Gulf Refining Co.

National Labor Relations Board - Board Decisions

Feb 28, 1946

66 N.L.R.B. 142 (N.L.R.B. 1946)

In the Matter of GULF REFINING COMPANY and LOCAL UNION No.
667, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND HELPERS OF AMERICA, AFFILIATED WITH TIIE
AMERICAN FEDERATION OF LABOR
Case No. 15-R-1488.-Decided February 08, 1946
Messrs . A. N. Gooch, Jr., and M. F. Rice, of Memphis, Tenn., for
the Company.
Messrs . John L. Beach and William B. Powers, of Memphis , Tenn.,
for the Union.
Mr. Conrad A. Wickham, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local Union So. 667, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers
of America, affiliated with the American Federation of Labor, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Gulf Refining
Company, Memphis, Tennessee, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Lewis Moore, Trial Examiner. The hearing
was held at Memphis, Tennessee, on November 26, 1945. The Com-
pany and the Union 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 hearings 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
Gulf Refining Company, a Delaware corporation, maintains and
operates refineries, gasoline plants, bulk plants, and service stations
66 N. L . R. B., No. 7.
142
GULF REFINING COMPANY 143
in 16 States. The plant involved in the present case is the Company's
Memphis Terminal at Memphis, Tennessee. Its operations consist
of receiving gasoline and kerosene in bulk form from outside the
State of Tennessee, storing these products, and distributing them to
points in the States of Tennessee, Arkansas, and Mississippi. During
the 6 months preceding the filing of the petition, the Memphis Ter-
minal received from outside the State approximately 20,000,000 gal-
lons of gasoline and kerosene. About 93 percent of these products
was sold in the State of Tennessee, 2 percent was hauled to the State
of Arkansas by contract haulers, and 5 percent was hauled to the
State of Mississippi by the Company's own drivers.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local Union No. 667, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, is a labor
organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 22, 1945, the Union, by letter, requested that the Com-
pany recognize it as the exclusive bargaining- representative of the
transport truck drivers of the Company at its Memphis Terminal.
The Company has refused such recognition unless and until the
Union is certified by the Board.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents 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 Union contends that all over-the-road transport truck drivers,
excluding city diivers,2 plant workers , office and clerical employees,
supervisors and executives , constitute an appropriate unit. Thek
1 The Field Examiner reported that the Union had submitted four membership cards,
three of which bore names of employees listed on the Company 's August pay roll, and
that there were approximately six employees in the appropriate unit.
It appears from the record that the Company does not employ any city drivers at
Its Memphis Terminal.
144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company raises no question as to the unit, leaving the issue for the
Board's determination.
There is no collective bargaining history at the Company's Mem-
phis Terminal. In August 1945, there were approximately 15
employees working at the terminal, consisting of a terminal superin-
tendent, an assistant terminal superintendent, a chief clerk, 4 rack-
men, 2 laborers or plant workers, and 6 transport truck drivers.
Because of the Company's curtailed use of transport trucks following
the end of the War, the number of drivers had been reduced at the
time of the hearing from 6 to 2. It appears that these 2 drivers will
henceforth constitute a permanent part of the Memphis organization.
The transport truck drivers haul gasoline in transport trucks from
the Terminal to various points designated by the Company, both
inside and outside the State of Tennessee. There is no interchange
of duties between the drivers and the other employees of the Com-
pany who do work typical of their classification. The wage scale of
the transport truck drivers is also different from that of the other
employees. On the basis of the foregoing facts, we are of the opinion
that the transport truck drivers, who belong historically to a clearly
defined craft, may function together for collective bargaining
purposes.3
We find that all over-the-road transport truck drivers of the Com-
pany operating out of its Memphis Terminal, excluding plant workers,
office and clerical employees, executives, and all or any other super-
visory employees with authority to hire, promote, discharge, disci-
pline, 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 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
Labor Relations Board by Section 9 (c) of the National Labor Rela-
8 See Matter of Motor Fuel Carriers, Inc., 62 N. L. R. B. 1439; Matter of All-Ste.
Equip Company , Inc., 60 N. L. It. B. 1308; Matter of English Freight Company, L
N. L It. B. 67; Matter of Sutherland Paper Company , 55 N. L. R. B. 38.
GULF REFINING COMPANY 145
tions 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 Gulf Refining
Company, Memphis, Tennessee, 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 Fifteenth 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 employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing the date of this Direction, including employees who did not work
during 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 those employees 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 or not they desire to be repre-
sented by Local Union No. 667, International Brotherhood of Team-
sters, Chauffeurs, Warehousemen, and Helpers of America, affiliated
with the American Federation of Labor, for the purposes of collec-
tive bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
686572--46-11