Standard Oil Co. of New Jersey

National Labor Relations Board - Board Decisions

Sep 21, 1940

27 N.L.R.B. 378 (N.L.R.B. 1940)

In the Matter Of STANDARD OIL COMPANY OF NEW JERSEY and Esso
TANKER MEN 'S ASSOCIATION
In the Matter of SOCONY VACUUM OIL COMPANY and SOCONY VACUUM
TANKER MEN'S ASSOCIATION
In the Matter of TIDEWATER ASSOCIATED OIL COMPANY and TIDE
WATER SMALL FLEET ASSOCIATION
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and TIDE
WATER TANKER MEN'S ASSOCIATION
Cases Nos. R-1632 to R-1635 inclusive
CERTIFICATION OF REPRESENTATIVES
September 21, 1940 '
On May 16, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections . in
the above-entitled proceedings. 'Pursuant to the Direction of Elec-
tions, elections by secret ballot were conducted by the Regional
Director for the Second Region (New York City). On August 29,
September 3, and September 4, 1940, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties Election Reports. No objection to the conduct of
the ballots or the Election Reports have been filed by any of the
parties. As to the balloting and its results, the Regional Director
reported inter alia2 as follows (a) among the employees of the Small
Fleet of the Tidewater Associated Oil Company :
Total number of eligible voters_______________________-------------------------------- 64
Total number of ballots cast_________________________________ 59
Total number of valid ballots cast____________________________ 58
Total number of ballots cast in favor of National Maritime
Union of America, Inland Boatmen's Division (C. I. 0.) ----- 16
'1 23 N L R B 860
'2 The elections held among the employees of Standard Oil Company of New Jersey and of
Socony Vacuum on Company were inconclusive The disposition of these two cases will
in no way affect the Tidewater Associated Oil Company cases. We shall accordingly proceed
to issue the certifications in the Tidewater Associated Oil Company cases
27 N. L. R. B., No. 82.
378
STANDARD. OIL COMPANY OF NEW JERSEY 379
Total number of ballots cast in favor of, Tidewater Small Fleet..
Association----------------------------------------------- 38
Total number of ballots cast in favor of neither union--------- 4
Total number of blank ballots-------------------------------- 0
Total number of void ballots--------------------------------- 0
Total number of challenged ballots--------------------------- 1
(b) Among the employees of the Large Fleet of Tidewater Asso-
ciated Oil Company :
Total number of eligible voters-------------------- ------ 328
Total number of ballots cast--------------------------------- 293
Total number of valid ballots cast---------------------------
Total number of ballots cast in favor of Tidewater Tanker
278
Men's Association----------------------------------------- 174
Total number of ballots cast in favor of National Maritime
Union of America (C. I. O)------------------------------- 85
Total number of ballots cast in favor of neither union--------- 19
Total number of blank ballots-------------------------------- 0
Total number of void ballots-------------------------------- 2
Total number of challenged ballots--------------------------- 13
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that (1) Tidewater Small Fleet Association
has been designated and selected by a majority of the unlicensed
personnel employed in the deck, engine, and stewards' departments
except wireless and radio operators of vessels of Small Fleet of
Tidewater Associated Oil Company (Tidewater Division). for the
purposes of collective bargaining; (2) that Tidewater Tanker-Men's
Association. has been designated and selected by a majority of the
unlicensed personnel employed in the deck, engine, and stewards'
departments except wireless and radio operators on, vessels of Large
Fleet of Tidewater Associated Oil Company (Tidewater Division)
for the purposes of collective bargaining, and that, pursuant to the
provisions of Section 9 (a) of the National Labor Relations Act,
Tidewater -Small- Fleet Association and Tidewater Tanker-Men's
Association- are the exclusive representatives of all such employees
of the Small and' Large Fleets, respectively, for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment.
380, DECISIONS OF NATIONAL LABOR R ELATIONS BOARD
[SAME TITLE
SUPPLEMENTAL DECISION
AND
DIRECTION OF RUN-OFF ELECTIONS
October 9, 1940
On May 16, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision -and Direction of Elections 1 in
the above-entitled proceedings. Pursuant to the Direction of Elec-
tions, elections by secret ballot were conducted by the Regional
Director for the Second Region (New York City). On August 29,
September-3, and September 4,.1940, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties Election Reports. No objections, to the conduct
of the ballots or the Election Reports have been filed by any of the
parties. As to the balloting and its results, the Regional Director
reported, inter alia,2 as follows (a) among the employees of the
Standard Oil Company of New Jersey :
I Total number of eligible voters---- ------------------------ 2,046
Total number of ballots cast-------------- ---------------- 1,870
Total number of valid ballots cast-- ---------------------- 1,822
Total number of ballots cast in favor of Esso Tanker-Men's
Association-------------------------------------------- 821
Total number of ballots cast in favor of National Maritime
Union of America ( C. I. 0.) ---------------------------- 873
Total number of ballots cast in favor of neither union ------ 128
Total number of blank ballots ---------------------------- 2
Total number of void ballots-- ---------------------------- 8
Total number of challenged ballots--- --------------------- 38
(b) Among the employees of the Socony Vacuum Oil Company:
Total number of eligible voters---------------------------- 1,106
Total number of ballots cast---------------------- -------- 1,017
Total number of valid ballots cast------------- ---------- 1,000
Total number of ballots cast in favor of Socony Vacuum
Tanker-Men 's Association ------------------------------- 496
Total number of ballots cast in favor of National Maritime
Union of America (C. I. 0.) ---------------------------- 423
Total number of ballots cast in favor of neither union ------ 81
1 23 N. L . R. B: 860.
1 The Regional Director made no recommendation with respect to certification In the
Standard Oil Company and'Socony Vacuum Oil Company cases because of the inconclusive
results . The results of the Tidewater Associated Oil Company cases are reported in the
Certification of Representatives issued September 21, 1940. ,
STANDARD OIL COMPANY OF NEW JERSEY 381
Total number of blank ballots____________________________ 8
Total number of void ballots______________________________ 3
Total number of challenged ballots________________________ 6
On September 17, 1940, Esso Tanker-Men's Association, Socony
Vacuum Tanker-Men's Association, and National Maritime Union of
America entered into stipulations in the two cases involving the em-
ployees of Standard Oil Company of New Jersey and Socony Vacuum
Oil Company, requesting the Board to direct run-off elections by
secret ballot to determine whether the employees of Standard Oil
Company of New Jersey desired to be represented by Esso Tanker-
Men's Association or National Maritime Union of America, and
whether the employees of Socony Vacuum Oil Company desired to
be represented by Socony Vacuum Tanker-Men's Association or Na-
tional Maritime Union of America, for the purposes of collective
bargaining. The stipulations contained express provisions with
respect to eligibility as reflected in the Direction below.
In view of the stipulation, we shall direct the holding,of-run-off
elections in the form agreed upon by the two labor organizations
involved.
DIRECTION OF RUN-OFF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor-Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Section, 8,
of National Labor. Relations Board Rules and Regulations-Series
2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Standard Oil Company of New Jersey and Socony Vacuum
Oil Company, Incorporated, elections by secret ballot shall be con-
ducted as soon as convenient and beginning as promptly as is prac-
ticable after the date of this Direction, under the direction and
supervision of the Regional Director for the Second 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 unlicensed personnel employed in the deck, engine, and
steward's departments, except wireless and radio operators on vessels
of (1) Standard Oil Company of New Jersey and (2) Socony Vacuum
Oil Company, Incorporated, respectively, who were eligible to vote
under the Direction of Elections issued by the Board on May 16,
1940, viz., those who were employed by the respective companies at
the time the ships were posted with the notice of election held
pursuant to the Board's Direction of Election, dated May 16, 1940,
382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and who were still so employed in the same capacity at the time
balloting was" conducted on such vessels, including employees who
were temporarily laid off and employees on leave of absence during
the conduct of such elections, and excluding those who had quit or
been discharged for cause since May 10, 1940, and also including
employees in the above categories who during the conduct of the
run-off elections will be temporarily laid off or on leave of absence,
and also excluding those who have quit or will have quit or have
been discharged for cause _ since May 16, 1940, to determine (1)
whether such eligible employees of Standard Oil Company of New
Jersey desire to be represented by Esso Tanker-Men's Association
or National Maritime Union of America (C. I. 0.); and (2) whether
such eligible employees of Socony Vacuum Oil Company, Incorpo-
rated, desire,to be represented by Socony Vacuum Tanker-Men's
Association or by National Maritime Union of America (C. I. 0.)
for the purposes of collective bargaining.
27 N. L . R. B., No. 82a. '