Chalmette Petroleum Corporation And Oil Workers International Union, Affiliated With Congress Of Industrial Organizations, 679 (1944)

In the Matter of CHALMETTE PETROLEUM CORPORATION and OIL WORKERS INTERNATIONAL UNION, AFFILIATED WITH CONGRESS OF INDUSTRIAL ORGANIZATIONS In the Matter of DOUGrAS PUBrnIC SERVICE CORPORATION and OIL WORKERS INTERNATIONAL UNION, AFFILIATED WITH CONGRESS OF INDUSTRIAL ORGANIZATIONS Cases Nos. 15-R-1181 and 15-R-1197 respectively.-Decided October 2, 191Y Mr. Nicholas Callan, of New Orleans, La., for Chalmette.

Baldwin, Haspel, Molony & Lang, by Mr. L. A. Molony, of New Orleans, La., for Douglas.

Mr. R. W. Starnes, of New Orleans, La., for the CIO.

Mr. Robert Faget, of New Orleans, La., for the AFL.

Mr. Robert Silagi, of counsel to the Board.

DECISION DIRECTION OF ELECTION AND ORDER STATEMENT OF THE CASE Upon petitions duly filed by Oil Workers International Union, affiliated with Congress of Industrial Organizations, herein called the CIO, alleging that questions affecting commerce had arisen concerning the representation of employees of Chalmette Petroleum Corporation, New Orleans, Louisiana, herein called Chalmette, and Douglas Public Service Corporation, New Orleans, Louisiana, herein called Douglas, the National Labor Relations Board consolidated the petilions and provided for an appropriate hearing upon due notice before Leroy Marceau, Trial Examiner. Said hearing was held at New Orleans, Louisiana, on August 24, 1944. The Company, the CIO, and International Union of Operating Engineers, Local Unions Nos.

226,226A, and 226C, herein called the AFL, appeared and participated.

All parties 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 prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board.

During the hearing, and in its brief, Douglas moved to dismiss the petition in Case No. 15-R-1197. Ruling on the motion was reserved by Trial Examiner for the Board. For the reasons hereinafter set forth, the motion is hereby granted.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF CHALMETTE AND DOUGLAS Chalmette Petroleum Corporation is a Delaware corporation maintaining its principal office in New Orleans, Louisiana. Chalmette is engaged in the business of refining petroleum, for which purpose it operates a refinery at Chalmette, Louisiana. During the first half of the year 1944, this refinery secured over 7,000 barrels of petroleum products each month from sources outside the State of Louisiana, which represented 3.4 percent of its total purchases. During the second quarter of 1944, 79 percent of its products, or more than 160,000 barrels each month were shipped to points outside the State of Louisiana.

Douglas Public Service Corporation, a Louisiana corporation, conducts a general warehousing business in the course of which it operates warehouses and bulk liquid terminals in Louisiana, including the one at Chalmette. Each year the merchandise entering Douglas' warehouses and terminals exceeds $50,000 in value and comes from States other than Louisiana. During the same period the merchandise leaving the warehouses and terminals exceeds $50,000 in value and is shipped to States other than Louisiana.

In connection with its oil refinery, Chalmette has several storage tanks located on its premises. Under a contract with Chalmette, the tanks are leased to Douglas which takes possession of the oil pumped into them from the refinery and issues negotiable warehouse receipts therefor. Aside from the fact that Chalmette is...