Arkansas Fuel Oil Co.

National Labor Relations Board - Board Decisions

Apr 13, 1943

48 N.L.R.B. 1194 (N.L.R.B. 1943)

In the Matter of ARKANSAS FUEL OIL COMPANY and OIL WORKERS
INTERNATIONAL UNION, C. I. O.
Case No. R-5055-Decided April 13,1943
Jurisdiction : oil producing and refining industry.
Investigation and Certification of Representatives : existence of question: fail-
ure to fulfill consent election agreement ; election necessary.
Unit Appropriate for Collective Bargaining : specifically enumerated classifica-
tions of employees at ten-plants.
Mr. H. L. Campbell, of Longview, Tex., for the Union.
Mr. Joseph, E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Oil `Yorkers International Union, affili-
ated with the C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Arkansas Fuel Oil Company, Shreveport, Louisiana, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before J. Michael Early, Trial
Examiner. Said hearing was held at Shreveport, Louisiana, on March
26, 1943. The Union appeared and participated ; all parties were af-
forded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing upon the issues.' The
Trial Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. TIIE BUSINESS OF TIIE COMPANY
Arkansas Fuel Oil Company is a West Virginia corporation , engaged
in the production, and - refiniiag- of petroleum and petroleum, products,
I Although the Company was served with notice and its representatives were present
and stated that they were available to assist the Board, no tormal appearance was entered
by the company nor did it participate in the hearing.
48 N. L. It. B, No. 143.
1194
ARKANSAS FUEL OIL COMPANY 1195
and marketing of petroleum and petroleum products, tires, tubes and
accessories, and the manufacture and marketing of natural gasoline.
TheCompany owns and operates many properties and plants located
in several-States. The'following plants of the Company are involved
herein, namely, the Waskom plant, Waskom, Texas; the Langston
plant, Homer, Louisiana; the Jefferson plant, Jefferson, Texas; the
'Bistineau plant, Bienville Parish, Louisiana; the East Texas plant,
Greggton, Texas; the Sligo plant, Sligo, Louisiana ; the Smithland
plant, Smithland, Texas; the Shreveport plant, Shreveport, Louisiana;
.the Simsboro plant, Simsboro, Texas; and the Rodessa plant, Rodessa,
Louisiana. The Company admits that during the past year it has
purchased large quantities of raw materials which were shipped to the
foregoing plants from sources outside the States in which they are
located. During the same period the Company shipped large quanti-
ties of finished products from these plants to points in other States.
II. THE ORGANIZATION INVOLVED
Oil Workers International Union, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about February 6, 1943, the Union notified the Company that
it represented a majority of the Company's employees and requested
a bargaining conference. On or about February 11, 1943, the parties
agreed at a conference to hold a consent election under the direction
of the Regional Director for the Sixteenth Region (Fort Worth,
Texas). Shortly thereafter this matter was transferred to the Fif-
teenth Region (New Orleans, Louisiana). Subsequently the Com-
pany notified the Union that it was no longer desirous of determining
the question of representation by means of a consent election. On
February 15, 1943, the Union filed its petition.
A,statement prepared by the Regional Director, introduced in evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appro-
priate.'
We find that a question affecting commerce has'arisen concerning the
representation of employees of the Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor Rela-
tions Act.
2 The Regional Director ' s statement shows that the Union submitted 74 authorization
cards , all of which bear apparently genuine signatures , and 70 of which bear names of per-
sons whose names appear on the Company pay roll of February 28, 1943. All the cards
were dated between December 1942 and February 10, 1943 . There are approximately 124
employees in the appropriate unit.
1196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
We find, in accordance with the request of the Union to which the
Company makes no objection, that all oilgrs, utility truck drivers,
operators, truck drivers, firemen, laborers, repair men, welders, blend-
ers, carpenters, loading men, mechanics, relief operators, metermen,
relief firemen, operator,-mechanic, gas tester, chartmen, chartwomen,
apprentice"laboratory man, chart checker, pipe fitter, utility man, and
chief operator employed by the Company at the following plants,
namely, the Waskom plant, Waskom, Texas; the Langston plant,
Homer, Louisiana; the Jefferson plant, Jefferson, Texas; the Bistineau
plant, Bienville Parish, Louisiana; the East Texas plant, Greggton;
Texas; the Sligo plant, Sligo, Louisiana; the Smithland plant, Smith-
land, Texas; the Shreveport plant, Shreveport, Louisiana; the Sims-
boro plant, Simsboro, Texas; and the'Rodessa plant, Rodessa, Louisi-
ana, but excluding supervisory and clerical employees, plant clerks,
chemists, construction foreman, plant superintendents, stenographers,
chief clerk, plant engineer, and field foreman, constitute a unit appro-
priate 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of our Direction of Election
herein, subject to the limitations and additions set forth in said
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 Arkansas Fuel
Oil Company, Shreveport, Louisiana, 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 Fifteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, who were
ARKANSAS FUEL' OIL COMPANY 1197
employed during the pay-roll period immediately 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,
affiliated with the C. I. 0., for the purposes of collective bargaining.