Humble Oil & Refining Co.

National Labor Relations Board - Board Decisions

Dec 27, 1943

54 N.L.R.B. 78 (N.L.R.B. 1943)

In the Matter of HUMBLE OIL & REFINING COMPANY and LOCAL 1002,
OIL WORKERS INTERNATIONAL UNION, CIO
In the Matter of HUMBLE OIL & REFINING COMPANY and BROTHERHOOD
OF RAILROAD TRAINMEN
In the Matter Of HUMBLE OIL & REFINING COMPANY-and INTERNATIONAL
ASSOCIATION OF MACHINISTS, DIsTRICr #37
In the Matter Of HUMBLE OIL & REFINING COMPANY and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL No. 644
Cases Nos. R-5746 to R-5749 inclusive, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Decided December 27, 1943
On November 23 and 24, 1943, pursuant to a Decision and Direction
of Elections issued by the Board herein on October 27, 1943,1 separate
elections by secret ballot were conducted under the direction and super-
vision of the Regional Director for the Sixteenth Region , (Ft. Worth,
Texas ). Thereafter , on November 27, .1943, in accordance with the
Rules and Regulations of the Board , a Report on Ordered Election
was issued and served upon all parties . No objections to the said
report or to the conduct of the ballot have been filed by any of the
parties.
As to the balloting and its results, the Regional Director -reported
as follows :
Unit 1:
Percentage of eligibles casting ballots---------------------------- 84.4
Percentage of impounded ballots-- --------------------------------- 3.3
Percentage of challenged ballots------- --------------------------- 0.3
Percentage of void ballots ----------------------------------------- 0.0
Percentage of valid votes cast for:,
Local 1002, Oil Workers International Union CIO -------------- 35.2
Baytown Employees Federation------------------------------- 64.0
Neither ------------------------------------------------------ 0.8
3 53 N. L. R. B. 116.
54 N. L. R. B., No. 16.
78
HUMBLE OIL & REFINING COMPANY 79
Unit 2: '
Percentage of eligibles casting ballots------------------------------ 100.0
Percentage of void ballots---------------------------------------- 0.0
Percentage of challenged ballots---------------------------------- 0 0
Percentage of eligibles casting valid votes-------------------------- 100.0
Percentage of valid votes cast for :
Brotherhood of Railroad Trainmen---------------------------- 72.0
Baytown Employees Federation------------------------------- 28.0
Neither ------------------------------------------------------ 0.0
Unit 3:
Percentage of eligibles casting ballots------------------------------ 91.7
Percentage of void ballots----------------------------------------- 0.0
Percentage of challenged ballots---------------------------------- 0.0
Percentage of eligibles casting valid votes-------------------------- 291.2
Percentage of valid votes cast for:
International Association of Machinists, District #37----------- 83.s
Baytown Employees Federation------------------------------- 16.2
Neither ------------------------------------------------------ 0.0
Unit 4:
Percentage of eligibles casting ballots----------------------------- 100.0
Percentage of void ballots----------------------------------------- 0.0
Percentage of challenged ballots----------------------------------- 0.0
Percentage of eligibles casting valid votes-------------------------- 100.0
Percentage of valid votes cast for :
International Brotherhood of Electrical Workers, Local No. 644-- 94. 3
Baytown Employees Federation------------------------------- 5.7
Neither ------------------------------------------------------ 0.0
Since the ballots impounded and the challenged ballots cannot af-
fect the results of the elections, we find it unnecessary to make any
determination with respect to them.
In the Decision and Direction of Elections previously referred to,
the Board made no final determination as to the appropriate unit or
units. The Board there stated ". . . There will be no final deter-
mination of the appropriate unit or units pending the results of the
elections. If the BRT, the TAM, or the IBEW receive a majority of
the votes cast in their respective voting groups, the employees in
said groups will constitute separate appropriate units. Those groups
choosing the Federation will, together, constitute a single appropriate
unit."
On the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that each of the following groups of employees of the Com-
pany constitutes a separate unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act:
1. All production and maintenance employees of the Company at
the Baytown Refinery, including employees of the Baytown Ordnance
2 Thus in Report on Ordered Election.
80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
Works, Plancor 485 and Plancor 1082, and employees of the reclama-
tion and blacksmith departments, but excluding the classifications of
employees listed in Appendix "A" in the Decision and Direction of
Elections, herein, and excluding office employees, clerks, plant-protec-
tion employees, technical and research employees, medical depart-
ment employees, railroad employees, machinists and electricians, and
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action.
2. All employees of the railroad, department of the Company at
Baytown, but excluding all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action.
3. All employees in the machinist department of the refinery, and
all other machinists at Baytown, but excluding all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action.
4. All electricians and electricians' helpers in the electric depart-
ment of the refinery and all other electricians and electricians' helpers
at Baytown, but excluding all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Sections 9 and 10, of National
Labor Relations Board Rules and Regulations-Series 3,
IT IS HEREBY CERTIFIED that Baytown Employees Federation has
been designated and selected by a majority of all production and
maintenance employees of Humble Oil & Refining Company, Bay-
town, Texas, at the Baytown Refinery, including employees of the
Baytown Ordnance Works, Plancor 485 and 1082, and employees of
the reclamation and blacksmith departments, but excluding the clas-
sifications of employees listed in Appendix "A" in the Decision and
Direction of Elections herein, and excluding office employees, clerks,
plant-protection employees, technical and research employees, medi-
cal department employees, railroad employees, machinists and elec-
tricians, and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, as their represent-
ative for the purposes of collective bargaining, and that, pursuant to
Section 9 (a) of the National Labor Relations Act, the aforesaid or-
HUMBLE OIL & REFINING COMPANY 81
ganization is the exclusive representative of all such employees for
the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment;
IT IS HEREBY CERTIFIED that Brotherhood of Railroad Trainmen
has been designated and selected by a majority of all employees of
the railroad department of Humble Oil & Refining Company, Bay-
town, Texas, but excluding all 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, pursuant to Section 9 (a) of the National Labor Relations Act,
the aforesaid organization is the exclusive representative of all such
employees for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
employment;
IT IS HEREBY CERTIFIED that International Association of Machin-
ists District #37, has been designated and selected by a majority of
all employees in the machinist department of the refinery, of Hum-
ble Oil & Refining Company, Baytown, Texas, and all other machin-
ists at Baytown, but excluding all 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 bargain-
ing, and that, pursuant to Section 9 (a) of the National Labor Rela-
tions Act, the aforesaid organization is the exclusive representative
of all such employees for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other con-
ditions of employment ;
IT IS HEREBY CERTIFIED that International Brotherhood of Elec-
trical Workers, Local No. 644, has been designated and selected by a
majority of all electricians and electricians' helpers in the electric
department of the refinery of Humble Oil & Refining Company, Bay-
town, Texas, and all other electricians and electricians' helpers at
Baytown, but excluding all 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 National Labor Relations Act, the afore-
said organization is the exclusive representative of all such employees
for the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment.
567900-44-vol. 54-7