Texaco, Inc.

National Labor Relations Board - Board Decisions

Sep 21, 1964

148 N.L.R.B. 1188 (N.L.R.B. 1964)

1188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
- This notice must remain posted for 60 consecutive days from the date of posting„
and must not be altered , defaced , or covered by any other material.
• Employees may communicate with the Board 's Regional Office, Transit Build-
ing, Fourth and Vine Streets, Cincinnati , Ohio , Telephone No. 381-1420 , if they
have any question concerning this notice or compliance with its provisions.
Texaco , Inc., Petitioner and Oil , Chemical and Atomic Workers,
International Union, AFL-CIO . Case No. 7-ISM-482. Septem-
ber 21, 1964
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Hearing Officer Mil-
ton Fischer. The Hearing Officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a 3-member
panel [Members Fanning, Brown, and Jenkins].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims to represent certain em-
ployees of the employer.
3. No question affecting commerce exists concerning the repre-
sentation of employees of the Employer within the meaning of Sec-
tions 9 (c) (1) and 2 (6) and (7) of the Act for the following reasons :
The Employer operates a terminal for the storage and sale of petro-
leum products in Dearborn, Michigan. No union has ever been cer-
tified by the Board as the exclusive representative of any of the em-
ployees at the Dearborn terminal. However, since the construction
of the Dearborn facility in 1954, the Union has represented a terminal
unit described in the most recent contract as consisting of "all truck-
drivers, warehousemen, loaders-gaugers, assistant warehousemen,
cashiers, clerks, yardmen, watchmen, car washers and greasers, tele-
phone operators, and auto mechanics" and excluding supervisors.
The most recent contract covering the employees in question expired
on' January 1, 1964. In support of its petition, the Employer-con-
tends that the clerical employees who are the subject of this proceed-
ing are office clericals, and that notwithstanding any bargaining his-
tory, they should be in a separate unit.
There are approximately 50 employees in the unit covered by the
expired contract. In issue are 10 clerks in various categories, to wit :
2 cashiers, 2 order clerks, 1 overflow desk clerk, 1 equipment clerk, 1
telephone operator, 1 stock order clerk, 1 bulk stock clerk, and 1 stock
package-handling clerk.
148 NLRB No. 122.
TEXACO, INC. 1189
All 10 of these employees come under the immediate supervision of
-1 of the 2 assistants- toy the general superintendent of the terminal.
The other assistant superintendent is responsible for the production
-and maintenance employees. The truckdrivers, who are also part of
the production and maintenance unit, are under the immediate super-
vision of the terminal dispatchers.
The clerical employees work in a building which is located within
the same fenced compound as other terminal structures and is ap-
proximately 100. yards from ""the- warehouse. This building also
houses district sales personnel who are not involved herein. ,
The employees in the above classifications handle all clerical work
required in the operation of the terminal. 'The two cashiers accept
and record cash received by the drivers for sales. The bulk stock
clerk maintains records of all bulk stock handled and the invoicing
of certain distributors' accounts. The equipment clerk handles the
ordering of equipment and is also responsible for records regarding
the, equipment of area service stations. One clerk records the stock
coming into the terminal from other plants,and another records all
incoming and outgoing package stock. The two order clerks handle
incoming orders from salesmen, consumers, and' service stations and
are aided in this work by the overflow clerk when necessary. Apart
from the order clerks who prepare, their own invoices, the clerks re-
ceive their invoices from either the drivers or the loaders in the
terminal.
Both the clerical and the production and maintenance employees
are salaried. The terminal is in continuous operation, consequently
production and maintenance employees work various shifts. All the
clerical employees work at different times between 8 a.m. and
5:45 p.m. All the employees under the contract have the same vaca-
tion, holidays, and other fringe benefits. A composite seniority list
covers all terminal employees. There is some interchange between
the clericals and other terminal employees and, in accord with the
provisions of the contract, eligibility for promotion and transfer is
available and has taken place on a terminalwide basis.
The record reveals that the work of the employees in question brings
them into frequent contact with other employees of the terminal and
that their duties are a part of the functional operations of the instal-
lation. Their community of interest with the production and main-
tenance employees is further demonstrated by their actual interchange`
with that group in the past.
Under these circumstances, we believe that the clerical employees in
question are plant clericals 1 whose interests are closely related to
' Although the telephone operator performs duties which are frequently associated with
office clerical work , her voluntary inclusion along with employees regularly performing
plant clerical functions in the operating unit is sufficient to warrant continuation of that
unit placement , Airborne Freight Corporation, 142 NLRB 873.
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
those of other terminal employees.' Accordingly, as no question con-
cerning representation of these employees exists, we shall dismiss
the petition.
[The Board dismissed the petition filed herein.]
2 See General Petroleum Corporation, 83 NLRB 514.
NASA Exchange -MSC Exchange Council 1 and General Drivers,
Warehousemen and Helpers Local Union No. 968, affiliated
with the International Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America , Petitioner. Case No.
23-RC-2265. September 21, 1964
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Hearing Officer C. L. Ste-
phens. The Hearing Officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman McCulloch and Members
Leedom and Brown].
Upon the entire record in this case the Board finds :
The Petitioner and Intervenor' seek to represent the cafeteria em-
ployees of the Employer. The Employer raised a question at the
hearing whether the operation here involved. was an employer within
the meaning of the Act or a Government instrumentality, and re-
quested a Board determination of this matter.
The director of the Manned Spacecraft 'Center in Houston estab-
lished the Exchange Council in July 1962, by a directive which de-
scribed it "as a Government instrumentality and entitled to all the
immunities and privileges of a Government instrumentality," and
stated that its objective was "to establish and operate activities which
will contribute to the efficiency, welfare and morale of the MSC per-
1 The name of the Employer appears as amended at the hearing. The record shows that
this is an abbreviated identification of National Aeronautics and Space Administration
Exchange -Manned Spacecraft Center Exchange Council.
2 Hotel and Restaurant Employees and Bartenders International Union, AFL-CIO, Local
Union No. 251, herein referred to as the Intervenor, was permitted to intervene on the
basis of a showing of interest.
148 NLRB No. 129.