Socony Vacuum Oil Co., Inc.

National Labor Relations Board - Board Decisions

Nov 6, 1941

36 N.L.R.B. 696 (N.L.R.B. 1941)

In the Matter Of SOCONY VACUUM OIL COMPANY, INC. WHITE STAR-
OHIO DIVISION and OIL WORKERS INTERNATIONAL UNION, DETROIT
LOCAL No. 389
In the Matter Of SOCONY VACUUM OIL COMPANY, INC. WHITE STAR-
OHIO DIVISION and SIGN, PICTORIAL,AND DISPLAY UNION, LoCAL.591,
AFFILIATED WITH THE A. F. L.
In the Matter of SOCONY VACUUM OIL COMPANY, INC. WHITE STAR-
OHIO DIVISION-TRENTON REFINERY and OIL WORKERS INTERNA-
TIONAL UNION, LOCAL 456, AFFILIATED WITH THE C. I. O.
Cases Nos. R-2775 , R-2776 and R-2777-Decided November 6 , 1941
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On August. 13, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceeding,? directing that separate elections by secret
.ballot be conducted among employees of Socony Vacuum Oil Com-
pany, Inc. White Star-Ohio Division, herein called the Company,
in the following groups : 1. among certain employees in the Com-
pany's Detroit Operating and Maintenance Department, to wit
(a) among- all employees in the Detroit Operating and Maintenance
Department, exclusive of, among others, Sign Shop employees, and
(b) among Sign Shop employees; and 2. among certain of the Com-
pany's employees at its Trenton Refinery. Pursuant to the Direction
of Elections, elections by secret ballot were conducted on September
109 1941, under the direction and supervision of the Regional Director
for the Seventh Region (Detroit, Michigan). On September 12 and
23, 1941, respectively, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, prepared and duly served upon
the respective parties his Election Reports.
1 34 N. L. R. B., No. 33.
36 N. L. R. B., No. 150.
696
SOCONY VACUUM OIL COMPANY, INC." 697
As .to the balloting and its . results' concerning the Company's em-
ployees in its Trenton Refinery , the Regional Director reported as
follows:
Trenton Refinery
Total on- eligibility list------------------------------------- 348
Total ballots cast------------------------------------------- 337
Total ballots challenged------------------------------------- 6
Total blank ballots----------------------------------------- 0
Total void'ballots------------------------------------------- 0
Total valid votes cast--------------------------------------- 331
Votes cast for Socony-Vacuum Employees Association of Tren-
ton, Michigan-------------------------------------------- 156
Votes cast for Oil Workers International Union, Local 456,
C. I. 0--------------------------------------------------- 167
Votes cast for Neither-------------------------------------- 8
In his Election Report the Regional Director ruled that the chal-
lenged ballot of one of the; voters, L. K. Katzvinsky, be declared valid.
No objection to this ruling has been filed by any of the parties. As
to the remaining five challenged ballots, the Regional Director ruled
that they be sustained. On September 29, 1941, Socony-Vacuum
Employees Association of Trenton, herein called the Association,
filed Objections to the Election Report, objecting to the ruling of the
Regional Director sustaining, these five challenges. On October 6,
1941, the Regional Director issued a Report on Objections to the
Election Report.
The disputed challenges concern the following employees: William
Rielly, John A.-Kemp; William W. Neubecker, N. H. Seymour, and
R. S. Baxter. The Regional Director sustained all of these chal-
lenges on the ground that the respective voters are clerical employees,
foremen, or engineers, and therefore precluded from voting under our
Direction of Elections.
The,ballot of "William Rielly is challenged on the ground that he
is a foreman. - Rielly is in charge of the' warehouse and is responsible
directly to the plant superintendent:
The ballots of 'John A. Kemp and William Neubecker are chal-
lenged on. the ground that both are clerical employees. The primary
duties=of Kemp and Neubecker consist in. checking out-going petro-
leum products, making out bills of lading, and gauging and recording
the co itents of tanks -from-which-trucks are loaded.
The ballot of N. H. Seymour is- challenged on the ground that
he is an engineer or a foreman. Seymour is employed in the grease-
plant laboratory for the testing of materials. About two-thirds of
his time is spent in routine tests and one-third in research work.
The ballot of R. S. Baxter'is challenged on the ground that he is
an engineer. Baxter is an engineering school graduate. He is
698 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
taking the place of a: corrosion engineer and is chiefly engaged in the
inspection of operating equipment -for efficiency and safety.
In view of all the circumstances the rulings of the Regional Direc-
tor concerning the foregoing challenges as to William Rielly, Wil-
liam Neubecker, John A. Kemp, N. H. Seymour, and R. S. Baxter
are hereby sustained. Since only one of the six challenged ballots
is that of an eligible voter, the election results show that Oil Workers
International Union, Local 456, C. I. 0., has received a majority of
the ballots cast among employees in the appropriate unit at the
Trenton Refinery, and we shall certify that union as the exclusive
representative of such employees.
As to the 'balloting and its results concerning the Company's em-
ployees in the Detroit Operating and Maintenance Department, the
Regional Director reported as follows :
Operating' and Maintenance Employees
Total on eligibility list______________________________________ 266
Total ballots cast___________________________________________ 244
Total ballots challenged_____________________________________ 5
Total blank ballots----------------------------------------- 0
Total void ballots--------------- -!------------------------- 0.
Total valid votes cast____________________.__--_--____-__-_---
Votes cast, for Socony-Vacuum Oil Employees Union No. 1,
239
Independent---------------------------------------------- 107
Votes cast for Oil Workers International Union, Detroit Local
389, C. I. 0---------------------------------------------- 128
Votes cast for Neither --------------------------- ------------ 4
Sign Shop
Total on eligibility list_____ _________________________________ 22
Total ballots cast------------------------------------------- 22
Total ballots challenged__________________________2
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------- 0
Total valid votes cast_______________________________________ 20
Votes cast for ;Sign, Pictorial & Display Union, Local 591, -
A. F. L-------------------------------------------------- 18
Votes cast for Socony-Vacuum Oil Employees Union No. 1,
Independent--------------------------------------------- 2
Votes cast for Oil Workers International Union, Detroit Local
389, C. I. 0----------------------------------------------- 0
Votes cast for None of These Organizations___________________ 0
In its Decision and Direction of Elections 'above referred to the
Board made no final determination as to the appropriate unit or
units, but found "that the employees in the Detroit Operating and
Maintenance Department of the Company described under (a) above,
with or without the inclusion of the Sign Shop employees specified
under (b) above, may properly constitute an appropriate unit, and
SOCONY VACUUM OIL COMPANY IN, : 699
that the Sign Shop employees-_may .properly. constitute a separate
appropriate unit or be merged into a plant-wide unit, for the purposes
of collective bargaining."
Upon the entire record in the case, the Board makes, the following
SUPPLEMENTAL FINDINGS OF FACT
We find that the following groups of employees of the Company
in its Detroit Operating and Maintenance Department constitute
separate units appropriate for the purposes of collective bargaining,
and that said units will insure to the respective employees of the
Company the full benefit of their right to self-organization and to
collective bargaining and will otherwise effectuate the policies of
the Act :
(a) All employees including clerks' routers, assistant cashiers, cash-
ier routers, janitors, janitresses, elevator operators, Trenton bulk
plant truck drivers, Trenton routers, Trenton assistant cashiers, and
other employees working at Trenton, and including gang leaders, but
excluding foremen, assistant foremen, the head cashier, Sign Shop
employees, exclusive of clerks, and all employees in the front office
upstairs at the Avery Avenue plant, and all other supervisory.
employees;
(b) All employees in the Sign Shop, including sign painters, sign
hangers, bulletin board erectors, display men and their helpers, but
excluding foremen and assistant foremen and clerical help. ,
SUPPLEMENTAL CONCLUSIONS OF LAW
1. All employees of the Company in its Detroit Operating 'and
Maintenance Department, including clerks' routers,, assistant cashiers,
cashier routers, janitors, janitresses, elevator operators, Trenton bulk
plant truck drivers, Trenton routers, Trenton assistant cashiers, and
other employees working at Trenton, and including gang leaders, but
excluding foremen, assistant foremen, the head cashier, Sign Shop
employees, exclusive of clerks, and all employees in the front office
upstairs at the Avery Avenue plant, and all other supervisory em=
ployees, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act.
2. All employees in the Sign Shop of the Company's Detroit Oper-
ating and Maintenance Department, including sign painters, sign
hangers, bulletin board erectors, display men and their helpers, but
excluding foremen and assistant foremen and clerical help, constitute
a unit appropriate for the purposes of collective- bargaining within
the meaning of Section 9 (b) of the National Labor Relations Act.
loo DECISIONS ` OF{ NATIONAL LABOR RELATIONS' BOARD
CERTIFICATE OF REPRESENTATIVES
By.- virtue of and pursuant to the. power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and'pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT Is HEREBY CERTIFIED that Oil Workers, International Union, Local
456, affiliated with the C. I. 0., has been designated and selected by a
majority of all employees in the Trenton Refinery of Socony Vacuum
Oil Company, Inc. White Star-Ohio Division, including assistant
foremen, watchmen, janitors, janitresses and cafeteria employees, but
excluding the Trenton bulk plant truck drivers, Trenton routers,
and Trenton assistant cashiers, and other employees of the Detroit
Operating and Maintenance Department working at Trenton, and
also excluding office and clerical help, foremen (but not excluding'
still men ),. engineers , superintendents, and supervisory officials, as
their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, Oil Workers International
Union, Local 456, affiliated with the. C. I. 0., is the exclusive repre-
sentative of all such employees for the purposes of collective
bargaining with respect to rates of pay, wages, hours of employment,
and other conditions of employment;
IT. Is HEREBY CERTIFIED that Oil Workers International Union, Detroit
Local 389, C. I. 0., has been designated and selected by a majority of
all employees in the Detroit Operating and Maintenance Department
of Socony Vacuum Oil Company, Inc. White Star-Ohio Division,
including clerks' routers, assistant cashiers, cashier routers, janitors,
janitresses ,, elevator operators, Trenton bulk plant truck drivers,
Trenton routers , Trenton assistant cashiers, and other employees work-
ing at. Trenton, and including gang leaders, but excluding foremen,
assistant foremen, the head cashier, Sign Shop employees, exclusive
of clerks, and all employees in the front office upstairs at the Avery
Avenue plant, and all other supervisory employees, as their represen-
tative for the purposes of collective bargaining, and that, pursuant to
Section 9 (a) of the Act, Oil Workers International Union, Detroit
Local 389, C. I. 0., is the exclusive representative of all such em-
ployees for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
employment; and
IT IS HEREBY CERTIFIED that Sign, Pictorial and Display Union, Local
591, affiliated with the A. F. L.,. has been designated and selected
by a majority of all employees in the Sign Shop of the Detroit Oper-
ating and Maintenance Department of Socony Vacuum Oil Com-
pany, Inc. White Star-Ohio Division, including all sign painters,
SOCONY VACUUM OIL COMPANY, INC. -701
sign hangers, bulletin board erectors, display men and their helpers,
but excluding foremen, and assistant foremen and clerical help, as
their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, Sign, Pictorial and Display
Union, Local 591, affiliated with the A. F. L., is the exclusive repre-
sentative of all such employees for the purposes of-collective..bargain-
sing with respect to rates of pay, wages, hours of employment, and
other conditions of employment.
MR. GERARD D. REILLY took no part in the consideration of the
above Supplemental Decision and Certification of Representatives.