Tide Water Associated Oil Co.

National Labor Relations Board - Board Decisions

Jan 31, 1942

38 N.L.R.B. 889 (N.L.R.B. 1942)

In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and MARINE
DIVISION , COMMERCIAL TELEGRAPHERS UNION, A. F. OF L. ,
Case No. R-3386.-Decided January 31,,1942
Jurisdiction : petroleum , production , refining, and marketing industry.
Investigation and Certification of Representatives :' existence , of question: •re-
fusal to accord union recognition until certified by the Board : election necessary.
Unit Appropriate for Collective Bargaining : all radio operators on the Com-,
pany's • vessels operated by the Marine Department of, its Eastern Division,
New York City. ,
Mr. Mathew F. McCue, of New York'City, for the Company.
Ornstein'& Silverman, by Mr. Henry'H. Silverman, of New York
City,'and Mr:-Fred M. Howe, of New York City; for the C. T. U. '
Boudin, Cohn ct; Gliclcstein,.by Mr. Irving Robert Feinberg, of New
York City, and Mr. Wayne P. Paschal, of New York City, for the
A. C. A.
Mr. Thomas B. Sweeney, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION ,
STATEMENT OF THE CASE
On July 1, 1941, Marine Division, Commercial Telegraphers" Union,
A. F. of L., herein called the C. T. U., filed with the Regional Director
for the Second Region (New York City) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of the Tide Water Associated Oil' Company, Eastern
Division, New York City, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Section
9 (c) of , the'National Labor RelationsAct, 49 Stat. 449, herein called
the Act. On, October 11, 1941, the: National, Labor Relations Board,
herein called the Board, acting pursuant,to Section 9 (c) of the Act
and Article III, Section,3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to, provide for an
appropriate hearing upon due notice.
On October 16, 1941,' the' Regional' Director' issued a"notice of hear-
ing, and on November 5, 19, and 28, 1941, notices of postponement .of
•38 N. L. R. B., No . . 156..
890 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hearing, copies of all of which were duly served upon the Company,
the C. T. U., and the Marine Department, American Communications
Association, affiliated with the Congress of Industrial Organizations,
herein called the A. C. A., a labor organization claiming to represent
employees directly affected by the investigation. Pursuant to notice,
a hearing was held on December 10, 1941, at New York City, before
Drexel A. Sprecher, the Trial Examiner duly designated by the Chief
Trial Examiner. The Company, the C. T. U., and the A. C. A. were
represented and participated 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 to the admission of evidence. The Board
has reviewed the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is a Delaware corporation, engaged in the production,
refining, marketing, and transportation of petroleum and petroleum
products. Through the Marine Department of its Eastern Division
(New York City), the Company operates a fleet of vessels for the
purpose of transporting its products from the States of Texas and
Louisiana to ports in New Jersey, Massachusetts, and Maine. The
Company admits that it is engaged in commerce within the meaning
of the Act.
We find that the Company is engaged in trade, traffic, transporta-
tion, and commerce among the several States, and that its employees
on the Company's vessels are directly engaged in such trade, traffic,
transportation, and commerce.
H. THE ORGANIZATIONS INVOLVED
Marine Division, Commercial Telegraphers Union, is a labor organ-
ization affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
Marine Department, American Communications Association, is
a labor organization affiliated with the Congress of Industrial Organ-
izations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the C. T. U. as the exclusive rep-
resentative of the employees in the unit hereinafter found to be
TIDE WATER ASSOCIATED OIL COMPANY 891
appropriate unless and until it is certified as such representative by
the Board.
The A. C. A. contends that a collective ' bargaining agreement it
entered into with the Company on December 1, 1938,1 as automatically
renewed under its terms, constitutes a bar to a present determination
of representatives. This agreement, in so far as material, provides
that it "shall continue until April 1, 1940, and thereafter this agree-
ment shall continue from year to year unless written notice to ter-
minate or modify the agreement is filed by either party thirty days
prior to the expiration date of any one year."
The Company maintains that by notice dated February 28, 1940,
it terminated the afore-mentioned agreement at its expiration date
in accordance with its terms. The Company claimed that the notice
of termination, a copy of which was received in evidence at the hear-
ing, was addressed and mailed to American Radio Telegraphists
Association, Local No. 2, attention Mr. Fred M. Howe, Secretary,
at its office, 10 Bridge Street, New York City. The Company con-
tends that it did not meet with the A. C. A. or observe any of the
requirements of the agreement after such notice of termination. The
A. C. A. denies that it ever received notice of termination and argues
that the agreement was automatically renewed for a 1-year.term
in 1940 and again in 1941, and will remain in force until April 2,
1942. The A. C. A. maintains that it had several telephone con-
versations with a representative of the Company after February
18, 1940. It admits, however, that it had not met or otherwise com-
municated with the Company. We are of the opinion that the
contract should not constitute a bar to a determination of
representatives.
It appears from a statement of the Regional Director that the
C. T. U. and the A. C. A. each represent a substantial number of
employees in the unit hereinafter found to be appropriate.'
We find that a question has arisen concerning the representatives
of employees of the Company, and that such question tends to lead
to labor disputes burdening and obstructing commerce and the free
flow of commerce.
' This contract , a copy of which was introduced into evidence at the hearing, was
executed by and between the Company and American Radio Telegraphists Association,
Local No. 2 . The record , however, reveals that the American Radio Telegraphists Asso-
ciation, Local No. 2, changed its name by a vote of its membership in 1939 to the A. C. A.
I The Regional Director in a statement prepared by him and introduced in evidence at
the hearing states that the C. T. U. submitted dues payment records and authorization
cards bearing apparently genuine signatures of 12 of the employees in the alleged appro-
priate unit , which consists of 13 employees . Nine of the apparently genuine signatures
are of employees whose names appear on the Company 's pay roll of August 1,_1941.- He
also reported that A. C. A. submitted 16 authorization cards, 5 of which contain apparently
genuine original signatures of employees whose , names appear on the Company 's pay roll
of August 1, 1941.
892 DECISIONS OF NATIONAL ' LABOR RELATIONS' BOARD
IV. THE APPROPRIATE UNIT
The Company, .the C. T. U., and the A. C. A. have agreed and, we
find that all radio,. operators employed on the Company' s vessels
operated by the Marine Department of its Eastern Division, New
York City, constitute a unit appropriate for the purposes of col-
lective bargaining. We further find that said unit will insure to
the employees of, the Company the full benefit of their right to
self-organization and, to collective bargaining and otherwise will
effectuate the policies of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representa-
tion can best be resolved by means of an election by secret ballot.
The Company and the C. T. U. agree that all radio operators em-
ployed on the vessels at the time the notice of election is posted shall
be, eligible to vote. The A. C. A. contends that eligibility should be
based on the pay rolls 3' of the Company at the date of the hearing.
In accordance with. our usual practice, we shall direct that those
eligible to vote in the election shall be the employees in the' appro-
priate unit who were employed by the Company during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the additions and limitations set forth in the
Direction.
We shall direct that the election be held as promptly as is prac-
ticable after the date of this Direction under the direction and super-
vision of, the Regional Director for the Second, Region, who shall
determine in her discretion the exact time, place, and procedure, for
posting notices of election and for balloting on the vessel, provided,
however, that each vessel be posted with a notice of election, a sample
ballot, a list of employees eligible to vote, and a notice of time and
place when balloting will be conducted, at least 48 hours in advance
,of said balloting. •
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. A' question affecting commerce has arisen concerning the rep-
resentation of employees of the Tide Water Associated' Oil Com-
pany, Eastern Division , New York City, within the meaning of Sec-
tion 9 ( c) and Section 2 (6) and (7) of the Act.
8 The Company explained at the hearing that it had no general pay roll for all its
employees, but that there were "separate ' ship's pay rolls "
TIDE WATER ASSOCIATED OIL COMPANY 893
2. All radio operators employed on the Company's vessels operated
by the Marine Department of its Eastern Division , New York City,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the National Labor Relations
Act. . .
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 Rela-
tions Act, 49 Stat. 449,, and 'pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DumcrED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with the Company, an election by secret ballot shall be conducted as
soon as convenient, and beginning as promptly as is practicable after
the date of this Direction, in conformity with the rules set forth, in
Section V abovefor the conduct of such election, under the direction
and supervision of the Regional Director for the Second Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section '9, of said Rules and Regulations,
among all radio operators employed on vessels operated by the Marine,
Department of the Eastern Division of the Company, 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 in the active mili-
tary service or training of the United States, or temporarily laid off,
but excluding those who have since quit 'or been discharged for cause,
to determine whether they desire to be represented by Marine Division,
Commercial Telegraphers Union, A. F. of L., by Marine' Division,
American Communications Association, C. I. O. for the ,purposes of
collective bargaining or by neither.