The Texas Co.

National Labor Relations Board - Board Decisions

May 31, 1949

83 N.L.R.B. 1002 (N.L.R.B. 1949)

In the Matter of THE TEXAS COMPANY, SALEM GASOLINE PLANT,
SALEM, ILLINOIS, EMPLOYER and HAROLD A. EVANS, PETITIONER, and
INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL, UNION
Case No. 14-RD-23.---Decided May 31,1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition for decertification duly filed, a hearing was held
before Zeigel W. Neff, a hearing officer of the National Labor Relations
Board. The hearing officer's rulings are free from prejudicial error
and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the National Labor Relations Board has delegated its
powers in connection with this case to a three-member panel [Chair-
man Herzog and Members Houston and Gray].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner asserts that the Union is no longer the representa-
tive of certain employees of the Employer, as defined in Section 9 (a)
of the amended Act. The Union is the certified and currently recog-
nized bargaining representative of those employees.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for purposes of collective bargaining within the meaning
of Section 9 (b) of the Act :
All employees of the Employer's Salem, Illinois, Gasoline `Plant,
excluding all office and clerical employees, warehousemen, operators,
head roustabouts, the chief chemist and the assistant chemists, the
head mechanic repairman, the superintendent, all foremen and assist-
ant foremen, and all other supervisors as defined in the Act.
83 N. L. R. B., No. 141.
1002
THE TEXAS COMPANY
DIRECTION OF ELECTION
1003
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with The Texas Company, Salem Gaso-
line Plant, Salem, Illinois, an election by secret ballot shall be con-
ducted as early as possible, but not later than 30 days from the date
of this Direction, under the direction and supervision of the Regional
Director for the Fourteenth Region, and subject to Sections 203.61
and 203.62 of National Labor Relations Board Rules and Regulations-
Series 5, as amended, among the employees in the unit found appropri-
ate in paragraph numbered 4, above, who were employed during the
pay-roll period immediately preceding the date of this Direction of
Election, including employees who did not work during said pay-roll
period because, they were ill or on vacation or temporarily laid off,
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 election, and also excluding employees on strike who are not en-
titled to reinstatement, to determine whether or not they desire to be
represented, for purposes of collective bargaining, by International
Union of Operating Engineers, A. F. L.
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