Petroleum Iron Works Co.

National Labor Relations Board - Board Decisions

Aug 9, 1943

51 N.L.R.B. 1176 (N.L.R.B. 1943)

In the Matter of PETROLEUM IRON WORKS - COMPANY , and UNITED
STEELWORKERS- OF AMERICA, DISTRICT #37
Case No. R-5733.-Decided August 9, 1943
Mr. O. A. McCracken, Jr., of Houston, Tex., and Mr. I. C. Daugh-
erty, of Beaumont , Tex., for the Company.
Mr. Frank A. Hardesty, of Houston, Tex., for the Union.
Miss Muriel J. Levor, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, Dis-
trict #37, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees
of Petroleum Iron Works Company, Port Arthur, Texas, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Bliss Daffan, Trial Exam-
iner. Said hearing was held at Port Arthur, Texas, on July 14,
1943. The Company and the Union appeared, participated, and were
afforded full opportunity to be heard,, to examine and cross -examine,
witnesses, and to introduce evidence bearing upon the issues. The
Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. All parties' were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board "makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Petroleum Iron Works Company is an Ohio corporation with its
principal office at Sharon, Pennsylvania. The Company is engaged
in the manufacture of steel shipping drums. It operates plants lo-
cated at Sharon, Pennsylvania, Beaumont and Port Arthur, Texas.
This proceeding is concerned only with the Company's Port Arthur
51 N. L. R. B., No. 183. -
1176
PETROLEUM IRON WORKS COMPANY 1177
plant. The Company's purchases of raw materials for use in its
'Texas plants during a calendar year approximate $2,200,000, of which
90 percent is shipped from points outside the State of Texas. About
40 percent of the raw materials thus purchased is used in the Com-
pany's Port Arthur plant. During the same period of time, finished
products from the Company's Texas plants amount to about $2,800,000
in value, of which approximately 5 percent is shipped to points out-
side the State of Texas. Approximately 40 percent of these finished
products is manufactured at the Port Arthur plant.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, District #37, is a labor organi-
zation affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or.about May, 20, 1943, the Union requested the Company to
recognize it .as the exclusive bargaining representative of the Com-
pany's Port Arthur employees. The Company refused to accord
such recognition unless and until the Union is duly certified as such
representative by the Board.
A statement of the Field Examiner, introduced in evidence at the
hearing, indicates that the Union represents a substantial number of
,employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
'The Union claims as appropriate for collective bargaining purposes
a, unit composed of all production and maintenance employees, ex-
cluding clerical, plant-protection, and supervisory employees. The
Company takes no position concerning how the appropriate unit
should be constituted. We find, in accordance with the request of
the Union and our usual policy, that all production and maintenance
employees of the Company's Port Arthur plant, excluding clerical
and plant-protection employees and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
' The Field Examiner reported that the Union submitted 60 designations, of which 52
bearing apparently genuine original signatures correspond with names on the Company's
pay roll of May 1, 1943, which contains 98 names. The Field Examiner also reported
that the Union submitted 13 additional cards, 12 of which were dated June 1943, for
which no check was made, since the only pay roll in the Field Examiner' s possession
was that of May 1.
1178 DECISIONS-OF NATIONAL LABOR RELATIONS BOARD
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining- within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESF1NTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secert ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
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, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the .investigationwto ascertain representa-
tives for the purposes of collective bargaining with Petroleum Iron
Works Company, Port Arthur, Texas, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction, under the direction and super-
vision 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 10, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, who
were employed during the, pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the_polls, but excluding any
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by United Steelworkers of
America, District #37, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining.
CHAIRMAN MII.LIS took no part in the consideration of the above
Decision and Direction of Election.