Shell Petroleum Corporation

National Labor Relations Board - Board Decisions

Jan 13, 1939

10 N.L.R.B. 1107 (N.L.R.B. 1939)

In the Matter of SHELL PETROLEUM CORPORATION and OIL WORKERS
INTERNATIONAL UNION, LOCAL No. 367
Case No. R-626
Election Ordered: run-off.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
January 13, 1939
On November 12, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision, Direction of Election, and Certifi-
cation of Representatives 1 in the above-entitled case. One Direction
of Election provided that an election by secret ballot be held within
fifteen (15) days from the date of the Direction among the full-time
machinists, and such of the employees who for 3 months prior to
March 4, 1938, had devoted the greater part of their time at work
as machinists, who were employed at the Deer Park Refinery of the
Shell Petroleum Corporation, Houston, Texas, herein called the Com-
pany, during the pay-roll period immediately preceding March 4,
1938, including the garage night foreman and the assistant machinist
foreman, and excluding those who had since quit or been discharged
for cause, to determine whether they desired to be represented by Oil
Workers International Union, Local No. 367, or International Asso-
ciation of Machinists, Lodge No. 12, for the purposes of collective
bargaining, or by neither. Another Direction of Election provided
that an election by secret ballot be held within fifteen (15) days from
the date of the Direction among the employees in the boilermaking
and welding department who were employed at the Deer Park Re-
finery of the Company during the pay-roll period immediately pre-
ceding March 4, 1938, including the boilermaker foreman and the
two welder foremen, but excluding the general boilermaker and
welder foreman, and excluding those who had since quit or been
discharged for cause, to determine whether they desired to be rep-
resented by Oil Workers International Union, Local No. 367, or Inter-
national Brotherhood of Boilermakers, Iron Shipbuilders, Welders
'9 N. L. R. B. 831.
10 N. L. R. B. No. 101.
1107
1108 NAT10NAL LABOR RELATIONS BOARD
and Helpers of America, for the purposes of collective bargaining,
or by neither.
Pursuant to each Direction, an election by secret ballot was con-
,ducted under the direction and supervision of Edwin A. Elliott, the
Regional Director for the Sixteenth Region (Fort Worth, Texas),
on November 25, 1938, among the employees therein specified. Full
opportunity was afforded to all the parties to this investigation to
participate in the conduct of the elections by secret ballot and to
make challenges. Thereafter the said Regional Director, acting pur-
suant 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 Intermediate Report on the elections. No ob-
jections or 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 :
A. THE MACHINISTS
Total number of ballots counted----------------------------- 40
Total number of votes for the Oil Workers International
Union, Local No. 367-------------------------------------- 20
Total number of votes for the International Association of
Machinists, Lodge No. 12--------------------------------- 19
Total number of votes for neither------------------------- 1
Total number of blank ballots------------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of challenged ballots-------------------------- 0
Total number of eligibles----------------------------------- 47
B. THE EMPLOYEES IN THE BOILERMAKING AND WELDING
DEPARTMENT
Total number of ballots counted----------------------------- 46
Total number of votes for the Oil Workers International
Union, Local No. 367------------------------------------- 40
Total number of votes for the International Brotherhood of
Boilermakers, Iron Shipbuilders, Welders, and Helpers of
America-------------------------------------------------- 5
Total number of votes for neither------------------------- 1
Total number of blank ballots------------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of challenged ballots-------------------------- 0
Total number of eligibles----------------------------------- 57
On November 29, 1938, International Association of Machinists,
Lodge No. 12, filed with the Regional Director a request for a run-
off election among the machinists with its name and that of Oil
Workers International Union, Local No. 367, appearing on the ballot.
On December 7, 1938, Oil Workers International Union, Local No.
367, filed with the Board a request for a run-off election among the
DECISIONS AND ORDERS 1109
-machinists to determine ,whether or not such employees desire to
be represented by it. It has been our. practice, where one union
receives a plurality but not a majority of the votes, as in the case
of the machinists, to direct a run-off election upon the request of the
union receiving the greater number of votes, to determine whether
or not the employees desire to be represented by such union for the
purposes of collective bargaining.2 In view of the request of the
Oil Workers International Union, Local No. 367, the Board find,
.that a run-off election should be held and will so direct. Following
the practice of the Board we shall not include on the ballot for such
,election the name of International; Association of Machinists, Lodge
No. 12.
In the Decision, Direction of Election, and Certification of Rep-
resentatives we stated that upon the results of the election among
.the machinists and the employees in the boilermaking and welding
department would rest the determination of the unit or units appro-
priate for the purposes of collective bargaining. We also stated that
if a majority of the employees in either of these groups voted for
representation by the Oil Workers International Union, Local No.
367, such group would be included in the general plant unit, but
that if a majority of the employees in either such group chose the
union opposing the Oil Workers International Union, Local No. 367,
a separate collective bargaining unit would be established for such
group.
Because of the indecisive ballot among the machinists and of our
decision to order a further election, we cannot make a final deter-
mination at this time concerning the unit or units appropriate for
the purposes of collective bargaining. We will, therefore, merely
,direct an election at this time among the machinists and will with-
hold formal certification of representatives until such time as final
determination as to the bargaining unit or units can be made.
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, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with the Shell
2 Matter of Interlake Iron Corporation and Amalgamated Association of Iron, Steel, and
Tan Workers of North America, Local No. 1657, 4 N. II R. B. 55; Matter of Fedders Mfg.
Co. and Lodge No. 1753, Amalgamated Association of Iron, Steel , and Tan Workers of North
America, 4 N L R. B. 770.
147841-39-vol. 10-71
1110 NATIONAL LABOR RELATIONS BOARD
Petroleum Corporation at its Deer Park Refinery, Houston, Texas,
an election by secret ballot shall be conducted within fifteen (15)
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 9, of said Rules and Regulations,
among the full-time machinists, and such of the employees who for
3 months, prior to March 4, 1938, have devoted the greater part of
their time at work as machinists, who were employed by the Shell
Petroleum Corporation at its Deer Park Refinery, Houston, Texas,
during the pay-roll period immediately preceding March 4, 1938,
including the garage night foreman and the assistant machinist fore-
man, and excluding those who have since quit or been discharged for
cause to determine whether or not they desire to be represented by
Oil Workers International Union, Local No. 367, for the purposes of
collective bargaining.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Supplemental Decision and Second Direction of Election.