Zone Oil Trucking Corp., Employer And Local 511, Oil Workers International Union, Cio, Petitioner, 541 (1950)

In the Matter of ZONE OIL TRUCKING CORP., EMPLOYER and LOCAL 511,

OIL WORKERS INTERNATIONAL UNION, CIO, PETITIONER Case No. 2-RC-1990.-Decided September 27, 1950 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Jack Davis, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.

Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Houston and Murdock].

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

1. The Employer is engaged in commerce within the meaning of the Act.

2. The labor organization involved claims to represent certain employees of the Employer.

3. A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.

4. The appropriate unit:

The parties agree that all clerical employees in the traffic department of the Employer's Brooklyn, New York, operation, excluding professional employees, watchmen, guards, and supervisors, constitute an appropriate unit. There is disagreement, however, as to whether the dispatchers should be included in the unit, the Employer contending that they should be excluded as supervisors.

The Employer is engaged principally in delivering petroleum products for the Paragon Oil Company, Inc. Functionally, the Employer's business is divided into an operating section, consisting of such employees as truck drivers, loaders, and garagemen,1 and the traffic department, which includes four or five dispatchers, and one or two clerical employees designed as phone clerk, and order clerk 1 The operating section employees are currently represented by the Petitioner.

91 NLRB No. 79.

or assistant to dispatcher.2 The traffic department is separtely located and operates under the immediate supervision of Greve, vice president in charge of traffic.

In practice, Paragon Oil Company sends all its orders for petroleum products to the Employer where they are turned over to the dispatchers for processing. The dispatchers, assisted by clerical employees, prepare traffic sheets showing the trucks to be used, the amount and type of product to be loaded, and the delivery destinations. They also prepare delivery sheets, one of which is given...