The Texas Co.

National Labor Relations Board - Board Decisions

Oct 31, 1945

64 N.L.R.B. 625 (N.L.R.B. 1945)

In the Matter of THE TEXAS COMPANY and OIL WORKERS INTERNA-
TIONAL UNION, LOCAL 128, CIO
Case No. 21-B-2923.-Decided October 31, 1945
Mr. J. A. McNair, of Los Angeles, Calif., and Mr. J. A. Graye, of
Wilmington, Calif., for the Company.
Mr. J. Elro Brown, of Torrance, Calif., and Mr. C. E. Frederick,
of Long Beach, Calif., for the Union.
Mr. Angelo J. Fiumara, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Oil Workers International Union,
Local 128, CIO, herein called the Union, alleging that a question af-
fecting commerce had arisen concerning the representation of em-
ployees of The Texas Company, Wilmington, California, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Charles M. Ryan, Trial
Examiner.. The hearing was held at Los Angeles, California, on July
2 and 3, 1945. The Company and the Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
mg on the issues. At the hearing, the Union moved to amend its
petition to include certain employees working in the Pipe Line Offices,'
while the Company moved for the exclusion of these employees. Rul-
ing on the motions was reserved for the Board. For reasons appear-
ing hereinafter, the Union's motion is denied and that of the Company
is granted. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby 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:
1 The Union indicated the purpose of its motion to be that of meeting any objection
to the inclusion of these employees should the petition be construed as not specifically
encompassing them.
64 N. L. R. B., No. 106.
6711417-46-voi 64-41 625
626 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Texas Company, a Delaware corporation with its principal of-
fice located in New York City, is engaged in the production, manu-
facture, and distribution of petroleum products. The Company op-
erates in each of the 48 States and maintains administrative offices for
the 8 west coast States in Los Angeles, California. We are here con-
cerned solely with its operations at its Los Angeles Works and Pipe
Line Offices at Wilmington, California, which fall within the area
covered by the Los Angeles office. During the year 1944, the Com-
pany purchased through the Los Angeles office raw materials and pe-
troleum equipment valued in excess of $12,000,000, of which approxi-
mately 30 percent came from points outside the State of California.
During the same period, the Company's sales amounted to about
$59,000,000, approximately 51 percent of which represented shipments
to places outside the State.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Oil Workers International Union, Local 128, affiliated with the
Congress of Industrial Organizations, is a labor organization ad-
mitting to membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
In May 1945, the Union requested recognition of the Company as
the exclusive bargaining representative of certain of its employees.
The Company refused such recognition, asserting that the unit sought
by the Union was inappropriate. The Union, therefore, filed' the
instant petition.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
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.
2 The Field Examiner reported that the Union submitted 47 application-for-membership
cards , that the names of 44 persons appearing on these cards were listed on the Company's
pay roll of June 1, 1945, which contained the names of 81 employees in the appropriate
unit ; and that, of the 47 cards, 7 were dated in May 1945, and 40 were undated.
THE TEXAS COMPANY
IV. THE APPROPRIATE UNIT
627
The Union seeks a unit composed of all office and clerical employees
at the Company's Los Angeles Works and Pipe Line Offices, exclusive
of supervisory employees. The Company contends that the scope of
the unit should be confined to the Los Angeles Works; it also urges
that the exclusions from the unit should be much broader than those
desired by the Union.3
The office and clerical employees in the Pipe Line Offices
The Company's Los Angeles Works includes six buildings, viz, Gate
House, Analytical and Testing Laboratory, Main Office Building,
Process Engineering Building, Warehouse Offices, and Engineering
Building, all of which are located in close proximity to one another on
a tract of land in Wilmington, California. About 68 feet from the
Main Office Building is the Pipe Line Offices building. Under the
Company's organizational structure, the Pipe Line Offices forms part
of the Company's Pipe Line Division, Pacific Coast, which includes all
the Company's pipe-line operations in California. The only other
office for the Pipe Line Division is the Managerial Office in Los
Angeles.
As stated above, the Union would include the office and clerical
employees of the Pipe Line Offices in the same unit with those of the
Los Angeles Works, while the Company would exclude them. The
office and clerical employees in the Pipe Line Offices keep records
as to the receipt and storage of crude oil, natural gas, and dry 'gas
coming to the Company's refinery from its wells and leases; the
work of the office and clerical employees at the Los Angeles Works,
on the other hand, involves financial accounting. The office and cler-
ical employees in each group are listed on separate pay rolls 4 and,
although subject to the same general supervision of the chief clerk,
are under the separate immediate supervision of their respective su-
perintendents. Employee interchange between the Los Angeles
Works and the Pipe Line Offices has been insubstantial in the past.
The record discloses that there have been some transfers on a loan
basis, and that between 1933 and the time of the hearing, two em-
ployees were permanently transferred from the Los Angeles Works
to the Pipe Line Offices and one was transferred from the Pipe Line
'The Union and the Company agree to the exclusion of: chief clerk , assistant chief
clerk , clerk of costs and budgets , secretary to the Los Angeles works superintendent,
secretary to the industrial relations supervisor , and plant nurse.
s Some of the clericals of the Pipe Line Offices were once physically located in the
Main Office Building; they were, however , listed on the pay roll of the Pipe Line Offices.
628 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Offices to the Los Angeles Works. In addition , the record shows that
the Company and the Union , in bargaining with respect to other
categories of employees at the operations here involved, have recog-
nized the separability of the Pipe Line Division , PaciAe Coast, and
the Los Angeles Works. Thus , on May 16, 1943, the parties herein
executed two agreements covering certain employees , other than office
and clerical employees , one relating to employees of the Los Angeles
Works and the Terminal , a boat loading station , and the other cover-
ing employees in the Pipe Line Division , Pacific Coast.
Under all the circumstances, including the absence of any sub-
stantial interchange between the employees in the Los Angeles
Works and those in the Pipe Line Offices, the separate pay rolls, and
the different immediate supervision , we are of the opinion that, in
conformity with the main divisions of the Company 's organization,
a unit consisting of only the office and clerical employees at the Los
Angeles Works is appropriate . Accordingly, we shall exclude the
office and clerical employees of the Pipe Line Offices from the unit.
Employees whose exclusion is requested by the Company on the
ground that they are supervisory
Head general clerk: This employee ranks next in supervisory au-
thority to the chief clerk and assistant chief clerk and, in their
absence, oversees the entire office and clerical staff in the Main Office
of the Los Angeles Works. He has authority effectively to recom-
mend disciplinary action, discharge , or merit increases with respect
to employees within his jurisdiction. '
Head clerks : There are five head clerks,5 each having authority over
several employees and the responsibility for laying out, planning, and
assigning work to them . They can effectively recommend discipli-
nary action , discharge , merit increases, transfers , or promotions of
employees under their supervision.
Storekeeper: The prime duty of this employee is adequately to
maintain materials and supplies regularly used in the maintenance of
the refinery . He possesses authority to recommend , and in the past
has effectively recommended , merit increases and promotions for
employees under him.
Head stenographer: This individual has charge over eight employ-
ees. All work which is ready for typing is received by her and then
distributed to the various typists under her supervision . She can
effectively recommend merit increases and promotions with respect
to these employees.
5 These include a head pay-roll clerk, head tabulating clerk, head stock clerk, head
shipping clerk , and head cost clerk.
THE TEXAS COMPANY 629
Under all the circumstances, we find that the head general clerk,
head clerks, storekeeper, and head stenographer are supervisory em-
ployees within the meaning of our customary definition. We shall,
therefore, exclude them from the unit.
Employees whose exclusion is requested by the Company on the ground
that they are confidential
Secretary to chief clerk and the steno-clerk to chief clerk: The sec-
retary to the chief clerk works in the office of the chief clerk. She
maintains, keeps, and has access to personal record folders s and
types letters dictated to her by the chief clerk relating to labor relations
matters. The steno-clerk is also stationed in the chief clerk's office and,
like the secretary to the chief clerk, has access to and works on the same
personal record folders.
Steno-clerk to employment supervisor and steno-personnel to em-
ployment supervisor: Both these employees have access to and do work
on personal record folders 7 which contain labor relations data relating
to the hourly paid production and maintenance employees.
Inasmuch as the secretary to chief clerk, the steno-clerk to chief
clerk, the steno-clerk to employment supervisor, and the steno-person-
nel to employment supervisor, in the normal course of, their duties,
are in a position to obtain advance knowledge of the Company's posi-
tion concerning confidential matters relating to labor relations, we
shall exclude them from the unit as confidential employees."
Employee whose exclusion is requested by the Company on the ground
that he is "highly skilled"
Production clerk: This employee has had some technical training in
night classes. His chief duties are to follow refinery operations to
ascertain the yields or the quantity of oil processed, and to prepare
for submission to the Petroleum Administrator for War forecasts
of 100-octane gasoline production on a monthly basis for 3-month pe-
riods. In the course of his work, he confers with process engineers at
the refinery and attends meetings of supervisory personnel. His duties
appear to consist largely of accumulating data concerning the Com-
e Contained in the various documents in the record folders is complete information of
the employee's past history in regard to his ability, honesty, and integrity, his progress
with the Company, reference letters from other concerns covering the employee's past
employment, recommendations for promotions, wailing letters, reports as to disciplinary
action taken, reasons for discharge, and letters of recommendation for retirement on
account of disability.
'The material contained in these folders is similar to that contained in the folders in
the chief clerk 's office.
8 See Matter of Electric Auto Lite Company, 57 N L. R B 723; Matter of General Cable
Corporation, 55 N. L. R. B 1143.
630 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany's production and of making reports thereon. Although his work
requires some specialized knowledge, we are satisfied that it is pri-
marily clerical in nature. Accordingly, we shall include the produc-
tion clerk in the unit.
We find that all office and clerical employees at the Company's Los
Angeles Works, including the production clerk, but excluding office
and clerical employees in the Pipe Line Offices, the clerk of costs and
budgets, the secretary to the Los Angeles Works superintendent, the
secretary to the industrial relations supervisor, the plant nurse, the
secretary to chief clerk, the steno-clerk to chief clerk, the steno-clerk to
employment supervisor, the steno-personnel to employment supervisor,
the head general clerk, the chief clerk, the assistant chief clerk, head
clerks, the storekeeper, the head stenographer, and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recom-
mend 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 3, 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, Los Angeles Works, Wilmington, California, 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 Twenty-first 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 Reg-
ulations, among the employees in the unit found appropriate in Section
IV, above, who were employed 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 Ul or on vacation
THE TEXAS COMPANY 631
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 and
have not been rehired or reinstated prior to the date of the election, to
determine whether or not they desire to be represented by Oil Workers
International Union, Local 128, affiliated with the Congress of Indus-
trial Organizations, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.