The Texas Co.

National Labor Relations Board - Board Decisions

Feb 9, 1942

38 N.L.R.B. 1025 (N.L.R.B. 1942)

In the Matter of THE TEXAS COMPANY, PORT ARTHUR REFINERY and
OIL WORKERS' INTERNATIONAL UNION, LOCAL No. 23, AFFILIATED WITH
THE C. I. O.
Case No. R-3166
Investigation and Certification of Representatives : run-off election directed.
SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
AND
SECOND DIRECTION OF ELECTION
February 9, 1942
On December 24, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceeding., Pursuant to the Decision and Direction
of Elections, elections by secret ballot were conducted on January 15
and 16, 1942, under the direction and supervision of the Regional
Director for the Sixteenth Region (Fort Worth, Texas). On January
20, 1942, the Regional Director, acting pursuant to Article III, Sec-
tion 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, duly served upon the parties an Election Report
setting forth the following results of the aforesaid elections :
Ballot A
Total on eligibility list _______________________________________ 225
Total ballots cast__ ________________________________________ 180
Total ballots challenged____________________________________ 0
Total blank ballots__________________________________________ 0
Total void ballots ____________________________________________ 1
Total valid votes counted______ _______________________________ 179
Votes cast for Oil Workers International Union________________ G5
Votes cast for International Association of Machinists---------- 93
Votes cast for neither Union__________________________________ 21
Ballot B
Total on eligibility list_________ ______________________________ 111
Total ballots cast__ __________________________________________ 91
137 N L R B. 932
38 N. L. R. B., No. 190.
1025
438861-42-vol 38-66
1026 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total ballots challenged -------------- --------------------- 0
Total blank ballots---------------------------------------- 0
Total void ballots ----------- ------------------------------ 0
Total valid votes counted__________________________________ 91
Votes cast for Oil Workers International Union______________ 5
Votes cast for International Brotherhood of-, Electrical
Workers----------------------------------------------- 64
Votes cast for neither Union_______________________________ 22
Ballot C
Total on eligibility list____________________________________ 185
Total ballots cast_________________________________________ 154
Total ballots challenged-_______------- ------- -- --------- --------- 0
Total blank ballots________________________________________ 0
Total void ballots----------------------------------------- 0
Total valid votes counted-- ---------- --------------------- - 154
Votes cast for Oil Workers International Union_____________ 74
Votes cast for International Brotherhood of Boilermakers,
Iron Shipbuilders, Welders & Helpers of America_________ 41
Votes cast for neither Union ____________________ 39
Ballot D
Total on eligibility list____________________________________ 231
Total ballots cast----------------------------------------- 196
Total ballots challenged___________________________________ 0
Total blank ballots---------------------------------------- 0
Total void ballots------------- --------------------- ------ - I
Total valid votes counted__________________________________ 195
Votes cast for Oil Workers Inteinational Union______________ 23
Votes cast for International Union of Operating Engineers---- 2
Votes cast for United Laboratory Workers___________________ 104
Votes cast for no Union____________________________________ 66
Ballot E
Total on eligibility list------- ---------------------- --------- 2,799
Total ballots cast-- ------- ---------------- ---------------- 2,222
Total ballots challenged-____---- -------- ---------------------- 11
Total blank ballots________________________________________ 0
Total void ballots_________________________ --------------- 12
Total valid votes counted ---------------------------------- 2,199
Votes cast for Oil Workers International Union______________ 1.351
Votes cast for International Union of Operating Engineers---- 67
Votes cast for neither Union ------------------------------- 781
No objections to the conduct of the election or to the Election Report
have been filed by any of the parties. Thereafter, the Oil Workers
and the Boilermakers requested a run-off election for the employees in
the welding and boiler departments voting on Ballot C.
Although neither of the competing labor organizations received a
majority of the votes cast by the employees in the welding and boiler
departments, the results of that election show that a substantial ma-
jority of the employees in quesion desire to bargain collectively with
0
THEY TEXAS COMPANY 1027
the Company. Accordingly, we shall direct a run-off election, in which
such employees will be given an opportunity to decide whether they
desire to be represented by the Oil Workers or by the Boilermakers,
for the purposes of collective bargaining.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
In its decision, the Board made no final determination as to the
proper unit or units for certain groups of employees of the Company,
stating that such unit or units should be determined by the desires of
the employees involved expressed in the elections which the Board
directed. In view of the results of the elections, and in accordance
with our decision, we make the following unit findings :
1. We find that all employees in the machine department and the
blacksmith department of both the refinery and the terminal of the
Company, including laborers, and the pipe fitter, but excluding super-
visory employees, constitute a unit appropriate for the purposes of
collective bargaining.
2. We find that all employees in the electrical department, the re-
cording-instrument department, the powerhouse, the electricians per-
manently assigned to the laboratory, and telephone and telegraph
operators, of both the refinery and the terminal of the Company, ex-
cluding supervisory employees, constitute a unit appropriate for the
purposes of collective bargaining.
3. We find that all hourly paid employees in the laboratory depart-
ment of both the refinery and the terminal of the Company, excluding
supervisory and clerical employees, constitute a unit appropriate for
the purposes of collective bargaining.
4. We find that all employees in the refinery and the terminal of the
Company, excluding the employees in the groups described in para-
graphs 1, 2, and 3 above, supervisory, technical and clerical employees,
employees in the cafeteria, employees in the first-aid department, crew
members in the boat department, guards, watchmen, and all employees
in the welding department and the boiler department of both the
refinery and the terminal,2 constitute a unit appropriate for the pur-
poses of collective bargaining.
We also find that said units 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.
2 In the event that the employees in the welding and boiler departments select the Oil
Workers in the iun -off election which we ate directing , they shall become part of the larger
unit for which the Oil Workers is now being ceitified In the event that they vote for the
Boilermakers , they shall constitute a separate appropriate unit.
1028 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the above supplemental findings of fact and upon
the entire record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
1. All employees in the machine department and the blacksmith
department of both the refinery and the terminal of the Company,
including laborers, and the pipe fitter, but excluding supervisory em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
2. All employees in the electrical department, the recording-instru-
ment department, the powerhouse, the electricians permanently as-
signed to the laboratory, and telephone and telegraph operators, of
both the refinery and the terminal of the Company, excluding super-
visory employees, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. All hourly paid employees in the laboratory department of both
the refinery and the terminal of the Company, excluding supervisory
and clerical employees, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
4. All employees in the refinery and the terminal of the Company,
excluding employees in the groups described in paragraphs 1, 2, and 3
above, supervisory, technical and clerical employees, employees in the
cafeteria, employees in the first-aid department, crew members in the
boat department, guards, watchmen, and all employees in the welding
department and the boiler department of both the refinery and the
terminal, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) 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 I-IEREBY CERTIFIED that International Association of Machinists,
Port Arthur Local No. 823, affiliated with the American Federation
of Labor, has been designated and selected by a majority of all em-
ployees in the machine department and the blacksmith department of
both the refinery and the terminal of The Texas Company, Port
Arthur Refinery, including laborers and the pipe fitter, but excluding
THE TEXAS COMPANY 1029
supervisory employees, as their representative for the purposes of col-
lective bargaining, that pursuant to Section 9 (a) of the Act, Interna-
tional Association of Machinists, Port Arthur Local No. 823, affiliated
with the American Federation of Labor, 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 condi-
tions of employment.
IT IS FURTHER CERTIFIED that International Brotherhood of Electrical
Workers, Port Arthur Local No. 390, affiliated with the American
Federation of Labor, has been designated and selected by a majority
of all employees in the electrical department, the recording-instrument
department, and the powerhouse, electricians permanently assigned to
the laboratory, and telephone and telegraph operators, of both the
refinery and the terminal of The Texas Company, Port Arthur Re-
finery, excluding supervisory employees, as their representatives for
the purposes of collective bargaining and that pursuant to Section 9 (a)
of the Act, International Brotherhood of Electrical Workers, Port
Arthur Local No. 390, affiliated with the American Federation of
Labor, 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 FURTHER CERTIFIED that United Laboratory Workers has been
designated and selected by a majority of all hourly paid employees in
the laboratory department of both the refinery and the terminal of
The Texas Company, Port Arthur Refinery, excluding supervisory
and clerical employees, as their representative for the purposes of col-
lective bargaining, and that pursuant to Section 9 (a) of the Act,
United Laboratory Workers 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.
AND IT IS FURTHER CERTIFIED that Oil Workers' International Union
Local No. 23, affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majority of all employees in
the refinery and the terminal of The Texas Company, Port Arthur
Refinery, excluding employees in the units set forth above, supervisory,
technical and clerical employees, employees in the cafeteria, employees
in the first-aid department, crew members in the boat department,
guards, watchmen, and all employees in the welding department and
the boiler department of both the refinery and the terminal, as their
representative for the purposes of collective bargaining, and that pur-
suant to Section 9 (a) of the Act, Oil Workers' International Union
Local No. 23, affiliated with the Congress of Industrial Organizations,
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.
1030 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
SECOND 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,
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
DIRECTED that, as part of the investigation authorized by the Board
to determine the appropriate units and to ascertain representatives
for the purpose of collective bargaining with The Texas Company,
Port Arthur Refinery, New York City, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Second Direction of Election, 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, Section 9, of said Rules and Regu-
lations, among all employees in the welding department and the boiler
department who were eligible to vote in the election conducted pur-
suant to the Direction of Elections issued December 24, 1941, but
excluding those who have since quit or been discharged for cause, to
determine whether they desire to be represented by Oil Workers' In-
ternational Union, Local No. 23, affiliated with the Congress of Indus-
trial Organizations, or by International Brotherhood of Boilermakers,
Iron Shipbuilders, Welders and Helpers of America, Port Arthur
Local 305, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.