The Texas Co.

National Labor Relations Board - Board Decisions

Mar 10, 1942

39 N.L.R.B. 656 (N.L.R.B. 1942)

In the Matter of THE TEXAS COMPANY and OIL WORKERS' INTER-
NATIONAL UNION, LOCAL No. 23, AFFILIATED WITH THE C. I. O. and
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS , IRON SHIP-
BUILDERS , WELDERS AND HELPERS OF AMERICA, PORT ARTHUR
LOCAL 305, A. F. OF L.
Case No. R-3166
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 10, 1942
On December 24, 1941, the National Labor Relations Board issued
a Decision and Direction of Elections,' and on February 9, 1942, a
Supplemental Decision, Certification of Representatives and Second
Direction of Election,2 in the above-entitled- proceeding. Pursuant to
the Second Direction of Election, an election by secret ballot was con-
ducted on February 20, 1942, under the direction and supervision of
the Regional Director for the Sixteenth Region (Fort Worth, Texas).
On February 23, 1942, 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 -his 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:
Total on eligibility -list ------- _--------------------------- 185
Totalballots cast-- -* ------------------------------------- 112
Total ballots challenged----- ------- --- ------ ------------- 1
Total blank ballots______________________________________ 0
Total void ballots_______________________________________ 2
Total valid votes counted________________________------------------------ ------- -- 109
Votes cast for Oil Workers' International Union, Local No. 23,
C.I. 0------------- -------- ------------ 62
Votes cast for International Brotherhood of Boilermakers, Iron
Shipbuilders, Welders and Helpers of America, Port Arthur
Local 305, A. F. of L----------------------------------- 47
-
Since the challenged ballot cannot affect the results of the election, we
find it unnecessary to pass upon the ballot.
1 37 N. L. R. B 932.
2 38 N. L. R. B 1025.
39 N. L. R. B., No. 123.
656
THE TEXAS COMPANY 657
Upon the entire record in the case, the Board makes the following;
SUPPLEMENTAL FINDINGS OF FACT
In its Supplemental Decision, Certification of Representatives and
Second Direction of Election, the Board made no final determination
as to the proper unit for employees in the welding department and the
boiler department of both the refinery and terminal of The Texas
Company, herein called the Company, stating that if these employees
selected the Oil Workers' International Union, Local No. 23, affiliated
with the C. I. 0., as their representative for the purposes of collective
bargaining, they would become part of the unit for which the Board
was certifying that organization in its said Supplemental Decision.
In view of the results of the election and in accordance with our
Supplemental Decision, we make the following unit finding: - -
We find that all employees in the refinery and the terminal of the
Company, including employees in the welding department and boiler
department, but excluding (1) all employees in the machine depart-
ment and the blacksmith department of both the refinery and the
terminal of the Company (including laborers and the pipe fitter); (2)
all employees in the electrical department, the recording-instrument
department, the powerhouse, the electricians permanently assigned to
the laboratory, and telephone and telegraph operators, of both the
refinery and the terminal of the Company; (3) all hourly paid employ-
ees in the laboratory department of -both the refinery and the terminal
of the Company; and (4) all supervisory, technical and clerical em-
ployees, employees in the cafeteria, employees in the first-aid depart-
ment, crew members in the boat department, guards, and watchmen,
constitute a unit appropriate for the purposes of collective bargaining.
We also find 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 will effectuate the policies of the Act.
SUPPLEMENTAL CONCLUSIONS OF LAW
All employees in the refinery and the terminal of the Company,
including all employees in the welding.department and boiler depart-
ment, but excluding (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); (2) all employees
in the electrical department, the recording-instrument department, the
powerhouse, the electricians permanently assigned to the laboratory,
and telephone and telegraph operators, of both the refinery and the
terminal of the Company; (3) all hourly paid employees in the lab-
oratory department of both the refinery and the terminal of the Com-
pany; and (4) all supervisory, technical and clerical employees, em-
658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees in the cafeteria, employees in the first-aid department, crew
members in the boat department, guards, and watchmen, 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 HEREBY 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,
Texas, including all employees in the welding department and boiler
department, but excluding (1) all employees in the machine depart-
ment and the blacksmith department of both the refinery and the
terminal of the Company (including laborers and the pipe fitter); (2)
all employees in the electrical department, the recording-instrument
department, the powerhouse, the electricians permanently assigned
to the laboratory, and telephone and telegraph operators, of both the
refinery and the terminal of the Company; (3) all hourly paid em-
ployees- in the laboratory department of both the refinery and the
terminal of the Company, and (4) all supervisory, technical and
clerical employees, employees in the cafeteria, employees in the first-
aid department, crew members in the boat department, guards, and
watchmen, as their representative for the purposes of collective bar-
gaining and that, pursuant to the provisions of Section 9 (a) of the
National LaborRelations 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 em-
ployment, and other conditions of employment.