Cities Service Oil Co.

National Labor Relations Board - Board Decisions

Feb 10, 1942

38 N.L.R.B. 1055 (N.L.R.B. 1942)

In the Matter Of CITIES SERVICE OIL COMPANY, PETTYS ISLAND REFINERY
DIVISION and OIL WORKERS INTERNATIONAL UNION, AFFILIATED WITH
THE C. I. O.
Case No. R-3479.-Decided February 10, 1942
Jurisdiction : oil refining industry.
Investigation and Certification of Representatives : existence of question : parties
stipulated that a question concerning representation has arisen ; election
necessary.
Report of Regional Director with respect to a claim of authorization for
the purpose of representation is taken, not as proof of the precise number
of employees who desire to be represented by a labor organization, but rather
to ascertain whether a substantial number of employees desires to be so
represented.
Unit Appropriate for Collective Bargaining : all employees including office and
clerical employees, but excluding supervisory employees and the office manager ;
stipulation as to.
Frueauf, Burns d Ruch, by Mr. Ross W. Lynn, of New York City,
for the Company.
Mr. Jene R. Mariano, of Camden, N. J., for the Independent.
Mr. C. H. Chaffin, of Philadelphia, Pa., for the International.
Mr. Frederic B. Parkes, 2d, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 24 and December 13, 1941, respectively, Oil Workers
International Union, affiliated with the C. I. 0., herein called the
International, filed with the Regional Director for the Fourth Region
(Philadelphia, Pennsylvania) a petition and an' amended petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of Cities Service Oil Company, Pettys
Island Refinery Division, Pettys Island, New Jersey,' herein called
I The petition erroneously designated the Company's address as Pettys Island, Pennsyl-
vania This was corrected by amendment at the hearing
38 N. L. R. B., No. 198.
1055
1056 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, herein called the Act. On January 8, 1942,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
On January 15, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the Inter-
national, and Pettys Island Independent Oil Workers Union, herein
called the Independent, a labor organization claiming to represent
employees directly affected by the investigation. Pursuant to notice,
a hearing was held on January 27, 1942, at Philadelphia, Pennsyl-
vania, before Jack Davis, the Trial Examiner duly designated by the
Chief Trial Examiner. The Company, the International, and the
Independent were represented and participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing, the Trial Examiner made various
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Cities Service Oil Company is engaged in refining petroleum at its
refinery at Pettys Island, New Jersey. The Company refines annually
approximately 5,500,000 barrels of oil, of which amount approximately
65 percent is shipped to points outside the State of New Jersey. Each
year the Company refines approximately 100,000 barrels of lubricat-
ing oil, of which amount approximately 90 percent is shipped outside
the State of New Jersey. The Company employs approximately 261
employees at its Pettys Island Refinery Division.
The Company admits that it is engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Oil Workers International Union is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
CITIES SERVICE 'OIL, COMPANY 1057
Pettys Island Oil Workers Union is an unaffiliated labor organiza-
tion, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company, the International, and the Independent stipulated
at the hearing that a question has arisen concerning the representation
of employees of the Company, that the International has requested
recognition as a statutory representative of the Company's employees,
and that the Company has refused to recognize the International as
such representative until it has been certified by the Board as the
proper bargaining agency.
A statement of the Regional Director introduced into evidence shows
that the International represents a substantial number of employees
in the unit found below to be appropriate?
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
2 The International submitted to the Regional Director 161 membership application cards,
of which 5 were undated and 156 were dated between February 2 and November 25, 1941.
The Regional Director reported that all of the signatures were apparently genuine, and-that
155 of the application cards bore signatures of persons whose names appear on the Com-
pany's pay roll. There were 261 employees on the pay roll submitted by the Company.
The Independent objected to the introduction into e%idence of the Regional Director 's state-
ment, on the ground that it did not prove that the International represented the employees
of the Company . The Trial Examiner overruled the objection . The Trial Examiner ' s ruling
is hereby affirmed. As we have frequently stated, the report of the Regional Director with
respect to a claim of authorization for the purpose of representation is taken, not as proof
of the precise number of employees who desire to be represented by a labor organization,
but rather to ascertain whether a substantial number of employees desires to be so repre-
sented. See Matter of Interlake Iron Corporation and Local Union 1657 , Steel Workers Or-
ganizing Committee, C I O , 38 N. L R. B 146.
As evidence of its claim to represent employees of the Company , the Independent relied
on the contract which was executed between the Company and the Independent on Feb-
ruary 17, 1938 , whereby the Independent was recognized as the sole collective bargaining
agency for the employees of the Company 's Pettys Island Refinery Division . The agree-
ment provided that it should continue in force until February 17, 1939, and thereafter until
terminated by either party on 45 days' written notice. At the time of the hearing neither
party had given notice of intention to terminate the agreement . None of the parties con-
tends that the contract constitutes a'bar to a present investigation and determination of
representatives.
438861-42-vol. 38-68
1058 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
The Company, the International, and the Independent stipulated
at the hearing, and we find, that all employees of the Company's Pettys
Island Refinery Division, including office and clerical employees, but
excluding supervisory employees and the office manager, constitute a
unit appropriate for the purposes of collective bargaining.3 We
further find such a unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective
bargaining , and otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by means of an election by secret ballot.
In accordance with the stipulation of the parties, the Independent
shall be placed on the ballot.' None of the parties stated any prefer-
ence as to the pay roll to be used to determine eligibility to vote. In
accordance with our customary practice, we shall direct that those
persons eligible to vote in the election shall be those in the appropriate
unit who were employed during the pay-roll period immediately pre-
ceding the date of the Direction of Election herein, subject to the
limitations and additions hereinafter set forth.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Cities Service Oil Company, Pettys Island
Refinery Division, Pettys Island, New Jersey, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All employees of the Company's Pettys Island Refinery Division,
including office and clerical employees, but excluding supervisory
employees and the office manager, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
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
3 The employees covered by the contract between the Company and the Independent are
apparently the same as those in the unit herein found to be appropriate.
4 As noted above, the Independent has a subsisting contract with the Company. See
footnote 2, supra.
CITIES SERVICE OIL COMPANY 1059
Act, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Cities Service Oil Company, Pettys Island Refinery Division,
Pettys Island, New Jersey, 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 Fourth 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 all em-
ployees of the Company's Pettys Island Refinery Division who were
employed during the pay-roll period immediately preceding the date
of this Direction, including office and clerical employees and all
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 excluding supervisory
employees, the office manager, and employees who have since quit or
been discharged for cause, to determine whether they desire to be
represented by Oil Workers International Union, affiliated with the
C. I. 0., or by Pettys Island Independent Oil Workers Union, for the
purposes of collective bargaining, or by neither.