11 N.L.R.B. 572 (N.L.R.B. 1939)

Shell Petroleum Corp.

National Labor Relations Board - Board DecisionsFeb 21, 1939

11 N.L.R.B. 572 (N.L.R.B. 1939)

In the Matter of SHELL PETROLEUM CORPORATION and OIL WORKERS INTERNATIONAL UNION, LOCAL No. 367 Case No. R-626 SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES February 21, 1939 On November 12, 1938, the National Labor Relations Board, herein called the Board, issued a Decision, Direction of Election, and Cer- tification of Representatives I. in the above-entitled case. On Jan- uary 13, 1939, the Board issued a Supplemental Decision and Second Direction of Election.2 The Second Direction of Election directed that an election by secret ballot be conducted within fifteen (15) days from the date of the Second Direction, among the full-time machinists and such of the employees who, for 3 months prior to March 4, 1938, had de- voted the greater part of their time at work as machinists, who were employed at the Deer Park Refinery of the Shell Petroleum Corpora- tion, Houston, Texas, herein called the Company, during the pay- roll period immediately preceding March 4, 1938, including the garage night foreman and the assistant machinist foreman, and ex- cluding those who had since quit or been discharged for cause, to determine whether or not they desired to be represented by Oil Work- ers International Union, Local No. 367, for the purposes of collective bargaining. Pursuant to the Second Direction, an election by secret ballot was conducted, on January 27, 1939, under the direction and super- vision of Edwin A. Elliott, the Regional Director for the Sixteenth Region (Fort Worth, Texas). Full opportunity was afforded to all the parties to this investigation to participate in the conduct of the election by secret ballot and to make challenges. Thereafter, the said Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued and duly served upon the parties his Inter- mediate Report on the election. No objections or exceptions to the Intermediate Report have been filed by any of the parties. 19 N. L. R. B. 831. m 10 N. L R. B. 1107. 11 N. L. R. B., No. 47. 572 SHELL PETROLEUM COMPANY ET AL. 573 As to the balloting and its results , the Regional Director reported as follows : Total number of ballots counted---------------------------- 46 Total number of votes for Oil Workers International Union, Local 367------------------------------------------------ 26 Total number of votes against Oil Workers International Union, Local 367----------------------------------------- 20 Total number of void ballots------------------------------- 0 Total number of blank ballots------------------------------- 0 Total number of challenged ballots-------------------------- 0 Total number of eligibles----------------------------------- 49 Upon the basis of the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT We find that all the hourly paid employees of the Company at its Deer Park Refinery, including stillmen, treaters, dock shift fore- men, boiler house shift foremen, iso-octane shift foremen, stabilizer shift foremen, laboratory shift foremen, labor subforemen, the as- sistant instrument foreman, the assistant electrical foreman, the car- pentry foreman, the painting foreman, the assistant pipe fitter fore- man, the assistant clean out foreman, the insulator foreman, the as- sistant floor foreman, the assistant loading rack foreman, the head dispatcher, the assistant head dispatcher, the motor laboratory fore- man, the machinists including the garage night foreman and the assistant machinist foreman, and the employees in the boiler making and welding department including the boiler making foreman and the welder foremen, but excluding bricklayers, clerical employees, general foremen, and department heads and their immediate as- sistants, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Com- pany the full benefit of their right to self-organization and to col- lective bargaining and otherwise effectuate the policies of the Act. We further find that the Oil Workers International Union, Local No. 367, has been designated and selected by a majority of the above- described unit as their representative for the purposes of collective bargaining. It is, therefore, the exclusive representative of all em- ployees in such unit for the purposes of collective bargaining, and we will so certify. SUPPLEMENTAL CONCLUSIONS OF LAW 1. All the hourly paid employees of Shell Petroleum Corporation at its Deer Park Refinery, Houston, Texas, including stillmen, treaters, dock shift foremen, boiler house shift foremen, iso-octane shift foremen, stabilizer shift foremen, laboratory shift foremen, 574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD labor subforemen, the assistant instrument foreman, the assistant electrical foreman, the carpentry foreman, the painting foreman, the assistant pipe fitter foreman, the assistant clean out foreman, the in- sulator foreman, the assistant floor foreman, the assistant loading rack foreman, the head dispatcher, the assistant head dispatcher, the motor laboratory foreman, the machinists including the garage night foreman and the assistant machinist foreman, and the employees in the boiler making and welding department including the boiler mak- ing foreman and the welder foremen, but excluding bricklayers, clerical employees, general foremen, and department heads and their immediate assistants, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 2. Oil Workers International Union, Local No. 367, is the exclusive representative of all the employees in such unit for the purposes of collective bargaining within the meaning of Section 9 (a) 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 Rela- tions 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 CERTIFIED that Oil Workers International Union, Local No. 367, has been designated and selected by a majority of all the hourly paid employees of Shell Petroleum Corporation at its Deer Park Refinery, Houston, Texas, including stillmen, treaters, dock shift foremen, boiler house shift foremen, iso-octane shift foremen, stabilizer shift foremen, laboratory shift foremen, labor subforemen, the assistant instrument foreman, the assistant electrical foreman, the carpentry foreman, the painting foreman, the assistant pipe fitter foreman, the assistant clean out foreman, the insulator foreman, the assistant floor foreman, the assistant loading rack foreman, the head dispatcher, the assistant head dispatcher, the motor laboratory fore- man, the machinists including the garage night foreman and the as- sistant machinist foreman, and the employees in the boiler making and welding department including the boiler making foreman and the welder foremen, but excluding bricklayers, clerical employees, general foremen, and department heads and their immediate assist- ants, as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, Oil Workers International Union, Local No. 367, is the exclusive represent- ative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.