Standard Oil Co.

National Labor Relations Board - Board Decisions

Feb 19, 1945

60 N.L.R.B. 776 (N.L.R.B. 1945)

In the Matter of STANDARD OIL COMPANY and NATIONAL MARITIME
UNION OF AMERICA, C. I. O.
Case No. 2-R-5250 .-Decided February 19, 1945
Mr. George Koegler, of New York City, for the Company.,
Mr. William L. Standard, by Messrs. Herman Rosenfield, and Fred-
erick N. Myers, both of New York City, for the N. M. U.
Mrs. Agnes M. Collins, of New York City, for the Association.
Mr. Thomas A. Ricci, of counsel to the Board.
DECISION
. AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE,
Upon a petition duly filed by National Maritime Union of America,
C. I. 0., herein called the N. M. U., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Standard Oil Company, New York City, herein called the Company,'
the National Labor Relations Board provided for an appropriate
hearing upon due notice before David H. Werther, Trial Examiner.
Said hearing was held at Jersey City, New Jersey, on January 25, 1945.
The Company, the N. M. U., and Esso Tanker Men's Association, here-
in called the Association, 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. At the
-hearing, the Company moved to dismiss the petition. The .Trial Ex-
aminer referred the motion to the Board for determination. For rea-
sons appearing in Section III, infra, the motion is denied. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded an oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
I Name as amended at the hearing.
60 N. L. R. B., No. 133.
776
STANDARD OIL COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
777
Standard Oil Company, a New Jersey corpoiation, owns and oper-
ates a fleet of American Flag oceangoing tanker vessels. These ships
carry crude pretroleum and refined petroleum products to and from
various States of the United States and from the United States to
foreign countries. All voyages made by the Company's tankers are
for the purpose of transporting cargo for the account of the War Ship-
ping Administration. This proceeding concerns the unlicensed per-
sonnel in the deck, steward, and engine-room departments of the Com-
pany's, American Flag tankers.
In Case No. R-4054,2 the Board took jurisdiction over these same
tankers and the unlicensed personnel employed thereon, while they
were engaged in the same operations under the ownership and control
of the Standard Oil Company of New Jersey, a Delaware Corpora-
tion, hereinafter called the Delaware Corporation. On July 1, 1944,
the Company purchased these vessels from the Delaware Corporation.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
National Maritime Union of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
Esso Tanker Men's Association, unaffiliated, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 11, 1944, the N. M. U. mailed a letter to the Company
stating that it represented a majority of the unlicensed personnel em-
ployed aboard the Company's tanker vessels and requesting a meeting
to negotiate a collective bargaining agreement. The Company replied
by letter dated December 12, 1944, stating that in its opinion the Asso-
ciation was the exclusive collective bargaining agent for its unlicensed
personnel. .
On March 24, 1941, the Association was certified by the Board as
the exclusive bargaining representative of the Delaware Corporation's
employees in a unit of all unlicensed personnel employed in the deck,
steward, and engine-room departments of its tanker vessels, subject
3 43 N. L. R. B. 528.
778 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to certain specific exclusions.3 On May 9, 1941, the Delaware Cor-
poration and the Association entered into a collective bargaining
agreement covering these employees' The contract was to become
effective on June 1, 1941, and to "continue from year to year thereafter
unless written notice to terminate or modify the agreement is filed
by either party at least thirty (30) days prior to the expiration of
any such 1-year period." Thereafter, the contract was amended dur-
ing 1941 and 1942 on six occasions, the last such amendment being
dated June 15, 1942. Collective bargaining relations between the
Association and the Delaware Corporation remained unchanged until
December 12, 1944, at which time the Company, having purchased the
tankers from the Delaware Corporation, assumed the 1941 contract
and executed an "addendum" thereto with the Association.
On August 21, 1942, in a Decision and Direction of Election issued
pursuant to a petition filed on March 25, 1942, wherein the N. M. U.
sought to represent the unlicensed personnel of the Delaware Cor-
poration, the Board rejected a contention that the 1941 contract was
a bar to that proceeding.4 In accordance with that Decision and
Direction, an election was held, with both the Association and the
N. M. U. on the ballot, and, on June 11, 1943, the Regional Director
issued an Election Report. Thereafter, the N. M. U.-filed objections
to the election, the Regional Director investigated the grounds,for
the objections, and, on May 31, 1944, the Board ordered a hearing on.
the objections. On December 7, 1944, although no hearing on the
objections had been held, the Board issued a Supplemental Decision
and Order dismissing the petition.5
- The reasons which impelled the Board to that dismissal are evi-
dent from the language of the Order. The Board observed that,
because of the delay occasioned by the practice of polling employees
while vessels were in port, over a year had elapsed between the issu-
ance of the Direction of Election and the completion of the election.
Since the investigation of the objections to the election had consumed
almost a year because of wartime difficulties in interviewing wit-
nesses, the Board was of the opinion that it had "been ascertained
that it would be virtually impossible to conduct and conclude a hear-
ing on the objections within any reasonable period of time." As
against these unavoidable delays in the past, the Board] further ex-
plained in its Order that, "since that time [the period required to
complete the election] the Board has devised improved administra-
tive machinery for conducting elections among seagoing personnel,
and experience under this procedure has demonstrated that polling
Matter of Standard Oil Company of New Jersey, 23 N. L. R. B. 860.
* See footnote 2, supra.
Matter of Standard Oil Company of New Jersey, 59 N. L. R. B. 776.
STANDARD OIL COMPANY 779
of seagoing personnel may now be concluded within about 3 months
or earlier." The Board also considered that, among the Company's
unlicensed personnel, the turn-over between voyages was great and
that in December 1944, only a small fraction of the employees who
participated in the election between August 1942 and June 1943; still
remained in the Company's employ.
After a recitation of the foregoing matters, the Board dismissed
the petition "without prejudice, however, to the filing of a new peti-
tion by either organization," and added, "should such a petition be
filed, it could be processed to a conclusion within a relatively short
time." e
The Company now contends that the May 9, 1941, contract between
the Delaware' Corporation and the Association is a bar to the instant
proceeding and that the petition should, therefore, be dismissed.
It is clear that, by its Order of December 7, 1944, the Board in-
tended to invite another petition and that it recognized the continued
existence of a question concerning representation with respect to the
employees involved herein. The language of the Order indicates an
intention to resolve that question by a more expeditious election. To
that end, the Board pointed to its improved administrative machin-
ery for conducting elections among seagoing personnel and, for the
sake of expediency, waived in advance the usual requirement of a
current showing of representation in any subsequent proceeding.
To give effect to a contract bar contention that has already been
rejected in another proceeding involving the same question concern-
ing representation is to nullify the plan laid down by the Board for
the resolution of that question and to ignore the principal reasons
for the dismissal of the prior petition. We are of the opinion that
the 1941 contract is not a bar to a present determination of
representatives.
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.'
IV. THE APPROPRIATE UNIT
The N. M. U. contends that all unlicensed employees in the deck,
steward, and engine-room departments of the Company's American
6 The December 7, 1944, Order also provided "in view of the showing made by both
unions in the election we are setting aside, we believe it is unnecessary for the Regional
Director to make the customary investigation and report respecting the present designa-
tions of the N. M. U. and the Association among the Company's employees."
- 7 The Company also urges that the current Appropriations Act precludes the Board from
proceeding in this case Since the Appropriations Act specifically refers to "complaint"
cases and not to representation proceedings, we find no merit in this contention. See
Matter of U S. Bedding Company, 52 N. L. R. B. 382.
780 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Flag tanker vessels, including chief stewards, but excluding licensed
officers, radio operators, and all employees licensed- under the Staff
Officers Act of 1936,$ constitute a unit appropriate for collective bar-
gaining purposes. The Association and the Company agree to such
a unit, except that the Company would include relief men, whereas
the N. M: U. would exclude them. The Association takes a neutral
position regarding these employees,
Relief men are assigned to night relief crews when the ships are
in port. They are qualified to carry out the duties of unlicensed sea-
men aboard ships in port, and, on occasion, are assigned to active sea
duty. They are regular employees of the Company and work an 8-
hour day. They perform the same duties commonly assigned to em-
ployees included in the proposed unit. The Company considers them
to be covered by the 1941 contract and has bargained with the Asso-
cciation concerning them. They were specifically ^ included by the
Board in the prior proceeding. We are of the opinion that relief men
have the same interests as the remaining unlicensed personnel of the
Company's vessels and we shall, therefore, include them in the unit.
We find that all unlicensed personnel in the deck, steward, and
engine-room departments of the Company's American Flag tanker
vessels, including chief stewards and relief men, but excluding licensed
officers, radio operators, and all employees licensed under the Staff
Officers Act of 1936, 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 in accordance with our established method for
the conduct of elections in maritime cases during this- emergency
period, by an election by secret ballot among the employees in. the
appropriate unit who were employed on the date of our Direction of
Election herein, subject to the limitations and additions set forth, in
said Direction. We shall further direct that the Regional Director
for the Second Region, under whose direction the election shall be held,
shall determine the exact time, place, and procedure for giving notice
of the election and for balloting. The Regional Director is hereby
given specific authority to use mail for balloting purposes whenever,
in his discretion, expediency will be served thereby, and to determine,
the period of time in which the receipt of ballots cast will be.accepted.
The Company makes it a practice to grant leaves for reasons other
than illness or vacation, for periods up to 180 days where special per-
The Company' s pursers , junior and senior pursers, pharmacist mates; and doctors are
licensed under the Staff Officers Act of 1936.
STANDARD OIL COMPANY 781
sonal considerations so warrant. To eliminate any possible dispute
regarding eligibility to vote at the election, the Company and the
Association request that all employees on,such leave of absence be per-
mitted to participate in the election. The N. M. U. requests that only
employees on such leave of absence for 30 days or less prior to the
eligibility date be permitted to vote. All parties are in agreement
that only those employees shall be permitted to vote whose leave of
absence was requested, and authorized by the Company, in writing.
Under the rules of the War Shipping Administration, a seaman on
leave for more than 30 days, except in special cases, is no longer re-
garded as a seaman. Employees who are on leave of absence for more
than 30 days prior to the date of the Direction of Election herein shall
be ineligible to participate in the election.
We hereby deny the request of the Company and the Association
that ballots be discarded if cast by employees who are no longer in the
employ of the Company when the votes are tallied.9
DIRECTION AND 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-
tiveA` for` the' purposes of collective bargaining with- Standard, Oil
Company, New York City, an election by secret ballot shall be con-
ducted as soon as possible, and beginning as promptly as practicable
after the date of this Direction, in conformity with the instructions
set forth in Section V, above, for the conduct of such election, under
the direction and supervision of the Regional Director for the Second
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 appro-
priate in Section IV, above, who were employed on the date of this
Direction, including employees who did not work on said date because
they were ill or on vacation or temporarily laid off, and including
employees in the armed forces of the United States who present them-
selves 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 they cast their ballots, to determine whether
they desire to be represented by National Maritime Union of America,
C. I. 0., or by Esso Tanker Men's Association, Independent Union, for
the purposes of collective bargaining, or by neither.
The Association requested that its name appear on the ballot as set forth in the
Direction of Election.