Gulf Oil Corp.

National Labor Relations Board - Board Decisions

Jun 7, 1962

137 N.L.R.B. 544 (N.L.R.B. 1962)

544 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by the Regional Director of the Second Region , shall, after being duly signed by
the Respondent , be posted immediately upon receipt thereof , and be maintained
for a period of 60 consecutive days thereafter , in conspicuous places, including all
places where notices to members are customarily posted . Reasonable steps shall
be taken to insure that said notices are not altered , defaced, or covered by any
other material.
(e) Notify the Regional Director for the Second Region , in writing, within 20
days from the receipt of the Trial Examiner 's Intermediate Report , what steps the
Respondent has taken to comply therewith.I°
19 In the event that this Recommended Order be adopted by the Board, this provision
shall be modified to read: "Notify the Regional Director for the Second Region, in writing,
within 10 days from the date of this Order, what steps the Respondent has taken to
comply herewith."
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to the Recommendations of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of . the National Labor
Relations Act, we hereby notify our employees that:
WE WILL NOT discourage membership in District 50, United Mine Workers
of America, Local 13908 , by discharging or discriminating in regard to their
hire and tenure of employment or any term or condition of employment of
any of our employees.
WE WILL NOT close our plant or threaten to close it in reprisal for our
employees ' concerted action to obtain the reinstatement of John Fitzgerald or
any other employee or applicant for employment.
WE WILL NOT advise our employees that the aforementioned union will do
them no good.
WE WILL NOT in any other manner interfere with , restrain , or coerce our
employees in the exercise of the right of self -organization, to form labor
organizations , to join or assist the above -named Union , or any other labor
organization , to bargain collectively through representatives of their own
choosing , and to engage in other concerted activities for the purpose of col-
lective bargaining or other mutual aid or protection as guaranteed in Section 7
of the Act , or to refrain from any and all such activities , except as authorized
in Section 8(a) (3) of the Act.
WE WILL offer John Fitzgerald reinstatement to his former or equivalent job.
WE WILL make whole John Fitzgerald and those employees whom we locked
out on Friday , August 4, 1961.
All our employees are free to become or remain , or to refrain from becoming or
remaining , members in good standing of District 50, United Mine Workers of
America , Local 13908.
SEABOARD DIECASTINO CORPORATION,
Employer.
Dated------------------- By-------------------------------------------
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof , and must not be
altered, defaced , or covered by any other material.
Employees may communicate directly with the Board 's Regional Office, 745
Fifth Avenue , New York , New York , Telephone Number Plaza 1-5500, if they
have any question concerning this notice or compliance with its provisions.
Gulf Oil Corporation and Warren Petroleum Corporation and
International Union of Operating Engineers , AFL-CIO, Local
826. Cases Nos. 16-RC-3063 and 16-RC-3064. June 7, 196 9
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
137 NLRB No. 62.
GULF OIL CORP. AND WARREN PETROLEUM CORP. 545
Thomas P. Sheridan, hearing officer. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman McCulloch and Members
Rodgers and Leedom].
Upon the entire record in this case, the Board finds :
1. Gulf Oil Corporation, hereinafter called Gulf, and Warren Pe-
troleum Corporation, hereinafter called Warren, are engaged in com-
merce within the meaning of the Act.
2. International Union of Operating Engineers, AFL-CIO, Local
826, hereinafter called Local 826, claims to represent certain employees
of Gulf and of Warren.
3. Petitioner seeks to represent separate units of employees at Gulf
and Warren which have previously been represented by Local 715,
International Union of Operating Engineers, AFL-CIO. Gulf con-
tends that an existing collective-bargaining contract with Local 715
which will not expire until March 1, 1963, is a bar as to the election
sought among its employees. Warren does not claim that its bargain-
ing contract with Local 715, which has a June 15, 1962, anniversary
date, is a bar to an election, but urges that no election be held among
its employees inasmuch as its unit is the smaller of two units repre-
sented by Local 715. In answer to the bar contention Petitioner as-
serts that Local 715 is defunct.
During recent years Petitioner's International Union has urged
small locals to merge into larger locals. Pursuant to this urging, the
members of Local 715 in a secret ballot election voted to merge with
the Petitioner, Local 826. Thereafter, Local 715 transferred all its
records and assets to Local 826 and surrendered its charter to the In-
ternational, which canceled it. However, the members of merged
Local 715 have elected a committee to represent them on Local 826's
executive board and to administer its contracts. Following the mer-
ger, the Employers refused to recognize Local 826 in place of Local
715. Normal relations with the Employers continued only because the
union committees represented themselves as being Local 715. Dues
collected by the Employers on checkoff authorizations are made pay-
able to Local 715 and are so endorsed and cashed before the money is
transferred to Local 826.
We find that Local 715 has ceased to exist and that the Employer's
refusal to accept this fact does not breathe life into it.' In view of
'Petitioner's motions for reconsideration of our decision denying Petitioner's motion
to amend the certification in Gulf Oil Corporation, 135 NLRB 184, and to allow an amend-
ment in Warren Petroleum Corp , Case No. 33-RC-336, which amendment was subse-
quently denied in an unreported decision, are denied for the reasons stated in those
decisions.
2Pepsi Cola Bottling Company of Chattanooga, Inc, 132 NLRB 1441.
649856-63-vol. 137-36
546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
this defunctness of Local 715, we find that the existing bargaining con-
tract between that organization and Gulf is not a bar to a present
determination of representatives. As we have noted above, Warren's
contract is not a bar in any event.
We find that questions affecting commerce exist concerning the rep-
resentation of employees of the Employer within the meaning of Sec-
tion 9(c) (1) and Section 2(6) and (7) of the Act.
4. The following employees of Gulf Oil Corporation and Warren
Petroleum Corporation constitute separate units appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act :
(a) All employees of Gulf Oil Corporation in the McElroy pool
and in the area known as "Sand IIills Pool," but excluding all clerical,
administrative, technical, and plant patrol employees and supervisors
as defined in the Act.
(b) All production and maintenance employees of the Warren Pe-
troleum Corporation Waddell Gasoline Plant located near Crane,
Texas, but excluding all office and clerical employees, professional
employees, technical employees, guards, and supervisors as defined in
the Act.
[Text of Direction of Elections omitted from publication.]
Sea-Land Service , Inc.' and Insular Labor Organization (ILO)
of Ponce, Independent , Petitioner . Case No. 24-IBC-1773. June
8, 1962
DECISION AND DIRECTION OF ELECTION
On September 14, 1961,2 the Petitioner duly filed the instant peti-
tion under Section 9(c) of the National Labor Relations Act seeking
to represent a unit comprised of the Employer's stevedoring employees
at the port of Ponce, Puerto Rico.3 The Regional Director for the
Twenty-fourth Region administratively dismissed this petition on
September 15 "inasmuch as the unit of employees for which the Peti-
tioner seeks to act as representative is inappropriate for the purposes
of collective bargaining." Thereafter, the Petitioner, in accordance
with Section 102.71 of the Board's Rules and Regulations, as amended,
The Employer's name appears as amended at the hearing Hereafter, the Employer
will be referred to as Sea-Land
Unless otherwise indicated , all dates will refer to 1961
The unit requested by the Petitioner includes all stevedores and employees engaged
in loading and unloading vessels, including truckdrivers , motor operators , checkers, gate-
men, hatch tenders, mechanics , and mechanic-helpers , but excluding watchmen and super-
visors as defined in the Act
137 NLRB No. 65.