Troy Refining Corporation, Employer And United Electrical, Radio & Machine Workers Of America, Cio, Petitioner, 1191 (1946)

In the Matter of TROY REFINING CORPORATION, EMPLOYER and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, CIO, PETITIONER Case No. 11-R-1005.-Decided September 5, 1946 Messrs. R. Miller Holland and R. T. Sweeney, of Owensboro, Ky., for the Employer.

Mr. Robert W. D wcan, of Tell City, Ind., for the Petitioner.

Mr. Herbert J. Nester, of counsel to the Board.

DECISION AND DIRECTION STATEMENT OF THE CASE Upon an amended petition duly filed, the National Labor Relations Board, on May 29, 1946, conducted a prehearing election pursuant to Article III, Section 3, of the Board's Rules and Regulations, among the employees in the alleged appropriate unit, to determine whether or not they desired to be represented by the Petitioner for the purposes of collective bargaining.

At the close of the election a, Tally of Ballots was furnished the parties. The Tally reveals that there were approximately 17 eligible voters and that 18 ballots were cast, of which 8 were for the Petitioner, 6 were against, and 4 were challenged.

Thereafter, pursuant to Article III, Section 10, of the Board's Rules and Regulations, an appropriate hearing was held at Tell City, Indiana, on July 9, 1946, before Arthur R. Donovan, Trial Examiner.

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 National Labor Relations Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Troy Refining Corporation, an Indiana corporation with its principal place of business located at Troy, Indiana, is engaged in the re fining of crude oil. Crude oil is obtained by the Employer both from its own wells located adjacent to the refinery, and also from wells located in the Commonwealth of Kentucky. During the past year its purchases of crude oil were valued at in excess of $100,000, over 5 percent of which was shipped from outside the State of Indiana.

During the same period, the Employer produced gasoline, lubricating oils and kerosene valued at in excess of $100,000, over 33 percent of which was sold and shipped to points outside the State of Indiana.

The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act.

2. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer.

3. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit.

   We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9(c) and Section 2 (6) and (7) of the Act.

4. THE APPROPRIATE UNIT We find, in accord with a stipulation of the parties, that all production and...