The Standard Oil Co.

National Labor Relations Board - Board DecisionsSep 13, 1943

52 N.L.R.B. 559 (N.L.R.B. 1943)

In the Matter of THE STANDARD OIL COMPANY, AN OFIIO CORPORATION and Ou.. WORKERS INTERNATIONAL UNION, LOCAL 346, C. I. O. Can No. B-5641.-Decided September 13, 19J13 Mr. Maurice Hanning, of Cleveland, Ohio, for the Company. Edward Lamb, by Mr. Lowell Goerlic1, of Toledo, Ohio, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Oil Workers International Union, Local 346, C. 1. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of The Standard Oil Company, an Ohio corporation, Toledo, Ohio, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before William O. Murdock, Trial Examiner. Said hearing was held at Toledo, Ohio, on July 7, 1943. The Company and the 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. At the close of the hearing counsel for the Company moved to dismiss the petition. The Trial Examiner reserved ruling. The motion is hereby denied. The Trial Examiner's rulings made at the hearing 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 The Standard Oil Company is an Ohio corporation with its principal office in Cleveland, Ohio. The Company is engaged in producing, transporting, refining, and marketing gasoline, oil, kerosene, motor 52 N. L. R. B., No. 92. 559 560 DECISIONS OF NATIONAL LABOR RELATIONS BOARD oils, industrial lubricants, asphalt, and fuel oil. During 1942 the Company and its subsidiary, Latonia Refining Corporation, produced and marketed refinery products valued in excess of $75,000,000. Approximately 8 percent of the products produced by the Company was shipped to points outside the State of Ohio, and all the products produced by Latonia Refining Corporation was shipped to points outside the State of Kentucky. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Oil Workers International Union, Local 346, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 18, 1943, the Union requested the Company to recognize it as the exclusive collective bargaining representative of the guards employed by the Company. The Company refused this request. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a substan- tial number of employees in the unit hereinafter found to, be appropriate." ' IV. THE APPROPRIATE UNIT The Union contends that all guards and watchmen at the Toledo refinery of the Company, excluding supervisory employees, constitute an appropriate unit. The Company contends that plant-protection employees do not constitute an appropriate unit because they are sworn United States auxiliary military police. The Company employs 39 guards and watchmen, all of whom are armed and sworn United States auxiliary military police. The United States Army has formulated certain employment standards applicable to the plant-protection employees. Nevertheless, these employees are hired and paid by the Company, and in all essential respects the customary employer-employee relationship is preserved. In view of these facts, and for the reasons stated in the Dravo case, we find no merit in the Company's contention.2 We find that all guards and watchmen at the Toledo refinery of the Company, excluding all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the 1 The Field Examiner reported that the Union presented 23 authorization cards bearing apparently genuine signatures of persons whose names appear on the Company 's pay roll, of June 14, 1943 . There are 38 persons in the appropriate unit. 2 See Matter of Drano Cotporatlon , 52 N. L R. B 322 , and cases cited therein. THE STANDARD OIL COMPANY 561 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 means of an election by secret ballot among the 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The- Standard Oil Company, an Ohio Corporation, Toledo, Ohio, 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 Eighth 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 Regula- tions, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period imme- diately preceding 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 any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Oil Workers International Union, Local 346, affiliated with the Con- gress of Industrial Organizations, for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.