NLRB v. American Oil Company
| Decision Date | 09 January 1968 |
| Docket Number | No. 15924.,15924. |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. AMERICAN OIL COMPANY, a Maryland corporation, Respondent. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Marcel Mallet-Prevost, Asst. Gen. Counsel, Clarice W. Feldman, Atty., N.L.R.B., Washington, D. C., John R. Tadlock, James J. Cronin, Denver, Colo., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Solomon
I. Hirsh, Atty., N.L.R.B., for petitioner.
Karl H. Mueller, Fort Worth, Tex., Donald L. Hastings, G. S. Spindler, Chicago, Ill., Harold E. Mueller, Fort Worth, Tex., for respondent.
Before SCHNACKENBERG, CASTLE and FAIRCHILD, Circuit Judges.
We are asked by the National Labor Relations Board, petitioner, to enforce its order requiring the American Oil Company, a Maryland corporation, respondent, to inter alia bargain collectively with the charging union, Oil, Chemical and Atomic Workers International, as the representative of the operating and maintenance employees of respondent, including so-called process supervisors.1
The primary question is whether certain employees of respondent were nonsupervisory employees (and therefore subject to collective bargaining contracts), as found by the Board, or whether they were supervisors within the definition of § 2(11) of the National Labor Relations Act, as amended, 29 U.S.C. § 152(11), which reads:
The term "supervisor" means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
The record shows that on September 29, 1964, J. A. Norgaard, manager of the refinery of respondent, issued a bulletin entitled:
Stillmen, Treaters, Pumpers, Engineers on No. 5 P.S., No. 2 FCU, Ultraformer, Central Pump House, Poly Plant, Alky Plant, Boiler Room, Detergent Additives Plant, Sulfurizing Plant, and Asphalt Plant.
This bulletin classified the subject employees as process supervisors, and stated: "They have and shall have and exercise the following authority, duties, and responsibilities:
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