 010, or by International
Union of Operating Engineers, AFL, for the purposes of collective
bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.
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