The Texas Company

National Labor Relations Board - Board Decisions

Dec 27, 1938

10 N.L.R.B. 824 (N.L.R.B. 1938)

In the Matter of THE TEXAS 'COMPANY and AMERICAN RADIO
TELEGRAPHISTS ASSOCIATION
In the Matter of THE TEXAS COMPANY and MARINE ENGINEERS'
BENEFICIAL ASSOCIATION -
In the Matter ofTHE TEXAS COMPANY and TEXACO SMALL FLEET
ASSOCIATION, ' INC.
Cases Nos. R-10ON 5, R-1026, and R-1027, respectively.-Decided
December 27, 1938
Water Transportation Industry-Investigation of Representative3: controversy
concerning. representation of employees : refusal of Company to recognize any
union as exclusive representative of employees until so certified by Board-
Units Appropriate for Collective Bargaining: (1) radio operators of all the
vessels owned and operated by the 'Company under the American flag; (2)
licensed engineers of all the vessels 'owned and operatddlby the Company under
the' American flag; (3) all the harbor - craftsmen and canalmen of non-self-
propelled, oil. barges, and canal boats operated by the Company,in New York
harbor and on the Erie Canal, together with the deck hands employed on the
one motor-propelled barge operated by the. Company in the same places ; no
substantial controversy as to-Elections Ordered
Mr. Will Maslow, for the Board.
Mr. Lionel Marks, of New York City, for the Company.
Mr. E. P. Trainer, of Brooklyn, N. Y., for the M. E. B. A.
Mr. Mervyn R. Rathborne,' of New York City, for the A. R. T. A.
Mr. John F. X.,Landrigan and Mr.-Joseph G. Ochs, of Bayonne,
N. J., for the Association.
'Mr. Fr(mcis V. Paone, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On March 28, 1938, American Radio Telegraphists Association,
herein called the A. R. T. A., filed with the Regional Director for the
Second Region (New York City) a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation
of employees of The Texas Company, New York City, herein called
10 N. L. R. B., No. 72.
824
DEOISIONS AND.ORDERS _ 825
the Company, - and requesting an investigation and certification; of
representatives pursuant to. Section 9,,(c), of the National Labor Rela-
tions Act, 49 Stat. 449, herein called -the,' Act.. On, April 15, 1938,
Marine Engineers' Beneficial Association, herein called the M.:E.
B. A., and on April 28, 1938, Texaco Small Fleet Association, herein
called the Association, each filed a similar petition with the same
Regional Director.
With respect to each petition except that filed by the A. R. T. A.,
the National Labor Relations Board, herein called the Board, on May
27, 1938, acting pursuant to Section 9 (c)° of the Act and Article III,
Section 3, of National Labor Relations Board Rules and Regular
tions-Series 1, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate,
hearing upon due notice. With respect to the petition filed by the
A. R. T. A., the Board, on June 20, 1938, acting pursuant to said
Rules and Regulations, ordered an investigation and authorized the
Regional Director to conduct it and to provide for'an appropriate
hearing upon due notice.
On September 8, 1938, the Regional Director issued notices of'hear-
ing, copies of which were duly served upon the Company, the A. 'R.
T. A., the M. E. B. A., and the Association, and upon ' Coi n rcial
Telegraphers Union, United Licensed Officers Association, Local
1503, I. L. A., United Licensed Officers of the U. S. A., and Associated
Marine Workers, the last four being labor organizations claiming to
represent employees directly affected.by the investigations' On Sep=
tember 13, 1938, the Board acting pursuant-to Article III, Section 10
(c) (2), of said Rules and Regulations, ordered that these cases be
consolidated for the purpose of hearing.
%
Pursuant to the notices, a hearing was held in New York City on
September 22, 1938,'before R. N. Denham, the Trial Examiner duly
designated by the Board. The Board, the Company,,and the Associa-
tion were represented by counsel; the A. R. T. A. and the M. E. B. -A.
were represented by their respective officers; and all parties partici-
pated in the hearing. Full opportunity to be heard, to examine and
cross-examine witnesses , and to introduce evidence bearing on the
issues was afforded all parties. During the course of the hearing the
Trial Examiner made several rulings on motions and on objections
'During the hearing a suggestion was made of the probable ' existence " of a claim by
the Inland Boatmen's Union to, represent certain of the employees in the unit claimed
by, the Association , whereupon counsel for the Board communicated with . counsel for the
Inland Boatmen 's Union Counsel for this union appeared at the hearing and stated
for the record that he had no direct information that the union claimed : to` represent
any, of the employees of the Company . ln the unit claimed by the Association . He fur-
ther announced that he would investigate and report to -the' Board with respect to any
interest that the Inland Boatmen's Union might have in the proceeding . No such repoit
has since been made by any representative of this union.
826 NATIONAL LABOR RELATIONS BOARD
to the admission of evidence. The Board has reviewed the rulings of
the Trial Examiner and finds that no prejudicial error's were com-
mitted. The rulings are hereby affirmed.
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 an operating subsidiary of the Texas Cor-
poration, a corporation organized under the laws of the State of
Delaware. It is engaged in the business of producing, refining, and
marketing petroleum products. The refineries of the Company are
located in the States of Texas, Oklahoma, Louisiana, Kentucky, Illi-
nois, Wyoming, and Colorado.
The Company owns and operates through its marine department
26 vessels, including ocean-going tank vessels and coastal tank vessels,
having a total tonnage of 180,305 gross tons. These vessels are en-
gaged exclusively in the transportation of petroleum and petroleum
products. The majority of their voyages are between United States
ports in the Gulf of Mexico and United States Atlantic Coast
ports. They also transport cargo from the Caribbean Sea loading
ports to nearby island ports and to ports in the United States.
We find that the Company is engaged in trade, traffic, transporta-
tion, and commerce among the several States and between the United
States and foreign countries, and that the men engaged in the opera-
tions of the vessels of the Company are directly engaged in such
trade, traffic, transportation, and commerce.
.II. THE ORGANIZATIONS INVOLVED
- American Radio Telegraphists -Association is a labor organization
affiliated with the Committee for Industrial Organization. It admits
to membership all radio operators on ocean-going vessels sailing
under the American flag.
Marine Engineers Beneficial Association is a labor organization
affiliated with the Committee for Industrial Organization. It admits
to membership all licensed engineers on ocean-going vessels sailing
under the American flag.
Texaco Small Fleet Association is an incorporated labor organiza..
tion not affiliated with any other body. It 'admits to membership
the harbor craftsmen and canalmen employed by the Company on
its 'anal boats and barges operating in New York harbor and the
Erie' Canal:
DECISIONS AND ORDERS 827
III. THE QUESTION CONCERNING REPRESENTATION
During the months of March and April 1938, the A. R. T. A., the
M. E. B. A., and the Association individually requested the Company
to bargain with them as the exclusive representatives of the em-
ployees in the three separate units which the labor organizations are
contending for herein. In each instance the Company refused to bar-
gain, with the organization making the request, until the particular
organization was certified by the Board as the bargaining representa-
tive of the employees within the unit claimed to be appropriate.
We find that questions have arisen concerning representation of
employees of the Company and that such questions tend to lead to
labor disputes burdening and obstructing commerce and the free
flow of commerce.
IV. THE APPROPRIATE UNITS
The A. R. T. A. contends that the radio operators on, board the
Company's ships sailing under the American flag constitute an ap-
propriate unit for the purposes of collective bargaining. The M. E.
B. A. in its petition claims that all the licensed marine engineers
employed by the Company on ships sailing under the American flag
constitute a unit appropriate for the purposes of collective bargain-
ing. The Association contends that the harbor craftsmen and canal-
men of all non-self-propelled barges and canal boats operated by the
Company in New York harbor and on the Erie Canal, together with
the deck hands employed on the one motor-propelled barge operated
by the Company in the same places constitute a unit appropriate
for the purposes of collective bargaining. The above-described claims
of the labor organizations here involved are not conflicting; nor did
the Company question the propriety of these proposed units. We
have previously, held that, these classifications of employees constitute
separate, appropriate units for collective bargaining and we find no
reason for departing from the desires of the parties.2
We find that the radio operators of all the vessels owned and oper-
ated by, the Company under the American flag constitute -a unit
appropriate for the purposes of collective bargaining and that said
unit will insure to employees of the Company the full benefit of their
right to self-organization and collective bargaining and otherwise
effectuate the policies of the Act. We further find that the licensed
engineers of all the vessels owned and operated by the Company
Matter of Standard Oil Company of New Jersey and American Radio Telegraphists
Association, 8 N. L R . B. 901; Matter of Standard Oil Company of New Jersey and
United Licensed Officers of the U. S. A., 8 N. L. R, B . 936; Matter of American Fiance Line
et at and International Seamen's Union of America, 4 N. L. R. B. 112.
828 NATION AL, LABOR ;RELATIONS BOARD
under the American flag constitute a unit appropriate for the pur-
poses of collective bargaining and that said unit ' will insure to
employees of the Company the, .full benefit of their right - to=self-
organization and-collective bargaining and otherwise effectuate the
policies , of, the Act. - We ; further find that the harbor craftsmen and
canalmen of non-self -propelled oil barges, and canal boats operated
by the' Company in New York harbor and on :the Erie Canal , together
with the deck . hands employed on the one motor-propelled barge
operated by the Company in the same places constitute a unit appro-
priate for the purposes of collective bargaining and that said unit
will insure to employees of the - Company the full benefit of their
right to self-organization and collective bargaining and otherwise
effectuate the policies of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Company employs 27 radio operators, 108 licensed engineers,
and 35 harbor craftsmen andeanalmen. The A. R. T.' A. intro-
duced in evidence 10 signed authorizations designating the A. R. T. A.
as the collective bargaining ' representative for the signers. The
genuineness of the signatures, was not checked at the hearing,
iior were the names on the authorization cards compared with those
on the pay-roll records of the Company. During the hearing the
A. R. T. A. asked that an election be held to determine the bargain-
ing representative of employees in the unit.
The M. E. B. A. introduced in evidence a list of its purported mem-
bers, containing the names of 28 licensed engineers . The M . E. B. A.
also asked- that an election be held to ' determine the bargaining
representative of employees in the unit. -
=' At the hearing the Association claimed to represent a majority
of the harbor craftsmen and canalmen ' but introduced no documen-
tary evidence in support of its claim . The president of the Asso-
ciatioli' testified , however; that 33 of the 35 men employed by the
Company as harbor craftsmen and canalmen are'- members of the
Association . During the heating, counsel for the Association
requested that an election be held to determine the bargaining rep-
resentative ' of employees in the unit. -
'Under the' circumstances we find that the questions which have
'arisen` conce`iiing ,the fepresentation of employees can best be resolved
by tlie'holdinb of ^e'lections by secret ballot,
All'the parties present .at 'tlie lie2riiig 'ag'r`eed that 'the `date of`'the
Direction of Elections be the dateupon which .eligibility , to vote, shall
be based. .The date suggested, by- the parties - is a reasonable one
and'we shall adopt' it for'rtliepuroses of determining 'eligibility"of
employees to participate in the elections . We will accordingly direct
DECISIONS AND ORDERS 829
that those •eligible to vote 'iii each "election " vvill be radio= operators,
licensed en"gii eers; and `harbor craftsmen and'canalmen; respectively;
who are employed. in such'capacity-:on the 'date of the. Direction-of
Elections.a 1 f`.
Upon the basis of the above findings of fact and upon the-entire
record in, the case, the -Board makes the 'following :, - - , .
„ , . , CoNCLusIoNS: OF LAW,
1. Questions affecting commerce have arisen concerning the i epre-
sentation of employees of the Company, within the meaning o'f Sec
tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations•
,Act.'
2. The radio operators of,all seagoing vessels operated by the.Com-
pany, under the American flag constitute.,a unit appropriate for the
purposes of collective bargaining, within the meaning of Section
9 (b) .of the National Labor Relations At. t
3. The licensed,' engineers of all seagoing vessels operated by the
Company under the.American flag , constitute a, unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9'(b) of the National Labor Relations Act.
4. The harbor craftsmen and 'cana'lmen of all non-self-propelled
oil barges and canal boats operated by ,the ,Coinpany in' New York
harbor alid 'on the Erie Canal, together with the deck hands employed
on the one motor-propelled barge operated by the Company in the
same places constitute a unit appropriate for' the purposes of collec-
tive bargaining, within the meaning, of Section 9 (b) of the, National
Labor Relations, Act. .
DIRECTION `OF 'ELECTIONS
i „• x „^
By virtue of and pursuant 'to the' power:.vested in' the National
Labor- Relations Board, by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The Texas Company, New York City, elections by secret ballot
shall be conducted as soon as convenient and beginning as promptly
8 No evidence is contained in the record as to the employees in the "relieving staff,"
"standby," "leave of absence," and "vacation" categories. In cases involving these
categories of employees in the shipping industry we have heretofore held that they were
considered regular employees of the Company and should be included in the appropriate
unit. See Matter of Standard Oil Company of New Jersey and United Licensed Officers
of the U. S. A. et at, 8 N. L. R. B. 936; Matter of Tide Water Associated Oil Company
and United Officers of the U. S. A. et at, 9 N. L . R. B. 823.
830 NATIONAL LABOR RELATIONS BOARD
as is practicable after the date of this Direction of Elections, under
the direction and supervision of the Regional Director for the Second
Region, acting in the matter as agent of the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and
Regulations:,
1. Among the radio operators of all the vessels owned and oper-
ated under the American flag by The Texas Company, New York
City, employed in such capacity by said Company on the date of
this Direction of Elections, excluding those who resign or are dis-
charged for cause between the date of this Direction and the date
on which the.election is held, to determine whether or not they desire
to be represented by American Radio Telegraphists Association, for
the purposes of collective bargaining; and
2. Among the licensed engineers of all the vessels owned and oper-
ated under the American flag by The Texas Company, New York
City, employed in such capacity "by said Company on the .date' of
this Direction of Elections, excluding' those who resign or are dis-
charged for cause between the date of this Direction and the date on
which the election is'lield, to determine whether or ' not'they'desire to
be represented by Marine Engineers Beneficial ',Association, for the,
purposes of collective bargaining; and
3. Among the harbor, craftsmen and canalmen of all non-self-pro-
pelled oil barges and canal boats operated by the Company in New
York harbor and on the Erie Canal, together' with the deck hands
employed on the one motor-propelled barge operated by the Company
in the same places employed in such capacity by said Company, on
the date of this Direction of Elections, excluding those who resign
or are discharged for cause between the date of this Direction and' the
date on which the election, is held, to determine whether or not they
desire to be represented `by Texaco Small Fleet 'Association, for the
purr
1 ,