The Ohio Oil Co.

National Labor Relations Board - Board Decisions

Feb 5, 1945

60 N.L.R.B. 418 (N.L.R.B. 1945)

In the Matter of THE OHIO OIL COMPANY and INTERNATIONAL UNION
OF OPERATING ENGINEERS, A. F. L.
Case No. -14-R-1055--Decided February 5, 19415
Mr. William K. Tell, of Findlay, Ohio, for the Company.
Mr. H. C. Scheppel, of Carlyle, Ill., for the A. F. L.
Mr. K. W. Walker, of Robinson, Ill., for the C. 1. 0.
Mr. Sidney Grossman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Operating
Engineers, A.-F. L., herein called the A. F. L., alleging that a ques-
tion 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 Harry G. Carlson, Trial
Examiner. Said hearing was held at Robinson, Illinois, on December
11, 1944. The Company, the A. F. L., and the Oil Workers Inter-
national Union, C. I. 0., herein called the C. I. 0., 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 Examiner'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
I. THE BUSINESS OF THE COMPANY
The Ohio Oil Company, an Ohio corporation, is engaged in the
production and processing of petroleum and petroleum products, in
various parts of the United States, including the operation of a re-
finery at Robinson, Illinois, with which this proceeding is concerned.
During the year 1943, the Company purchased materials and equip-
60 N. L. R. B., No. 81.
418
THE OHIO OIL COMPANY 419
ment for its use at the Robinson refinery in excess of $200,000 in
value, of which 50 percent was secured from sources outside the State
of Illinois. During the same period, the Company produced at its
Robinson refinery finished petroleum products in excess of $5,000 ,000
in value, of which 50 percent 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 ORGANIZATIONS INVOLVED
International Union of Operating Engineers, affiliated with the
American Federation of Labor, is a labor organization admitting to
membership employees of the Company.
Oil Workers International Union, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 7, 1944, the A. F. L. addressed a letter to the Company
wherein it stated that it represented a majority of the Company's em-
ployees at the Robinson refinery and requested that contract negotia-
tions be entered into. By letter dated August 21, 1944, the Company
refused to grant recognition to the A. F. L. as the bargaining repre-
sentative of its employees until the A. F. L. had been certified by the
Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the A. F. L. and the C. I. O. -represent a
substantial number of employees in the unit hereinafter found
appropriate.'
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 A. F. L. requests a unit comprised of all employees of the
Company's refinery at Robinson, Illinois, including the water well
tender at the water pump station near Palestine, Illinois, but exclud-
1 The Field Examiner reported that the A. F. L. submitted 134 authorization cards
representing the names of employees appearing on the Company' s pay roll of September
15, 1944, that the cards bore dates between May and September 1944, and that there are
293 employees in the alleged appropriate unit He further reported that the C. I. O.
submitted 104 application cards representing the names of employees appearing on the pay
roll above referred to, and that 103 cards bore dates between January and October 1944,
and 1 was undated . Forty -nine names appeared on cards submitted by both the A. F. L.
and the C. I. O. In the course of the hearing , the C. I. O. submitted 6 additional authori-
zations that bore dates in November and December 1944.
420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing plant-protection employees, office and clerical employees, foremen,
assistant foremen, and_ all other supervisory employees. The Com-
pany and the C. I. 0. are in agreement' as to the general composition
of the unit. The parties, however, dispute the inclusion or exclusion
of the specific categories discussed below.
Water well tender: While the Company takes no definite position
with respect to the water well tender, the A. F. L. would include, and
the C. I. 0. would exclude, him. The Company operates a water
pump at Palestine, Illinois, approximately 5 miles from the refinery,
through which it secures its water supply. The water well tender,
who is responsible for the efficient operation of the pump, resides in a
company-owned house nearby. Because of the isolated nature of his
position, he receives his salary monthly, is directly responsible to the
plant superintendent, and is not required to punch a time card at the
refinery gate. However, the record discloses that his classification
appears on the same pay roll as other field employees at the refinery,
that his earnings are substantially commensurate with the wage
rates of other field employees, and that his work is directly related
to the operation of the plant in that it is his responsibility to adjust
the pumps to insure an adequate flow of water through the plant.
Moreover, employees who normally work in the refinery relieve him
at regular scheduled intervals. We shall include the water well
tender in the unit.
Oil tester in the barrel- house: Both the C. I. 0. and the A. F. L.
would exclude, and the Company would include, the oil tester. The
record discloses that the oil tester is an hourly paid employee who
works in the barrel house in collaboration with the compounders. His
duties, in substance, are concerned with making routine physical tests
on blended lubricating oils and raw materials. Contrary to the posi-
tion taken by the A. F. L., there is no evidence that he possesses super-
visory functions within our customary definition. ,Since he is em-
ployed under the same working conditions as other employees in the
plant, we shall include him.
Refinery mechanical engineers, refinery chemical engineers, and
the chemist: Both the C. I. 0. and the A. F. L. would exclude, and
the Company would include, these employees. The record, discloses
that the five mechanical engineers in the Company's employ are en-
gaged in designing, estimating, construction, inspection, and mainte-
nance and repair of refinery equipment; that the two chemical engi--
neers perform highly skilled technical work in connection with re-
search, development and control of processing operations; and that,
the chemist performs the-more advanced chemical and physical tests
on raw materials and finished products. They are salaried employees,
receive a higher rate of pay than the average operating employee in.
THE OHIO OIL COMPANY 421
the plant, and are either college graduates or have acquired special
,skills as a result of training in their respective fields. In view of the
profession) and technical character of their work, we shall exclude the
refinery mechanical engineers, the refinery chemical engineers, and
the chemist from the unit.
General clerks "A": The C. I. O. and the A. F. L. regard the duties
of the general clerks "A" as clerical in character, and therefore oppose
the Company's contention that these employees be included in the
unit. Although the general clerks "A" work in the barrel house and
are responsible to the foreman therein, the record discloses that they
are paid monthly, and that their duties essentially consist of preparing
bills of lading, maintaining stock and inventory records, and perform-
ing other clerical work of a similar nature. Since their duties are
closely aligned with the work of other clerical employees, we shall
exclude the general clerks "A" from the unit.
Watchmen: The Company and the A. F. L.• desire to include, and
the C. I. O. would exclude, the watchmen whose duties are essentially
concerned with fire protection. In addition, they assist at the plant
gate, remove and replace time cards for the timekeeper, perform jani-
torial duties, and patrol the processing area and tank farm at night
to observe and report unusual conditions. They are neither armed nor
deputized, and are responsible to the foreman in the maintenance de-
partment. Since no cogent reason appears for their exclusion, we shall
include the watchmen in the unit.
Office maintenance head and main office laborers: The Company
and the A. F. L. would include, and the C. I. O. would exclude, these
employees. The main office laborers perform custodial and janitorial
duties in the main office and are under the supervision of the office
manager. Although the office maintenance head has charge of the
grounds surrounding the office and is assisted by high school students
during the summer, the record does not reveal, as contended by the
C.1. 0., that he possesses any supervisory authority within our cus-
tomary definition. On occasion, he also performs janitorial duties in
the office. Since the duties of the office maintenance head and the
main office laborers do not warrant their disassociation from the other
employees in the plant, we shall include them in the unit.
We find that all employees of the Company's refinery at Robinson,
Illinois, including the water well tender at the water pump station
near Palestine, Illinois, the oil tester in the barrel house, watchmen,
and office maintenance head and main office laborers, but excluding
refinery mechanical engineers, refinery chemical engineers, the chemist,
general clerks "A," office and clerical employees,2 plant-protection
'Included in this category are the typist and the steno-clerk, whom all parties have
agreed to exclude.
422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees, foremen, and assistant foremen, and all or any other
supervisory employees 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 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 Election
herein, subject to the limitations and additions set forth in the
Direction.
At the hearing, the A. F. L. and the C. I. O. requested the exclusion
of the female clerks "B" and the female laboratory workers for the
reason that these employees are "temporary" in that their employment
may be terminated upon the return of employees who have been in-
ducted into military service.3 However, the record discloses that
many of these employees have been working for the Company
for a period of more than 2 years, that others do not occupy their
position as a result of having replaced service men, and that all are
subject to the same working conditions as other employees in the plant
and therefore have a substantial interest in the designation of a bar-
gaining representative who shall represent them. We therefore find
that the female clerks "B" and the female laboratory workers have
sufficient tenure of employment to entitle them to vote in the election
hereinafter directed 4
The Company requests that employees in military service be per-
mitted to vote by mail. However, we see no reason to depart from
our usual custom and shall direct that only those employees in the
armed forces of the United States who present themselves in person
at the polls shall be eligible to participate in the election 5
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
8 Subsequent to the hearing , the A. F. L , in. its brief , withdrew its objection to the
participation of these employees in the election.
* Matter of Northern Indiana Public Service Company , 51 N. L . R. B. 500.
Matter of Mine Safft Appliances Co., C'allery Plant , Callery, Pa , 55 N L. R vB. 1190
THE OHIO OIL COMPANY 423
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Ohio Oil
Company, 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
Regional 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 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 tem-
porarily 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
determine whether they desire to be represented by International
Union of Operating Engineers, A. F. L., or by Oil Workers Inter-
national Union, C. I. 0., for the purposes of collective bargaining, or
by neither.