Standard Oil Co. of California

National Labor Relations Board - Board Decisions

Aug 5, 1955

113 N.L.R.B. 477 (N.L.R.B. 1955)

- STANDARD OIL COMPANY OF CALIFORNIA 477
In the past, we have directed separate elections for technical and
clerical employees in a decertification proceeding despite a history
of collective bargaining on an overall basis.' This was done in con-_
formity with the Board's policy of not including technical employees
in such unit if no objection was raised to such inclusion. Recently,
however, the Board has reexamined the issue of the appropriate unit
in decertification proceedings and has come to the conclusion that in
decertification elections the existing bargaining unit alone is the ap-
propriate units We, therefore, find that the overall unit heretofore
certified and bargained for by the parties, is here appropriate.'
The following employees of the Employer's Richmond, California,
refinery, constitute a unit appropriate for purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act:
All office and clerical employees on the classified payroll and all
technical employees on the classified technical service payroll, includ-
ing any helpers or assistants on the classified operating and main-
tenance payroll assigned full time to assist such technical employees,
in the manufacturing, purchase, and stores and motor transport de-
partments at the Richmond Refinery, but excluding all employees
represented by other labor organizations, employees having access to
confidential labor relations matters, all employees of the industrial
relations division of the manufacturing department, all confidential-
secretaries , guards, and all supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]-
-'American smelting and Refining Company, 80 NLRB 68 , 71; Standard Oil Company
of California, 20-RD-90 issued December 8 , 1953 (not reported in printed volumes of
Board Decisions and Orders).
a Campbell Soap Company, 111 NLRB 254.
7 Any participant in the election directed herein , may, within 10 days, upon its request
to and approval thereof by the Regional Director, have its name removed from the ballot.
Standard Oil Company of California and California Exploration
Company 1 and Homer E. Norton , Petitioner and Independent
Union of Petroleum Workers (Unaffiliated ). Case No. 20-RD-
138. August 5,1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before David E. Davis, hearing offi-
cer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed?
1 The name of the Employer was amended at the hearing as indicated herein.
2 The hearing officer referred to. the Board the question whether an outside union, Inter-
nationaI Union of Operating Engineers , AFL, could intervene in this proceeding. As the
record shows that the Engineers made no showing of interest in the unit sought to be
decertified , their intervention is denied in accordance with well -established Board prin-
ciples. - Cf. Standard Oil Company of California, 113 NLRB 475 . Member Rodgers joins
in the denial of intervention herein for reasons stated in his footnote dissent in the afore-
mentioned case.
113 NLRB No. 54.
478 DECISIONS OF `NATIONAL LABOR RELATIONS -BOARD
Upon the entire record in the'case; the Board finds : , - - -
1: The Employer is'engaged ii commerce within the meaning of the'
National Labor Relations Act.
2. The, Petitioner, an employee of the 'Employer, asserts that the
Intervenor, Independent Union of Petroleum Workers (unaffiliated):
hereinafter referred to as the Union, is no longer the , bargaining_repre ;
sentative as defined in Section 9 (a), of the Act, of the employees desig-)
nated ' in the petition. The Union is the certified and currently'
recognized, bargaining representative of the employee's in' the unit'
designated herein.
3. A question affecting commerce exists -concerning the representa-,
tion of certain, employees of the Employer within the, meaning 'of
Section 9 (c) (1) and Section -2 (6) and (7) of the Act.
4. The appropriate unit
In, accordance. with the agreement3 of the parties we find. that the.
following employees constitute a unit appropriate for the purpose of
collective bargaining within the meaning of Section 9 (b) of the Act:
All technical employees of the Employers, Standard Oil Company
of California and California Exploration Company at 200 and 225'
Bush Street, :San Francisco, California, including draftsmen,- de--
signers, photoreproduction employees, and technical assistants but ex-
cluding the designer in the marine department, guards, and all
supervisors as defined in the Act.
- [Text of Direction of Election omitted from publication.]
8 The parties stipulated that the appropriate unit is exactly the same unit as unit 'B
in Case No . 20-RD-90, issued December 8, 1953 (not reported in printed volumes of Board
Decisions and Orders). -
The ,Pacific Telephone and Telegraph Company and Bell Tele -
phone Company of Nevada and Order of Repeatermen and Toll
Testboardmen , Local. Union 1011, International Brotherhood
of Electrical Workers, AFL and Communications Workers, of
America, CIO, Party to the Contract
The Pacific Telephone and Telegraph Company and Order of
Repeatermen and Toll Testboardmen , Local Union 1011, Inter-
national Brotherhood of Electrical Workers, AFL ,
The' Pacific Telephone and Telegraph Company and Order. off
Repeatermen and Toll Testboardmen , Local Union 1011, Inter-
national Brotherhood of Electrical Workers, AFL. Cases Nos.
20-CA-958, 2O-CA-961, and 20-CA-962. August 9, 1955 ,
DECISION WAND ORDER
On January, ,14, 1955, Trial Examiner Herman' Marx issued, his
Intermediate Report in the above-entitled proceeding, finding: that
113NLRB No.60. ".J" '-12