Standard Oil Co. of New Jersey

National Labor Relations Board - Board Decisions

Aug 21, 1942

43 N.L.R.B. 528 (N.L.R.B. 1942)

In the Matter Of STANDARD OIL COMPANY OF NEW JERSEY and
NATIONAL MARITIME UNION OF AMERICA
Case No. R-4054.Decided August 21, 19/2
Jurisdiction : water transportation industry.
Investigation and Certification of Representatives : existence of question ; refusal
to accord petitioner recognition ; contract in effect for over one year, amended
after notice of rival claim of representation, held no bar; employees in
appropriate unit, employed on each American-flag vessel of Company at
time of balloting on that vessel, held eligible to vote, but no employee per-
mitted to•vote more than once; election necessary.
Unit Appropriate for Collective Bargaining : unlicensed personnel employed in
the deck, stewards, and engine room departments, on board the Company's
American-flag tankers, including chief stewards and relief men, but exclud-
ing all licensed officers and radio operators.
Mr. William A. Dougherty and Mr. Sidney -Wire, of New York
City, for the Company.
Mr. William L. Standard and Edward J. Malament, of New York
City, for the Union.
Mrs. Agnes Collins, of New York City, for the Association.
Mr. Reynolds C. Seitz, of counsel to the Board.
DECISION'
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by National Maritime Union of America,
herein called the Union, alleging that a question affecting com-
merce has arisen, concerning the representation of employees of
Standard Oil Company 'of New Jersey, New York City, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Helen Humphrey,
Trial Examiner. Said hearing was held at New York City, on
July 17, 1942. The Company, the Union, and the Esso Tanker Men's
Association, herein called the Association, appeared, participated,
and 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.
43NI,RB,No79
528
STANDARD OIL COMPANY OF NEW JERSEY 529,
Thereafter the Union and the Association filed briefs which the-
Board has considered.
Upon the entire record in the case, the Board makes the following:.
-FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Standard Oil Company of New Jersey is a corporation existing
under and by virtue of the laws of the State of Delaware with its.
principal office in New York City. The Company owns and operates
refineries for the refining of crude petroleum in New Jersey; Mary-
land, and South Carolina. The Company causes crude petroleum
to be transported to its refineries in the above-named States from
-States other than the State in which the refineries are located and-
from foreign nations by oceangoing vessels. The Company trans-
ports a substantial proportion of the petroleum and petroleum prod-
ucts it refines to States other than the States in which its refineries
are located. The Company owns and/or operates a fleet of American-
flag oceangoing tank vessels. All the voyages made by the Company's
vessels are for the purpose of transporting cargo for the account of_
the War Shipping Administration.
II. THE ORGANIZATIONS INVOLVED
National Maritime Union of America and Esso Tanker Men's As-
sociation are labor organizations admitting to membership employees. -
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company, the Union, and the Association stipulated that the-
Company has refused recognition to the Union as the bargaining
representative of its employees for the unit claimed by the Union to.
be appropriate, because the Association has been certified by the-
Board 1 as the exclusive representative of the employees in the claimed
unit and the Company now has a contract with the Association cov-
ering such employees. The contract was entered into on May 9, 1941,.
effective as of June 1, 1941, and provided that it should- continue in
force "from year -to year unless written notice to terminate or modify
is filed by either party at least 30 days prior to the expiration of -any-
such 1 year period." On March 5, 1942, the Union gave notice to the-
Company that it claimed to represent a substantial number of the,em-
ployees in the unit covered by the contract. Although the record
'Matte? of Standard Oil Company of New Jersey and Esso Tanker Men's Association,-
et al, 30 N L R B. 541, March 28, 1941.
481039-42-vol. 43-34
530 DECISIONS .OF NATIONAL LABOR RELATIONS BOARD
does not disclose when notice of desire to modify the agreement was
given, the Company and the Association negotiated amendmentsito
the contract as regards wages and some other particulars on June
15, 1942.
The contract between the Company and the Association has been in
force for more than 1 year. Although by its terms, the contract pro-
vided for automatic renewal, it is of significance that on June 15,
1942, the parties effected substantial changes in such contract. This
was done at the time over 3 months after the Company had notice
that a rival labor organization claimed to represent a substantial
number of employees in the unit covered by the contract the Com-
pany had with the Association. In similar circumstances we have
:repeatedly held that the contract is no bar to an election.2 Accord-
ingly, we find that the contention of the Company and the Associa-
tion that the contract constitutes a bar to this proceeding is without
merit.
A statement of the Regional Director, introduced in evidence at
the hearing, shows that thejUniori represents, a substantial number
of employees in the unit 'hereinafter found to be appropriate.'
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
• The parties 'are agreed that all the unlicensed personnel employed
in the deck, stewards, and engine room departments of the Company's
American-flag tankers should be included in the appropriate unit and
that all licensed officers and radio operators should be excluded.
This unit is the same as that previously found appropriate by the
Board pursuant to stipulation of the same parties' as are here in-
2Cf Matter of Ileller Brothers Company of Newcoinerstown and Steel Woik3rs Organiz-
ting Committee, Local Union No. 2391 (C. 1 0 ), 33 N. L R B 833 ; Matter of The Great
Atlantic if Pacific Tea Compan y and United Retail and Wholesale Employees of America,
C. I 0, 33 N L R. B 1103
"The statement of the Regional Director concerning the claims of authorization sub-
mitted by the Union is as follows : "In support of its allegation that it represents 602
employees in the alleged appropriate unit, the petitioner submitted 559 authorizations
for representation cards One card was dated August 1941, 1 October 1941,'53 December
1941, 143 between January and march 1942, 210 April 1942, 96 June 1942, and 25 undated.
All of the 559 cards appear to contain genuine original signatures The Union also sub-
mitted its membership roster and dues retold containing 230 names Of the 559 signa-
tures on the authorization cards , 372 are the names of persons on the Company 's pay-roll
list of April 24, 1942. All 230 names on the dues record appear on the pay roll of
April 24, 1942 , R hich contains 1,849 names ' The Union alleges that there are 1,600
employees in the unit it contends is appiopuate
The Association submitted no proof of membership but relies upon the Board 's certifica-
tion, and its contract with the Company as proof of its interest
' STANDARD, OIL COMPANY OF NEW JERSEY 531
volved4 The Union would include and the Company would exclude
chief stewards , whereas the Association takes no position with respect
'to them. In addition , the Union would exclude relief men. - The
Company and the Association , on the other hand, contend that relief
men should be included.
The chief • stewards merely direct the work of the personnel em-
ployed' in the steward 's department . " They carry out the instructions
of the Master. It appears that the chief steward on a tanker does
not occupy such a supervisory position as to warrant his exclusion
from the unit . We. shall , therefore , include chief . stewards within
the appropriate unit. '
The record is not clear as to whether relief men were considered
to be in the unit - of unlicensed personnel in the deck , engine, and
stewards departments of the Company 's American -flag-tankers that
was found appropriate by the Board in its prior decision.5 However,
under the terms of the contract of June 1, 1941 , between, the Coin-
pany and the Association , and in the amendments of July 22, 1941,
and June 15, 1942, thereto, provision is made for relief crews to board
the Company 's ' vessels ' while they, are in port. The evidence also
discloses that on occasion the relief men put to sea aboard a Company
tanker. It would appear that relief men can properly be included
within the appropriate unit, and we so find.
We find that all the unlicensed personnel employed in the deck,
stewards , and engine room departments on board the Company's
American-flag tankers , including chief stewards and relief men, but
excluding all licensed officers and radio operators , constitute a unit
appropriate for the purposes - of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation, which has
arisen can best be resolved by an election by secret ballot. The Union
contends that employees who have been-on vacation for, a period in
excess of 3'weeks, those on leave of absence (except employees granted
30 days' leave because their vessel was torpedoed), employees on sick
leave who are not receiving full pay, and relief men other than those
who are members -of the crew of a vessel and are detailed to relief
work for a period of only a week or two, should not be eligible to
vote in the election. The Company and the Association contend that
.all such employees should be eligible to vote. We find it unnecessary
at this time to pass specifically upon the eligibility of these groups,
4See Matter of Standard Oil Company of New Jersey and Esso Tanker Men 's Asso-
ctiation, of at , 23 N L. R B 860. .
5 See footnoted, supra
532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
since we find that, in view, of the present uncertainty as to the arrival,
departure, routes, and personnel of vessels of the Company arising
out of wartime conditions, those eligible to vote shall be employees'
in the appropriate unit set forth in Section "IV, above, who are
employed on each American-flag vessel of the Company at the time
balloting takes place on that., vessel, provided, however, that no
employees shall vote more than once." We further direct that the
Regional Director for the Second Region, under whose direction
the election will be held, shall determine the exact time, place, and
procedure for giving notice of the election and for balloting.
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 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby -
DIRECTED that, as part of the investigation to ascertain representa-
tives for, the.purposes.of collective bargaining with the Standard Oil
Company of New Jersey, New York City, an election by secret, ballot
shall be conducted as soon as convenient, 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, and subject to Article III, Section 9, of said
Rules and Regulations, among the employees in the unit found appro-
priate in Section IV, above, to determine whether they desire to be
represented by the National Maritime Union of America, or by
Esso Tanker 'Men's Association, for the purposes of collective bar-
gaining, or by neither'
CI-fAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
O The term "employed on each American -flag vessel at the time balloting takes place
on that vessel" shall include regular crew members who at the time of balloting are being
temporarily relieved by relief men
III the Matter of STANDARD OIL COMPANY OF NEW JERSEY and NATIONAL
MARITIME UNION OF AMERICA
Case No. R-4054
AMENDMENT TO DECISION AND DIRECTION OF
ELECTION
September 10, 1942
On August 21, 1942, the National Labor Relations Board, herein
,called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' Thereafter, Esso Tanker Men's Asso-
ciation requested clarification of the decision in regard' to the classes
of employees eligible to vote in the election directed to be held.
Upon consideration of the matter, the Board hereby orders : (1)
that the words, "We find it unnecessary at this time to pass specifically
upon the eligibility of these groups, since," be deleted from the next
to the last sentence in Section V, entitled "The determination of rep-
resentatives," and that the words, "We are of the opinion and," be
inserted in lieu thereof; and (2) that the words "employed on" in the
same sentence and in footnote 6 be deleted, and that the words, "mem-
bers of the crew and on board of," be inserted in lieu thereof, so that
Section V and footnote 6 of the Decision and Direction of Election
will read as follows :
Y. The determination of representatives
We find that the question-concerning representation which has
arisen can best be resolved by an election by secret ballot. The
Union contends that employees who have been on vacation for -a
period in excess of 3 weeks, those on leave of absence (except em
ployees granted 30 days' leave because their vessel was torpedoed),
employees on sick leave Who are not receiving full pay, and relief
men other than those who are members of the crew of a, vessel
and are detailed to relief work for a period of -only a week or two,
should not be eligible to vote in the election. The Company and
the Association contend that all such employees should be eligible
to vote. We are of the opinion and we find that, in view of the
present uncertainty as to the arrival, departure, routes, and per-
143 N. L R B. 528.
43 N. L. R. B., No. 79a.
533
534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sonnel of vessels of the Company arising out of wartime condi-
tions, those eligible to vote shall be employees in the appropriate
unit set forth in Section IV, above, who -are members of the crew
and on board of each American-flag vessel of the Company at the
time balloting takes place on that vessel, provided, however, that
no employees shall vote more than once r 'Ve further direct that
the Regional Director for the Second Region, under whose direc-
tion the election will be held, shall determine the exact time, place,
and procedure' for giving notice of the election and for ,balloting.
The term "members of the crew and on board of each American -flag vessel at the
time balloting takes place on that vessel" shall include regular crew members who,
at the time of balloting , are being temporarily relieved by relief men.