Tidewater Associated Oil Co.

National Labor Relations Board - Board Decisions

Aug 5, 1941

33 N.L.R.B. 1084 (N.L.R.B. 1941)

In the Matter of TIDEWATER ASSOCIATED OIL Co. and WAREHOUSE
DRIVERS & HELPERS, LOCAL 117, CHARTERED BY INTERNATIONAL
BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN &
HELPERS OF AMERICA, A. F. L.
Case No. R-2743.-Decided August 5, 1941
Jurisdiction : petroleum products refining and selling industry.
Investigation and Certification of Representatives : existence of question: Com-
pany refused to bargain with the union until its majority had been established
by secret ballot ; election necessary. .
Unit Appropriate for Collective Bargaining : plant men, excluding supervisory
employees, at the Company's receiving dock ; no controversy as to.
Eggerin,an ct Rosling, by Mr. E. L. Rosling, of Seattle, Wash., for
the Company.
Mr. Samuel B. Bassett, of Seattle, Wash., for the Union.
'Mr. Dan M. Byrd, Jr., of counsel to the Board.
DECISION'
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 11, 1941, Warehouse -Drivers & Helpers, Local 117, char-
tered by International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen & Helpers of America, A. F. L., herein gilled' 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 Tidewater
Associated Oil Co., herein called the Company, at its receiving dock
at 1733 South Alaskan Way, Seattle, Washington, and requesting an
investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On July 3, 1941, 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 investiga-
tion and authorized the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice.
33 N. L R. B., No. 187.
1084
TIDE'WAT'ER. ASSOCIATED OIL CO. 1085
On July 7, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on July 14, 1941, at Seattle,
Washington, before Patrick H. Walker, the Trial Examiner duly
designated by the Acting Chief Trial Examiner. The Company and
the Union were represented by counsel, and participated in the hear-
ing. Full opportunity to be heard, to examine and cross-examine
witnesses and to introduce evidence bearing on the issues was afforded
all parties. During the course of the hearing the Trial Examiner
made several rulings on motions and on objections to the admission of
evidence. The Board has reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings
are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Tidewater Associated Oil Co. is a Delaware corporation, main-
taining its principal place of business in Wilmington, Delaware.
It is engaged in the producing, manufacturing, and selling, inter
olio, of crude oil and the refined products of petroleum. Its nation-
wide operations are conducted in three divisions, one of which, the
Associated or Western Division, .includes the Seattle, Washington,
receiving dock herein involved.
The Company utilizes a fleet of six ocean-going tankers to trans-
port refined products and fuel oil from its two refineries in Califor-
nia, and from other points, to marine terminals of the Company,
or its customers, located in the States of Washington, Oregon, and
California, at points in the Hawaiian Islands, and at Manila in the
Philippine Islands. During the calendar year 1939, the Company
handled in excess of 49 million barrels of crude oil and refined
products of which approximately 20 million were transported by
company tankers. Approximately 6 million barrels of the total
amount were transported from points in California to points outside
that State. During the first 6 months of 1940, the Company handled
in excess of 28 million barrels of crude oil and refined products of
which approximately 11 million barrels were transported by,its tank-
ers. All petroleum products sold and distributed by the Company
in the State of Washington originate from points outside the State
of Washington. During the year 1940, the Company sold and deliv-
ered petroleum products within the State of Washington amounting
to approximately 7 million dollars. The value of products shipped
from' the State of Washington to points outside that State is equal
to less than 1 per cent of the total value of sales by the Company
1086 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
within the, State during the year 1940. The Company did not con-
test the jurisdiction of the Board.
II. THE ORGANIZATION INVOLVED
Warehouse Drivers & Helpers, Local 117, chartered by Interna-
tional Brotherhood of Teamsters, Chauffeurs, Warehousemen &
Helpers of America, A. F. L., is a labor organization admitting to
membership plant men employed by the Company.
III. THE QUESTION CONCERNING REPRESENTATION
About the end of February, or the first of March 1941, the Union
asked the Company for bargaining rights and presented a contract.
Sales Agent Smith informed the Union that he had no authority
to act upon the request, adding that he would forward the contract
to the main office. Approximately a month later the Union was
informed that no action had been taken pending the return of offi-
cials with authority to act. The Union called upon the Company
a third time. This conference being inconclusive, the petition was
filed alleging that the Company would not bargain with the Union
until its majority had been established by secret ballot.
A statement of the Field Examiner introduced in evidence shows
that a substantial number of employees in the unit hereinafter found
to be appropriate designated the Union as their representative for
the purposes of collective bargaining?
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company de-
scribed in Section I, above, has a close, intimate, and substantial rela-
tion to trade, traffic, and commerce among the several States, and tends
to lead to labor disputes burdening and obstructing commerce and the
free flow of commerce.
V. THE APPROPRIATE UNIT
The Union alleged in its petition, and requested at the hearing,
a unit of plant men, excluding supervisory employees, at the Com-
1 The Field Examiner reported that the Union submitted 14 membership applications, of
which 13 bore apparently genuine signatures of persons whose names appeared on the
Company 's pay roll of May 24, 1941 .- The Field Examiner further reported that the Com-
pany ' s pay roll of May 24, 1941 , contained the names of 20 employees in the alleged
appropriate unit.
TIDEWATER ASSOCIATED OIL CO. 1087
pany's receiving dock at 1733 South Alaskan Way. The Company
did not contest the appropriateness of this unit.
We find that plant men at the receiving dock of the Company,
1733 South Alaskan Way, excluding supervisory employees, con-
stitute a unit appropriate for the purposes of collective bargaining
and that such unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise effectuate' the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot.
The Union requested that the Company's pay roll of April 11,
1941, the date the petition was filed, be used to determine eligibility
to vote in the election. The company opposed this request, suggest-
ing that any future date suitable to the Board and the Union would
be agreeable. It appeared at the hearing that three employees fall-
ing within the unit at the time the petition was filed have now been
promoted or transferred to duties not performed by those within
the unit and that their places have been filled by new employees. The
record did not disclose the Company's reason for the transfer of the
three men in question. -
Under the circumstances, we shall, in accordance with our usual
practice, direct that all employees in the appropriate unit who were
employed' by the Company during the pay-roll period. immediately
preceding the date of the Direction of Election herein, subject to
such limitations and additions as are set forth in the Direction
hereinafter, shall be eligible to vote. -
Upon the basis of the above findings 'of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW,
1. A question affecting commerce has arisen concerning the repre-
sentation of employees at the receiving dock of Tidewater Associated
Oil Co., 1733 South Alaskan Way, Seattle, Washington, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All plant men at the receiving dock of the Company, 1733 South
Alaskan Way, Seattle, Washington, excluding supervisory employ-
ees, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
1088' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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-
tions Act and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DmECT1;D that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with the Tidewater Associated Oil Co., Seattle, Washington, 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 Nine-
teenth 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 plant men at the receiving dock of the
Company, 1733 South Alaskan Way, who were employed during the
pay-roll period immediately preceding the date of this Direction,
including employees who did not work during such 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 exclud-
ing supervisory employees, and employees who have since quit or
been discharged for cause, to determine whether or not they desire to
be represented by Warehouse Drivers & Helpers, Local 117, chartered
by International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers of America, A. F. L., for the purposes of collective
bargaining. i