The Texas Co.

National Labor Relations Board - Board Decisions

Jun 11, 1943

50 N.L.R.B. 420 (N.L.R.B. 1943)

In the Matter of THE TEXAS COMPANY , PORT ARTHUR WORKS and OIL
WORKERS INTERNATIONAL UNION, LOCAL # 23, C. I. O.
In the Matter of THE TEXAS COMPANY, CASE & PACKAGE DIVISION and
OIL WORKERS INTERNATIONAL UNION, LOCAL No. 23
Cases Nos. R-5350 and R-5351, respectively.Decided June 11, 1943
Mr. Albert E. VanDusen, of New York City, for the Company.
Mr. W. J. Trombley, of Port Arthur, Tex., for the C. I. O.
Mr. W. L. Grant, of Beaumont, Tex., for the I. A. M.
Mr. S. H. Butler, of, Port Arthur, Tex., for the Independent.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Oil Workers International Union, Local
#23, C. I. O.,,herein called the C. I. 0., alleging that a question af-
fecting commerce had arisen concerning the representation of em-
ployees of The Texas Company, Port Arthur Works and The Texas
Company, Case & Package Division, both of Port Arthur, Texas,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Lindsay P.
Walden, Trial Examiner. Said hearing -was held at Port Arthur,
Texas, on May, 13, 1943. The Company, the C. I. 0., International
Association of Machinists, Port Arthur Local 823, herein called the
I. A. M., and the Employees Federation of The Texas Company, Case
& Package Division, herein called the Independent, appeared, partici-
pated, and were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
50 N. L. R. B., No. 65.
420
I
THE TEXAS COMPANY 421,'
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1 I. THE BUSINESS OF THE COMPANY
The Texas Company, a Delaware corporation, with its principal
office in New York City, is engaged in the production, transportation;
refining, and marketing of crude oil, oil products, and other items in-
cidental thereto. Among the Company's numerous plants are the two
plants involved in-this proceeding, a-case-and package plant and a
refinery, both located at Port Arthur, Texas. At its case and package
plant, known as the Case & Package Division, the Company manu-
factures cans, pails, and other containers for petroleum products,
which are shipped partly to the Company's Port Arthur Refinery and
partly to other refineries and terminals of the Company throughout
the United States. In addition, some of the products of the Case &
Package Division are sold to purchasers in the State of Texas and also
to foreign purchasers. The products manufactured at the Port Arthur
Refinery are shipped partly to other points in the State of Texas and
partly to other points in foreign countries. The products are shipped
by,, pipe,, lines, ^ railroad cars and tankers owned by the Company.
During the year 1942, the Company shipped approximately 18 percent
of the cans, pails, and other products of the Case & Package Division
to other States and 21/.2 percent to foreign countries. During the same
period it shipped over 90 percent of the products of the Refinery to
points outside the State of Texas.
The Company admits that it, is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
I
Oil, Workers International Union, Local, #23, affiliated with the
Congress of Industrial Organizations, is a labor organization admit-
ting to membership employees of'the Company.
International Association of Machinists, Port Arthur Local 823,
at the time of the hearing affiliated with the American Federation of
Labor, is a labor organization admitting to membership employees of
the Company?
Employees Federation of The Texas Company, Case & Package
Division, is a representation plan in which employees of the Company
participate.
I On May 31 , 1943 , the I . A. M. withdrew from the American Federation of Labor
5 3 6105 -4 4- v o l 50--28
422
1 1,
DECQSIIONS OF NAT%NAL TABOR 'RELATION S BOARD
III. 'THE'QUESTION CONCERNING REPRESENTATION
The C. I. O. has requested that the Company recognize it as the
exclusive bargaining representative of employees at both the Refinery
and the Case & Package Division. The Company has refused to grant
the C. I. O.'s request until it has been certified by the Board in appro-
priate units.
A statement of a Field Examiner 'for the Board, introduced into
evidence at the hearing, and a supplemental statement by the Trial
Examiner at the hearing,' indicate that the C. I. O. represents a' sub-
stantial number of employees in the units hereinafter found appro-
priate.2 1
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 UNITS
1. In Case No. R-5350, involving the Port Arthur Refinery, the,
C. I. O. seeks an election in the'machinists unit as defined and referred
to in a decision of the Board involving the same plant, namely, all
employees in the machine department and the blacksmith department
of the refinery and adjoining terminal.3 The parties are agreed that
the unit previously found appropriate by the Board is still an appro-
priate bargaining unit except that they have stipulated, in the instant
proceeding, that a pipefitter, included in the unit in the earlier deci-
sion, should now be excluded. There has been no substantial change
of circumstances since the previous decision and certification by the
Board. '
he Field Examiner reported that the C. I. 0 submitted 117 cards, 107 of which bole
apparently genuine original signatures of persons whose names appear on the Company's
Refinery pay roll of March 15, 1943, which contained the' names of 217 employees in the
appropriate unit; the Trial Examiner reported that the C. I 0 submitted an additional
5 cards, 3 of which bore the apparently genuine' signatures of persons whose' names appear
on the same pay roll. The I. A M submitted 97 cards,. 90 of which bore apparently genuine
signatures of persons whose names appear on the Refinery pay roll of the same date
The C. I. 0 submitted 117 cards, 108 of which bore apparently genuine original signa-
tures, of persons whose names appeared on the Company's Case & Package Division pay roll
of March 31, 1943, which 'contained the names of 228 employees in the unit -sought by,
the C. I. 0.
The I. A. M submitted 13 cards, all bearing apparently genuine signatures of persons
whose names appear on the Case & Package Division pav roll of the same date, which
contained the names of 21 employees in the unit sought by the, I. A M
The• Independent did not submit any cards, but the evidence reveals' that it has had a
long bargaining history with the Company on behalf of employees of the Company We
believe and find that the Independent 'has shown sufficient interest in this proceeding to'
warrant its appearance on 'the ballot.
3 See Matter of The Texas Company, Pott Arthur Refinery and Oil Workers'-International
Union, Local No. 23, affiliated with the 0. 0. 0, 37 N. L. R. B. 932. In that case the
C I 0 had sought a plant-wide unit while the I 'A M sought a unit confined to the
machinist and blacksmith departments. The Board found that the desires of the employees
themselves should determine the unit. In the election which followed, the I. A. M. won
and was certified in the smaller unit. See 38 N. L R. B. 1025.
a
THE TEXAS CONIPA11T-1 1 ^ 423
In accordance with the stipulation of the parties and our previous
determination, we find that all employees in the machine department
and the blacksmith department of the refinery and the terminal of, the
Company at Port' Arthur, Texas, including laborers, but excluding
the pipefitter and all supervisory employees, constitute a unit appro-
priate 'for•the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
2. In Case No. R-5351, involving the Case & Package Division, the
C I. 0. seeks a plant-wide unit consisting of all production and main-
tenance employees, except supervisory, clerical, technical and plant-
protection employees. The Company agrees that the unit sought by the
C. I. 0. is appropriate. The I. A. M. seeks a separate unit confined
to the employees in the machine shop and experimental departments.
The Independent contends that all employees except supervisors should
be included in the appropriate unit.
The Case & Package Division operates as a single, integrated opera-
tion which all parties concede can constitute an appropriate bargain-
ing unit. The I. A. M., however, has for several years bargained with
the Company on behalf of its members in the machine shop and ex-
perimental departments. All employees in the machine shop depart-
ment are-machinists, with the exception of a head die maker, an auto-
mobile mechanic, and a die setter, all three of whom are eligible to
membership in the I. A. M. The experimental department has only
three employees, a foremen, draftsman, and' a machinist. The Com-
pany has recognized the craft status of the machinists, and has con=
ferred with them on such questions as the scope and duration of appren-
ticeship for machinist apprentices at the plant.
It appears that the employees of the machine shop and experimental
departments can "appropriately be considered as part of the larger
unit sought by the C. I. 0., or as a separate unit, as contended by the
I. A. M. Accordingly, we hold that the desires of the employees
affected should be first ascertained before making a final determination
of the appropriate unit or units 4 We shall, therefore, direct that a
separate election by secret ballot be held among the employees of the
machine shop and experimental departments, with the exclusions here-
inafter noted, to determine whether they wish to be represented by the
C. I. 0., the Independent, or'the I. A. M. No final determination of
the appropriate unit or units will be made pending the results of the
elections hereinafter ordered.
The parties stipulated, and we find, that the foreman and 'assistant
foreman in the machine shop department and the foreman of the exper-
imental department are supervisory employees and should be excluded
from whatever unit is found to be appropriate. They further stipu-
4 See Matter of The Globe Machine and Stamping Co. and Metal Polishers Union, Local
No. 3, et al., 3 N L R B 294, and subsequent cases
424 DECQSfI04VS OF, NATIONAL L&BOR RELATION S BOAR'D
lated that the draftsman in the experimental department is properly
classed as a technical employee and should be excluded from whatever
unit is found to be appropriate . We shall exclude him.
The parties stipulated that the division manager, assistant manager,
,superintendent , assistant to the ' manager, - assistant to the superin-
tendent, the chief clerk , engineers , head general clerk, employment
supervisor , and assistant supervisor are supervisory employees., We
shall exclude them from the unit. These employees are carried on
the Company 's pay roll under the heading of "General Department."
Also included in this group is a nurse, whom the Independent seeks to
include in the 'unit. We -see no- reason ' for departing from our cus-
tomary practice of excluding nurses from units of production and
maintenance employees . The nurse will be excluded from the appro-
priate unit.
The C. I. 0. would exclude from the unit clerical , plant-protection,
and cafeteria employees while the Independent would include these
groups. The parties stipulated and we find that telephone and tele-
graph operators and checkers are clerical employees . In accordance
with our usual practice we shall exclude clerical and cafeteria employees
-from the appropriate unit, as their interests differ materially from the
interests of production and, maintenance employees.
The plant-protection employees are armed , uniformed , and are
sworn in as auxiliaries of the armed forces. We have consistently
excluded such plant -protection employees from units of other em-
ployees and we adhere to our established policy in this regard. They
will be excluded from the unit.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen in Case No . R-5350 be resolved by an election by secret ballot'
among the employees of the Company 's Port Arthur -Refinery in the
appropriate unit who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Elections herein , subject
.to the limitations and additions set forth in the Direction.
We shall further direct that the question concerning representation
which has arisen in Case No. R-5351 be resolved in part, by elections
by secret ballot among the employees of the Company 's Case & Package
Division in the two categories described in Section IV, above, who
were employed during the pay-roll period immediately preceding the
'Direction of Elections herein, subject to the limitations and additions
set forth in the Direction.
THE TEXAS COMPANY 425
DIRECTION OF ELECTIONS
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 2, as amended, it is hereby
DIRECTED that, as part of the- investigation ' to ascertain representa-
tives for the purposes of collective bargaining with The Texas Com-
pany, Port Arthur Works, 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, Section 10, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV (1), above,
who were employed during the pay-roll,period immediately preceding
the date of this Direction, including^employees, who did not work dur-
ing said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by Oil Work-
ers International Union, Local #23, affiliated with the Congress of
Industrial Organizations, or by International Association of Machin-
ists, Local 823; for the purposes of collective bargaining, or by neither;
and it is hereby further
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Texas Com-
pany, Case & Package Division, 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, Section 10,,of said Rules and Regulations,
among the employees who fall within the groups indicated below and
who were employed by the Company during the pay-roll period imme-
diately 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 at the polls, but
excluding employees who have since quit or been discharged for cause;
(a) All production and maintenance employees of the Company's
Case & Package Division, excluding supervisory, clerical, technical,
plant-protection, and cafeteria employees and the nurse, and also Px-
426' DECISIONS OF NATTONAL;:LABQR • R'EiLAT 'IiONS BOARD
eluding all the employees in the machine shop and experimental de-
partments, to 'determine whether they desire .to be represented by Oil
Workers International Union, Local #23, affiliated with the Congress
of Industrial Organizations , or by Employees Federation of The Texas
Company, Case & Package Division , for the purposes of collective
i bargaining , or by neither. ---
(b) All employees in the Company's machine shop and experimental
departments , excluding foremen; assistant foremen,^and draftsmen, to
determine whether they desire to be represented by Oil Workers Inter-
national Union , Local #23, affiliated with the Congress of Industrial
Organizations , by International Association of Machinists, Port Ar-,
thur Local 823, or by Employees Federation of The Texas Company,
Case & Package Division , for the purposes of collective bargaining,
or by none of said unions.