The Ohio Oil Co.

National Labor Relations Board - Board Decisions

Sep 29, 1944

58 N.L.R.B. 644 (N.L.R.B. 1944)

In the Matter of THE.OHIO OIL COMPANY and On. WORKERS INTER-
NATIONAL UNION, C. I. O.
Case No. 14-R-1007.-Decided September 29, 19!4.
Mr. William K. Tell, of Findlay, Ohio, and Mr. Joseph F. Diver,
of M trshall, Ill., for the Company.
Mr. Lawrence L. Meskimen, of Robinson, Ill., 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 Oil Workers International Union,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Ohio Oil Company, Robinson, Illinois, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Keith W. Blinn, Trial Examiner.
Said hearing was held at Robinson, Illinois, on August 12, 1944. The
Company and the Union appeared at and participated, in the.-hearing.t
All parties were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. During the course of the hearing the Company moved to
dismiss the petition. The Trial Examiner reserved ruling thereon.
The motion is hereby denied. The 'T'rial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
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
I. THE BUSINESS OF THE COMPANY
The Ohio Oil Company is an Ohio corporation engaged in the busi-
ness of refining , transporting, and marketing 'of oil and petroleum
I Although International Union of Operating Engineers was served with Notice of Hear-
ing, it did not appear.
58 N. L. it. B., No. 131.
644
THE OHIO OIL COMPANY 645
in 18 States. We are here concerned with its District 3 located in the
vicinity of Robinson, Illinois. During 1943 the Company purchased
supplies for its Illinois operations valued in excess of $150,000, over
50 percent of which was shipped to it from points outside the State of
Illinois. During the same period the Company sold products from
its Illinois operations valued in excess of $150,000, over 50 percent of
which was shipped to points outside the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Oil Workers International Union is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 1, 1944, the Union requested recognition as the collective
bargaining representative of employees in District 3. The Company
declined to recognize the Union until it had been certified by the Board:
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.2
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
The Unioncbntends that all production and maintenance employees
in District 3 of the Production Department of the Company, excluding
supervisory, clerical, and plant protection employees, constitute a unit
appropriate for the purposes of collective bargaining. The Ccimpany
contends that the employees in Districts 2, 3, and 8 of the Production
Department together constitute an appropriate unit.
For the purposes of convenience and supervision the Company di-
vides its operations into geographical areas known as districts. Al-
though the Company has one district superintendent for Districts
2, 3, and 8, each of the districts is under a separate foreman. Rates of
pay and working conditions are similar in all districts. Interchange
2 The statement discloses that the Union submitted applications for membership bearing
the apparently genuine signatures of 37 persons whose names appeared on the Company's
June,15, 1944, pay roll. The said pay roll listed appro\imately 84 employees in the appro-
priate'Chit -
646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of employees between districts is infrequent. The Union has limited
its organizational activities to employees in District 3 and has not at-
tempted to organize employees in Districts 2 and 8. The Board has
recently held that the employees in the Bridgeport Division of the
Company constitute an appropriate bargaining unit.3 We are of the
opinion that the extent to which the Union has organized the employees
of the Company and the administrative set-up of the Company indicate.
the feasibility of a district unit at this time. We find, therefore, that
such a unit is appropriate.
We find that all maintenance and production employees in District
3 of the Production Department of the Company, excluding clerical
and plant-protection employees and all supervisory employees with au-
thority 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 bar-
gaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATiON^`OF RF.PIFESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
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 La-
bor Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 Ohio Oil Com-
pany, Robinson, Illinois, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from the
date of this Direction, under the direction and supervision of the Re-
gional Director for the Fourteenth 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
s Matter of The Ohio Oil Company, 55 N L R. B. 705.
THE OHIO OIL COMPANY 647
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 Oil Workers In-
ternational Union, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining.