Sinclair Rubber, Inc.

National Labor Relations Board - Board Decisions

Jul 7, 1945

62 N.L.R.B. 1183 (N.L.R.B. 1945)

In the Matter of SINCLAIR RUBBER, INC. and OIL WOKERS INTERNATIONAL
UNION, CIO, LOCAL 227
Case No. 16-R-1321.-Decided July 7, 1945
Messrs. Tom M. Davis, H. L. Polder, and I. J. Burkholt, of Houston,
Tex., for the Company.
Messrs. Herman Wright and H. E. Guthrie, of Houston, Tex., for the
Union.
Mr. Harry Nathanson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Oil Workers International Union, CIO,
Local 227, herein called the Union, alleging that a question affecting conL-
merce had arisen concerning the repre§entation of employees of Sinclair
Rubber, Inc., Houston, Texas, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Lewis Moore, Trial Examiner. Said hearing was held at
Houston, Texas, on May 4 and 6, 1945. The Company and the Union ap-
peared and, participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties were
afforded an 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 TIIE COMPANY
The Company is a Delaware corporation having its principal offices at
Houston, Texas. It is a wholly owned subsidiary of the Sinclair Refining
Company, herein called the Refining Company, a corporation directly
engaged in interstate commerce.
62 N. L. R. B., No. 154.
1183
1184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company was organized by the Refining Company in 1942 at the
request of an agency of the United States Government for the sole purpose
of managing and operating a butadiene producing plant located at. Houston,
Texas. The plant and all its equipment are owned by Defense Plant Cor-
poration, a subsidiary of Reconstruction Finance Corporation. All raw
materials used in the plant and all the finished products are owned by
Rubber Reserve Company, also a subsidiary of Reconstruction Finance
Corporation.
Butadiene, the principal product manufactured by the Company, is proc-
essed from petroleum. It is a raw material used in' the manufacture of syn-
thetic rubber and, as such, its production is an important part of the war
effort. A substantial amount of the raw materials used in producing buta-
diene is shipped to the Company's plant from points outside the State of
Texas.' All of the butadiene produced at the Company's plant is delivered,
at the direction of the Rubber Reserve Company, within the State of Texas
to the Goodyear Tire and Rubber Company. The latter, in turn, uses the
butadiene for the manufacture of synthetic rubber and synthetic rubber
products, which are used throughout the world in connection with the
prosecution of the war effort'
The Company employs approximately 640 non-supervisory employees.
The Company has full control over the hiring and discharging of all per-
sonnel and their working conditions, with the exception of supervisory
employees whose employment is approved by the Rubber Reserve Company.
The labor relations policies of the Company are determined by the Refining
Company with the only limitation being that such policies are not to be
contrary to anything contained in the operating agreement and lease agree-
ment between the Company and the owning corporations created by the
Government. One of the said agreements specifically provides that the em-
ployees of the Company are in no event to be considered employees of the
United States. Except for incorporating in one or the other of the said
agreements provisions which are applicable generally at the present time
to all industries, such as payment of minimum wages, payment for overtime
work, and non-discrimination against any employee because of race, sex, or
religion, the agreements contain no limitations on the labor relations policies
which the Company may pursue. The employees are paid by checks drawn
on a joint bank account of Rubber Reserve Company and Sinclair Rubber,
Inc., with money supplied by Rubber Reserve Company. From the employ-
ees' earnings the Company makes certain authorized deductions, including
social security deductions.
Upon the facts stated above, we find that the Company is an employer
? A substantial amount of all such raw materials is supplied by the Sinclair Refining Company.
After extracting butadiene from petroletmt it is possible to produce a certain number of byproducts,
These byproducts are usually shipped by the Company upon orders from the Rubber Reserve Company,
to companies located outside the State of Texas.
SINCLAIR RUBBER, INC. 1185
within the meaning of Section 2 (2) of the National Labor Relations Act,
and that it is engaged in commerce within the meaning of Section 2 (6) and
(7) of the National Labor Relations Act'
II. THE ORGANIZATION INVOLVED
Oil Workers International Union, Local 227, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until the
Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner, introduced into evidence at the hear-
ing, 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 meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union desires a unit consisting of all "clerical and office employees
except for two confidential secretaries and technical employees." While the
Company agrees that a unit of office and clerical employees is appropriate,
it would exclude all employees in the administrative, treasury, personnel
and safety, and technical service departments, and, in addition, all employees
whose duties are confidential, supervisory, administrative, technical, or
professional'
The employees in dispute, whom the Union would include and the Coin-
pany would exclude, are as follows :
Administrative Department: In addition to the supervisor and secretary
whom the parties agree to exclude, the Company employs in this department
the secretary to the company manager, and a typist. The record is clear.
that the secretary to the company manager performs duties usual to her
classification and in the course of her work handles confidential matters
relating to the Company's labor relations. The typist, in addition to her
regular duties, devotes a portion of her time to operating a telegraph and
teletype machine. Although the Company asserts that she transmits and
receives information with respect to the Company's labor relations, it is
See Matter of Sinclair Rubber, Inc , 57 N L. R B 800, and cases cited therein
The Field Examiner reported that the Union submitted 34 authorization cards bearing apparently
genuine signatures and that there were 88 employees in the alleged appropriate unit
5 All parties agree to exclude the supervisor and one secretary in the administrative department, and
the nurse in the first aid depai tment.
1186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
clear that she does not bear a confidential relationship to.management and
that her duties are merely clerical,in nature. Accordingly, we shall exclude
the secretary to the company manager and include the typist.
Treasury Department: The Company employs a secretary, stenographer,
senior clerk, and pay-roll machine operator in this department. In the course
of her duties the secretary handles confidential matters involving the Com-
pany's labor policies.' The stenographer occupies the same office with the
secretary and performs, secretarial work for the treasurer and assistant
treasurer. Her work is similar to that of the secretary, and she takes care
of the same type of confidential matters. The senior clerk, clerk, and pay-
roll machine operator are bonded and prepare pay checks, pay rolls, and
applications for war bonds, as well as records regarding earnings, group
insurance, and social security and withholding taxes. Although the Com-
pany contends that these employees have access to personnel files for the
purpose of determining how checks are io be made out, their duties do not
encompass the examination of these in order to obtain confidential informa-
tion concerning labor relations. Accordingly, we shall exclude the secretary
and stenographer, and include the senior clerk, clerk, and pay-roll machine
operator
Personnel and Safety Department: The Company employs five stenog-
raphers in this department whose duties involve the handling of personnel
files which contain information concerning the employment of all employees,
their Selective Service status, investigation of references, personal history,
disciplinary matters, and absenteeism. In addition, the personnel depart-
ment handles typing of the results of investigations relating to grievances,
and in the course of these investigations statements are frequently taken
from other employees. In view of the confidential nature of the work of
these employees, particularly with respect to the handling of grievances, we
shall exclude them.
Technical Service Department: The Company employs a stenographer
and clerk in this department. It is clear that the stenographer is the secre-
tary to the chief of technical service and performs confidential duties in-
volving personnel matters. The clerk prepares reports on secret matters
covered by the Espionage Act, but does not handle matters directly per-
taining to labor relations. Accordingly, we shall exclude the stenographer
and include the clerk.
Miscellaneous confidential employees: Although the Union would in-
clude the secretary to the general auditor, a clerk to the head storekeeper,' a
stenographer in the laboratory,' a stenographer in the purchasing depart-
r, In its brief, the Union agiecs to exclude this enmployee.
Millis Dewalt.
8 Helen Horn.
4
SINCLAIR RUBBER, INC. 1187
ment," the secretary in the processing department , the clerk and stenog-
rapher in the utilities department, the two stenographers in the engineering
and maintenance department , and the stenographer in the maintenance
department , it is plain that these employees perform secretarial duties of a
nature which involves confidential matters respecting the Company 's labor
relations. Accordingly , we shall exclude them.
Miscellaneous non-confidential , supervisory, and technical employees:
The senior clerk" in the maintenance department schedules general job
orders among the various crafts. The Company seeks to exclude him on
the ground that he occupies the same office with the master mechanic and
his stenographer , and that he may have occasion to overhear conversations
and acquire information concerning personnel matters . We do not consider
this sufficient reason to warrant his exclusion.
Although the Company would exclude the telephone operator , because
she may overhear conversations of a confidential nature pertaining to labor
relations, we do not agree that the fact affords adequate basis for her
exclusion.
The assistant plant pay master is employed in the time department. This
employee has five workers under his direction and has authority effectively
to recommend changes in their status . We shall exclude him.
The Company employs three draftsmen whose duties are to prepare
drawings under the supervision of the chief engineer and to make estimates
and field surveys. The record is clear that draftsmen do work which is
purely technical . Accordingly , we shall exclude them.
We find that all clerical and office employees of the Company, including
the typist in the administrative department ; the senior clerk, clerk, and
pay-roll machine operator in the treasury department ; the clerk in the
technical service department ; the senior clerk in the maintenance depart-
ment ; and the telephone operator , but excluding the supervisor and secre-
taries in the administrative department , the nurse in the first aid depart-
ment ; the secretary and stenographer in the treasury department ; the
stenographers in the personnel and safety department, the stenographer in
the technical service department ; the secretary to the general auditor, the
clerk to the head storekeeper, the stenographer in the laboratory, the stenog-
rapher in the purchasing department, the secretary in the processing de-
partment , the clerk and stenographer in the utilities department, the ste-
nographers in the engineering and maintenance department and the stenog-
rapher in the maintenance department , all performing secretarial duties;
the assistant plant pay master ; draftsmen ; and all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or -effectively recommend such action,
U Sybil P Hibbard
'o Thomas J Haight
1188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
constitute a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees ill
the appropriate unit who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Election 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-Section 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Sinclair Rubber, Inc., Hous-
ton, Texas, an election by secret ballot shall be conducted as early pos-
sible, but not later than thirty (30) days from the date of this Direction,
under the direction and supervision of the Regional Director for the Six-
teenth Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, 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 inunedi-
ately preceding the date of this Direction, including employees who did not
work during the 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 and have not been
rehired or reinstated prior to the date of the election, to determine whether
or not they desire to be represented by Oil Workers International Union,
CIO, Local 227, for the purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion and Direction of Election.