Gulf Oil Corp.

National Labor Relations Board - Board Decisions

Oct 13, 1944

58 N.L.R.B. 978 (N.L.R.B. 1944)

In the Matter of GULF OIL CORPORATION (PORT ARTHUR RFFINERY) and
OIL WORKERS INTERNATIONAL UNION, LOCALS 23 AND 2541
Case No. 16-R-557 (R-/739)
SUPPLEMENTAL DECISION
AND
AMENDED CERTIFICATION OF REPRESENTATIVES .
October 13,1944
On February 4, 1943, the National Labor Relations Board issued a
Decision and Direction of Election in the above -entitled proceeding.2
On March 20 , 1943, the Board issued a Certification of Representa-
tives in the proceeding , certifying Oil Workers International Union,
Locals 23 and 254, herein collectively called the Oil Workers, as the
exclusive representative of all operating and maintenance employees
of Gulf Oil Corporation ( Port Arthur Refinery ), Port Arthur , Texas,
herein called the Company, excluding employees in units previously
established , executives and supervisory employees , commissioned
watchmen, head watchman, 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 engaged in the bricklaying and masonry trades, including
apprentices , for the purposes of collective bargaining.
Thereafter , the Company filed a letter with the Regional Office,
dated July 26, 1944 , which is, in effect, a petition for clarification of
the Certification issued on March 20, 1943 , urging, in substance, that
several classifications of subforemen set forth therein fall within the
Board's customary definition of a supervisor , and should therefore be
excluded from the unit in which the Oil Workers was certified. On
August 17, 1944, the Board issued an order providing , inter alia, that
the record in this proceeding be reopened and a further hearing be
' Oil Workers Organizing Committee, Local 1003, was also mentioned in the original
caption However, the functions of this organization have been absorbed by Locals 23 and
254, and this organization is no longer concerned in this proceeding. The Oil Workers, at
the hearing, moved to amend the title of this proceeding by deleting therefrom all reference
to Local 1003. The motion was granted by the Trial Examiner.
3 47 N. L R. B. 327.
58 N. L. R. B., No. 187.
978
GULF OIL CORPORATION 979
held for the purposes of receiving evidence with respect to the super-
visory status of the subforemen mentioned in the Company's petition.3
Pursuant to this order, a hearing was held at Port Arthur, Texas,
on August 25 and 26, 1944, before John H. Garver,.Trial Examiner.
The Company and the Union appeared,4 participated, and were af-
forded full opportunity to be heard, to examine and cross-examine wit-
nesses, 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 an opportunity to
file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
The Company contends that car shop foremen, dock assistant fore-
men, garage subforemen, labor subforemen Nos. 1 and 2, carpenter sub-
foremen, pipefitter subforemen, laboratory tester foremen, painter sub-
foremen, and insulator subforemen are supervisory employees, and,
consequently, are excluded from the appropriate unit. The Union, on
the other hand, contends, among other things, that these employees are
merely "straw bosses," without any supervisory authority, and com-
pares such authority as they do possess with that possessed by crafts-
men over their apprentices. By excluding "supervisory employees"
from the appropriate unit, we intended to exclude all classifications of
employees which fall within the definition now specifically set forth in
our unit findings.5 Accordingly, we shall examine the above-entitled
classifications in the light of this definition.
The record indicates that car shop subforemen, dock assistant fore-
men, garage subforemen, labor subforemen Nos. 1 and 2, carpenter sub-
foremen, pipefitter subforemen, and laboratory tester foremen have
authority to make recommendations affecting the status of their sub-
ordinates which are given weight by the Company. Subordinates are
expected to follow the instructions given by employees engaged in these
classifications, and the latter possess the authority to make effective
recommendations of discharge. In view of these circumstances, we
are of the opinion that the employees in the foregoing classifications
fall within our customary definition of supervisory employees, and we
shall amend our Certification, .nuns pro tune, so as to exclude specifi-
cally these classifications from the appropriate unit.
3 The Company's petition set forth 9 classifications of subforemen which it contended
were supervisory At the hearing, this number was raised to 10
Representatives of International Brotherhood of Electrical Workers and International
Association of Machinists, both organizations affiliated with the American Federation of
Labor, appeared at the hearing However their appearance, apparently, was for the pur-
pose of observation only, for they took no part in the hearing
5 See Matter of Douglas Aircraft Company, Inc, 50 N. L it. B. 784.
980 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As of August 26, 1944, the Company did not employ any persons as
insulator subforemen or carpenter subforemen. However, the Com-
pany indicated at the hearing that it intended so to do in the near
future, and that such employees would have authority identical with
that possessed by employees in the classifications above mentioned.
Since there is no indication in the record that there are any employees
now engaged as insulator subforemen and carpenter subforemen, we
shall not amend our Certification with respect to these classifications.
However, if; in the future, the Company engages employees in either
of these classifications, and if such employees exercise authority simi-
lar to that exercised by employees in the eight classifications which we
are now specifically excluding from the appropriate unit, they, too,
shall be considered supervisory employees and excluded.
AMENDED CERTIFICATION OF REPRESENTATIVES 6
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, Sections 9 and 10, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended.
IT IS HEREBY CERTIFIED that Oil Workers International Union, Locals
23 and 254, has been designated and selected by a majority of all oper-
ating and maintenance employees of Gulf Oil Corporation (Port
Arthur Refinery), Port Arthur, Texas, excluding employees in units
previously established (Said units being listed as Appendix "A" at-
tached hereto), commissioned watchmen, head watchmen, graduate
engineers, chemists performing analytical work, monthly paid em-
ployees performing testing work who have been in the employ of the
Company for less than a year, employees engaged in the bricklaying
and masonry trades, including apprentices, executives, car shop sub-
foremen, dock assistant foremen, garage subforemen, labor subforemen
Nos. 1 and 2, carpenter subforemen, pipefitter subforemen, laboratory
tester foremen, and all other supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, as their
representative for the purposes of collective bargaining, and that, pur-
suant to Section 9 (a) of the Act, the said organization is the exclusive
representative of all such employees for the purposes of collective bar-
gaining with respect to rates of pay, wages, hours of employment, and
other conditions of employment.
6 This is not to be construed as a recertification , but as an amendment, nunc pro tune, of
the Certification Issued March 20, 1943.
GULF OIL CORPORATION
APPENDIX "A"
Boilermakers Unit
Boilermakers
Welders
Layer-outs
Riveters
Blacksmiths
Inspectors
Burners
I. A. M.
Machinists
Machinists' helpers
981
Riggers
Tank men
Punch and shearmen
Buckers
Heaters
Caulkers
Apprentices and Helpers
Unit
Apprentices
Handy men
I. B. E. W. Unit
First and Second class elec-
tricians
Maintenance electricians or
trouble shooters
Maintenance electricians or
operators
First and Second class linemen
Linemen helpers
No. 5 substation
Apprentice electricians
Electrician Helpers
B. R. T. Unit
Locomotive engineers Switch engineer foremen
Locomotive hostlers Switchmen
Firemen -