The Texas Co.

National Labor Relations Board - Board Decisions

Mar 31, 1941

30 N.L.R.B. 726 (N.L.R.B. 1941)

In the Matter of THE TEXAS COMPANY, PORT NECHES REFINERY and OIL
WORKERS INTERNATIONAL UNION1 LOCAL No. 228, AFFILIATED WITH THE
C.I.O.
Case No. R-2173
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 31, 1941
On December 16, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' On January 8, 1941, the Board issued an
Amendment to Direction of Election and Order.2 On February '14,
1941, the Board issued a Decision, Direction of Elections and Order
Vacating Decision and Direction of Election .3 ,
In its Decision, Direction of Elections and Order Vacating Decision
and Direction of Election, the Board provided that elections by secret
ballot be conducted as early as possible, but not later than thirty (30)
days from the date of the Direction of Elections, under the direction
and supervision of the Regional Director•for the Sixteenth Region,
among those employees at the Port Neches Refinery of The Texas
Company, Port Neches, Texas, who fall within the groups described
below :
(a) All employees at the Port Neches Refinery of the Company
whose names appear on the Company's pay roll of November 19, 1940,
including certain subforemen, but excluding office, clerical, and super-
visory employees, foremen, first-aid employees, engineers, the power
engineer, chief chemist, research chemists, chemists, machinists, help-
ers, specialists, and apprentices in the machine shop, and employees
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by Oil Workers International
Union, Local No. 228, affiliated with the Congress of Industrial Or-
ganizations, for the purposes of collective bargaining;
(b) All machinists, helpers, specialists, and apprentices in the
machine shop of the Company whose names appear on the Company's
1 28 N L R B 590
2 28 N. L R B 594
3:9 N L R B 623
30 N. L. R. B., No 113
726
i
THE TEXAS COMPANY 727
pay roll of November 19, 1940, excluding employees who have since
-quit or been discharged for cause, to determine whether they desire
to be represented by Oil Workers International Union, Local No. 228,
affiliated with the Congress of Industrial Organizations, or by Inter-
national Association of Machinists, affiliated with the American Fed-
eration of Labor, for the purposes of collective bargaining, or, by
neither.
Pursuant to the Direction of Elections, elections by secret ballot
were conducted on March. 11, 1941, under the direction and super-
vision of the Regional Director for the Sixteenth Region (Fort
Worth, Texas). On March 13, 1941, 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 an Election Report. No objections to the
conduct of the ballot or the Election Report have been filed by any
of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
MACHINISTS
Total number of ballots counted----------------------------- 18
Total number of votes for Oil Workers International Union,
Local 228 ------------------------------------------------ 1
Total number of votes for International Association of
Machinists ----------------------------------------------- 17
Total number of votes for neither--------------------------- 0
Total number of void ballots------------------------------- 0
,Total number of,blankballots ------------------------------- 0
Total number of challenged ballots-------------------------- ' 0'
Total number of eligibles------------------------------------ 18
OTHER EMPLOYEES
Total number of ballots counted----------------------------- 411
Total number of votes -for Oil Workers International Union,
Local 228 ------------------------------------------------ 296
Total number of votes against Oil Workers International Union,
Local 228 ----------------------------------------------'- 114
Total number of void'ballots----------------------- --------- 1
Total number of blank ballots------------------------------- 0
Total number of challenged ballots-------------------------- 0
Total number of eligibles------------------------------------ 444
Upon the basis of the entire record, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
1. THE APPROPRIATE UNITS
In , its Decision, Direction of Elections and Order Vacating De-
cision, "and Direction of Election, the Board made no final determina-
728 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion as to the appropriate unit or units for the purposes of collective
bargaining pending the election to be held among the machinists,
helpers, specialists and apprentices in the machine shop. The Board
stated that if they chose the same representatives' as the employees
-in the industrial unit, they would together constitute an appropriate
unit. If they chose different representatives they would then con-
stitute separate appropriate units.
We find that all employees at the Port Neches Refinery of the
Company, including certain subformen, but excluding office, clerical
and supervisory employees, foremen, first-aid employees, engineers,
'the power engineer, chief chemist, research chemists, chemists and,
machinists, helpers, specialists, and apprentices in the machine shop,
constitute a unit appropriate for the purposes of collective bar-
gaining, 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 also find that all machinists, helpers, specialists, and ap-
prentices in the machine shop at the Port Neches Refinery of the
Company, constitute a unit, appropriate for the purposes of col-
lective 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.
II. THE DETERMINATION OF REPRESENTATIVES
We find that Oil Workers International Union, Local No. 228,
affiliated-. with the Congress of Industrial Organizations, has been
designated and selected by a majority of the employees in, the above
described industrial unit- as their representative for the purposes of
collective bargaining. - It is, therefore, the exclusive representative
of all- employees in such unit for the purposes of collective bargain-
ing, and we will so certify.
We find that International Association of Machinists, affiliated
with the American Federation of Labor, has been designated and
selected by a majority of the employees in the above-described ma-
chinists unit as their representative for the purposes of collective
bargaining. _ It is, therefore, the exclusive representative of all
employees in such unit for the purposes of collective bargaining, and
we will so certify.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
1. All employees at the Port Neches Refinery of the Company,
including certain subforemen, but excluding office, clerical, and
THE TEXAS COMPANY 729
supervisory employees, foremen, first-aid employees, engineers, the
power engineer, chief chemist, research chemists, chemists, and ma-
chinists, helpers, specialists, and apprentices in the machine shop,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National Labor
Relations Act.
2. All machinists, helpers, specialists, and apprentices in the ma-
chine shop at the Port Neches Refinery of the Company, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9'(b) of the National Labor Relations Act.
3. Oil Workers International Union, Local No. 228, affiliated with
the Congress of Industrial Organizations, is the exclusive repre-
sentative of all the employees in the unit designated in paragraph
1 above, for the purposes of collective bargaining, within the mean-
ing of Section 9 (a) of the National Labor Relations Act.
4. International Association of Machinists, affiliated with the
American Federation of Labor, is the exclusive representative of all
the= employees in the unit designated in paragraph 2 above, for the
purposes of collective bargaining, within the meaning of Section
9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, 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 Oil Workers International Union,
Local No. 228, affiliated with the Congress of Industrial Organiza-
tions, has been designated and selected by a majority of all employees
at the Port Neches Refinery of The Texas Company, Port Neches,
Texas, including certain subforemen, but excluding office, clerical,
and supervisory employees, foremen, first-aid employees, engineers,
the power engineer, chief chemist, research chemist, chemists, and
machinists, helpers, specialists, and apprentices in the machine shop,
as their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, Oil Workers International
Union, Local No. 228, affiliated with the Congress of Industrial Or-
ganizations, is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
IT IS HEREBY CERTIFIED that International Association of Machin-
ists, affiliated with the American Federation of Labor, has been
designated \ and selected by a majority of all machinists, helpers,
730 DECISIONS OF NATIONAL • LABOR • RELATIONS BOARD
specialists; and apprentices in the machine shop at the Port 'Neches
Refinery of The Texas Company, Port Neches, Texas, as their rep-
resentative for the purposes of collective bargaining, and that, pur-
suant to Section 9 (a) of the Act, International Association of
Machinists,' affiliated with the American Federation of Labor, is
the exclusive representatives of all such employees' for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.