Tidewater Associated Oil Co.

National Labor Relations Board - Board Decisions

Nov 25, 1941

36 N.L.R.B. 1263 (N.L.R.B. 1941)

In the Matter of TIDEWATER ASSOCIATED OIL COMPAN Y (ASSOCIATED)
DIVISION) and TIDEWATER ASSOCIATED PETROLEUM WORKEI1S
Case No. R--3253.Decided November 25, 19./1
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon cross-check
dlr. TV. F. Kiessig, of San Francisco, Calif., for the Company.
Mr. Russel E. Parsons, of Los Angeles, Calif., for the Union.
Mr. Ralph S. Clifford, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 29, 1941, and on November 6, 1941, Tidewater Asso-
ciated Petroleum Workers, herein called the Union, filed with the
Regional Director for the Twenty-first Region (Los Angeles, Cali-
forma) a petition and an amended petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Tidewater Associated Oil Company (Associated Division),
San Francisco, California, herein called the Company, engaged in
the business of producing, refining, transporting, and marketing petro-
lelun products, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On October 16, 1941,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c), of the Act, and Article III, Section 10 (b),
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
clue notice. On October 17, 1941, the Company and the Union entered
into a "Stipulation for Certification upon Cross-Check" of the Com-
pany's pay roll and the Union's membership cards.
' The Tidewater Associated Oil Company of California is divided into several divisions,
one being the Associated Division , with its principal place of business located in San
Francisco , California This proceeding is concerned only with the Associated Division
36 N L R I3 , No 255
1263
1264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the stipulation, a cross-check by comparison of the
Union's membership cards with a list of the names of employees
of the Company as of October 14, 1941, was made under the super-
vision of the Regional Director, to determine the number of sales-
men, truck salesmen, plant men (bulk sales), accounting employees,
service-station employees and order clerks employed in the Los An-
geles, San Pedro, Burbank, and Oxnard sales agencies of the Com-
pany, excluding supervisory employees, who desired to be represented
for the, purposes of, collective bargaining by the Union. On October
27,1941, the Regional Director issued and duly served upon the parties,
his report of the results of the cross-check.' No objections to the report
have been filed by any of the parties.
In his report the Regional Director reported that the comparison
of the Union's membership cards with the list of the names of em-
ployees of the Company in the stipulated unit, as of October 14, 1941,
showed that of 128 eligible employees, 100 are members of the Union.
Upon the basis of the stipulation, the report of the Regional Director
on the results of the cross-check, and the entire 'record in the case, the
Board makes the following:
FINDINGS•OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Tidewater Associated Oil Company (Associ-
ated Division) employed in its Los Angeles, San Pedro, Burbank, and
Oxnard sales agencies, within the meaning of Section 9 (c) and 2 (6)
and (7) of the Act.
2. All salesmen, truck salesmen, plant men (bulk sales), accounting
employees, service-station employees, and order clerks employed in
the Los Angeles, San Pedro, Burbank, and Oxnard sales agencies of
the Company, excluding supervisory employees, constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act. _
3. Tidewater Associated Petroleum Workers has been designated
and selected by a majority of the employees in the above-described unit-
as their representative for the purposes of collective bargaining and
is the exclusive representative of all the employees in said unit within
the meaning of Section 9 (a) of the 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 Relations Act,
a The Regional Director titled his report "Notice of Numerical Results of Cross-Check
i
TIDEWATER ASSOCIATED OIL COMPANY 1265
IT IS HEREBY CERTIFIED that Tidewater Associated Petroleum Work-
ers has been designated and selected by a majority of all salesmen, truck
salesmen, plant men (bulk sales), accounting employees, service-station
employees, and order clerks employed in the Los Angeles, San Pedro,
Burbank, and Oxnard sales agencies of the Company, excluding super-
visory employees, as their representative for the purposes of collective
bargaining, and pursuant to the-provisions of Section 9 (a) of the
Act, Tidewater Associated Petroleum Workers is the exclusive repre-
sentative of all such employees for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, and other
conditions of employment.
4331B-42--vol. 36--81