General Petroleum Corp.

National Labor Relations Board - Board Decisions

Feb 16, 1949

81 N.L.R.B. 749 (N.L.R.B. 1949)

In the Matter of GENERAL PETROLEUM CORPORATION, EMPLOYER and
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS
AND HELPERS OF AMERICA, FOR AND ON BEHALF OF SUBORDINATE
LODGE No. 718, AFL, PETITIONER
Case No. 21-RC-118
SUPPLEMENTAL DECISION
ORDER
AND
SECOND DIRECTION OF ELECTION
February 16, 194.9
Pursuant to a Decision and Direction of Election,' an election by
secret ballot was conducted on July 21, 1948, under the direction and
supervision of the Regional Director for the Twenty-first Region,
among the employees of the Employer in the voting group described
therein. At the close of the election, the parties were furnished a
Tally of Ballots. The Tally showed the following results :
Approximate number of eligible voters------------------------------- 23
Void ballots--------------------------------------------------------- 1
Votes cast for Oil Workers (CIO) ------------------------------------ 11
Votes cast for Boilermakers (AFL) ----------------------------------- 10
Votes cast against participating labor organizations------------------- 0
Valid votes counted------------------------------------------------- 21
Challenged ballots--------------------------------------------------- 13
Valid votes counted plus challenged votes----------------------------- 34
As the challenged ballots were sufficient in number to affect the
results of the election, the Regional Director conducted an investiga-
tion and thereafter, on October 7, 1948, issued and served upon the
parties a Report on Challenges and Recommendation for Hearing, in
which he recommended that the challenges to two of the challenged
ballots be overruled and that a hearing be held as to the remaining
challenges. The Employer filed exceptions to all the Regional Direc-
tor's recommendations. On November 17, 1948, the Board ordered
that a hearing be held for the purpose of taking evidence on all the
challenges.
177 N. L. R. B. 1380.
81 N. L. R. B., No. 124. 749
750 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to such Order, a hearing was held before a hearing officer
of the National Labor Relations Board on December 17, 1948, at which
representatives of all parties appeared and participated. The hear-
ing officer's rulings made at the hearing are free from prejudicial
error, and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
The voting group described in the original Direction of Election
included boilermakers and boilermaker helpers, but excluded craft
helpers, leadmen, and all supervisors. The Intervenor challenged the
ballots cast by 11 craft helpers because of the Board's specific exclu-
sion of this classification. The Petitioner contends that their votes
should be counted, because their duties and conditions of employment
are exactly like those of the "boilermaker helpers" who were per-
mitted to vote, and because they devote a major portion of their time
to assisting boilermakers.
Contrary to the evidence adduced at the original hearing, to the
effect that 4 employees classified as boilermaker helpers were "regu-
larly" assigned to assist boilermakers, it now appears from the re-
opened record that they, as well as the large group classified merely as
"craft helpers," are shifted as helpers among the various craft groups
as necessity arises. In fact, 2 so-called boilermaker helpers have not
assisted boilermakers at any time during the past 2 years, but have
worked with tinsmiths instead. All the Employer's craft helpers,
totalling about 100, including those who cast challenged ballots and
those classified as boilermaker helpers, constitute a pool of helpers
who share none of the departmental privileges of the various craft
groups. Although the 11 challenged voters, plus 6 or 7 other helpers
who made no attempt to vote, are assigned to work with boilermakers
at the start of a shift about 80 percent of the time, they are often trans-
ferred to work with other craftsmen during the progress of the shift
as work requirements change.
Upon all the evidence now before us, it is clear that none of the
helpers, whether classified as "craft helpers" or as "boilermaker
helpers," are permanently assigned to assist boilermakers, but that
all are transferred among the crafts as need arises. We shall, there-
fore, exclude all helpers from the craft voting group described in our
original Decision and Direction of Election and modify the Decision
accordingly.
The four employees classified as boilermaker helpers, who we have
found should have been excluded, were permitted to vote in the elec-
tion. The record does not disclose how many of them did, in fact, cast
GENERAL PETROLEUM CORPORATION 751
ballots. As it is probable, however, that some of them voted, and as
their ballots, if they voted, were not challenged but were commingled
with the other ballots cast in the election, it is not now possible truly
to determine the results of the election. We shall therefore set aside
the election and direct that a new election be held within the voting
group set forth below.
We shall direct that an election be held among all boilermakers em-
ployed by the Employer at its Torrance, California, refinery, exclud-
ing craft helpers, boilermaker helpers, leadmen,2 and all supervisors 3
as defined in the Act. If, in this election, the employees select the
petitioner, they will be taken to have indicated their desire to con-
stitute a separate bargaining unit; if they select the Intervenor, they
will be taken to have indicated a desired to remain a part of the broader
unit of production and maintenance employees now represented by the
Intervenor.
ORDER
IT IS IIEREBY ORDERED that the election held on July 21, 1948, among
the employees of General Petroleum Corporation, Torrance, Cali-
fornia, be, and it hereby is set aside.
SECOND DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purpose of collective bargaining with General Petroleum Corporation,
Torrance, California, an election shall be conducted as early as pos-
sible, but not later than 30 days from the date of this Direction, under
the direction and supervision of the Regional Director for the Twenty-
first Region, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations-Series 5, as amended,
among the employees in the voting group described above, who were
employed during the pay-roll period immediately preceding the date
of this Second Direction of Election, including employees who did
not work during said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, but excluding those employees who have
2 It is not intended to exclude boilermakers who act as leadmen or as foremen during
emergency shut-downs , as we find that such boilermakers are not supervisors within the
meaning of the Act.
' The Intervenor challenged the ballot of Paul Thibon on the ground that he is a super-
visor. Classified as Boilermaker Layout A, he also acts as temporary boilermaker foreman,
during which time he receives higher pay and exercises the regular foreman's authority.
He also replaces the general foreman when the latter is ill or on vacation During the
6-month period before July 1948 , he worked 96 days as a boilermaker and 87 days as a
foreman. We find that Thibon is a supervisor and hereby exclude him from the voting
group.
S J. Capt, a boilermaker , was also challenged as an alleged supervisor Undisputed evi-
dence shows that he has never acted as a foreman even on a temporary basis, and that he
performs the usual work of Boilermaker Layout A. We find that Capt is not a supervisor.
752 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD
since quit or been discharged for cause and have not been rehired or
reinstated prior to the date of the election, and also excluding em-
ployees on strike who are not entitled to reinstatement, to determine
whether they desire to be represented, for purposes of collective bar-
gaining, by International Brotherhood of Boilermakers, Iron Ship-
builders and Helpers of America, for and on behalf of Subordinate
Lodge No. 718, AFL, or by Oil Workers' International Union, CIO,
or by neither.
MEMBERS HOUSTON and REYNOLDS, took no part in the consideration
of the above Supplemental Decision, Order and Second Direction of
Election.