Standard Oil Co., 967 (1977)

Extract

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Standard Oil Co., 967 (1977)

STANDARD OIL COMPANY

Standard Oil CompanyI and Tank Truck Drivers Independent Union, Inc., Petitioner. Case 9-RC10862

July 19, 1977 DECISION AND DIRECTION OF

ELECTION

BY CHAIRMAN FANNING AND MEMBERS

JENKINS AND PENELLO

Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held on December 2, 3, and 4, 1974, before Hearing Officer Earl L. Ledford. Following the hearing and pursuant to Section 102.67 of the National Labor Relations Board Rules and Regulations and Statements of Procedure, Series 8, as amended, and by direction of the Regional Director for Region 9, this case was transferred to the National Labor Relations Board for decision. Thereafter, the Employer (hereinafter also called the Company) and Petitioner filed briefs.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that no prejudicial error was committed. His rulings are hereby affirmed.

Upon the entire record in this case, the Board finds:

1. The Employer is engaged in commerce within the meaning of the Act, and it will effectuate the policies of the Act to assert jurisdiction herein.

2. The Petitioner claims to represent certain employees of the Company. 2

3. A question affecting commerce exists concerning the representation of employees of the Company within the meaning of the Act.

4. Petitioner seeks to represent a unit of all single tank truck owner-distributors (hereinafter 'commisI The name of the Employer appears as amended at the hearing.

2 The Employer contends that Petitioner is not a labor organization under Sec. 2(5) of the Act inasmuch as art. III of its constitution limits its membership to the 'distributors for Standard Oil Company of Ohio' who, the Employer claims, are not 'employees' within the meaning of the Act. In view of our findings that the distributors herein are employees, we reject the Employer's contention as lacking in merit.

The Employer challenges Petitioner's status as a labor organization on the additional grounds that (I) it does not admit to membership employees of multitruck owner-distributors,...

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