Shell Oil Company

National Labor Relations Board - Board Decisions

Jan 21, 1939

10 N.L.R.B. 1370 (N.L.R.B. 1939)

In the Matter of SHELL OIL COMPANY and INTERNATIONAL ASSOCIATION
OF OIL FIELD, GAS WELL AND REFINERY WORKERS OF AMERICA
Case No. R-551
SUPPLEMENTAL DECISION
AND
ORDER
January 1,11, 1939
On May 24, 1938, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election' in the above-
entitled case. The Direction of Election provided that an election by
secret ballot be held within thirty (30) days from the date of the
Direction among five groups of employees of Shell Oil Company of
California which, when taken together, constituted all employees of
Shell Oil Company of California, as of November 15, 1937, engaged
within the State of California in the production, pipe-line, and re-
finery departments and the automotive and telephone departments
operated in conjunction therewith, excluding clerical employees and
supervisory employees having the power to hire and discharge, and
excluding also employees who had quit or had been discharged for
cause since November 15, •1937. '
On,August 16, 1938, the Board issued a Supplemental Decision and
Second Direction of Election,2 setting out the results of the balloting
conducted pursuant to the previous Direction and directing further
elections for two of the five groups of employees in view of the indeci-
sive results of the first ballot in each of these groups.
On November 16, 1938, the Board issued a Supplemental Decision,
Certification of Representatives, Third Direction of Election, and
Order 3 in which a third election was directed for employees in one
of the five groups due to the indecisive result of the second ballot in
that group. Because the International Brotherhood of Boilermakers,
Iron Ship Builders, Welders, and Helpers of America had received a
plurality but not a majority of the votes cast in the second ballot, the
Board granted the request of that union to have its name placed upon a
run-off ballot. The Third Direction of Election provided that an
17 N. L. R. B. 417.
a 8 N. L R B 920
3 9 N. L. R B. 908.
10 N. L. R. B., No. 119.
1370
DECISIONS AND ORDERS 1371
election by secret ballot be held within thirty (30) days from the date
of the Direction, among all employees listed on Intervenors Exhibit
No. 15, introduced in evidence at the hearing conducted in this proceed-
ing from November 22 to December 23, 1937, except those who had
quit or been discharged for cause since November 15, 1937, to deter-
mine whether or not they desired to be represented by the International
Brotherhood of Boilermakers, Iron Ship Builders, Welders, and
Helpers of America, for the purposes of collective bargaining.
Pursuant to the Third Direction of Election, an election by secret
ballot was conducted on December 13, 1938. On December 22, 1938,
Towne J. Nylander, Regional Director for the Twenty-first Region
(Los Angeles, California), acting pursuant to Article III, Section 9,
of National Labor Relations Board Rules and Regulations-Series 1,
as amended, issued his Intermediate Report upon secret ballot, copies
of which were duly served upon all parties having an interest in the
balloting. No exceptions to the Intermediate Report have been filed
by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total Number Eligible--------------------------------------- 71
Total Number of Ballots Counted---------------------------- 56
Total Number of Votes For International Brotherhood of
Boilermakers, Iron Ship Builders, Welders, and Helpers
of America, Affiliated with the A F. of L--------------- 27
Total Number of Votes Against International Brotherhood of
Boilermakers, Iron Ship Builders, Welders, and Helpers of
America, Affiliated with the A. F of L------------------ 29
Total Number of Blank Ballots----------------------------- 0
Total Number of Void Ballots------------------------------ 1
Total Number of Challenged Votes-------------------------- 2
One of the two challenges was made by the Regional Director
on the ground that the voter had cast a ballot in a previous election
as a machinist. We concur with the Regional Director in his chal-
lenge of this ballot. The remaining challenge need not be considered,
since the vote which it attacks would not alter the result of the elec-
tion if counted. Furthermore, no exception has been taken by any
of the parties to the Regional Director's ruling that this challenge
should be allowed to stand.
We find that no collective bargaining representative has been
designated by a majority of the employees listed on Intervenors Ex-
hibit No. 15, introduced in evidence at the hearing conducted in this
proceeding from November 22 to December 23, 1937. The petition
for investigation and certification of representatives filed by the Oil
Workers International Union will therefore be dismissed in so far
as it relates to the employees listed on said exhibit and to other
employees performing like functions.
1372 NATIONAL LABOR RELATIONS BOARD
ORDER
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, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT IS HEREBY ORDERED that the petition for investigation and certi-
fication of representatives of all employees of Shell Oil Company of
California engaged within the State of California in the production,
pipe-line, and refinery departments and the automotive and telephone
departments operated in conjunction therewith, excluding clerical
employees and supervisory employees having the power to hire and
discharge, filed by Oil Workers International Union, be, and it hereby
is, dismissed in so far as it relates to employees listed on Intervenors
Exhibit No. 15, introduced in evidence at the hearing conducted
in this proceeding from November 22 to December 23, 1937, and to
other employees performing like functions.
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