Humble Oil and Refining Co.

National Labor Relations Board - Board Decisions

Jun 6, 1956

115 N.L.R.B. 1485 (N.L.R.B. 1956)

HUMBLE OIL AND REFINING COMPANY 1485
it unnecessary to consider the other grounds advanced by the Peti-
tioner for holding the contract no bar.
4. In accordance with the agreement of the parties we find that the
following unit is appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act:
All production and maintenance employees, including section
hands,° but excluding office and plant clerical employees, professional
,employees, guards, and supervisors '' as defined in the Act.
[Text of Direction of Election omitted from publication.]
MEMBER BEAN took no part in the consideration of the above Deci-
sion;and Direction of Election.
-.'G The parties agree that section hands are not supervisors within the meaning of the
Act and include them in the unit.
'The parties agree that the superintendent , foremen, and the second hand are super-
visors within the meaning of the Act.
Humble Oil and Refining Company and Baytown Metal Trades
Council and Affiliated Organizations , AFL-CIO, Petitioner.
'Crass No. 39 RC-996. June 6, 1956
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Arthur S. Safos, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.'
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer,
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.2
Baytown Employees Federation , herein called the Intervenor , was permitted to inter-
vene on the basis of its contractual interest . At the hearing the Intervenor moved to
dismiss the petition on the grounds that : (1) No question concerning representation
exists because the unit sought is inappropriate ; and (2 ) unreasonable delays in
scheduling the hearing prejudiced the rights of the Intervenor . The bearing officer
referred this motion to the Board. The petition herein was filed on January 17, 1958.
The bearing was originally scheduled for January 31, 1956 , and after twice being re-
scheduled , was conducted on February 28 and 29, and March 1, 1956. The Intervenor
does not indicate how it has been prejudiced by this procedure. In view of the fore-
going, and for reasons stated in paragraph 4, infra, the Intervenor 's motion to dismiss
is yiereby denied.
i The Employer refused to stipulate that a question affecting commerce exists. The
record shows that the Petitioner made demand for recognition on January 12, 1956,
and that the Employer refused recognition on January 17, 1956.
115 NLRB No. 240.
1486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
4. The Petitioner seeks to represent a unit of production and main-
tenance employees at the Employer's Baytown, Texas, plant, excluding
certain classifications of employees in the following departments:
Service laboratories; research and development; service; employee re-
lations; plant protection; engineering; safety; administration; utility;
and oil movement. In the alternative, the Petitioner would include
certain classifications of employees in the service laboratories.' The
Petitioner in urging the exclusion of employees in the service labora-,
tories, research and development, engineering, utility, and oil move-
ment departments contends, in substance, that employees therein are
technical employees. In urging the exclusion of other employees, the
Petitioner contends that their interests are not allied with those of the
production and maintenance employees included, in the unit. The
Employer and Intervenor contend that the unit sought is inappropri-
ate. They would include in the unit all the employees whom the
Petitioner would exclude, basing their position in part on the history
of bargaining at the Baytown plant, and in part on the alleged integra-
tion of the Employer's operations. They also deny that the employees
in the service laboratories, research and development, engineering,,
utility, and oil movement are technical employees; and they assert that
the interests of the other employees whose unit placement is in issue
are similar to those of the employees concededly in the unit.
The Employer is a Texas corporation with its principal offices at
Houston, Texas. At its Baytown, Texas, plant, the Employer is en-
gaged in refining petroleum and in manufacturing synthetic rubber.,
The Baytown plant includes approximately 10 departments. The
Employer employs approximately 3,968 employees at the Baytown
plant. Of these, the parties are in dispute as to the unit placement
of about 339 employees.
The Intervenor in this case has represented production and main-'
tenance employees at the Employer's Baytown plant since 1937. In,
1943, following self-determination elections, the Board found ap-'
propriate a unit of production and maintenance employees at the Bay-
town refinery, excluding, among others, technical and research em-
ployees.' The technical and research employees excluded from the
production and maintenance unit were found to be "mostly college
trained chemists, engineers, and draftsmen employed on a salaried
basis." 5 The Intervenor herein was certified as the representative of
this unit. On June 8, 1948, upon a stipulation for certification upon
consent election, the Board again certified the Intervenor as the bar-
gaining representative of the Baytown production and maintenance
s Laborers special, truck -tractor driver , lifttruck driver, clerk , supply clerks , utility
men, utility man special , maintenance men, glassblowers , samplers , and material and
equipment man
4 Humble Oil & Refining Company, 53 NLRB 116 ; 54 NLRB 78.
6 53 NLRB at 125.
HUMBLE OIL AND REFINING COMPANY 1487
unit, again specifically excluding therefrom technical and research
employees.' On June 27, 1950, pursuant to another stipulation for-
certification upon consent election, the Board once more certified the-
Intervenor as the bargaining representative of the Baytown production
and maintenance unit, but that unit did not name as an exclusion techni--
cal and research employees. Instead, such unit specifically included-
certain technical and research employees in the departments which
are now designated as service laboratories and research and develop-
ment? The 1950 change in the unit description resulted from the fact
that, despite the earlier certifications, the Intervenor had since the cer-
tification represented certain technical and research employees along
with the production and maintenance employees. Since 1950, the In-
tervenor has represented the employees in the unit described in the 1950
certification.
Unit Placement of Technical Employees
The bargaining history summarized above is not of controlling im--
portance here, for units established as the result of consent-election
agreements are not controlling so far as subsequent Board cases are
concerned.' Moreover, the instant bargaining history is, we think,;
equivocal with respect to the past unit placement of technical and
research employees. Similarly the integration of the Employer's
operations is not presently controlling with respect to the unit place-
ment of such employees. What is controlling is the fact that the
Petitioner objects to the inclusion of technical employees in the Bay-
town production and maintenance unit. For it is the established
Board policy to exclude technical employees from a production and
maintenance unit, whenever one of the parties objects to their in-
clusion even in the face of a contrary bargaining history s Accord-
ingly, following this rule, we find that technical employees at the
Baytown plant may not now appropriately be included in the unit of
production and maintenance employees.
As indicated, the parties are not in agreement as to which employees
at the Baytown plant are in fact technical employees. The following
classifications are in dispute :
A. Employees in the Service Laboratories
Testers: The classifications of tester apprentice, tester 2, tester 1
after 1 year, and tester 1, are training classifications for the classi-
9 Case No. 16-RC-126, not reported in printed volumes of Board Decisions and Orders.
"Case No. 39-RC-194, not reported in printed volumes of Board Decisions and Orders.
8 Sperry Gyroscope Company, 94 NLRB 1724, 1725.
Q Heintz Manufacturing Company, 100 NLRB 1521, 1527 ; see also Pact fie Moulded
Products, 111 NLRB 882.
1488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fication of tester 1 senior. Following prescribed procedures, testers
perform a variety of routine tests on petroleum, petroleum products,
and catalysts. The testers use, in addition to the usual laboratory
equipment, specialized laboratory equipment, such as 'analytical
balances, potentiometers, various kinds of distillation apparatus, cen-
trifuges, muffle furnaces, spectrometers, electric ovens, and thermo-
viscosity apparatus. The testers are required to evaluate and determine
percentages and weights using calculators and algebraic equations.
Testers are required to have a high school education, and to
pass a written test in arithmetic and algebra. It takes an employee
approximately 2 years to become a tester 1 senior after beginning as
a tester apprentice. We find that the testers are technical employees.lo
Laboratory assistants special; analytical testers; crude assay labora-
tory assistants; laboratory assistants senior; laboratory technicians:
These employees perform functions similar to those of the testers,
however, they are more skilled and the tests they perform are more
complex and more diverse than those performed by the testers. We
find that they are technical employees.
Knock testers: They operate knock-testing engines according to
prescribed procedures, testing aviation motor gasoline, power kero-
sene, and diesel fuels. They prepare reference fuels and sample
blends. A high degree of manipulative skill and work precision are
required to achieve desired fuel rating accuracy. They calculate the
values to be assigned to the fuel tested. They use fuel blending and
leading equipment facilities, microcarburetors, injection pumps, pres-
sure gauges, knock meters, tetraethyl lead, benzene, toluene, ethylene
glycol, thermometers, graduated cylinders, burettes, pipettes, funnels,
and beakers. They advance from the tester 1 senior classifications.
We find them to be technical employees.
Testers special: These employees are trained to run any of the tests'
run by the testers, knock testers, and analytical testers, spending at
least a year in such classifications before they can qualify as a tester
special. We find that the testers special are technical employees.
Samplers: Sampler 1, sampler 2, and sampler apprentice classifica-
tions exist in the plant. These employees obtain samples of petroleum
products from the storage tanks in the refinery and deliver them to the
laboratories for testing. They drive pickup trucks. They are hourly
paid, and are promoted from truck and tractor driver classifications.
We find that the samplers are not -technical employees, and we shall
include them in the unit.
Test engine mechanic: This employee overhauls and performs gen-
eral repair and maintenance work on the knock testing engines. He
1O See United States Gypsum Company , 114 NLRB 1285; 114 NLRB 523; International
Smelting and Refining Company, 106 NLRB 223, 226; and Standard Coil Company,
98 NLRB 1296, 1298-99.
HUMBLE OIL AND REFINING COMPANY 1489
dismantles, measures for wear, inspects, and determines the condition
of the individual parts of such engines. He cleans, repairs, or re-
places work engine parts. He adjusts engines to conform with ex-
acting requirements and tolerances set forth in the testing manuals.
It appears that the functions performed by this employee are substan-
tially those that are usually associated with a mechanic rather than a
technician, and we shall include him in the unit.
Clerks; clerk typists; supply clerks: The clerk typists do not type;
they locate the whereabouts of samples, and route them through the
laboratories. The clerks receive and store samples for laboratory test-
ing. They also ship samples to prospective customers. The supply
clerk classification includes the classifications of senior supply clerk,
supply clerk, and assistant supply clerk. The supply clerks maintain
laboratory supplies and equipment for the various laboratories. We
find that the work performed by the clerks, clerk typists, and supply
clerks is plant clerical in nature. We shall include them in the unit."
Utility men: There exist utility man 1, utility man 2, and utility
helper classifications. These employees keep an inventory of
samples and barrels expediting their movement and delivery. They
also may act as a relief for service laboratory truckdrivers and store-
room employees. We find that they are not technical employees and
shall include them in the unit. -
Utility man special: By special sampling techniques, this employee
obtains operating unit, line, and tank samples; he also obtains tank
samples by conventional means when requests are made for samples
larger than 5 gallons; and he delivers these samples to their proper
destination. He makes daily delivery of supplies to the main labora-
tory and pilot unit areas. He drives a scooter or truck. We find that
the interests of this employee are allied with those of the production
and maintenance employees, that he is not a technical employee, and
we shall include him in the unit.
Maintenance men: Maintenance man 1, maintenance man 2, main-
tenance man 3, and maintenance helper classifications are employed.
These employees construct, and perform maintenance work on, labora-
tory equipment. They perfrom work' similar to that performed by
mechanics on pipe stills and operating units in the refinery. They
work primarily on pilot units, which are models or prototypes of the
refinery's operating units. They work with instrument men, insula-
tors, boilermakers, and other mechanics assigned from the mechanical
and construction department. We find that these employees are not
technicians, that their interests are closely allied to employees iii the
unit, and we shall include them therein.
n United States Rubber' Company, 113 NLRB 746; The Firestone Tire and Rubber
Company, 112 NLRB 571.
880609-56--vol. 115-95
1490 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Glass blowers : These employees fabricate glass apparatus labora-
tory equipment . Although they are skilled , we find that these em-
ployees are not technicians , and we shall include them in the unit."
Material and equipment man: This employee keeps records of me-
chanical work performed by outside contractors . He also keeps rec-
ords of small laboratory equipment such as small pumps, small com-
pressors , recorders , and gauges . We find him to be a plant clerical,'
and shall include him in the unit.
B. Employees in the research and development department
Research technicians : These employees assist professional employ-
ees in the conduct of experimental investigations. They perform
various laboratory jobs, more or less of a standard nature. They
are recruited for the most part from pilot unit operators, testers,
laboratory assistants, and instrument technicians, who have shown
excellent performance. They are required to have the equivalent of a
high school education plus some additional knowledge of either elec-
tronics or chemistry and physics. About one quarter of the research
technicians are college graduates; however, only three majored in
chemistry, the rest have degrees in other fields. We find that the
research technicians are technical employees, and we shall exclude
them from the unit.13
Laboratory assistant special: This employee carries out special
catalyst testing work on standardized units designed for this purpose.
He operates a cracking catalyst testing unit, analyzing fresh, regen-
erated and spent quartz, sand, and beads. He also operates distillation
stills. In the performance of his work, the laboratory assistant uses
pieces of laboratory equipment such as analytical balances, electric
oven, ice bath, torquemeter, burettes, separating funnels, and gradu-
ated cylinders. We find that the laboratory assistant special is a
technical employee, and we shall exclude him from the unit. .
Graphic draftsman: This employee draws charts, maps, and figures
that are to be reproduced for reports. He receives the material from
the professional employees in rough draft with instructions as how it
is to be prepared in the final form. We find, this employee to be a
technician, and shall therefore exclude him from the unit.14
Pilot unit operators: The term includes the classification of pilot
unit operator starting; pilot unit operator 2; pilot unit operator 1;
pilot unit operator 1 after 2 years; pilot unit operator; pilot unit
operator senior breaker; and pilot unit operator senior. These em-
ployees operate small scale models built for the purpose of investiga-
12 Carbide and Carbon Chemicals Division (Y-IQ Plant ), Union Carbide and Carbon
Corporation, 92 NLRB 1555, 1559.
13 International Smelting and Refinery Company, 106 NLRB 223, 226.
14 LeTourneau-Westinghouse Company, 113 NLRB 684 ; Western Electric Corporation,
108 NLRB 396 , 402; and Arnold Hoffman & Co., Incorporated, 95 NLRB 907, 910.
BUMBLE OIL AND REFINING COMPANY 1491
tion processes which later will be part of the refining operation. The
units are operated pursuant to the instructions of a professional em-
ployee. The operations of refinery units and the pilot units are essen-
tially alike. The pilot unit operators make various adjustments on,
and record the operating conditions of, the pilot units. They spend
about 3 percent of their time making routine titration tests; the
remainder of their time is- spent performing functions similar to those
performed by the operators of the refinery units, who the parties
concede are included in the unit. Pilot unit operators are recruited
from laborers special, samplers, or truck-tractor drivers in the service
laboratories. They are required to have a high school or equivalent
education. In view of the foregoing, we find that the pilot unit
operators are not technical employees, and that their duties and inter-
ests are closely allied to those of the employees in the unit. Accord-
ingly, we shall include them in the unit.
C. Employees in the engineering, oil movement, and
utility departments
Draftsmen : Draftsmen in the engineering department prepare
plant and pipeline layouts and drawings, based on engineers' sketches
and instructions. Line draftsmen in the oil movement department
prepare and maintain detailed functional drawings of the. oil lines,
especially underground lines. A high school education or equivalent,
and the ability to draw are required of employees entering any of the
draftsmen classifications. We find that the draftsmen in these divi-
sions are technical employees, and we shall exclude them from the
unit.15
Reproduction operators: The term includes the classifications of
senior reproduction operator, reproduction operator and junior repro-
duction operator. These employees operate machines that make blue-
prints and photocopies; they also do offset printing for all plant divi-
sion. We find that they are not technical employees, and we shall
include them in the unit.
Associate photographer: This employee takes photographs in the
plant. He works for and assists the plant photographer. The job
does not require prior training. We find that he is not a technical
employee, and we shall include him in the unit."
Assistant to the chemical engineer: There is one employee in this
classification in the utilities department. He tests water at the water
freating plant and cooling towers, to check on the accuracy of similar
tests performed by other employees who work at these installations.
The latter employees are in the unit; and the tests he performs are
15 See cases cited in footnote 14, supra.
10 Garner Aviation Service Corporation, 111 NLRB 191, 194.
1492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
routine and are prescribed by the chemical engineer. He also pre-
pares standard chemical solutions, and makes a monthly collection
of water samples from the various water wells for sending to the
State Health Laboratory for analysis. We find that the assistant to
the chemical engineer is not a technician, and that his interests and
duties are closely allied to those of production and maintenance em-
ployees. We shall include him in the unit.
D. Unit placement of miscellaneous classifications in dispute
Laborers special; janitresses; head janitor: There are 46 employees
in the laborer special classification in the service laboratories. These
employees wash sample bottles, deliver sample bottles to the refinery
operating units, store samples for the research units, deliver ice to
the laboratories, and perform general janitorial duties. There are
three employees in the laborer special classification in the employee
relations department. One, working in the safety warehouse, dis-
mantles, washes and sterilizes safety equipment, and performs gen-
eral janitorial duties; the others perform janitorial duties at the
plant hospital. There are four employees in the laborer special clas-
sification in the plant protection department; they perform cleaning
and janitorial duties. There are 5 employees in the laborer special
classification in the service department; they perform heavy cleaning
and janitorial services in 7 office buildings. The parties agree to the,
inclusion in the unit of employees in other departments who are simi-
larly classified and who perform similar duties.
There are 13 employees in the janitress classification. They clean
and perform janitorial services in 7 office buildings.
The head janitor is a part of the service department. He directs
the activities of the janitresses and laborers special who clean office
buildings, acting as a liaison between the chief clerk and these clean-
ing people. The chief clerk lays out the procedures, makes all of
the decisions and assignments and hires the employees. The record
shows that the head janitor does not exercise supervisory authority.
_ We find that the duties and interests of the laborers special, the
janitresses, and the head janitor are closely allied to those of the pro-
duction and maiuten utce employees, and «e shall include them in
the unit.'7
Truck-tractor drivers; mailtruck driiver; and lif ttnick driver:
There are six employees in the truck-tractor driver classification in
the service laboratories. One drives a station wagon or a 11/2-ton
pickup truck within the plant area, delivering and picking up mail,
samples, supplies, sample bottles, and mechanical equipment. He also
furnishes transportation for commuters between the laboratories
"Grand River Chemical Divi8ion of Deere 4 Company, 111 NLRB 770, 771.
HUMBLE OIL AND REFINING COMPANY 1493
The others drive 11/2-ton pickup trucks throughout the refinery on a
regular. schedule, picking up and delivering test samples. The parties
agree to the inclusion of other truck-tractor drivers and mailtruck
drivers, who work elsewhere in the plant.
The mailtruck driver, who is attached to the service department,
picks up, sorts, and delivers mail and parcel post.
The lifttruck driver, who is attached to the service laboratories,
operates a 1-ton lifttruck with which he clamps and moves barrels of
oil samples. Storehouse employees with this classification are included
in the unit by agreement.
We find that these employees in question have substantially the same
interests as the production and maintenance employees, and we shall
include them in the unit.18
Safety inspectors: There are three employees in this classification
in the safety department. They drive around the plant on scooters,
repairing and replacing broken parts on safety equipment. They
have a community of interests with the production and maintenance
employees, and we shall include them in the unit.
Safety warehousemen: There are two employees in this classifica-
tion in the safety department. They work in a warehouse. They
issue, repair, receive, and sell safety equipment to mechanical and
construction employees and maintenance employees. They have a
community of interests with the latter employees, and we shall in-
clude them in the unit.
Assistant community house attendants: There are three employees
in this classification in the administration department. These em-
ployees make reservations regarding the use of the Employer's com-
munity houses. They give instructions to laborers special, but, them-
selves, do no cleaning. The community houses are made available to
civic groups as well as plant groups. We find that these attendants
are office clericals, and shall exclude them from the unit.
We find that all production and maintenance employees, including
the employees in Appendix A attached hereto, but excluding em-
ployees in Appendix B attached hereto, and also excluding office
clerical employees, professional employees, all employees represented
by the Brotherhood of Railroad Trainmen, all employees repre-
sented by International Association of Machinists, all employees
represented by the International Brotherhood of Electrical Workers,
guards, and supervisors as defined in the Act, constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication.]
v Aerial Products , Inc., 111 NLRB 385, 887.
1494 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX A
Service Laboratories:
Laborers Special
Truck-Tractor Drivers
Lifttruck Driver
Samplers
Utility Men
Utility Man Special
Supply Clerks
Clerks
Clerk Typists
Glass Blowers
Material and Equipment Man
Maintenance Men
Test Engine Mechanic
Research and Development:
Pilot Unit Operators
Service Department:
Head Janitor
Laborers Special
Janitresses
Mailtruck Driver
Employee Relations Department:
-"Laborers Special
Plant Protection Department:
Laborers Special
Engineering Department:
Associate Photographer
Reproduction Operators
APPENDIX B
Service Laboratories:
Testers
Testers Special
Crude Assay Laboratory As-
sistants
Laboratory Assistants Special
Laboratory Assistant Senior
Laboratory Technicians
Knock Testers
Analytical Testers
Research and Development Divi-
sion :
Research Technicians
Laboratory Assistant Special
Graphic Draftsmen
Engineering Department:
Draftsmen
Oil Movement Division:
Line Draftsmen
Administration :
Assistant Community House
Attendants
Safety Division:
Safety Inspectors
Safety Warehousemen
Utility Division:
Assistant to the Chemical En-
gineer
New Orleans Furniture Manufacturing Co. and Local Union No.
891, Teamsters, Chauffeurs, Warehousemen and Helpers of
America, AFL-CIO,' Petitioner. Case No. 15-RC-13f7. June
6,1956
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held on October 27, 1955, before
i The AFL and CIO having merged after the hearing in this case , we are amending
the identification of the affiliation of the Petitioner
115 NLRB No. 243.