The Texas Co.

National Labor Relations Board - Board Decisions

Jul 16, 1946

69 N.L.R.B. 533 (N.L.R.B. 1946)

In the Matter of THE TEXAS COMPANY and OIL WORKERS INTER-
NATIONAL UNION, CIO LocAL No. 23
Case No.16-R-1675.Decided July 16,1946
Mr. Arnzy B. Steed, of Houston, Tex., and Mr. W. R. Moser, of Port
Arthur, Tex., for the Company.
Messrs. W. S. Povall, J. F. Ford, Homer Coffman, and Cleytus
Wyble, of Port Arthur, Tex., for the CIO.
Messrs. W. S. Hayes, John R. May, A. J. LaSalle, W. N. Higgs,
Vincent Lena, W. R. White, and Cleveland Romero, of Port Arthur,
Tex., for the ULW.
Messrs. V. J. Williams, J. L. Lemaire, Jerry Kent, and C. V. Evans,
of Port Arthur, Tex., for the Office Employees.
Mr. B. M. Ettenson, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by the Oil Workers International Union,
CIO, Local No. 23, herein called the CIO, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of The Texas Company, Port Arthur, Texas, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Joseph C. Wells, Trial
Examiner. The hearing was held at Port Arthur, Texas, on May 16,
1946. The Company, the CIO, the United Laboratory Workers,
herein called the ULW, and the Office Employees International Union,
A. F. of L., Local No. 66, herein called the Office Employees, appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiner's rulings made at
the hearing are free from prejudicial 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 :
69 N. L . R. B., No . 66. 533
534 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
TINDIN(is OF FACT
I. THE BUSINESS OF THE COMPANY
The Texas Company. a Delaware corporation, with its principal
offices in New 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 Port Arthur Works and Ter-
minal located at Port Arthur, Texas. The Port Arthur Works is
engaged in the production and refining of crude oil and its byproducts.
The Terminal ships products finished at the Refinery. Approximately
90 percent of the products of the Refinery is shipped to points outside
the State of Texas.
The Company admits that at its Port Arthur Works and Terminal
it, is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
Oil Workers International Union, Local No. 23, affiliated with the
Congress of Industrial Organizations, is a labor organization admit-
ting to membership employees of the Company.
United Laboratory Workers is a labor organization admitting to
membership employees of the Company.
Office Employees International Union, Local No. 66, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the CIO as the
exclusive bargaining representative of its employees, and the CIO has
accordingly petitioned for an investigation and certification of repre-
sentatives. Nevertheless, we have decided to dismiss the petition for
the following reasons of policy :
On June 25, 1945, following a Board ordered election in which the
CIO was one of the competing unions, the ULW was certified as the
statutory bargaining agent of the employees involved in this proceed-
ing. On March 12, 1946, when the CIO instituted the present pro-
ceeding by filing its petition, less than 9 months had elapsed since the
ULW's certification. The petition was therefore premature, for it is
our view expressed. in many recent cases 1 that, absent extraordinary
circumstances, a certified representative should be secure from chal-
lenge to its status, and unimpeded in its efforts to bargain collectively
1 Matter of Kimberly - Clark Corporation, 61 N. L. R. B. 90 ; Matter of Omaha Packing
Company , 67 N. L . It. B. 304 ; Matter of Con P. Curran Printing Company , 67 N. L. R. B.
1419.
THE TEXAS COMPANY 535
with the enrplovei. for a period of 1 year following its certification.
1'he .March 12 petition this care may well have hampered the negoti-
atioan of a collective hamgainiiio• contract on behalf of the employees
w1ionl the ULAV w,Is still entitled to represent for more than 3 moll tlis.2
We think that the dismissal of that premature petition will effectuate
the policies of the Act.
If it were not for an additional circtunstance, we might be disposed
to direct all election in tills case, there being no contractual or other
ham to a present deternrinatioo of representatives, for the practical
reason that oil y injury to collective bargaining relationships occasioned
by the premature filing of the petition cannot now be effectively rem-
edied. But we do not adopt that alternative because the CIO has
failed to satisfy our administrative requirement that a union seeking
an election must show substantial basis for its claim of representation.
'1'lhe designation cards submitted to our regional agent by the CIO
were all dated before the hearing decision, and election in the earlier
case in which the ULW won the election and was certified in June
19451. Such a stale showing in these circumstances does not warrant
an election at this time. Accordingly, we shall dismiss the petition,
which should not have been entertained by the Regional Officer.
ORDER
Upon the basis of the above findings of fact and the entire record
in the case, the Board hereby orders that the petition for investigation
and certification of representatives of employees of The Texas Com-
pany, Port Arthur, Texas, filed by Oil Workers International Union,
CIO, Local No. 23, be, and it hereby is, dismissed.
2 See Matter of Midwest Piping & Supply Co., Inc., 63 N. L. R. B. 1060; Matter of Phelps
Dodge Copper Products Corporation, Habirshaw Cable and Wire Division, 63 N. L. R. B.
686; Matter of General Electric X-Ray Corporation, 67 N. L. R. B. 997; Matter of Henry
.E Alien, Inc., 68 N. L. R. B. 724.