General Petroleum Corp. of California

National Labor Relations Board - Board Decisions

Aug 5, 1942

42 N.L.R.B. 1260 (N.L.R.B. 1942)

In the Mattel Of GENERAL PETROLEUM CORPORATION OF CALIFORNIA and
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 12, A. F.
OF L.
Case No. R-4O4. -Decided August 5,1942
Jurisdiction : oil producing and iefimng industry ,
Investigation and Certification of Representatives : existence of question re-
fusal to accord petitioner recognition until Board determined bargaining repre-
sentative, election necessary.
Unit Appropriate for Collective Bargaining : shovel, diagline,, crane, and tractor
operators in the transpoi tation department serving Company's operations in
three areas conducted as a single unit, permitted to determine whether or not
they should constitute a separate bargaining unit.
Mr. Don W. Woods, of Los Angeles, Calif., for'the Company.
Mr P. A Judd and Mr. William C Carroll, of Los Angeles, Calif ,
for the Engineers.
Air Rufus Bailey, of Los Angeles, Calif , for the Employees Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
ST'iTEMENT OF TIIE CASE
Upon petition duly filed by International Union of Operating En-
gineers, Local 12, A. F of L , herein called the Engineers,, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of General Petroleum Corporation of Califor-
nia, Los Angeles, California, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon duel
notice before John P. Jennings, Trial Examiner. Said hearing was
held at Los Angeles, California, on July 10, 1942. The Company, the
Engineers and Employees Union of General Petroleum Corporation of
California, herein called the Employees Union, appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses , and to introduce evidence bearing on the issues.
42N L R B,No 230
1260 _
GENERAL PETROLEUM CORPORATION OF CALIF. 1261
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
On July 27 and 28, 1942, respectively, the Company and Employees
Union filed briefs which the Board has considered
Upon the entu e record in the case, the Board makes the following.
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
General Petroleum Corporation of California is a Delaware cor-
poration engaged in producing, refining, and marketing oil and oil
products The Company's principal office is at Los Angeles, Cali-
fornia This proceeding involves its operations in the Bakersfield,
Ventura, and Los Angeles, California, areas
During the period from January 1, 1942, to May, 31, 1942, the
Company purchased materials valued at $7,313,998, of which $128,379
represents materials purchased outside California. During the same
period, the Company's sales amounted to $24,384,188, of which $9,950,-
282 represents sales of products for delivery outside California.
II THE ORGANIZATIONS INVOLVED
International Union of Operating Engineers, Local 12, is a labor
organization affiliated with the American Federaltion of Labor, ad-
mitting to membership employees of the Company.
Employees Union of General Petroleum Corporation of California
is an unaffiliated labor organization, admitting to membership em-
ployees of the Company
III. THE QUESTION CONCERNING REPRESENTATION
e
On March 30, 1942, the Engineers requested the Company to bar-
gain with it as the exclusive representative of certain of the Com-
pany's employees. The Company refused this request until such
time as the Board determines the bargaining representative of its
employees. ,
A statement of the Regional Director, introduced into evidence dur-
ing the hearing, indicates that the Engineeis and the Employees
Union each represent a substantial number of employees in the unit
alleged as appropriate by the Engineers'
I The Regional Director reported that the Engineers presented 12 membership appli-
cation cards, bearing apparently genuine signatures of persons whose names appear on
the Company's pay roll of April 15, 1942 He further reported that the Employees_
Union presented-6 membeiship cards, bearing apparently genuine signatures of persons
whose names appear on that pay roll There are 12 persons on the April 15, 1942, pay
roll who uie in the alleged appropriate unit
1262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 National Labor
Relations Act
IV THE APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES
The Engineers contends that all shovel, dragline , crane, and tractor
operators employed by the Company in the Bakersfield, Ventura, and
Los Angeles, California, areas constitute an appropriate bargaining
unit. The Employees Union and the Company contend that all pro-
duction and maintenance employees of the Company constitute a single
appropriate unit. The Company's operations in the Bakersfield,
Ventui a, and Los Angeles, California, areas are conducted as a single
unit The employees claimed by the Engineers are a part of the trans-
poitation department. That department is under the supervision of
a department manager Its equipment includes freight trucks, tank
tiucks, and dirt-moving equipment, such as tractors, cranes, drag-
lines, and shovels The department employs approximately 140 peI-
sons, of whom 40 drive trucks exclusively, and 12 spend a portion of
their time in truck driving and the remainder of their time in operat-
ing dirt-moving equipment
Since 1934 the Company has conferred with the Employees Union
concerning general conditions of employment Under the aegis of
the Employees Union, representatives of the Company's employees
are elected in the several departments From time to time the Com-
pany has published statements of labor policies and rules and regu-
lations governing its employees, which were the products of such con-
ferences 3 Although the negotiations between the Company and the
Employees Union have assumed , plant-wide proportions, they have
not established such collective bargaining relations between employer
,and employees as would preclude the establishment of a bargaining
unit upon a narrower, but otherwise appropriate basis 4
The iecord discloses that shovel, dragline, crane, and tractor opera-
tors in the transportation department might function as a separate
bargaining unit On the other hand, such employees might appro-
' On May 11 , 1942 , the Board certified International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of Ameiica, Local 208 , A F L, as the exclusive
representatiNe of the Compan3 ' s employees who dn\e trucks exclusively , 40 N L R B 453
3 Neither the Company nor the Employees Union contends that these present statements
of policy , of such rules and regulations , constitute a contract between the Company and
its emploices , which would operate as a bar to this proceeding
Cf Matter of A F Staley Manufacturing Company and United Grain Processors
Union, Local 41290, affiliated with the A F of L , et at , 31 N L R B 946 See Matter
of General Petroleum Corporation of California and International Brotherhood of
Tcanistets , Chauffeurs, 1Vavehousemen d Helpers of gmeroca, Local 208, A F L, 39
NLRB 1180
GENERAL PETROLEUM CORPORATION OF CALIF 1263
priately be included, as the Employees Union contends, in a unit
with production and maintenance employees. We shall therefore,
make no final determination of the unit at this time, but shall direct
that the question concerning representation which has arisen be re-
solved by an election by secret ballot among the Company's shovel,
dragline, crane, and tractor operators in the transportation depart-
ment, 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, to determine
whether they desire to be represented by the Engineers, by the Em-
ployees Union, or by neither. Upon the results of this election will
depend, in part, the scope of the bargaining unit or units If a ma-
jority of those voting cast their votes for the Engineers, all those
eligible to vote will constitute a separate bargaining unit and we shall
certify the Engineers as their exclusive bargaining representative;
if, however, a majority of those voting cast their votes for the Em-
ployees Union, or for neither union, we shall conclude that the em-
ployees do not constitute a bargaining unit separate from other em-
ployees of the Company and we shall dismiss the petition filed by the
Engineers herein 5
DIRECTION Ol ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act and pursuant to Article III, Section 8, of the National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is,hereby
D:P..ECTED that, as pait of the investigation to ascertain representa-
tives for the purposes of collective bargaining with General Petroleum
Corporation of California, Los Angeles, California, an election by
secret ballot shall be conducted as early as possible, but not later titan
thirty (30) days fiorn the date of this Direction of Election, under
the direction and supervision of the Regional Director for the Twenty-
Jirst 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 shovel, dragline, crane, and tractor op-
erators in the transportation department of the Company, employed
in the Bakersfield, Ventura, and Los Angeles, California, areas, who
were employed during the pay-roll period immediately preceding
the date of this Direction, including any such employees who did not
6Cf Matter of L F Lochivood Company and International Brotlieihood of Firemen
and Ozle,s Local Union No 52 (A F of L ), 16 N L R B 95 See Matter of General
Petroleum Corporation of California and International Brotherhood of Teamsters,
Chauffeurs, Warehousemen d Helpers of America, Local 208, A F L, 39 N L R B 1180
1264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
work dui mg said 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 any who have since quit or been
discharged for cause, to determine whether they desire to be repie-
sented by International Union of Operating Engineers, Local 12,
affiliated with the American Federation of Labor, or by Employees
Union of General Petroleum Corporation of California, for the
purposes of collective bargaining, or by neither.
MR. GERARD D. RrILLY took no part in the consideration of the
above Decision and Direction of Election