Socony-Vacuum Oil Co., Inc.

National Labor Relations Board - Board Decisions

Feb 12, 1945

60 N.L.R.B. 559 (N.L.R.B. 1945)

,In the Matter of SOCONY-VACUUM OIL COMPANY, INCORPORATED and
SOCONY-VACUUM EMPLOYEES FEDERATION FOR COLLECTIVE BARGAIN-
ING OF PAULSBORO, N. J. -
Case No. 4-R-1598.-Decided February 10, 1945
Mr. Richard H. Lowe, of New York City, and Mr. H. W. Sheldon,
of Camden, N. J., for the Company.
Mr. Edward P. Baker, of Woodbury, N. J., and Mr. Frank H. Witt-
mann, of Sewell, N. J., for the Federation.
Mr. H. P. Medler, of Fort Worth, Tex., Mr. Forrest Sparks, of
Philadelphia, Pa., and Mr. Harry Hiles, of Mt. Royal, N. J., for the
C..I.O.
Miss Ruth E. Blie fiield, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon a petition duly filed by Socony-Vacuum Federation for Collec-
tive Bargaining of Paulsboro, N. J., herein called the Federation, alleg
ing that a question affecting commerce had arisen concerning the repre-
sentation of employees of Socony-Vacuum Oil Company, Incorporated,
Paulsboro, New Jersey,' herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Eugene N. Purver, Trial Examiner. Said hearing was held at
Camden, New Jersey, on January 5, 1944. The Company, the Federa-
tion, and the Oil Workers International Union, C. I. 0., herein called
the C. I. 0., appeared 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 opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following
3 The name of the Company appears as it was amended at the hearing.
60 N. L. R. B., No. 106.
559
.560 DECISIONS OF NATIONAL- LABOR RELATIONS BOARD
FINDINGS OF FACT
I.. THE BUSINESS OF THE COMPANY
Socony-Vacuurn Oil Company, Incorporated, a New York corpora-
tion, with its main office in New York City, is engaged in the pro-
duction, refining, and distribution of petroleum and petroleum prod-
ucts of all types. Its operations extend into most States of the United
,States. Only the Paulsboro, New Jersey, plant, a refinery, is involved
in this proceeding.
The Company's principal raw material is crude petroleum, all 'of
which is obtained from points outside the State of New Jersey, in
a value in excess of $1,000,000 annually. In its Paulsboro, New Jersey,
plant the Company manufactures aviation gasoline and other products
for the United States Government and foreign governments under
lend-lease, as well as gasoline and other products for civilian con-
sumption, all of which products are valued in excess of $1,000,000
annually. A substantial proportion of the Company's finished prod-
ucts is shipped to points outside the State of New Jersey.
The Comp my admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORUANIZATIONS INVOLVED
Socony-Vacuum' Employees Federation for Collective Bargaining
,of Paulsboro , N. J. and Oil Workers International Union, affiliated
with the Congress of Industrial Organizations , are labor organiza-
tions admitting to membership employees of the Company.
1'
III. THE QUESTION CONCERNING REPRESENTATION
The Federation has bargained for the Company's employees since
1937, but the Company refused, in November 1944, to accord the Fed-
-eration formal recognition as the "exclusive bargaining representative"
of its employees until it has been certified by the Board.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Federation represents a substantial number
of employees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the'Company, within the meaning
of Section 9 (c) and Section,2 (6) and (7) of the Act.
2 The Field Examiner reported that the Federation submitted 1,264 cards , all of which
bore names of persons listed on the Company's pay roll which contained the names of 1,938
employees in the appropriate unit ; and that 59 cards were dated 1943 ; 1,190 were dated
1944, and 15 were undated
The C. I 0 submitted 20 authorization cards , all of which bore the names of persons
appearing in the aforesaid pay roll . The cards were all dated November and December 1944.
SOCONY-VACUUM OIL COMPANY, INCORPORATED
IV. THE APPROPRIATE UNIT
561
The last written contract of the Company and the Federation,
signed in 1944, defines the unit as "all employees in the Paulsboro
refinery of the Company excepting those in a supervisory, executive,
professional, administrative capacity, and others who are not subject
to Federation representation." The unit, petitioned for by the Fed-
eration in this proceeding, would include the same employees as are
covered by the contract.
The Company and the Federation were agreed that the appropriate
bargaining unit should consist of all employees of the Company at
the Paulsboro, New Jersey, refinery, excluding the general manager;
superintendent; assistant superintendents; foremen; assistant fore-
men; and assistants to foremen; technical and professional assistants,
namely, designing engineers, purchasing agents, assistant purchasing
agent, field party chief, production engineer , supervisor specialties,
and secretaries to executives ; office manager ; assistant office manager;
chief clerks; junior engineers; maintenance engineers; industrial re-
lations manager and staff; medical assistant; nurse; cashier; and all
or any other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action. All parties agreed that
employees of the research development laboratory and the marketing
staff of the Company are not employees of the Company at its Pauls-
boro refinery, and that all employees in categories above that of leader
in maintenance and shift leader in production are supervisory em-
ployees and should be excluded from the unit. The C. I. 0., however,
contends that all militarized guards, clerical employees 'and works
laboratory employees should be excluded from the unit, in addition
to the classifications above enumerated.
Militarized guards. The Company employs 77 guards, 38 of whom
have been militarized since 1941. The Federation contends that, since
it has always bargained for these employees, and over 50 percent of
the militarized guards are members of the Federation, they should be
included in the unit with the non-militarized guards and other em-
ployees.- The Company supports the contention of the Federation,
while the C. I. 0. contends that these militarized guards should be
excluded. While the history of the bargaining between the Company
and the Federation is a factor to be considered in determining whether
or not certain employees are to be included in the appropriate unit,
it does not warrant a departure from our usual -policy respecting lnili-
iarized guards.' We shall exclude such guards from the unit here-
inafter found appropriate.
2 See Matter of Dravo Corporation, 52 N. L. R. B. 322; Matter of Gibbs Gas Engine Com-
pany, 55 N I, R B 492, Matter of Sprague Specialties Company, 55 N L R. B 47.
625563-45-vol. 60-37 -
562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Clerical employees. The Company employs approximately 89 cleri-
cal employees, some of whom are attached to the various production
departments in the plant, while the rest work in the main office which
is just outside the gate of the plant. Clerical employees assigned to
production departments are responsible to the heads of such depart-
ments, while clerical employees working in the office are responsible
to office management. Although. pay-roll records are made up at
the Paulsboro plant, it was testified that most of the clerical work
of the Company is handled at its New York City office. The office
clericals are all salaried employees, while the clerks in the production
departments are paid an hourly rate. The Federation contends that
all clerical employees should be included in the unit because they have
been covered by the bargaining since 1937, 75 percent of the clerical
employees are members of the Federation, and the office and produc-
tion department clericals voted on the question of a 48-hour week in
an election recently conducted by the Federation. The Company also
desires the inclusion of all clerical employees, since, it states, by reason
of its type of operation, it needs to maintain flexibility in its personnel
so that it can easily transfer employees from production departments
-to the office. It points out that when the Company went on a 48-hour
week it did not have enough work for the entire office staff and trans-
ferred certain employees to jobs in production departments.' It was
stated that this could not be done in all cases, however, as there are
certain jobs in the plant which cannot be handled by women and at
least one-half of the office force is composed of women. The general
manager of the plant testified also that some of the office clericals spend
at least 50 percent of their time in the plant, as, for example, time-
keepers and yield department employees, who are engaged in check-
ing materials in production areas. The C. I. 0. contends that all cleri-
cal emplpoyees should be excluded from the unit.
Although we are not unmindful of the fact that the office and plant
clericals have for several years been represented as one,unitwith; the
production and maintenance workers, we are not persuaded- that'this
circumstance justifies departure from our usual practice of segregating
office workers from production and maintenance workers for collective
bargaining purposes.4 The clerical employees assigned to production
departments are factory or plant clerks, and, as such, will be included
in the production and maintenance unit.' The clerical employees in
the office, however, are a separate group, under different supervision
from that of the plant clericals, are paid on a salary, rather than
* See Matter of Indianapolis Power and Light Company, 51 N. L R B. 670, Matter of
Sierra Pacific Power Company, 56 N. L. R B 458
See Matter of Hammermill Paper Company, 48 N. L. R. B 1269; Matter of Corn Prod-
ucts Refining Company , 56 N L R. B. 1140; Matter of Chicago Rawhide Manufacturing
Company, 59 N. L. R. B. 1234; Matter of Goodman Manufacturing Company, 58'N L R B
531. 1
SOCONY -VACUUM OIL COMPANY, INCORPORATED 563
hourly-basis, and, although some of them may go into the plant to
obtain certain information, their interests and working conditions
are different from those of the production and maintenance workers.
We shall exclude all office clerical employees from the unit.
Works laboratory employees. The C. I. 0. contends that all tech-
nical employees in the works laboratory should be excluded from the
unit and all routine laboratory workers included. The Company,
and the Federation contend that all works laboratory employees should
be included in the unit. It appears that all employees in the works
laboratory except for the professional chemists, who are also super-
visory employees, are routine laboratory workers. Most of these
employees are trained on the job, and perform the routine work of
the department. They are paid on the same basis as are the produc-
tion and maintenance employees. Since these employees work in the
plant, and are not laboratory technicians in the true sense of the word,
we shall include all works laboratory employees, except for the chemist
and assistant chemist, in the unit.'
We find that all production and maintenance employees at the Com-
pany's Paulsboro, New Jersey, plant, including factory clerks and
routine workers in the works laboratory, but excluding the general
manager, superintendent, assistant superintendents, foremen, assist-
ant foremen and assistants to foremen, technical and professional
-assistants" (namely, designing engineers, purchasing agent, a§sistant
purchasing agent, field party chief, production engineer, supervisor of
specialties, and secretaries to executives), 'office manager, assistant
office manager, chief clerks, all office clerical employees, junior engi-
neers, maintenance engineers, industrial relations manager and staff,
medical assistant, nurse, cashier, militarized guards, all chemists,'
including the chief and assistant chemist in the `Yorks laboratory, all
persons above the category of leader in maintenance or shift leader in
production, and all or any other supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action, con-
stitute 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 em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of
0
6 See Matter of Hammermill Paper Company, supra
' There are employees classified as chemists employed in various departments of the
Company, all of whom-appear to be supervisory employees.
564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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-Series 3, as amended, it is hereby
DIRECTED that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Socony -Vacuum
Oil Company , Incorporated , Paulsboro , New Jersey , an election by
secret ballot shall be conducted as early as possible , but not later than,
thirty ( 30) days from the date of this Direction , under the direction
and supervision of the Regional Director for the Fourth Region , acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11 , of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
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 those employees 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. they desire to be repre-
sented by Socony-Vacuum Federation for Collective Bargaining, of,
Paulsboro , N. J., or by Oil Workers International Union, C. I. 0., for
the purposes of collective bargaining , or by neither.