Gulf Oil Corp.

National Labor Relations Board - Board Decisions

Feb 4, 1943

47 N.L.R.B. 327 (N.L.R.B. 1943)

I
In the Matter of GULF OIL CORPORATION (PORT ARTHUR REFINERY)
and OIL WORKERS INTERNATIONAL UNION, LOCALS 23 AND 254, AND
'OIL WORKERS ORGANIZING COMMITTEE, LOCAL 1003
I
Case No. R-47,39.-Decided February 4, 19413
Jurisdiction : oil refining industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord petitioner recognition until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : operating and maintenance em-
ployees at one refinery of the Company, excluding employees in units previously
established and other specified groups
Practice-and Procedure : motion of intervenors to,dismiss the petition insofar
as it related to employees in groups which had been previously certified by the
Board, or designated pursuant to a consent election agreement, as bargaining
units, gi anted.
Messrs. Eldon Young, of Houston, Tex., and B. H. Barnes, of Port
Arthur; Tex., for the Company. ,
Messrs. Arthur J. Mandell, of Houston, Tex., Clyde Johnison, of
Goose Creek, Tex., Ray T. Aylor, H. P. Medler, F. H. Mitchel, all of
Port Arthur, Tex.,,for the O. W. I. U.
Messrs. Carl Huhndor f f, of Port Arthur, Tex., and Earl H.
Spencer, of Nederland, Tex., for the I. A. M.
Messrs. D. V. Roegels and Joe A. Verret, both of Port Arthur, Tex.,
and G. C. Gadbois, of Tulsa, Okla., for the I. B. E. W.
Messrs. H. V. Smith and E. R. TVinstel, both of Port Arthur, Tex.,
for the Boilermakers.
Mr. A. B. Cranor, of Shreveport, La., for the B. R. T.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION'
STATEMENT OF THE CASE
Upon petition duly filed by Locals 23 and 254, Oil Workers Interna-
tional Union, C. I. 0., and Oil Workers Organizing Committee, Local
1003 (C. 1.0.) ,1 herein called the O. W. I. U., alleging that a question
affecting commerce had arisen concerning the representation of
47 N. L R. B, No. 39.
327
328 DEG'IICIION'S OP NATIONAL LABOR RELATIONS BOARD
employees of Gulf Oil Corporation (Port .Arthur Refinery), Port
Arthur, Texas, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice be-
fore Elsner Davis, Trial Examiner. Said hearing was held at Port
Arthur, Texas, on January 4, 1943. The Company, the O. W. I. U.,
International Asociation of Machinists, Port Arthur,Local No. 823,
herein called the I. A. M., International Brotherhood of Electrical
Workers, Locals Nos. 390 and 457, herein called the I. B. E. W., Broth-
erhood of Boilermakers, Iron Shipbuilders, Welders & Helpers of
America, Port Arthur, Texas, Local 305, herein called the Boiler-
makers, and Brotherhood of Railroad Trainmen, herein called the
B. R. T., appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues? In their motions to intervene 2 the
I. A. M., the B. R. T., the I. B. E. W., and the Boilermakers moved
to dismiss the petition of the O. W. I. U. insofar as it-related to the
groups represented by them, on the ground that the O. W. I. U. did
not have substantial interest in these groups. During the hearing
the O. W. 1. U. moved to dismiss the motions of the I. A. M.,
the B. R. T., the I. B. E. W., and the Boilermakers on the ground that
the units sought by them were inappropriate, and that the B. R. T., in
particular, was barred by its constitution and bylaws from admitting
to membership engineers, firemen, and conductors. The Trial Ex-
aminer reserved rulings on these motions for the Board. For the"
I easons appearing below, the motions of the I. A. M., the B. R. T., the
I. B. E. W., and the Boilermakers are granted, and the motion of the
0; W. I. U. is denied. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
The I. A. M., the B. R. T., and the O. W. I. U. filed briefs, which the
Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I
1. THE BUSINESS OF THE COMPANY
- Gulf Oil Corporation, a Pennsylvania corporation, is engaged in all
branches of the petroleum industry, producing and marketing over
650 different petroleum products in various States, the sales of which
are handled through approximately 1,100 plants and 35,000 retail
outlets. The Company controls extensive production, pipe line, re-
fining, marine and marketing facilities, which carry its products
'Beaumont Metal Trades Council, International Union of Operating Engineers (AFL),
and United Laboratory Workers were duly notified of the instant proceeding , but did not
appear or participate.
2 The I B. E. W. made a "motion to amend petition " which in effect was a motion to
intervene.
GULF OIL CORPORATION (PORT ARTHUR REFINERY) 329
among the several States, and to foreign countries. The Company
operates refineries at Port Arthur, Texas, and other places, and has
sales offices in various major cities. We are concerned in this pro-
ceeding with the Company's operations at its refinery at Port Arthur,
Texas. Said refinery is engaged in the refining of crude oil and the
production of gasoline, kerosene; fuel oil, lubricating oil, and other,
petroleum products. It receives approximately 3,420,000 barrels of
crude oil per month, of which approximately 25 percent is received
from points outside of the State of Texas: It products a monthly
average of approximately 1,320,000 barrels of gasoline, 160,000 barrels
of kerosene, 540,000 barrels of furnace oil, 330,000 barrels of lubricat-
ing oil, and 1,800,000 pounds of various types of grease, over 50 per-
cent of which are sold at points outside the State of Texas. In addi-
tion, it has terminal facilities for loading railroad tank cars, and for
loading, deep water vessels. The Company admits that it is engaged
in commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Oil Workers International Union, Locals 23 and 254, and Oil
Workers Organizing Committee, Local 1003, are labor organizations
affiliated with the Congress-of Industrial Organizations, admitting to
membership employees of the Company.
International Association of Machinists, Local 823, is a labor organi-
zation affiliated with'the American Federation of Labor, admitting
to membership employees of the Company.
International Brotherhood of Electrical Workers, Locals Nos. 390
and 457 are labor organizations affiliated with the American Federa-
ion of Labor admitting to membership employees of the Company.
International Brotherhood of Boilermakers, Iron Shipbuilders &
Helpers of America, Local 305, is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
Brotherhood of Railroad Trainmen is an unaffiliated labor organl
zation, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The O. W. I. U., by letter dated November 10, 1942, requested recog-
nition from the Company as exclusive bargaining agent for the produc-
tion and maintenance employees at the Port Arthur Refinery.3 The
Company replied on November' 14, 1942, stating that it could not
extend recognition until the Board had certified the O. W. I. U. as
the bargaining representative for the above-mentioned employees.
I
3 Production employees are classified by the Company as "operating " employees. We
shall refer to them as such hereafter.
330 DEiCISIONS OF NATIONAL LABOR RELATIONS BOARD
A statement of the Trial Examiner, introduced in evidence at the
hearing, indicates that the O. W. I. U. represents a substantial number,
of employees in the unit hereinafter ifound appropriate.4
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
On July 14, 1938, a consent election agreement was executed by all
parties in the instant case except the Boilermakers, and with the Brick-
layers Mason & Plasterers International Union of America, herein
called the Bricklayers, with the approval of the Board. This agree-
ment provided for separate elections to be conducted among the operat-
ing and maintenance employees of the Company 5 in the following
groups: .
(A) . . . machinists, machinists' helpers, apprentices and
handy men . . . to determine whether they desire to be repre-
sented by the [I. A. M.] or by the [0. W. I. U.], . . . or by
neither.
,(B) . . . first class and second class electricians , first and
second linesmen , maintenance electricians or trouble shooters,
4 The Field Examiner reported that the, Company's pay roll of November 1942, was to,
be considered as containing names equalling 100 percent . The unit sought by the 0 W.
,I U equalled 84 14 percent of such names.
The following chart, listing only apparently genuine original signatures appearing upon
the said pay roll, indicates in percentages the number of designation cards submitted by
the labor organizations in the particular units which they-contend to be appropriate.
Labor organization - O W ;I Uunit
Boilermakers
unit
I A M
unit
I B E W.
unit
B R T.
unit
0 W I U-------------------------- 48 6(40 9 ) 10 8 2 1 2 7 8 5
(84 . 4)
Boilermakers------------------ - - - -- - - - - --- - -- -- 52 01 --
A M---------------------------- ------------- ------------- 69 ____________ _ __________I B E W-------------------------- -------------- ------------- --------- 67 5' ----------
B R. T----------------------------- -------------- -------------- ----------
_
------------ 80 0
1 employee signed cards for both'I A M and 0 W I U
4 employees signed cards for both B R T and 0 15' I U.
1 employee signed cards for both I B E W and 0 W I U
5 employees signed cards for both Boilermakers and 0 W I U.
i The following classifications of employees were excluded
(a) those employed in an executive or supervisory capacity,
(b) those employed as office workers or clerical employees,
(c) those employed as commissioned watchmen and/or head watchmen,
(d) those employed as engineers,
(e) those employed as chemists perfoiming analytical work,
((f) those employed as monthly paid employees performing testing work who have been in the em-
ploy of the Company for less than a year, and
(g) those employed within a division or unit previously certified by the Board This refers to
the unit for which the Boilermakers was certified by the Board on November 16,,1937, as
the exclusive bargaining agent It consists of employees engaged as boilermakers, welders,
layer-outs, riveters, blacksmiths, inspectors, burners, riggers, tank men, punch and shearinen,
buckers , heaters, caulkers , their apprentices and helpers See Matter of Gulf Oil Corpora-
tion and International Brotherhood of Boilermakers, Iron Shipbuilders, Welders & Helpers of
- America , 4 N. L. R. B. 133.
5
GULF OIL -CORPORATION (PORT ARTHUR REFINERY) , 331
maintenance electricians or operators No. 5 sub-station, appren-
tice electricians, electrician helpers and linemen helpers.: .
to determine- whether they desire to be represented by the
J. B. E., W.], or by the [0. W. I. U.] . . . or by neither.
(C) . . . locomotive engineers, firemen (switch engine fore-
men, switchmen and locomotive hostlers, . `.. to determine
whether they desire to be represented by the [B. R. T.], or by
the [0. W. I. U.], ...' or by neither.
(D) ' . . Bricklayers and masonry trades, including appren-
tices . . . to determine whether or not they desire to be repre-
sented by the [Bricklayers], or by [0. W. I., ,U.] .. or by
neither.,
(E) . . . all the operating and maintenance employees, ex-
cluding those [in footnote 5 below], and excluding those named
in Sub-Divisions A, B, C and D . . . to determine whether or
not they desire to be represented by [0. W. I. U.] . . .
As a result of the elections held pursuant to this agreement, the
I. A. M., the I. B. E. W., and the B. R. T. were designated as exclu-
sive bargaining agents for the employees of the Company within-their
respective, groups. However, neither labor organization received a
majority in the election held among the employees in group (D)
above, and this, group is now unrepresented. In addition, the em-
ployees in group (E) above did not choose the 0. W. I. U., an&are
now unrepresented. - -
As hereinbefore mentioned, the 0. W. UU. again requested recog-
nition from the Company as exclusive bargaining representative for
its operating and maintenance employees. , After refusal by the Com-
pany to extend such recognition, the 0. W. I. U. filed the petition
herein. The I. A. M., the I. B: E. W., the B. R. T., and the Boiler-
makers made motions to intervene and to dismiss the petition'of the
0. W. I. U. insofar as it related to those employees who are employed'i
iri the-groups which had been previously certified by the Board, or
designated pursuant to the consent election agreement, as bargaining
units. Since these groups have been established as appropriate units
and because of the lack of substantial interest shown by the 0. W. I.
U. among the employees. in these groups,° the motions are hereby
granted.? We shall exclude these groups from the unit hereinafter
found appropriate.
The record fails to show any specific representation made by the
0-W. I. U. in the group designated as (D) hereinabove, which in-
cludes the bricklayers and masonry trades and their apprentices:
6 See footnote 4.
7 Cf Matter of Allis-Chalmers and Loca7 2115, United Automobile, Aircraft, and Agricul-
tural Implement Workers of America, 47 N. L. R B , No. 15.
332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Therefore, we { shall also exclude employees within this group from
the unit hereinafter found- appropriate.
The O. W. I. U. seeks to include within the unit which it claims
appropriate those clerical employees who work at various points in
the plant as distinguished from those working in the main office of
the plant, who are on an hourly basis. The record discloses that some,
of these employees are designated as "head clerks," and that they are
usually paid on a salary basis, although this is not always true. The
remainder of the clerical employees are usually paid on an hourly
basis, although this is not always the case. Clerical employees were
specifically excluded from those employees eligible to vote under the
consent election agreement of 1938. We shall exclude them from the
unit hereinafter found appropriate:
The O. W. I. U. would exclude those employees listed on the pay
roll of the Company as "graduate engineers." These are research and
technical- employees and were specifically excluded from those em-
ployees eligible to vote in the above-mentioned consent election. How-
ever, working in the laboratories are, -employees known as "testers."
The work of these employees is primarily mechanical. They receive
orders from a foreman, who is known as a "head tester." The record
is not clear whether or not he works primarily in a supervisory ca-
pacity, and there is no indication whether or not the O. W. I. U.
sought to include him within the unit it alleges to be appropriate.
Only monthly paid testers who had been with the Company for less
than a year were excluded from those eligible to vote in, the consent
election above mentioned. We shall exclude "graduate engineers"
and monthly paid testers employed by the Company less than It year,
from the unit hereinafter found appropriate, and include all other
testers therein.
The O. W. I. U. would include within the unit it seeks loading dock
employees. These employees come under the jurisdiction of the
marine department of the Company, which is located in New-York.
Their pay roll and grievances are not handled by the superintendent
of, the Port Arthur plant, who cannot employ or discharge them,
and has little or no supervision over them'. The Company would
exclude these employees from any operating and' maintenance unit on
the ground that they are not under the direct supervision and control
of the superintendent of the Port Arthur plant. These employees
were not included among those eligible to vote in the 1938 consent
election, inasmuch as they were not on the pay roll of the Company's
Port Arthur plant as either operating or maintenance employees.
We shall exclude them from the unit hereinafter found, appropriate.
In view of all of the foregoing, and in view of the record, the
motion made by the O. W. I. U. to dismiss the motions to intervene of
GULP OIL CORPORATION (PORT ARTHUR REFINERY) 333
the I. A. M., the I. B'. E. W., the B. R. T., and the Boilermakers, is
denied in all respects.
We find, therefore, that all operating and maintenance employees
of -the Company at its Port Arthur Refinery, excluding employees in
units previously established (listed in Appendix A attached hereto),
executives,and supervisory employees, commissioned watchmen, head
watchmen, graduate engineers, chemists performing analytical work,
monthly paid employees performing testing work, who have been in
the employ of the Company for less than a year, and employees en-
gaged in the bricklaying and masonry trades, including apprentices,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by,,an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-,
roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Gulf Oil Cor-
poration (Port Arthur Refinery), Port Arthur, Texas, an election by
secret ballot shall be conducted as early as possible, but not later
than thirty (30) days from the date, of this Direction, under the
direction and supervision of the Regional Director for the Sixteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 10, of said Rules and
Regulations, among the employees in the,unit found appropriate in
Section IV, above, who,-were employed during the pay-roll period
immediately preceding the date of-this Direction, including any such
employee's' who did, iiot work during said pay-roll period because
they were ill or on vacation or temporarily laid off, and including
employees in the armed forces of the United States who present
themselves in person at the polls, but-excluding any who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by Oil Workers International Union, Locals
3 34 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
23 and 254, and Oil Workers Organizing Committee, Local 1003,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining.
APPENDIX "A"
BOILERMAKERS UNIT
Boilermakers Inspectors Buckers
Welders Burners Heaters
Layer-outs Riggers Caulkers
Riveters Tank men Apprentices and
Blacksmiths Punch and shearmen Helpers
I. A. M. UNIT
Machinists Apprentices
Machinists' helpers Handy men
I. B. E. W. UNIT
First and Second class electricians Apprentice electricians
Maintenance electricians or trou- Electrician helpers
ble shooters First and Second class linemen
Maintenance electricians or oper- Linemen helpers
ators No. 5 sub-station
B. R. T. UNIT
Locomotive engineers Switch engine foremen
Locomotive hostlers Switchmen
Firemen