Standard Oil Co. of New Jersey

National Labor Relations Board - Board Decisions

Aug 16, 1938

8 N.L.R.B. 936 (N.L.R.B. 1938)

In the Matter of STANDARD OIL COMPANY OF NEW JERSEY and UNITED
LICENSED OFFICERS OF THE U. S. A.
In the Matter of STANDARD OIL CO. OF NEW JERSEY, MARINE DEPART-
MENT and JERSEY STANDARD TANKER OFFICERS ASSOCIATION
In the Matter of STANDARD OIL COMPANY OF NEW JERSEY and MARINE
ENGINEERS' BENEFICIAL ASSOCIATION
Cases Nos. R--8?5, R-826, R-807, and R--,83i
Decided August 16, 1938
Water Transportation Industry-Investigation of Representatives : controversy
concerning representation of employees : rival organizations ; refusal by employer
to recognize any union as exclusive representative of employees-Units Appro-
priate for Collective Bargaining : ( 1) licensed engineers of all the vessels owned
and operated by the Company ; no controversy as to ; ( 2) licensed deck officers,
including the masters , of all the vessels owned and operated by the Company ;
no substantial controversy as to-Elections Ordered
Mr. Albert Ornstein, for the Board.
Mr. William A. Daugherty, of New York City, for the Company_
Boudin, Cohn c1 Glickstein , by Mr. Leonard Boudin, of New York
City, for the I. U. M. S.
Capt. E. T. Pinchin, of New York City, for the M. M. P.
Mr. John J. Collins, of New York City, for the J. S. T. 0.
Mr. E. P. Trainer, of New York City, for the M. E. B. A.
Mr. P. L. Todd and Mr. Herbert J. De Parco, of New York City,
for the U. L. 0.
Mr. P. Hereghty, of New York City, for the I. L. A.
Mr. A. George Koplow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF TIIE CASE
On November 16, 1937, United Licensed Officers of the U. S. A.,
herein called the U. L. 0., filed with the Regional Director for the
Second Region (New York City) two petitions alleging that ques-
tions affecting commerce had arisen concerning the representation of
8 N. L. R B., No 115.
936
DECISIONS AND ORDERS 937
employees of Standard Oil Company of New Jersey, New York
City, herein called the Company, and requesting the National Labor
Relations Board, herein called the Board, to conduct investigations
and to certify representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On Novem-
ber 23, 1937, Industrial Union of Marine & Shipbuilding Workers of
America, Local No. 22, herein called the I. U. M. S., on March 18,
1938, Jersey Standard Tanker Officers Association, herein called the
J. S. T. 0., and on April 12, 1938, Marine Engineers Beneficial
Association, herein called the MBE. B. A., each filed a similar petition
with the same Regional Director.'
With regard to each petition except that filed by the I. U. M. S.,
the Board, on April 22, 1938, acting pursuant to Section 9 (c) of the
Act and Article III5 Section 3, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, ordered an investiga-
tion and authorized the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice, and acting pursuant
to Article III, Section 10 (c) (2), of said Rules and Regulations,
further ordered that the cases be consolidated for the purposes of
hearing. With regard to the petition filed by the I. U. M. S., the
Board, on May 3, 1938, acting pursuant to Section 9 (c) of the Act
and Article III, Section 3, of said Rules and Regulations, ordered an
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
The Regional Director issued notices of hearing and telegraphic
notices of postponement of hearing on all of the petitions, copies of
which were duly served upon the Company, the U. L. 0., the
J. S. T. 0., the M. E. B. A., and the I. U. M. S., and upon Inter-
national Union of Operating Engineers, herein called the I. U. O. E.,
National Organization of Masters, Mates & Pilots, herein called the
M. M. P., and Local 1550, International Longshoremen's Association,
herein called the I. L. A.,2 the last three being labor organizations
claiming to represent employees directly affected by the investigation.
Pursuant to the notices, a hearing was held in New York City on
June 6, 1938, before Howard Myers, the Trial Examiner duly desig-
nated by the Board. All of the above-named unions, with the ex-
ception of the I. U. O. E., were represented by counsel or other rep-
resentatives and participated in the hearing.' Full opportunity to be
1 Two of the petitions added the words "Marine Department " after the name "Stand-
ard Oil Company of New Jersey ." The record establishes that the same company is
involved in all of the cases.
2 Some of the notices of hearing and notices of postponement of hearing were not
served upon the I . L. A and the I. U. M. S ., but the final notice of postponement of
hearing was served upon them and both appeared at the hearing
s At the hearing counsel for the I U M S moved for an indefinite postponement of
the hearing on the petition of the I . U M S. The Trial Examiner reserved decision. The
motion to postpone indefinitely is hereby granted.
938 NATIONAL LABOR RELATIONS BOARD
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues was afforded all parties. During the
course of the hearing the Trial Examiner made several rulings on
motions and on objections to the admission of evidence. The Board
has reviewed the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Standard Oil Company of New Jersey is a Delaware corporation
engaged, among other things, in the transportation of petroleum and
petroleum products. It owns and operates through its marine de-
partment 70 American flag ocean-going tank vessels, or tankers, hav-
ing a total tonnage of 572,543 gross tons. These vessels are engaged
exclusively in the transportation of petroleum and petroleum prod-
ucts and carry approximately 125 million barrels annually. The
majority of their voyages are between United States ports in the
Gulf of Mexico and United States Atlantic Coast ports. At times
some of these tankers transport cargo from Caribbean Sea loading
ports to nearby inland ports, and they also trade between Caribbean
Sea loading ports and United States, South American, northern Eu-
ropean, and Mediterranean ports. Occasionally some of them are
allocated to transport cargoes from California to United States east
coast ports or northern European ports and from United States
Gulf or South American loading ports to northern European ports.
At- least 90 per cent of the voyages are for the purpose of trans-
porting cargo for account of the Standard Oil Company or the
affiliated or associated companies from which it purchases the crude
oil and refined products transported between these various ports.
The Company admits that in the operation of these vessels it is
engaged in interstate and foreign commerce. It also admits that
the employees involved herein are engaged directly in interstate com-
merce or do work which has a direct relation to, or effect upon, inter-
state commerce. We find that Standard Oil Company of New Jersey
is engaged in trade, traffic, transportation, and commerce among the
several States and between the United States and foreign countries,
and that the licensed personnel employed by said Company is directly
engaged in such trade, traffic, transportation, and commerce.
II. THE 011GANIZATIONS INVOLVED
Local 1550, International Longshoremen's Association, is a labor
organization affiliated with -the American Federation of Labor. It
DECISIONS AND ORDERS 939
admits to its membership all licensed deck officers and all licensed
engineers on ocean-going tankers.
Jersey Standard Tanker Officers Association is an independent
labor organization not affiliated with any other body. It admits
to its membership- "all licensed deck and engineer officers who have
been employed as such by the Standard Oil Company of New Jersey
for at least six months."
Marine Engineers Beneficial Association is a labor organization
affiliated with the Committee for Industrial Organization. It admits
to its membership all licensed engineers on ocean-going tankers.
National Organization of Masters, Mates & Pilots is a labor or-
ganization affiliated with the American Federation of Labor. It
admits to its membership all licensed deck officers on ocean-going
tankers. -
United Licensed Officers' Association is an independent labor or-
ganization not affiliated with any other body. It admits to its mem-
bership all licensed deck officers and all licensed engineers on ocean-
going tankers.
III. THE QUESTION CONCERNING REPRESENTATION
The U. L. O. and the M. E. B. A. each alleges in its petition that
it represents a majority of the licensed engineers involved, but that
the Company has refused to bargain collectively with it, although re-
quested to do so. The U. L. O. makes the same allegations with
respect to the licensed deck officers. At the hearing, the J. S. T. O.
claimed to represent a majority of both licensed deck officers and
licensed engineers. The M. M. P. made the same claim with respect
to the licensed officers. The I. L. A. alleged that there were licensed
deck officers and engineers employed by the Company who desired
the I. L. A. to represent them.
The Company has refused and still refuses to recognize any of
the above-mentioned organizations as the sole collective bargaining
agency for its licensed personnel, but it has been and is willing to
negotiate on the matter of wages, hours, and conditions of employ-
ment with any organization for its own members.
We find that questions have-arisen concerning the representation
of employees of the Company because of the conflicting claims of
the various labor organizations and that such questions tend to
lead to labor disputes burdening and obstructing commerce and the
free flow of commerce.
IV. THE APPROPRIATE UNIT
At the hearing it was stipulated and agreed by and between coun-
sel- for the Company, the J . S. T. 0., the M. E. B. A ., the M. M. P.,
940 NATIONAL LABOR RELATIONS BOARD
and the U. L. 0., that two separate units are appropriate; namely,
one unit consisting of the licensed engineers of all the vessels owned
and operated by the Company, and another unit consisting of the
licensed deck officers of all the vessels owned and operated by the
Company. The I. L. A. maintained that the licensed engineers and
licensed deck officers together constitute one unit.
The question of inclusion of licensed deck officers and licensed
engineers in one appropriate unit has been raised and carefully con-
sidered by the Board in a number of other cases.4 For the reasons
stated in those decisions, the licensed personnel in the instant case
will be separated into two appropriate units as stipulated above, one
consisting of licensed engineers and the other consisting of licensed
deck officers.
The parties did not agree with respect to the inclusion of masters
in the appropriate unit with licensed deck officers. The I. L. A.,
the J. S. T. 0., and the U. L. O. urged that masters be included.
The Al. E. B. A. stated no preference, since it claimed to represent
only the engineers. The M. M. P. agreed that masters be included
within the appropriate unit consisting of licensed deck officers, but
maintained that masters are the representatives of employers, and
are not crew members, and that therefore, masters should not be
permitted to vote with the licensed officers. The M. M. P., however,
as its name implies, admits masters to membership. In effect, there-
fore, the M. M. P.'s position would impose a collective bargaining
representative on a group of employees without according them the
privilege of participating in the choice of such representative. Such
a position is untenable. The masters will therefore be included in
the appropriate unit with the licensed deck officers.
We find that the licensed engineers of all the vessels owned and
operated by Standard Oil Company of New Jersey constitute a unit
appropriate for the purposes of collective bargaining and that said
unit will insure to employees of the Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act. We further find that the
licensed deck officers, including the masters, of all the vessels owned
and operated by Standard Oil Company of New Jersey, constitute
it unit appropriate for the purposes of collective bargaining and
that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bar-
gaining and otherwise effectuate the policies of the Act.
* See Matter of (trace Line, Inc, and Panama Mail Steamship Company and National
Marine Engineers ' Beneficial Association , Local No 33, 2 N. L R B 369, at page 375.
and cases there cited.
a
DECISIONS AND ORDERS
V. THE DETERMINATION OF REPRESENTATIVES
941
The Company employs approximately 325 licensed deck officers and
approximately 325 licensed engineers. The J. S.T. O. introduced
into evidence 422 membership application cards, 225 allegedly signed
by licensed deck officers and 197 allegedly signed by licensed engi-
neers employed by the Company. The genuineness of the signatures
was not checked at the hearing, nor were the names on the cards
compared with those on the pay-roll records of the Company. Ob-
jection to the introduction of the cards in evidence was made on the
ground that they did not bear dates, and the J. S. T. O. did not press
its claim for certification further.
The other organizations involved in the case made conflicting claims
of membership and authorization and asked that elections be held
to determine which group did represent the majority of the eligible
employees in each unit. We find that the questions which have arisen
concerning the representation of employees can best be resolved by
the holding of elections by secret ballot. We will accordingly direct
that elections by secret ballot be held among these employees.
All the parties present during the discussion concerning eligibility,
agreed that the pay roll of November 16, 1937, the date the U. L. O.
filed its petitions in the case, should be used in the determination of
eligibility to vote if elections were ordered. Evidence also establishes
that men who may not be assigned to a ship on a specified date but
instead may be in the "relieving staff," "standby," "leave of absence,"
"vacation," and "night relieving staff" categories are considered regu-
lar employees of the Company and should be included within the
appropriate unit. The pay roll of June 3, 1938, the pay-roll date
immediately preceding the date of the hearing, is also in evidence.
No reason appears in the record why a date later than November
16, 1937, should not be used. We feel that the date suggested by the
parties is too remote to furnish a proper standard for determining
eligibility to vote. Use of a later date would enable persons who had
become part of the licensed personnel in the 6 months preceding the
hearing to participate in the choice of their bargaining representative.
We will accordingly direct that those eligible to vote in each election
will be the licensed engineers and deck officers respectively who were
employed in such capacity on June 3, 1938, except those who since
have quit or have been discharged for cause.
The M. E. B. A., the M. M. P., and the U. L. O. urged that the
name of the J. S. T. O. be omitted from the ballots on the ground
that the latter is a company-dominated union. The proper manner
to raise an issue of this nature is to file a charge that the respondent
has committed unfair labor practices within the meaning of Section
942 NATIONAL LABOR RELATIONS BOARD
8 (2) of the Act. No charge of this kind being before the Board
in the instant case, we will not consider evidence bearing upon such
collateral issue. -
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the National Labor Re-
lations Act.
2. The licensed engineers of all the vessels owned and operated by
the Company constitute a unit appropriate for the purposes of col-
lective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. The licensed deck officers, including the masters, of all the ves-
sels owned and operated by the Company constitute a unit appropri-
ate for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the National Labor Relations Act.
DIRECTION OF 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
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, New York City, elec-
tions by secret ballot shall be conducted as soon as convenient and
beginning as promptly as is-practicable after the date of this Direc-
tion of Elections, under the direction and supervision of the Re-
gional Director for the Second Region, acting in the matter as agent
of the National Labor Relations Board, and subject to Article III,
Section 9, of said Rules and Regulations, among the licensed en-
gineers of all the vessels owned and operated by Standard Oil Com-
pany of New Jersey employed in such capacity by said Company on
June 3, 1938, except those who since-have quit or have been dis-
charged for cause, to determine whether they desire to be represented
by Local 1550, International Longshoremen's Association, or by
Jersey Standard Tanker Officers Association, or by Marine Engineers
Beneficial Association, or by United Licensed Officers of the U. S. A.,
or by none of them, for the purposes of collective bargaining, and
DECISIONS AND ORDERS 943
among the licensed deck officers, including the masters, of all the,
vessels owned and operated by Standard Oil Company of New
Jersey employed in such capacity by said Company on June 3, 1938,
except those who since have quit or have been discharged for cause, to
determine whether they desire to be represented by Local 1550,
International Longshoremen's Association, or by Jersey Standard
Tanker Officers Association, or by National Organization of Masters,,
Mates & Pilots, or by United Licensed Officers of the U. S. A., or by
none of them, for the purposes of collective bargaining.
SAME TITIX]
AMENDMENT TO DIRECTION OF ELECTIONS
September 15,1938
On August 17, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in
the above-entitled proceedings. The Direction of Elections provided
for elections by secret ballot among the licensed engineers and among
the licensed deck officers of the company respectively to determine
in each instance whether they desired to be represented by Local 1550,
International Longshoremen's Association or by one of several other
organizations or by none of them for the purposes of collective
bargaining.
On August 29, 1938, the international president of the Interna-
tional Longshoremen's Association requested the removal of that
organization's name from the ballots. Upon the basis of this request
the Board will remove the name of said local from the ballots in the
above-ordered elections.
The Board hereby amends the Direction of Elections issued on
August 17, 1938, by striking therefrom wherever they appear in said
Direction of Elections, the following words, "by Local 1550, Interna-
tional Longshoremen's Association, or".
MR. EDWIN S. SMITH took no part in the consideration of the above
Amendment to Direction of Election.
8 N. L. R. B., No. 115a.