The Texas Co.

National Labor Relations Board - Board Decisions

Jun 4, 1945

62 N.L.R.B. 103 (N.L.R.B. 1945)

In the Matter of THE TEXAS COMPANY, PORT ARTHUR, TEXAS (CASE AND
PACKAGE DIVISION and OFFICE EMPLOYEES UNION, No. 22977, AFL
-In the Matter of THE TEXAS COMPANY, PORT ARTHUR, TEXAS and OIL
WORKERS INTERNATIONAL UNION LOCAL No. 23, CIO
Cases Nos. 16-R-1216 and 16-R-1217, respectively.Decided June
4,1945
Air. Hugh McCloskey , of Houston , Tex., and 111gssrs Lf/. R. Moser and
C. E. Yates, of Port Arthur, Tex., for the Company.
Mr. C. A. Stafford, of Port Arthur , Tex., and !12r. A. G. Tomblin, of
Beaumont , Tex., for the AFL.
•1111r . W. J. Trombley, of Beaumont , Tex., for the CIO.
Mr. A. J. LaSalle , of Port Arthur , Tex., for the United.
dlr. Harold M!_Hin t plirevs , of counsel to the Board.
DECISION
AND
DIRECT-ION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Office Employees
Union, No. 22977, AFL, herein called the AFL, and Oil Workers Inter-
national Union, Local No. 23, CIO, herein called the CIO, alleging that
question,, affecting commerce had arisen concerning the representation of
employees of The Texas Company, Port Arthur, Texas, herein called the
Company, the National Labor Relations Board consolidated the cases and
provided for an appropriate hearing upon due notice before Earl Saunders,
Trial Examiner. Said hearing was held at Port Arthur, Texas, on April 20,
1945. The Company, the AFL, the CIO, and United Laboratory Workers,
herein called the United, appeared and participated 1 All parties were af-
forded full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence beating on the issues. The Trial Examiner's rul-
ings n-iade at the hearing are free from prejudicial error and are hereby
I United Laboratory Workers appealed at the commencement of the hearing and moved to ntei-
vene in Case No 16-R-1217, relying upon a contract with the Company covering the employees therein
sought as evidence of its interest The notion was granted by the Ti al Examiner
62 N. L. R. B., No. 12.
103
104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
affirmed. All parties were afforded an 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, a Delaware corporation with its principal offices
in Ne^v York City, is engaged in Texas and other States in the production,
refining, and marketing of crude oil and its byproducts. This proceeding
concerns the Company's case and package plant, known as the Case and
Package Division, and refinery and terminals, known as the Port Arthur
Works and Terminal, all located at Port Arthur, Texas. At the Case and
Package Division the Company manufactures cans, pails, and other con-
tainers for petroleum products. The Terminal ships products finished at
the refinery. Approximately 21 percent of the products of the Case and
Package Division and 90 percent of the products of the refinery is shipped
to points outside the State of Texas.
The Company admits that, at its Case and Package Division and Port
Arthur Works and Terminal, it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Office Employees Union No. 22977, affiliated with the American Fed-
eration of Labor; Oil Workers International Union, Local No. 23, affiliated
with the Congress of Industrial Organizations, and United Laboratory
Workers, unaffiliated, are labor organizations admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the AFL, the CIO, or
the United, as the exclusive bargaining representative of certain of its
employees until certification by the Board.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that AFL represents a substantial number of employees in the unit
hereinafter found to be appropriate in Case No. 16-R-1216, and that the
CIO represents a substantial number of employees in the unit hereinafter
found appropriate in Case No. 16-R-1217.-
2Case No. 16-R-1216 The Field Examiner reported that the AFL submitted 14 authorization
cards; that all the names of persons appearing on the cards were listed on the Company ' s pay roll of
February 15, 1945, which contained the names of 20 employees in the alleged appropriate unit, and
that the cards were dated January and February 1945.
Case No 16-R-1217. The Field Examiner reported that the CIO submitted 189 authorization cards,
that the names of 180 persons appearing on the cards were listed on the Company's pay roll of
February 25, 1945, which contained the names of 267 employess in the alleged appropriate -unit, and
that the cards were dated February 1943 through March 1945. The United relies on its contract with
the Company for its showing of interest . This agieement is not raised a bar
THE TEXAS COMPANY '105
We find that questions affecting commerce have 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 UNIT
Case No. 16-R-1216
We find, in substantial accordance with the agreement of the parties, that
all clerical and office employees at the Company's Case and Package Divi-
sion,' excluding department heads, technical employees, confidential em-
ployees,' and all supervisory employees with the 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.
Case No. 16-R-1217
We find, in substantial accordance with the agreement of the parties, that
all hourly paid laboratory employees at the Company's Port Arthur Works
and Terminal,' excluding clerical employees, technical employees,' admin-
istrative employees,' 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 appro-
priate 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 questions concerning representation which have
arisen be resolved by separate elections by secret ballot among the employ-
ees in the appropriate units who were employed during the pay-roll period
immediately preceding the date of the Direction of Elections herein, subject
3 Including the assistant storekeeper ; clerks , timekeepers ; checkers , first class; stenographers,
clerk -machine operator ; pay-roll clerk; stock clerk ; and office girl. -
+ Excluded from the unit as confidential employees pursuant to the agreement of the parties are the
stengorapher -confidential secretary to the plant manager, and assistant plant manager , the stenog-
rapher -confidential secretary to the industrial relations manager; and the file clerk
5 Excluded from the unit as supervisory employees pursuant to the agreement of the patties are the
assistant supervisor ; head general clerk, storekeeper ; cashier; supervisor of stocks and operating
supplies; head timekeeper ; and head cost and budget clerk.
6 including experimental laboratm y operator , first class (special); tester , first class ( special);
experimental laboratory operator, first class, tester, first class, experimental l.dsoratm y operator,
second class ; tester, second class, janitor , laborers; and laboratory helper (special)
4 Excluded from the unit as technical employees pursuant to the agreement of the parties sic
chemists , analytical chemists, and chemical engineer
A Excluded from the unit as administrative employees pursuant to the agreement of the parties are
the assistant to the chief chemist , and the assistant to the assistant to the chief chemist
° Excluded from the unit as supeivisoty employees putsuaut to the agreement of the parties arc
the dnector , assistant dnector, foicmen, and subfinennen
r° The Board has previously found precisely the same unit to be apptopi tale Sec Matico of 711C
Tc.tas Company, 37 N L . R B 932, and 38 N. L. R B 1029
106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to the limitations and additions set forth in the Direction."
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 Relations Board
Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with The Texas Company, Port
Arthur, Texas, separate elections 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, Sections 10 and 11, of
said Rules and Regulations, among the employees in the units found appro-
priate in Section IV, above, who were employed during the pay-roll period
immediately preceding the date of this,Direction, including employees who
(lid not work during the 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 those employees who have since quit or been discharged for
cause and `have not been rehired or reinstated prior to the date of the
elections, to determine :
(1) with respect to the employees in the unit found appropriate in Case
No. 16-R-1216, described in Section IV, supra, whether or not they desire
to be represented by Office Employees International Union, Local No.
22977, AFL, for the purposes of collective bargaining ; and
(2) with respect to the employees in the unit found appropriate in Case
No. 16-R-1217, described in Section IV, supra, whether they desire to be
represented by Oil Workers International Union, Local No. 23, CIO, or
by United Laboratory Workers, for the purposes of collective bargaining,
or by neither. ,
n We hereby grant the requests of the unions to be designated on the ballot in which they are
respectively interested as their names appear in the Direction.