The Gulf Oil Corp.

National Labor Relations Board - Board Decisions

Feb 23, 1944

54 N.L.R.B. 1574 (N.L.R.B. 1944)

In the Matter of THE GIILF OIL CORPORATION and OIL WORKERS INTER-
NATIONAL UNION, LOCAL UNION No. 23, C. I. O.
Case No. 16-R-7'89.Decided February 23, 1944
Messrs. Rufus J. Lackland and Jno. E. Green, Jr., both of Houston,
Tex., and Mr. B. H. Barnes, of Port Arthur, Tex., for the Company.
Mr. Lindsay P. Walden, of Fort Worth, Tex., and Messrs. M. J.
Trombley, W. M. Akin, and Hogner Coffman, all-of Port Arthur, Tex.,
for the Oil Workers.
Messrs. H. V. Smith and F. R. Winstel, both of Port Arthur, Tex.,
for the Boilermakers.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Oil Workers International Union,
Local Union No. 23, C. I. 0., herein called the Oil Workers, alleging
that a question affecting commerce had arisen concerning the represen-
tation of employees of The Gulf Oil Corporation, Port Arthur, Texas,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Gustaf B.
Erickson, Trial Examiner. Said hearing was held at Port Arthur,
Texas, on January 21, 1944. The Company, the Oil Workers, and
the International Brotherhood of Boilermakers, Iron Shipbuilders,
Welders, and Helpers of America, Port Arthur Local No. 305, herein
called the Boilermakers,' 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 Boilermakers
moved at the hearing for a dismissal of the petition herein on the
ground that a presently existing contract between the Company and
the Boilermakers constitutes a bar thereto. The Trial Examiner re-
served'ruling upon this motion for the Board. For reasons herein-
1 As hereinafter set forth, we take notice of the fact that the Boilermakers is affiliated
with the American Federation of Labor.
54 N. L. R. B., No. 253.
1574
THE GULF OIL CORPORATION 1575
after stated, the motion is denied. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed. All parties were afforded an opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Gulf Oil Corporation, a Pennsylvania corporation,-is engaged
in all branches of the petroleum industry, producing and marketing
over 650 petroleum products in various States, sales of which are han-
dled through approximately 1,100 plants, and 300,000 retail outlets.
The Company controls extensive production, pipe line, refining, ma-
rine, and marketing facilities, which carry its products among the sev-
eral States and into foreign countries. The Company also operates a
refinery at Port Arthur, Texas, with which we are concerned herein.
Said refinery is engaged in the refining of crude oil and the production
of gasoline, kerosene, lubricating oil, and other petroleum products.
The Port Arthur refinery receives approximately 4,200,000 barrels of
crude oil per month, of which about 25 percent is received from points
located outside the State of Texas. Said refinery produces a monthly
average of approximately 1,680,000 barrels of gasoline, 185,000 barrels
of kerosene, 450,000,biirrels of furnace oil, 330,000 barrels of lubricating
oil, and 2,000,000 pounds of various types of greases, over 50 percent
of which is sold at points located outside the State of Texas. In
addition to the foregoing, said refinery has terminal facilities for
loading railroad tank cars and deep water vessels. The Company
admits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
Oil Workers International Union, Local No. 23, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations admitting
to membership employees of the Company.
International Brotherhood of Boilermakers, Iron Shipbuilders,
Welders and Helpers of America, Port Arthur Local No. 305, is a
labor organization affiliated with the American Federation, of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Oil Workers
as the exclusive bargaining representative of the employees involved
1576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the proceeding herein until the Oil Workers has been certified as
the representative of such employees by the Board. The Boilermakers
contends that its contract with the Company constitutes a bar to the
instant proceeding.
On August 26, 1938, subsequent to negotiations conducted between
the Company and the Boilermakers, the former addressed a letter to
the International president of the latter, incorporating therein the
results of the aforesaid negotiations. This letter is signed only by a
representative of the Company. However, both the Company and
the Boilermakers have, since the date of execution thereof, and at all
times up to the present date, recognized this document as constituting
the contract between them.2 Without passing upon the question of
whether or not this document constitutes a contract or a mere working
arrangement between the parties ,3 we are of the opinion that since
said document specifically provides that it may be modified at any
time after August 26, 1939, upon one month's notice by either party,
it is at best a contract of indefinite duration, and hence no bar to the
instant proceeding.4
A statement of the Field Examiner introduced into evidence at the
bearing, indicates that the Oil Workers and the Boilermakers repre-
sents a substantial number of employees in the unit hereinafter found
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 Act.
IV. THE APPROPRIATE UNIT
Substantially in accordance with an agreement of the parties, we
find that all employees of the Company engaged in its Port Arthur,
Texas, refinery, as boilermakers, welders, layer-outs, riveters, black-
smith, inspectors, burners, riggers, tankmen, punch and shear men,
buckers, heaters, caulkers, and their apprentices and helpers, excluding
all supervisory employees with authority to hire, promote, discharge,
2 The Company is presently operating under similar arrangements with other labor
organizations
Cf. Matter of Daily Mirror, Inc., 5 N. L. It. B 362, 366.
Matter of American Radiator and Standard Sanitary Co) poration , 35 N L. It. B. 172 ;
Matter of Alleghany Ludlum Steel Corporation , 40 N. L' R B 1285
i The Field Examiner reported that the Oil workers submitted 127 membership cards,
of which 117 appear to contain genuine and original signatures ; that 99 of the cards bear-
ing apparently genuine and original signatures contain the names of persons appearing
upon the Company's pay roll of December 1, 1943 ; and that said pay roll contains a total
of 225 names . He further reported that the Boilermakers submitted 126 authorization
cards, all of which appear to bear apparently genuine and original signatures ; that 121 of
these cards contain the names of persons appearing upon the afore -mentioned pay roll.
The record indicates that' the Boilermakers presented at the hearing five additional
cards bearing apparently genuine original signatures and containing the names of persons
appearing upon the afore -mentioned pay roll.
THE GULF OIL CORPORATION 1577
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.6
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 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Gulf Oil
Corporation, Port Arthur, Texas, an election by secret ballot shall be
conducted as early as possible, but not later than thirty (30), days
from the date of this Direction, under the direction and supervision
of the Regional Director, for the Sixteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether they desire to be represented by Oil
Workers International Union, C. 1. 0., Local No. 23, or by Brotherhood
of Boilermakers, Iron Shipbuilders, Welders, and Helpers of America,
Local 305, for the purposes of collective bargaining, or by neither.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.
The Oil workers requested at the hearing that it be designated on the ballot as "Oil
Workers International Union, C. I 0 , Local No. 23," and at the same time the Boiler-
makers requested that it be designated thereon as "Brotherhood of Boilermakers, Iron
Shipbuilders, Welders, and Helpers of America, Local 305 " Both requests are hereby
granted.