39 N.L.R.B. 1196 (N.L.R.B. 1942)

Shell Development Co., Inc.

National Labor Relations Board - Board DecisionsMar 26, 1942

39 N.L.R.B. 1196 (N.L.R.B. 1942)

In the Matter of SHELL DEVELOPMENT COMPANY, INC. and INTERNA- TIONAL FEDERATION OF ARCHITECTS, ENGINEERS, CHEMISTS AND TECHNICIANS Case No. R-324.5 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES March 26, 194. On January 13, 1942, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding ,, directing that separate elections by secret ballot be conducted among the following employees of Shell Develop- ment Company , Inc., herein called the Company, at its Laboratories at Emeryville , California : ( 1) the non-professional employees who were included in the group designated in the Direction of Elections as "Group A"; (2) the professional employees who were included in the group designated in such Direction as "Group B ." Pursuant to such Direction , elections by secret ballot were conducted on February 11, 1942, under the direction and supervision ' of the Regional Director for the Twentieth Region ( San Francisco , California ). On Febru- ary 13, 1942 , the Regional Director , acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended , issued an Elections Report , copies of which were duly served upon the parties . No objections to the conduct of the ballot or the Elections Report have been filed by any of the parties. As to the balloting and its results , the Regional Director reported as follows : Group A Total number eligible to vote__ _______________________________ 268 Number of votes for International Federation of Architects, Engineers , Chemists and Technicians _______________________ 161 Number of votes against International Federation of Architects, Engineers, Chemists and Technicians_______________________ 84' Total number of votes counted_______________________________ 245 Number of blank ballots_____________________________________ 0 Number of void ballots_______________________________________ 0 Number of challenged ballots_________________________________ 1 1 38 N L. R. B 192 39 N. L It. B., No. 222. 1196 SHELL DEVELOPMENT COMPANY, INC. 1197 Group B Total. number eligible to vote______ -------------------------- 223 Number of votes for International Federation of Architects, Engineers , Chemists and Technicians_______________________ 87 Number of votes against International Federation of Architects, - Engineers , Chemists and Technicians______________________ 117 Total number of votes counted______________________________ 204 Number of blank ballots______________________5 Number of void ballots -------------------------------------- 0 Number of challenged ballots_______________________________ 3 In its Decision and Direction of Elections, the Board made no final determination as to the appropriate unit for the purposes of collective bargaining pending the elections to be held among the employees included in "Group A" and "Group B." The Board` stated' that if both groups selected International Federation of Architects, 'Engineers, Chemists and Technicians,'herein called the Union, as their represen- tative, they would together constitute an appropriate unit, and that if only one of the two groups selected the Union as its representative, that group would alone constitute an appropriate unit. Upon the basis of the entire record, the Board makes the following : SUPPLEMENTAL FENDING OF FACT' We find that all employees of the Company at its Laboratories at Emeryville, California, excluding the employees in the General Office Department, Secretaries-Stenographers Department, Stenographic De- partment, Technical Files Department, and Library Department, the Kitchen Staff, executives, the Associate Director, the Assistant Direc- tors, department beads,, the chemists, junior chemists, physicists, junior physicists, engineers, and junior engineers, and the six assistants to the Assistant Director's and the employee classified as "Chemist (Stand- ardization)" in the Administrative Department, constitute a unit appropriate for the purposes of-collective bargaining, and that said unit will insure to employees, of the Company at its Laboratories at Emeryville, California, the full benefit, of their right to self-organiza- tiori and to collective bargaining and otherwise will effectuate the poli- cies of the National Labor Relations Act. Upon the basis of the above finding of fact and upon the entire record in the case, the Board makes the following : SUPPLEMENTAL CONCLUSION OF LAW All employees of the Company at its Laboratories at Emeryville, California, excluding the employees in the General Office Department, Secretaries-Stenographers Department, Stenographic Department, Technical Files Department, and Library Department, the Kitchen 1198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Staff, executives, the Associate Director, the Assistant Directors, De- partment heads, the chemists, junior chemists, physicists, junior phy- sicists, engineers, and junior engineers, and the six assistants to the Assistant Directors and the employee classified as "Chemist (Stand- ardization)" in the Administrative Department, constituted a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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 Relations 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 I. HEREBY CERTIFIED that International Federation of Architects, Engineers, Chemists and Technicians, affiliated with the Congress of Industrial Organizations, has been designated and selected by a ma- jority of all employees of Shell Development Company, Inc., at its Laboratories at Emeryville, California, excluding the employees in the General Office Department, Secretaries- Stenographers Depart- ment, Stenographic Department, Technical Files Department, and Library Department, the Kitchen Staff, executives, the Associate Di- rector, the Assistant Directors, department heads, the chemists, junior chemists, physicists, junior physicists, engineers, and junior engineers, and the six assistants to the Assistant Directors and the employee clas- sified as "Chemist (Standardization)" in the Administrative Depart- ment, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, International Federation of Architects, Engineers, Chemists and Technicians, affiliated with the Congress of Industrial Organizations, is the exclusive representative of all such employees for the purposes of collective bargaining, in respect to rates of pay, wages, hours of employ- ment, and other conditions of employment.