Eastern States Petroleum Co., Inc.

National Labor Relations Board - Board Decisions

Dec 14, 1944

59 N.L.R.B. 948 (N.L.R.B. 1944)

In the Matter 'of EASTERN STATES PETROLEUM CO., INC., AND EASTERN
STATES PETROLEUM COMPANY OF TEXAS and PIPE FITTERS LOCAL
No. 195 OF THE UNITED ASSOCIATION OF JOURNEYMEN PLUMBERS AND
'STEAMFITTERS OF THE UNITED STATES AND CANADA, A. F. L.
In the Matter of EASTERN STATES PETROLEUM CO., INC., AND EASTERN
STATES PETROLEUM COMPANY OF TEXAS and OIL WORKERS INTERNA-
TIONAL UNION, LOCAL No. 227, C. I. O.
Cases Nos. 16-1-987 an,d 16-R-1083, res'ectively.Decided December
14, 1944
Mr. Duncan Neblett, of Houston, Tex., for the Companies.
Mr. W. J. Burkett, of Beaumont, Tex., for the Pipefitters.
Mr. George P. Mwi'rin, of Houston', Tex., for the E. R. P.
Messrs. M. S. McCorquodale and B. F. McClellan, of Houston, Tex.,
for the Council, and the Engineers.
Messrs. Bliss'Da/fan and Clyde Ingram, of Houston, Tex., for the
Oil Workers.
Mr. Clarence C. Reid, of Houston, Tex., for the Boilermakers.
Mr. Ed. Dawley, of Houston, Tex., for the Weldors.
Mr. W. 31. Askins, of Houston, Tex., for the Engineers.
Miss Ruth F. Blie field, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition'duly filed by the Pipe Fitters Local No. i95 of The
United Association of Journeymen Plumbers and Steamfitters of the
United States and Canada, A. F. L., herein called the Pipefitters,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Eastern States Petroleum Co., Inc., and
Eastern States Petroleum Company of Texas, herein called the Com-
panies, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Glenn' L. Moller, Trial Ex-
aminer. Said hearing was held-,at-Houston, Texas, on October 10 and
1-1, 1944. At the commencement of the hearing the Oil Workers Inter-
59 N. L. R. B., No. 182.
948
EASTERN STATES PETROLEUM CO., INC. 949
national Union; Local No. 227, C. I. 0., herein called the Oil Workers,
moved that the petition for investigation and certification, of repre-
sentatives theretofore duly filed by it be consolidated with the Pipe-
fitters' petition for the purposes of hearing and decision . An order of
consolidation was issued by the Board on October 10, 1944, the date of
the hearing , and the two causes joined. The Houston Labor Trades
Council , A. F. L., herein called the Council, the Companies , and the
Eastern States Petroleum Co., Inc., Employees Representation Plan,
herein called the E . R. P., objected to the motion to consolidate and
requested a 3-weeks' continuance . The Trial Examiner overruled the
motions for continuance , but allowed the parties, until October 21, 1944,
to introduce additional evidence . Pursuant to this ruling additional
showings of representation were made by various of the unions in-
volved, as hereinafter set forth , and were incorporated in the record.
The objection to the motion to consolidate and order of consolidation
and the Trial Examiner's ruling on the motion for continuance are
hereby upheld. The Companies , the Pipefitters , the Oil Workers, the
International Brotherhood of Boilermakers , Iron Shipbuilders and
Helpers of America, Local 74, A. F. L., herein called the Boilermakers,
the International Union of Operating Engineers , A. F. L., herein called
the Engineers ; the Council ; the,Weldors , Cutters and Metal Fabrica-
tors Union , affiliated with the United Brotherhood of Weldors , Cutters
and Helpers of America , herein called the Weldors ; and the E. R. P.
appeared and participated in the hearing. 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 opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
Eastern States Petroleum Co., Inc., a Delaware corporation licensed
to do business in the State of Texas, operates an oil refinery in Houston,
Texas, hereinafter called Plant 1. During the 6-month period ending
July 31, 1944, Plant 1 manufactured finished products valued in
excess of $1,000,000, approximately 75 percent of which was sold and
shipped to points outside the State of Texas. During the same period
raw material valued in excess of $1,000,000 was used, approximately 5
percent of which was shipped to Plant 1 from points outside the State
of Texas.
Eastern States Petroleum Company of Texas, a Texas corporation,
hereinafter called Plant 2, is a wholly owned subsidiary of the Dela-
950 DECISIONS OF NATIONAL I:ABOR RELATIONS BOARD
ware company. The Texas company was set up for bookkeeping and
accounting purposes at the suggestion of Defense Supply Corporation,
which owns the buildings and equipment of Plant 2. Plant 2 operates
a 100-octane gasoline unit located, about one-half mile f'r`om Plant 1.
All of the charging stocks and components processed at Plant 2 are
piped to that plant from Plant 1. Since it began operations in March
1944, Plant-2 has produced 100-octane gasoline valued in excess of
$1,000,000, all of which has been delivered to various agencies of the
United States Government for use in the war effort. All of the by-
products of the 100-octane gasoline are piped back to Plant 1, where
they are further processed in order to make them suitable for commer-
cial purposes.
The Companies admit that they are engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
It was stipulated by the parties at the' hearing that Pipe Fitters Local
No. 195 of The United Association of Journeymen Plumbers and
Steamfitters of the United States and Canada, A. F. L.; Oil Workers
International Union, Local No. 227, C. I. 0.; Houston Labor and
Trades Council, A. F. L.; Eastern States Petroleum Co., Inc., Em-
ployees Representation Plan; International Brotherhood of Boiler-
makers, Iron Shipbuilders and Helpers of America, Local 74, A. F. L.;
International Union of Operating Engineers, A. F. L.; and the
Weldors, Cutters and Metal Fabricators Union, affiliated with the
United Brotherhood of Weldors, Cutters and Helpers of America,
are labor organizations admitting to membership employees of the
Companies.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
The Pipefitters and the Oil Workers each requested the Companies
to recognize them as the exclusive bargaining representative of the
Companies' employees in the units which they allege to be appropriate.
Both requests were refused by the Companies, and the petitions in-
volved herein were thereupon filed.
An examination of the evidence upon which the claims for repre-
sentation are based by the Oilworkers, the E. R. P., the Council, and
Weldors, leads us to the conclusion that no sufficient showing has been
made by any of these unions among the employees involved to warrant
further investigation. Pursuant to the stipulation of the parties at the
hearing a Supplemental Report on Investigation of Interest of Con-
tending Labor Organizations was submitted by the Trial Examiner,
and made a part of the record herein. This report indicates that the
EASTERN STATES PETROLEUM CO., INC. '951
Council, which represents the consolidated stand' of the Pipefitters,
Boilermakers, and Engineers, and the Council, has submitted a total
of 108 authorization cards bearing signatures of persons listed on the
Companies' pay roll, which pay roll contains the names of 589 persons
in the unit alleged by the Council to be appropriate. The Oil Workers
has submitted a total of 73 authorization cards bearing signatures of
persons listed on the pay roll, which contains the names of 276 em-
ployees in the unit alleged by it to be appropriate, and the showing of
the Weldors amounts to approximately 6 percent of the employees in
the unit it alleges to be appropriate. Since the E. R. P. is presently
operating under an oral contract with the Companies no showing of
representation was required from this organization.
We find that no question has arisen concerning the representation
of employees of the Companies within the meaning of Section 9 (c) of
the Act, and shall order that the petitions be dismissed.
ORDER
Upon the basis of the foregoing findings of fact, the National Labor
Relations Board hereby orders that the petitions for investigation and
certification of representatives of employees of Eastern States Petro-
leum Co., Inc., and Eastern States Petroleum Company of Texas, filed
,by Pipe Fitters Local` No. 195 of The United Association of Journey-
men Plumbers and Steamfitters of the United States and Canada, A.
F. L., and Oil Workers International Union, Local No. 227, C. I. 0., be,
and they hereby are dismissed.
'The Pipefitters originally petitioned for a craft unit, and the Engineers and Boiler-
makers intervened seeking similar units At the hearing they requested a production and
maintenance unit, with the Council representing them on the ballot. Subsequently, in a
letter dated November 2, 1944, which was after the close of the hearing and after the period
for filing briefs or exceptions , and therefore untimely, the'Pipefitters requested that it be
allowed to revert to the original position as stated in its petition . No notice of this change
of position was given the other parties, and there is insufficient evidence in the record
concerning this contention, because of the position taken by the Pipefitters at the hearing.
,The request is therefore denied.