Gulf Oil Corp.Download PDFNational Labor Relations Board - Board DecisionsOct 13, 194458 N.L.R.B. 978 (N.L.R.B. 1944) Copy Citation 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 - Copy with citationCopy as parenthetical citation