Tide Water Associated Oil Co.

National Labor Relations Board - Board Decisions

Apr 13, 1942

40 N.L.R.B. 492 (N.L.R.B. 1942)

In the Matter of TIDE WATER ASSOCIATED OIL COMPANY , ASSOCIATED
DIVISION and GENERAL TEAMSTERS , AUTO TRUCK DRIVERS AND HELP-
ERS, LOCAL No. 162, CHARTERED BY THE INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN AND HELPERS,
AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case, No. R-3694.-Decided April 13, 1942
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Thomas P. Graham Jr., for the Board.
Mr. W. F. Kiessig, of San Francisco , Calif., for the Company.
Mr. Marvin C. Mayo, of Portland, Oreg., for the Union.
Mr. A. Swrnner Lawrence, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On December 24, 1941, General Teamsters, Auto Truck Drivers
and Helpers, Local No. 162, Chartered by the International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and Helpers, affiliated
with the American Federation of Labor,' herein called the Union,
filed with the Regional Director for the Nineteenth Region (Seattle,
Washington) a petition alleging that a question affecting commerce
had arisen concerning the representation of employees of Tide Water
Associated Oil Company, Associated Division,2 San Francisco, Cali-
fornia,3 herein called the Company, engaged in the business of pro-
ducing, refining, transporting, and marketing petroleum products,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49
i lncoi rectly described in the petition and some of the formal papers as "General
Teamsters , Local #162, AFL'
2 Incoi rectly described in the petition and, some of the formal papers as "Tide Water
Associated Oil Co "
- 3It was stipulated by the parties that the main office of the Associated Division of the
Company is in San Fiancisco , California . The petition alleged the address of the
Company as Portland, Oregon
40 N. L. R. B., No. S.
492
TIDE WATER ASSOCIATED OIL COMPANY 493
Stat. 449, herein called the Act. On March 10, 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 March 9, 1942, the Company, the Union, and the Re-
gional Director entered into a "Stipulation for Certification Upon
Consent Election."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on March 17, 1942, under the direction and supervision of the
Regional Director, among the following employees to determine
whether or not they desired to be represented by the Union : all plant
employees of the Company at its Linton, Oregon, plant, including
tank-truck salesmen, package-truck salesmen, transport drivers, plant
men including warehousemen, marine service station operators, dock-
men, gaugers, loaders, night watchmen, and plant foremen, but ex-
cluding the plant superintendent, office personnel, and heating and
pump engineers. On March 20, 1942, the Regional Director issued
and duly served upon the parties his Election Report on the.ballot.
No objections to the conduct of the ballot or the Election Report have
been filed by any of the parties.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list ______________________________________ 37
Votes cast for General Teamsters , Auto Truck Drivers and
Helpers , Local No. 162, AFL_____________________________ 24
Votes cast against General Teamsters , Auto Truck Drivers
and Helpers , Local No. 162 AFL___________________________ 6
Total ballots challenged_____________________________________ 0
Total void ballots ------------------------------------------- 0
Total valid votes cast_______________________________________ 30
Total on eligibility list not voting ____________________________ 7
Upon the basis of the stipulation, the Election Report, and the entire
record ip the case, the Board makes the following:
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Tide Water Associated Oil Company, Asso-
ciated Division, San Francisco, California, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor Rela-
tions Act.
2. All plant employees of the Company at its Linnton, Oregon,
plant, including tank-truck salesmen , package-truck salesmen , trans-
494 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
port drivers , plant men including warehousemen , marine service sta-
tion operators , dockmen, gaugers , loaders, night watchmen , and plant
foremen, but excluding the plant superintendent , office personnel, and
heating and pump engineers , constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the National Labor Relations Act.
3. General Teamsters , Auto Truck Drivers and Helpers, Local No.
162, Chartered by the International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen and Helpers , affiliated with the American Fed-
eration of Labor , has been designated and selected by a majority of the
employees in the above unit as their representative for the purposes
of collective bargaining and is the exclusive representative of all em-
ployees in said unit , within the meaning of Section 9 ( a) of the Na-
tional Labor Relations Act.
CERTIFICATION 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,
IT IS HEREBY CERTIFIED that, General Teamsters , Auto Truck Drivers
and Helpers, Local No. 162, Chartered by the International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and Helpers, affiliated
with the American Federation of Labor, has been designated and
selected by a majority of all plant employees of the Company at its
Linnton, Oregon, plant, including tank-truck salesmen, package-truck
salesmen , transport drivers , plant men including warehousemen, ma-
rine service station operators, dockmen, gaugers, loaders, night watch-
men, and plant foremen, but excluding the plant superintendent, office
personnel , and heating and pump engineers, as their representative
for the purposes of collective bargaining and that, pursuant to the
provisions of Section 9 (a) of the Act, General Teamsters, Auto Truck
Drivers and Helpers, Local No. 162, Chartered by the International
Brotherhood of Teamsters , Chauffeurs , Warehousemen and Helpers,
affiliated with the American Federation-of Labor, is the exclusive rep-
resentative of all such employees for the purposes of collective bar-
gaining in respect to rates of pay , wages, hours of employment, and
other conditions of employment.