Arkansas Fuel Oil Co.

National Labor Relations Board - Board Decisions

Aug 18, 1943

51 N.L.R.B. 1406 (N.L.R.B. 1943)

In the Matter of ARKANSAS FUEL OIL COMPANY and OIL WORKERS
INTERNATIONAL UNION,-C. I. O.
Case No. R-5786.-Decided August -18, 1943
Mr. Robert Roberts, Jr., of Shreveport, La., for the Company.
Mr. H. L. Campbell, of Longview, Tex., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
A
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Oil Workers International Union,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Arkansas Fuel Oil Company, Bossier City, Louisiana, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Earl S . Bellman, Trial
Examiner. Said hearing was held at Shreveport, Louisiana, on July
28, 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.
The Trial Examiner 's rulings made at the hearing are free from prej-
udicial 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
1. THE BUSINESS OF THE COMPANY
Arkansas Fuel Oil Company is a West Virginia corporation en-
gaged in the production and refining of petroleum and petroleum
products. The Company operates in the States of Alabama, Arkansas,
Illinois, Kansas, Louisiana, Mississippi, Ohio, Oklahoma, Pennsyl-
vania, Texas, West Virginia, Georgia, Kentucky, North Carolina,
South Carolina, Tenneseee, and Virginia. We are here concerned with
51 N. L. R. B, No. 224.
1406
ARKANSAS FUEL OIL COMPANY 1407
its plant at Bossier City, Louisiana, where it is engaged in the manu-
facture of grease. During 1942 the Company did a gross volume of
business in the State of Louisiana amounting to $4,250,000, and a gross
volume of business outside the State of Louisiana amounting to
$9,500,000.
H. THE ORGANIZATION INVOLVED
Oil Workers International Union is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of the employees at its Bossier City
grease plant until such time as the Union is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate.,
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
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all employees at the Bossier, City grease plant of the Company,
excluding the superintendent and any other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend such
action, office and clerical employees, and the chemist, constitute a unit
appropriate for the purposes of collective bargaining, within the mean-
ing 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.
'The Regional Director reported that the Union presented 22 membership application
cards bearing apparently genuine signatures of persons nhose names appear on the Com-
pany's pay roll of July 16 1943 , There are approximately 41 employees in the appropriate
unit.
1408 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 9, of National Labor
Relations Board Rules and Regulations-Series 2; as amended, it is
hereby
DmECrED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Arkansas
Fuel Oil Company, Bossier City, 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 employed during the pay-roll period immediately preced-
ing 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 Congress of In-
dustrial Organizations , for the purposes of collective bargaining.
CHAIRMAN Mu.Lrs took no part in the consideration of the above
Decision and Direction of Election.