The Texas Co.

National Labor Relations Board - Board Decisions

Sep 6, 1943

52 N.L.R.B. 457 (N.L.R.B. 1943)

In the Matter of THE TEXAS COMPANY and AMERICAN FEDERATION of
LABOR, FEDERAL LABOR UNION No. 22210
Case No. R-5883.-Decided September 6, 1943
Mr. John C. Jackson, of Houston, Texas, and Mr. W., R. Moser, of
Port Arthur, Texas; for the Company.
Mr. A. F. Cadena, of San Antonio, Texas, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by American Federation of Labor, Federal
Labor Union No. 22210, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Texas Company, West Dallas, Texas, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Bliss Daffan,
Trial Examiner. Said hearing was held'at Dallas, Texas, on August
20, 1943. The Company and the Union 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 Trial Examiner's rulings made at the hearing are free from
prejudical error and are hereby affirmed.
All parties were afforded 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 Texas Company is a Delaware corporation with its principal
office at New York City. We are here concerned with its oil refinery
at West Dallas, Texas, known as the West Dallas Works. The Com-
pany is engaged in the business of producing, refining, and marketing
crude oil and the products therof. During 1942, the Company shipped
about 10 percent of the products produced at the West Dallas Works
to points outside the State of Texas.
52 N. L. R. B., No. 71.
457
458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
American Federation of Labor, Federal Labor Union No. 22210,
is a labor organization, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
During July 1943, the Union requested the Company to recognize
it as the exclusive collective bargaining representative of certain em-
ployees at the West Dallas Works. The Company refused this request
until such time as the Union is Certified by the Board.
•A statement of a Field Examiner of the Board, introduced into
evidence at the hearing,'indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union urges that all clerical employees at the West Dallas
Works of the Company, excluding supervisory and technical em-
ployees, constitute an appropriate unit. The parties are in disagree-
ment with respect to the disposition to be made of the following classes
of employees. The Union would include all such employees in the
unit, while the Company would exclude them.
The Company employs a person classified by it as head general
clerk. This employee is the assistant to the chief clerk, who is ad-
mittedly excluded from the unit, and he performs supervisory duties.
We shall exclude the head general clerk from the unit.
The head clerk cashier handles the petty cash and is iy charge of
the private pay roll of the Company. The private pay roll is con-
sidered highly confidential by the Company. We shall exclude the
head clerk cashier from the unit as a confidential employee.
The head clerk in stock department, head clerk of Bost and time
department, head clerk in shipping department, and the storekeeper
instruct from one to four employees working in their respective de-
partments. The relationship of the head clerks to their assistants is
similar to that of a journeyman to his helper. Accordingly, we shall
include the head clerks in the unit.
1 The Field Examiner reported that the Union presented 12 membership application cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of July 15 , 1943. There are approximately 19 employees in the appropriate unit.
THE TEXAS COMPANY 459
We find that all clerical employees at the West Dallas Works of the
Company, including the head clerk in stock department , head clerk of
cost and time department , head clerk in shipping department , and the
storekeeper , but excluding technical employees , head general clerk,
head clerk cashier, and all supervisory employees with authority to
hire, promote , discharge , 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 means of an election by secret ballot among
the employees 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.
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 Relations
Board Rules and Regulations-Series 2, as amended , it is hereby
DIREOTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Texas Com-
pany, West Dallas, Texas, an election by secret ballot shall be conducted
as early as possible , but not later than thirty ( 30) days from 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, Sec-
tions 10 and 11, of said Rules and Regulations , among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 any who
have since quit or been discharged for cause , to determine whether or
not they desire to be represented by American Federation of Labor,
Federal Labor Union No. 22210, for the purposes of collective bar .
gaining.
CHAIRMAN MILUS took no part in the consideration of the above De-
cision and Direction of Election.