Pan American Refining Corp.

National Labor Relations Board - Board Decisions

May 21, 1942

41 N.L.R.B. 161 (N.L.R.B. 1942)

In the Matter Of PAN AMERICAN REFINING CORPORATION and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, LOCAL No. 1446, OF DISTRICT 37,
AFFILIATED WTH THE A. F. OF L.
In the Matter of PAN AMERICAN REFINING CORPORATION and TEXAS
CITY EMPLOYEES FEDERATION , UNAFFILIATED
Cases Nos. R-2681 and R 2680, respectively
SUPPLEMENTAL DECISION
AND
DIRECTION OF RUN-OFF ELECTION
May 21, 1942
On September 24, 1941, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceed-
ings.' On October 22, 1941, the Board issued an Amendment to
Direction of Election.2 On November 24, 1941, the Board issued a
Second Amendment to Direction of Election.3 On February 6, 1942,
the Board issued a Supplemental Decision and Amendments to Direc-
tion of Election.' On March 6, 1942, the Board issued a Second
Amendment to Direction of Election.5 Pursuant to the Decision and
Direction of Election, as amended, an election by secret ballot was
conducted on May 5, 1942, under the direction and supervision of the
Regional Director for the Sixteenth Region (Fort Worth, Texas).'
On May 7, 1942, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued and duly served upon the parties
an Election Report on the ballot. No objections to the conduct of
the ballot or the Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list___________________________________ 1, 027
Total ballots cast________________________________________ 864
1 35 N. L. R. B. 725
2 36 N. L. R. B. 346.
3 36 N. L. R. B. 347.
4 38 N. L R. B 985.
5 39 N. L. R. B. 563
6 On April 30, Texas City Employees Federation requested permission to have its name
withdrawn from the ballot . On May 2, 1942, the Board granted the request.
41 N. L. R. B., No. 34.
463892-42-vol. 41--11 161
162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total ballots challenged---------------------------------- 0
Total blank ballots--------------------------------------- 2
Total void ballots---------------------------------------- 19
Total valid votes counted--------------------------------- 843
Votes cast for Oil `Yorkers International Union, Local 449
(CIO) -----------------------,------------------------- 353
Votes cast for American Federation of Labor (Machinists,
Boilermakers, Hod Carriers and Electricians) ------------ 354
Votes cast for Neither------------------------------------ '136
Thereafter, Oil Workers International Union, Local 449, filed a
formal request for a run-off election to be held by the Board. Al-
though neither 'of the competing labor organizations received a
majority of the votes cast, the results of the election show that a
substantial number of employees voting desire to bargain collectively
with the Company. Accordingly, we shall direct a run-off election
in which the eligible employees will be given an opportunity to decide
whether they desire to be represented by International Association
of Machinists, Local No. 1446, of District 37, and the International
Hod Carriers' Building and Common Laborers Union, and the Inter-
national Brotherhood of Boilermakers, Iron Shipbuilders and Helpers
of America, and the International Brotherhood of Electrical Work-
ers, Local 527, all affiliated with the American Federation of Labor,
or by Oil Workers International Union, Local 449, affiliated with
the Congress of Industrial Organizations.
DIRECTION OF RUN-OFF ELECTION
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Pan American Refining Corporation, Texas City, Texas, an elec-
tion by secret ballot shall be conducted as soon as possible, but not
later than thirty (30) days from this Supplemental Decision and Di-
rection of Run-off Election, under the direction and supervision of the
Regional Director for the Sixteenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 9, of said Rules and Regulations, among the employees
described in the Supplemental Decision and Amendments to Direc-
tion of Election, issued on February 6, 1942, but excluding those who
have since quit or been discharged for cause,, to determine whether
they desire 'to be represented by International Association of Ma-
chinists, Local No. 1446, of District 37, and the International Hod
PAN AMERICAN REFINING. CORPORATION 163
Carriers' Building and Common Laborers Union, and the Inter-
national Brotherhood of Boilermakers, Iron Shipbuilders and Helpers
of America, and the International Brotherhood of Electrical Work-
ers, Local 527, all affiliated with the American Federation of Labor,
or by Oil Workers International Union, Local 449, affiliated with
the Congress of Industrial Organizations, for the purposes of collec-
tive bargaining.
In the Matter of PAN-AMERICAN REFINING CORPORATION and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, LOCAL No. 1446, OF DISTRICT
37, AFFILIATED WITH THE A. F. OF L.
In the Matter Of PAN-AMERICAN REFINING CORPORATION and TEXAS
CITY EMPLOYEES FEDERATION, UNAFFILIATED
Cases Nos. R-2681 and R-2682, respectively
CERTIFICATION OF REPRESENTATIVES
June 23, 191
On September 24, 1941, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceeding.,
On October 22, 1941, the Board issued an Amendment to Direction
of Election.2 On November 24,. 1941, the Board issued a Second
Amendment to Direction of Election.3 On February 6, 1942, the
Board issued a Supplemental Decision and Amendments to Direction
of Election.4 On March 6, 1942, the Board issued a Second Amend-
ment to Direction of Election.5 On May 21, 1942, the Board issued
a Supplemental Decision and Direction of Run-Off Election 6 Pur-
suant to the Direction of Run-Off Election, an election by secret
ballot was conducted on June 5, 1942, under the direction and super-
vision of the Regional Director for the Sixteenth Region (Fort
Worth, Texas). On June 8, 1942, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties an Election Report on the ballot. No objections to
the conduct of the ballot or the Election Report have been filed by
any of the parties. As to the balloting and its results, the Regional
Director reported as follows :
Total on eligibility list___________________________________ 1,011
Total ballots cast________________________________________ 850
Total ballots challenged ----------------------------------- 1
Total blank ballots_______________________________________ 2
1 35 N. L . It. B. 725 4 38 N. L. R B. 985.
2 36 N. L R. B 346. 6 39 N. L. It. B. 563
s 36 N. L . R. B. 347. 6 41 N. L. R B. 161
41 N. L. R. B., No. 34a.
164
PAN-AMERICAN REFINING CORPORATION 165
Total void ballots---------------------------------------- 10
Total valid votes counted--------------------------------- 837
Votes cast for Oil Workers International Union, Local 449,
Affiliated with the C. I. 0------------------------------ 462
Votes cast for American Federation of Labor (Machinists,
Boilermakers, Hod Carriers, and Electricians) ----------- 375
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series
2, as amended,
IT IS HERBY CERTIFIED that Oil Workers International Union, Local
449, affiliated with the Congress of Industrial Organizations, has been
designated and selected by a majority of all production and main-
tenance remployees of Pan-American Refining Corporation, Texas
City, Texas, including laboratory employees who work as testers
making routine examinations, employees of the labor department,
machine-shop employees, and boilermakers, but excluding clerical,
office, technical or research, and supervisory employees, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to Section 9 (a) of the Act, Oil Workers International Union, Local
449, affiliated with the Congress of Industrial Organizations, 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.