Tide Water Associated Oil Co.

National Labor Relations Board - Board Decisions

Jan 27, 1942

38 N.L.R.B. 582 (N.L.R.B. 1942)

In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and Associ-
ATED LICENSED OFFICERS ASSN
In the Matter of TIDE) WATER ASSOCIATED OIL COMPANY and SEA-
FARERS INTERNATIONAL UNION OF NORTH AMERICA-PACIFIC DISTRICT,
ENGINE DEPARTMENT
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and SEA-
FARERS INTERNATIONAL UNION OF NORTH AMERICA-PACIFIC DISTRICT,
STEWARDS' DEPARTMENT
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and SAILORS'
UNION OF THE PACIFIC
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and NA-
TIONAL MARINE ENGINEERS' BENEFICIAL ASSOCIATION
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and NATIONAL
MARITIME UNION OF AMERICA
Cases Nos. R-3313 to R-3318, inclusive .Decided January 27, 1942
Jurisdiction : petroleum producing, refining, and marketing industry.
Investigation and Certification of Representatives : existence of question: dis-
pute as to appropriate unit ; refusal to accord union recognition until certi-
fied by the Board; no question concerning representation found to exist re-
garding unlicensed employees in the deck department of the Company's ocean-
going tankers, which Board previously found to be an appropriate unit, where
union who claims as appropriate a unit composed of deck, engine, and stewards'
departments, makes no showing, that it represents a substantial number of
employees in the previously determined unit ; election necessary.
Unit Appropriate for Collective Bargaining : separate units comprising: (1)
licensed deck officers on the Company's oceangoing tankers, including masters
and mates; (2) licensed engineers on the Company's oceangoing tankers; (3)
licensed radio operators on the Company's oceangoing tankers ; (4) licensed
engineers on the Company's bay vessels at San Francisco, California- single
or separate units comprising: (1) unlicensed employees in the engine depart-
ments on the Company's oceangoing tankers; (2) unlicensed employees in the
stewards' departments on the Company's oceangoing tankers; results of elec-
tions to determine; single or separate units comprising: (1) unlicensed em-
ployees in the deck departments on the Company's bay vessels at San Francisco,
California ; results of elections to determine.
Employees on the bay vessels of the Company and those on its oceango-
ing tankers not included in the same units where the Company has always
bargained separately with employees in the two groups, and in view of the
fact that there is a marked difference in the working and living conditions
and the skills required of employees on the two types of vessels.
38 N. L. R. B., No. 120.
582
TIDE WATER ASSOCIATED OIL COMPANY 583
Licensed deck , engine, and radio officers not combined in the same units
where they have each been represented in separate units , among steamship
companies generally , and in view of the fact that each group has different
qualifications , duties, and responsibilities.
Masters included in a unit of all licensed deck officers, notwithstanding
the contention of one of the unions involved that they are representatives of
the owner , where the unit is composed entirely of supervisory employees
with comparable skills, qualifications , duties, authority and responsibilities.
Mr. John Paul Jennings , for the Board.
Mr. W. F. Kiessig and Mr. Daniel W. Hone, of San Francisco,
Calif., for the Company.
Mr. F. W. Rosvally , of Oakland , Calif., for the A. L. O. A.
Mr. I. B. Padway and Mr . Harry Lundberg , of San Francisco,
Calif. , and Mr. Joseph A. Padway and Mr. Robert A. Wilson, of
Washington , D. C., for the S. I. U. and S. U. P.
Mr. Roland C. Davis and Mr. Daniel Feins, of San Francisco , Calif.,
for the M. E. B. A.
Mr. Benjamin Dreyfus, of San Francisco , Calif., and Mr. William
L. Standard and Mr. Edward J. Malament , of New York City , for the
N. M. U.
Mr. Benjamin Dreyfus, of San Francisco , Calif., for the I. B. U.
Mr. I. B . Padway, of San Francisco , Calif., Messrs. Joseph A. Pad-
way and Robert A. Wilson, of Washington , D. C., and Mr. H. Martin,
of New York City , for the M. M. P.
Mr. I. B. Padway, of San Francisco , Calif., Messrs . Joseph A. Pad-
way and Robert A. Wilson, of Washington , D. C., and Mr. Henry
Silverman , of New York City, for the C. T. U.
Mr. Edward Q. Croft and Mr. George F. B. King, of San Francisco,
Calif. , for the A. C. A.
Mr. Joseph A. Wickes, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On May 28 and October 7, 1941, respectively, Associated Licensed
Officers Ass'n' unaffiliated, herein called the A. L. O. A., filed with
the Regional Director for the Twentieth Region (San Francisco,
California) a petition and an amended petition alleging that a ques-
tion affecting commerce had arisen concerning the representation
of employees of Tide Water Associated Oil Company, San Francisco,
California, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
584 DE CT,&ONIS OF NATIONAL LABOR RELATIONS BOARD
Act. On July 14, 1941, Seafarers International Union of North
America-Pacific District, Engine Department, affiliated with the
American Federation of Labor, herein called the S. I. U. Engine De-
partment, Seafarers International Union of North America-Pacific
District, Stewards' Department, affiliated with the American Federa-
tion of Labor, herein called the S. I. U. Stewards' Department, and
Sailors' Union of the Pacific, affiliated with the Seafarers International
Union of North America, herein called the S. U. P., filed similar peti-
tions with the Regional Director. On October 30, 1941, National
Maritime Union of America, affiliated with the Congress of Industrial
Organizations, herein called the N. M. U., and on November 3, 1941,
National Marine Engineers' Beneficial Association, affiliated with the
Congress of Industrial Organizations, herein called the M. E. B. A.,
filed similar petitions with the Regional Director. On September 30,
October 21, and November 4, 19411 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 investigations and
authorized the Regional Director to conduct them and to provide for
appropriate hearings upon due notice, and, acting pursuant to Article
II, Section 36 (b), and Article III, Section 10 (c) (2), of the said Rules
and Regulations, ordered that the six cases and four other cases be
consolidated .1
On October 25 and November 4, 1941, the Regional Director issued
notices of a consolidated hearing in these cases, copies of which were
duly served upon the Company, the A. L. O. A., the S. I. U. Engine
Department, the S. I. U. Stewards' Department, the S. U. P., the
M. E. B. A., and the N. M. U. Copies were also served upon Inland
Boatmen's Union of the Pacific, San Francisco Division, affiliated
with the Congress of Industrial Organizations, herein called the
I. B. U., National Organization Masters, Mates and Pilots of America,
West Coast Local 90, affiliated with the American Federation of Labor,
herein called the M. M. P., Marine Division, Commercial Telegra-
phers Union, affiliated with the American Federation of Labor, herein
called the C. T. U., and American Communications Association, Ma-
rine Division, affiliated with the Congress of Industrial Organiza-
tions, herein called the A. C. A., all of which are labor organizations
1 The four cases which were consolidated with the cases described above are : Matter of
Tide Water Associated Oil Company and National Maritime Union of America, Case No
XX-C-1033; Matter of Tide Water Associated Oil Company (Associated Division) and Na-
tional Organization Masters , Mates and Pilots of America , West Coast Local 90, Case
No. XX-C-1034 ; Matter of Tide Water Associated Oil Company and Inland Boatmen's
union of the Pacific, San Francisco Division, Case No XX-C-1035, and Matter of Tide
Water Associated Oil Company and Marine Engineers' Beneficial Association, Pacific Coa.+t
Division, Case No. XX-C-1036. All these cases had been Instituted by charges filed with
the Regional Director for the Twentieth Region prior to the dates of the orders of con-
solidation . A stipulation for the settlement of these four cases was subsequently entered
into, as hereinafter more fully appears
TIDE WATER ASSOCIATED OIL COMPANY 585
claiming to represent employees directly affected by the investigations.
Pursuant to notice, a hearing was held in the consolidated cases on
November 6, 7, 10, 12, 13, 17, 18, 19, and 21, 1941, at San Francisco,
California, before C. W. Whittemore, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. The Company, the A. L. O. A.,
the S. I. U. Engine Department, the S. I. U. Stewards' Department,
the S. U. P., the M. E. B. A., the N. M. U., the I. B. U., the M. M. P.,
the C. T. U., and the A. C. A. were represented by counsel or duly
authorized representatives, and participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing upon the issue 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.
On December 8, 1941, briefs were filed by the Company and the
A. L. O. A., and on December 15, 1941, briefs were filed by the N. M. U.,
the I. B. U., and the M. E. B. A., and a joint brief was filed by the
S. I. U., the S. U. P., the M. M. P., and the C. T. U., all of which the
Board has duly considered. Pursuant to notice, a hearing for the
purpose of oral argument was held before the Board on December
18,1941, at Washington, D. C. The S. I. U., the S. U. P., the M. M. P.,
the C. T. U., and the N. M. U. were represented and presented argument.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Tide Water Associated Oil Company is a Delaware corporation,
authorized to do and doing business in California, with an office and
place of business in San Francisco, California. The Company is en-
gaged in producing, refining, transporting, and marketing petroleum
and petroleum products, and conducts its business through three divi-
sions: (1) The Tide Water or Eastern Division, operating in the
Eastern section of the United States; (2) the Mid-Continent Division,
operating in the Middle and Gulf sections of the United States; and
(3) the Associated or Western Division, operating in the Western sec-
tion of the United States, including the Pacific Coast and the State
of California. The division of the Company which is involved in
this proceeding is theoAssociated or Western Division, and the ships
which are involved are the oceangoing tankers of the Company which
operate out of Pacific Coast ports and its bay vessels which operate
in San Francisco Bay.
The oceangoing tankers are used for the transportation of petro-
leum and petroleum products from the State of California to ports
586 DEICISTONS OF NATIONAL LABOR RELATIONS BOARD
and places in the States of Oregon and Washington, to the Hawaiian
Islands, the Philippine Islands, and foreign ports. The Company
maintains distribution facilities in the ports of San Pedro, California,
San Francisco, California, Seattle, Washington, Portland, Oregon,
and various other ports, and maintains sales agencies and consignment
distributors in various cities in the States of California, Oregon, and
Washington, and consignment distributors in the State of Arizona.
During the year 1940 the Company transported in excess of 47,000,000
barrels of its petroleum products, of which approximately 20,000,000
barrels were transported by its tankers referred to above. Approxi-
mately 5,000,000 barrels of the petroleum products carried by these
tankers were transported from California to points outside California.
The Company's operations from January 1, 1941, to the date of the
hearing were substantially the same as were its operations during
1940. 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
are directly engaged in such trade, traffic, transportation, and
commerce.
II. THE ORGANIZATIONS INVOLVED
Associated Licensed Officers Ass'n is an unaffiliated labor organiza-
tion, admitting to membership employees of the Company.
National Organization Masters, Mates and Pilots of America, West
Coast Local 90, is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of the,
Company.
National Marine Engineers' Beneficial Association is a labor organi-
zation affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
Marine Division, Commercial Telegraphers Union, is a labor organi-
zation, affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
American Communications Association, Marine Division, is a labor
organization, affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Seafarers International Union of North America-Pacific District
is a labor organization, affiliated with the American Federation of
Labor, admitting to membership employees of the Company. It has
an Engine Department and a Stewards' Department.
Sailors' Union of the Pacific is a labor organization, affiliated with
the Seafarers International Union of North America, admitting to
membership employees of the Company.
TIDE WATER ASSOCIATED OIL COMPANY 587
National Maritime Union of America is a labor organization, affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
Inland Boatmen's Union of the Pacific, San Francisco Division, is
a labor organization, affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
M. THE QUESTIONS CONCERNING REPRESENTATION
The A. L. O. A., the S. I. U. Engine Department, the S. I. U. Stew-
ards' Department, the S. U. P., the M. E. B. A., and the N. M. U. each
separately requested the Company to bargain with it as the exclusive
representative of the Company's employees in the unit claimed as
appropriate by such union; but the Company has refused to bargain
with any of these unions as the exclusive representative of the Com-
pany's employees in the unit claimed by such union as appropriate,
unless and until that union has been certified by the Board.
Statements of the Regional Director, introduced into evidence at
the hearing, show that the A. L. O. A., the M. M. P., the M. E. B. A.,
the A.'C. A., the C. T. U., the S. U. P., the S. I. U. Engine Department,
the S. I. U. Stewards' Department, and the I. B. U. represent substan-
tial numbers of employees in the respective units alleged by them as
appropriate.'
On January 17, 1941, the Board issued a Decision and Direction
of Election," in which the Board found that the unlicensed employees
in the deck department on the oceangoing tankers of the Company
operating out of Pacific Coast ports constituted an appropriate unit,
7 The Regional Director reported that the unions submitted to her the following claims of representation,
consisting of membership cards, application for membership cards, authorization cards , or petitions, bearing
the apparently genuine signatures of employees of the Company whose names appear on the Company's
pay roll of June 30, 1941•
LICENSED PERSONNEL
Union Number of employees in unitclaimed
Signatures of employees in
unit claimed on basis of
June 30, 1941 , pay roll
A L O. A---------------------- 50--------------------------------- 29
M M P------------------------ 18--------------------------------- 6.
M E.B. A----------------------
122 (oceangoing tankers) ________-___
4 (bay vessels)--------------------
10 (oceangoing tankers).
4 (bay vessels).
A C. A------------------------- 5---------------------------------- 2.C T U------------------------ 5---------------------------------- 2.
UNLICENSED PERSONNEL
S. U. P-------------------------- 15 (bayvessels) -------------------- 12 (bay vessels).
S. I. U Engine Department..... 61 --- ---------------------------- 42.
S.I U Stewards' Department-__ 35-------------------------------- 26.I. B. U-------------------------- 26-- I----------------------------- 8.
8 See Matter of Tidewater Associated Oil Company , Associated Division and Associated
Seamen's Association, 29 N. L . It. B. 88. The N . M. U. was not a party to this proceeding.
588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and on March 22, 1941, after an election, the Board certified the
S. U. P.4 as the exclusive bargaining representative of the employees
in the unit which it had found appropriate. As noted below, the
N. M. U. now seeks to combine in a single unit the unlicensed em-
ployees in the deck department with the unlicensed employees in the
engine and stewards' departments on the oceangoing tankers. While
it appears from the statements of the Regional Director and the Trial
Examiner that the N. M. U. represents a substantial number of em-
ployees in the unit which it claims as appropriate, there is no show-
ing by the N. M. U. that it represents a substantial number of em-
ployees in the unit which the Board previously found appropriate.'
We are of the opinion that, under these circumstances, no question
has arisen concerning the representation of the unlicensed employees
in the deck department on the oceangoing tankers of the Company
operating out of Pacific Coast ports, and we so find.
We find that questions have arisen concerning the 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
This proceeding involves the licensed and the unlicensed personnel
of the Company on (1) the oceangoing tankers operating out of
Pacific Coast ports and (2) the bay vessels operating in San Fran-
cisco Bay. None of the parties involved seeks to include together in
the same unit any of the licensed and unlicensed employees.
A. The contentions of the parties
1. Licensed employees
The Company has on' its oceangoing tankers the following classes
of licensed employees: (1) masters, ( 2) mates, (3) engineers, and
4 30 N. L It. B. 534
5 The Regional Director reported that the N M. U. submitted to her 5 signed authorization
cards bearing the names of persons who appeared on the Company's pay roll of June 30.
1941, as employees in the stewards' department on the oceangoing tankers, and 4 signed
authorization cards bearing the names of persons who appeared on the Company's pay
roll of June 30, 1941, as employees in the engine department on the oceangoing tankers ,
and that there were 30 employees in the stewards' department and 55 employees in the
engine department on the oceangoing tankers on this pay roll It appears from the Trial
Examiner 's statement that the N M U. submitted to him 18 signed authorization cards
bearing the names of persons who appeared on the Company's pay roll of October 1, 1941,
as employees in the unit claimed by the N M. U as appropriate, i. e. the unlicensed
employees in the deck, engine, and stewards' departments on the oceangoing tankers ; but
it does not appear from this statement whether or not any of the employees represented by
the N. M. U. are unlicensed employees in the deck department on the oceangoing tankers.
There were 149 unlicensed employees in the deck, engine, and stewards' departments on
the oceangoing tankers on the pay roll of October 1, 1941. The cards submitted to the
Trial Examiner included all of the cards which had been submitted to the Regional
Director.
TIDE WATER ASSOCIATED OIL COMPANY 589
(4) radio operators. There are no radio operators on the bay vessels.
There are, however, masters, mates, and engineers on the bay vessels,
although not all of these vessels have a full complement of licensed
employees. The only licensed officers on the bay vessels involved in
this proceeding are the engineers.
The A. L. 0. A. seeks a unit composed of all masters, mates, en-
gineers, and radio operators on the oceangoing tankers. It admits to
membership the licensed personnel on both the oceangoing tankers
and the bay vessels, but does not seek to include any of the licensed
employees on the bay vessels in the appropriate unit.
The M. M. P. seeks a unit composed of the mates on the oceangoing
tankers. It seeks to exclude the masters, although masters are
eligible to memberships
The M. E. B. A. seeks a unit composed of licensed engineers on
both the oceangoing tankers and the bay vessels.
Both the A. C. A. and the C. T. U. seek a unit composed of radio
operators on the oceangoing tankers.
The Company indicated a preference for separate units for the
three departments of the licensed personnel, i. e. deck, engine, and
radio, and expressed a desire that masters should be included with the
mates in an appropriate unit. It also stated its position to be that
the licensed employees on the oceangoing tankers should not be
included in the same unit with the licensed employees on the bay
vessels.
2. Unlicensed employees
The unlicensed employees on both the oceangoing tankers and
the bay vessels of the Company are divided into the following depart-
ments: (1) deck, (2) engine, and (3) stewards'.
The I. B. U. seeks a unit composed of all unlicensed employees on
the bay vessels of the Company in the deck, engine, and the stewards'
departments.
The N. M. U. seeks a unit composed of all unlicensed employees
on the oceangoing tankers of the Company in the deck, engine, and
stewards' departments.
The S. U. P. seeks a unit composed of the unlicensed employees in
the deck department on the bay vessels. As noted previously, the
S. U. P. was certified by the Board on March 22, 1941, for a unit
composed of the unlicensed employees in the deck department on the
oceangoing tankers.7 The S. U. P. contends that the unit previously
Another local of the National Organization Masters, Mates, and Pilots of America, not
involved in this proceeding, has jurisdiction over the masters and mates on the bay-vessels,
7 See footnotes 3 and 4, supra.
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
found appropriate by the Board should not be disturbed at the
present time."
The S. I. U. Engine Department seeks a unit composed of the
unlicensed employees in the engine department on both the ocean-
going tankers and the bay vessels.
The S. I. U. Stewards' Department seeks a unit composed of the
unlicensed employees in the stewards' department on both the
oceangoing tankers and the bay vessels.
The Company indicated a preference for separate units for the
different departments of the unlicensed personnel, and further stated
that it believed that the unlicensed employees on the oceangoing
tankers should not be included in the same unit with the unlicensed
employees on the bay vessels.
B. Bay vessels and/or oceangoing tankers
There is a marked difference between the oceangoing tankers and
the bay vessels with regard to working and living conditions and
the skill required on the part of both licensed and unlicensed em-
ployees. The bay vessels are much smaller than the oceangoing
tankers. As a general rule, the wages paid the licensed employees
on the bay vessels are lower than those paid the licensed employees
on the oceangoing tankers, while the wages paid the unlicensed em-
ployees on the bay vessels are higher than those paid the unlicensed
employees on the oceangoing tankers. The bay vessels make com-
paratively short trips between points in San Francisco Bay. As a
result the employees on these boats are able to spend a substantial
amount of time at home. There is little interchange of personnel
between the employees on the bay vessels and those on the oceangoing
tankers. The crews on the bay vessels are much smaller than those
on the oceangoing tankers, and the total number of employees on
the bay vessels is only a small fraction of the total number of em-
ployees on the oceangoing tankers. The history of collective bar-
gaining within the Company shows that negotiations with repre-
sentatives of the employees on the bay vessels have always been
conducted separately from negotiations with representatives of the
employees on the oceangoing tankers.9
8 As noted above, we have found that no question concerning the representation of these
employees has arisen.
9 In Matter of Associated Oil Company and Sailors Union of the Pacific , 5 N. L. R . B. 893,
the unlicensed deck personnel on tow barges and self-propelled motor boats of the Company
operated on the Pacific Coast were excluded from a unit composed of the unlicensed deck
personnel on oceangoing tankers of the Company operated on the same coast, under the
circumstances presented in that case , although the S. U. P. there claimed a unit consisting
of all the unlicensed deck personnel on the tow barges, self-propelled motor boats, and
oceangoing tankers.
TIDE WATER ASSOCIATED OIL COMPANY 591
We are of the opinion that none of the bargaining units for either
licensed or unlicensed employees of the Company should include
employees on the oceangoing tankers together with employees on
the bay vessels.
C. Appropriate units for the licensed employees
1. Oceangoing tankers
As noted previously, the A. L. O. A. would combine all licensed
employees on the oceangoing tankers in one unit, while the M. M. P.,
the M. E. B. A., and the A. C. A. and C. T. U. seek separate units
for the deck, engine, and radio officers, respectively.
Since 1935 the licensed officers on the oceangoing tankers of the
Company have been represented in bargaining negotiations with the
Company by the A. L. O. A. However, the Company has only recog-
nized the A. L. O. A. for its own members and not as the exclusive
bargaining representative of its licensed officers. There has been no
written contract between the Company and the A. L. O. A.
The record discloses no organization on the Pacific Coast, other
than the A. L. O. A., which attempts to bargain for a unit composed
of all licensed officers. Among steamship companies generally, the
deck, engine, and radio officers have each been represented in a sepa-
rate unit: We have repeatedly held, in the light of the difference in
qualifications, responsibilities, and duties between licensed deck
officers and licensed engineers, that each constitutes a separate appro-
priate unit.10 The same reasons which have led the Board to hold
that licensed deck officers and licensed engineers constitute separate
units are equally applicable to radio operators."- We are of the
opinion that separate units for the licensed deck, engine, and radio
officers are appropriate in this proceeding.
As indicated above, the M. M. P. seeks to exclude the masters from
the unit of licensed deck officers. The A. L. O. A. would include them.
The M. M. P. contends that masters should be excluded since they are
the direct representatives of the owner and are the persons in supreme
authority on board ship. It appears from the record that the master
has the power to discipline and the power to hire and discharge em-
ployees on his ship, but the. president of the A. L. O. A. testified that
the master's power to hire and discharge unlicensed employees in the
deck department is no greater than that of the first mate or chief
officer. Masters are eligible to membership in the M. M. P. as well as
10 See Matter of A. H. Bull Steamship Co. and Baltimore -Insular Line, Inc. and United
States Merchant Marine Officers Association, Inc, Federal Labor Union #$9745, A. F. of L.,
36 N. L. It. B. 99, and cases there cited.
11 See Matter of Tidewater Associated Oil Company and American Radio Telegraphists'
Association, 5 N. L. It . B. 954.
592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the A. L. 0. A. The Regional Director's statement indicates that
masters have requested the A. L. 0. A. to bargain collectively for them.
It further appears that many of the licensed deck officers who ordinarily
serve as mates on the Company's vessels hold licenses as masters, and
that masters are frequently assigned temporarily to positions as mates,
and vice versa. Although the masters are supervisory employees and
representatives of the management, their exclusion is not warranted,
for the unit of licensed deck officers sought by the M. M. P. is composed
entirely of supervisory employees with comparable skills, qualifications,
duties, authority, responsibilities, and interests. In accordance with
Sur usual holding under such circumstances,12 we shall include masters
in the unit of licensed deck officers.13
We find that (1) all licensed deck officers employed by the Company
on its oceangoing tankers operating out of Pacific Coast ports, includ-
ing masters and mates; (2) all licensed engineers employed by the
Company on its oceangoing tankers operating out of Pacific Coast
ports; and (3) all licensed radio operators employed by the Company
on its oceangoing tankers operating out of Pacific Coast ports each
constitute a unit appropriate for the purposes of collective bargaining.
We further find that said units will insure to such employees of the
Company the full benefit of their right to self-organization and to col-
lective bargaining and otherwise will effectuate the policies of the Act.
2. Bay vessels
The only licensed employees on the bay vessels involved in this pro-
ceeding are the licensed engineers, and the only labor organization
which claims to represent them is the M. E. B. A., which seeks a bar-
gaining unit composed of the licensed engineers on both the oceangoing
tankers of the Company and its bay vessels operating in San Francisco
Bay. We have held, as indicated above, that we will not combine within
a single unit employees on both the oceangoing tankers and the bay
vessels, and we have found that the licensed engineers on the ocean-
going tankers constitute a unit appropriate for the purposes of col-
lective bargaining. We find that all licensed engineers employed by
'a See Matter of Seas Shipping Company and National Organization Masters, Mates &
Pilots of America, 8 N. L. R. B. 422, affirming 7 N. L R B. 873; 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 Tide Water Associated Oil Company and United Licensed Officers of the U. S. A.,
9 N. L. R. B. 823; Matter of Jones & Laughlin Steel Corporation and National Organization
Masters, Mates & Pilots of America, Local No 25, 37 N. L R. B 366, and cases there cited
13 The M M. P. seeks to exclude F. W. Rosvally on the ground that he is a relief master
The A. L 0. A. seeks to include him. The M. M P. is willing to include relief mates in the
appropriate unit of licensed deck officers sought by it. As noted previously, we have held
that masters should be included within the appropriate unit of licensed deck officers
Under the circumstances, we believe that Rosvally should be included in the unit as a
master. Similarly, we are of the opinion that H. Ruf, a relief engineer, should be included
to the unit of licensed engineers as a licensed engineer
TIDE WATER ASSOCIATED OIL COMPANY 593
the Company on its bay vessels operating in San Francisco Bay con-
stitute a unit appropriate for the purposes of collective bargaining,
and that said unit will insure to such employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise will effectuate the policies of the Act.
D. Appropriate units for the unlicensed employees
The unlicensed personnel on board both oceangoing tankers and
bay vessels has been traditionally composed of three separate depart-
ments, i. e. the deck, engin3, and stewards' departments. The unli-
censed members of the deck department are the boatswains, able-
bodied seamen, and ordinary seamen. Their function is to assist in
the navigation and upkeep of the ship. The unlicensed personnel of
the engine department (pumpmen, oilers, firemen, and wipers) main-
tain the ship's machinery and other moving parts, while the unlicensed
personnel of the stewards' department (stewards, cooks, messmen, and
messboys) prepare and cook the food eaten aboard the ship, and clean
and otherwise maintain the living quarters of the entire crew. The
work of each department requires a different and special skill, training
and ability. On the other hand, the interests of the members of all
three departments are closely interrelated and to a large extent inter-
dependent. The coordination of all three departments is necessary for
the proper operation of a vessel. The members of each department
live, eat, and work on the same ship and under similar conditions. So
far as the Company's operations on the Pacific Coast are concerned,
the bargaining unit for unlicensed employees has traditionally been
the departmental unit." The history of collective bargaining within
the steamship industry generally on the Pacific Coast shows that the
bargaining unit has usually been the departmental unit 15
As indicated above, we are of the opinion that employees on the
oceangoing tankers should not be combined in any bargaining unit
with employees on the bay vessels. We shall, therefore, discuss the
question of an appropriate unit for the unlicensed employees on the
oceangoing tankers separately from the question of an appropriate
unit for the unlicensed employees on the bay vessels.
1. Oceangoing tankers
Since we have held that no question has arisen concerning the repre-
sentation of the unlicensed employees in the deck department on the
14 See Matter of Associated Oil Company and Sailors Union of the Pacific, 5 N. L R. B.
893. Matter of General Petroleum Corp. of Calif . and Pacific Coast Marine Firemen, Oilers,
lVateitendeis & Wipers Assn., 5 N. L It. B 982; Matter of Tidewater Associated Oil Com-
pany , Associated Division and Associated Seamen's Association, 29 N. L R B 105.
15 See Matter of Union Oil Company of California and National Maritime Union of
America, 37 N. L. It. B 227.
438861-42-vol. 38--39
594- DECISIONS OF NATIONAL LABOR RELATIONS BOARD
oceangoing tankers of the Company, we shall not direct that an elec-
tion be held among these employees. With respect to the unlicensed
employees in the engine and stewards' departments, we find that they
might properly constitute separate departmental bargaining units, as
contended by the S. I. U. Engine Department and the S. I. U. Stewards'
Department, or that they might function as parts of a single unit
comprising both departments. Under these circumstances, we believe
that the desires of these employees themselves are the chief factor to
be considered in determining whether they shall constitute separate
units or become parts of a larger unit 16 To ascertain the desires of
the employees, we shall direct elections (1) among the unlicensed em-
ployees in the engine department on the oceangoing tankers of the
Company operating out of Pacific Coast ports, to determine whether
they desire to be represented by the N. M. U., the S. I. U. - Engine
Department, or by neither, and (2) among the unlicensed employees
in the stewards' department on the oceangoing tankers of the Com-
pany operating out of Pacific Coast ports, to determine whether they
desire to be represented by the N. M. U., the S. I. U. Stewards' Depart-
ment or by neither. No final determination of the unit or units ap-
propriate for the purposes of collective bargaining will be made pend-
ing the results of the elections. We shall certify the union which is
designated by a majority of the employees within each election unit
as exclusive representative thereof. However, if the N. M. U. should
win both of the elections, we shall find that the employees in both de-
partments constitute a single appropriate unit, and we shall certify
the N. M. U. as the exclusive representative thereof.
2. Bay vessels
With respect to the unlicensed employees in the deck, engine, and
stewards' departments on the bay vessels operating in San Francisco
Bay, we find that they might properly constitute separate depart-
mental bargaining units, as contended by the S. U. P., the S. I. U.
Engine Department, and the S. I. U. Stewards' Department, or that
they might function as parts of a single unit comprising all three
departments, as contended by the I. B. U. Under these circum-
stances, we believe that the desires of these employees themselves are
the chief factor to be considered in determining whether they shall
constitute separate units or become parts of a larger unit 17 To
ascertain the desires of the employees, we shall direct elections (1)
among the unlicensed employees in the deck department on the bay
'0 See Matter of The Globe Machine and Stamping Co. and Metal Polishers Union, Local
No. 8; International Association of Machinists, District No. 54; Federal Labor Union 18788,
and United Automobile Workers of America, 3 N. L. R. B. 294; Matter of Union Oil Company
of California and National Maritime Uns.on of America, 37 N. L. R. B. 227.
11 See cases cited in footnote 16, supra.
TIDE WATER ASSOCIATED OIL COMPANY 595
vessels of the Company operating in San Francisco Bay, to de-
termine whether they desire to be represented by the I. B. U., the
S. U. P., or by neither; (2) among the unlicensed employees in the
engine department on the bay vessels of the Company operating in
San Francisco Bay, to determine whether they desire to be repre-
sented by the I. B. U., the S. I. U. Engine Department, or by neither;
and (3) among the unlicensed employees in the stewards' department
on the bay vessels of the Company operating in San Francisco Bay,
to determine whether they desire to be represented by the I. B. U.,
the S. I. U. Stewards' Department, or by neither. No final de-
termination of the unit or units appropriate for the purposes of col-
lective bargaining will be made pending the -results of the elections.
We shall certify the union which is designated by a majority of the
employees within each election unit as exclusive representative
thereof. However, if the I. B. U. should win two or three of the
election units, we shall combine those units in which it has been suc-
cessful and certify the I. B. U. as exclusive representative thereof.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the questions which have arisen concerning the repre-
sentation of the Company's employees can best be resolved by means
of elections by secret ballot. We shall direct that such elections be
held.
On October 25, 1941, the Board, on the basis of charges filed
by the N. M. U., the M. M. P., the I. B. U., and the M. E. B. A.,
issued a consolidated complaint against the Company, alleging
that it had refused to issue passes to the charging unions and
at the same time had issued passes to the A. L. O. A., the S. U. P.,
and the S. I. U. in violation of Section 8 (1) of the Act.,, Oil
November 26, 1941, the Board approved a stipulation providing for
a settlement of these cases, which had been signed by the Board's
attorney, the Company, and all the labor organizations involved
in the cases with the exception of the N. M. U. and the I. B. U.
The stipulation provides, inter alit, that, if the Board orders
elections, "said elections shall be commenced not later than Febru-
ary 1, 1942, or such earlier date as the Board may order.71° The
N. M. U. and the I. B. U. are opposed to that portion of the
's See footnote 1, supra.
'A The stipulation also provides that the Company will not grant passes to any labor
organization , and will withdraw all passes which it has previously issued, for a period of
time commencing with the date of approval of the stipulation by the Board and continuing
until the termination of any elections which may be ordered by the Board in the present
proceedings . It is further provided that the period of time during which the stipulation
shall be effective shall terminate on February 1, 1942, unless elections have been ordered on
or before that date, and that said period shall terminate immediately if and when the
Board makes an order denying such elections.
596 DECISIONS OF NATIONAL LABOR RELATION'SI BOARD
stipulation which provides that elections shall be commenced not
later than February 1, 1942, and insist that any elections ordered
by the Board should be postponed to a later date. None of the
parties other than the N. M. U. and the I. B. U. has any objection to
an immediate election. We are of the opinion that the elections
should be conducted as soon as possible, but commencing not later
than February 1, 1942, and we shall so direct.
At the hearing it was agreed by all parties that persons who are
employed at the time when a vessel is posted with a notice of election,
and who are still employed at the time of the voting among the em-
ployees on that vessel, shall be eligible to vote, provided that employees
on vacation with pay at the time of the voting shall be permitted to
cast their ballots at the Regional Office of the Board upon their return.
It was further agreed that all parties to this proceeding should be noti-
fied by the Company of those employees who are on vacation at the
time of the holding of the elections. The parties also agreed that
notices of election, together with a list of the employees eligible to
vote, should be posted on each vessel in some port at least 48 hours
before the voting takes place. We hereby adopt these agreements for
the purposes of the, elections 20
We shall direct that these elections be conducted as soon as possible,
but commencing not later than February 1, 1942, under the direction
and supervision of the Regional Director for the Twentieth Region
(San Francisco, California) who shall determine in her discretion the
exact time, place, and procedure for posting notices of election and
for balloting on each vessel, provided, however, that each vessel shall
be posted with a notice of election, a sample ballot, a list of employees
eligible to vote, and a notice of the time and place where balloting
will be conducted, at some port at least 48 hours before the balloting
takes place.
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 repre-
sentation of employees of Tide Water Associated Oil Company, San
Francisco, California, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
20 The parties also agreed , and we find , that employees on the oceangoing tanker, Tydol
No. 2, which belongs regularly to the Eastern or Tide Water Division of the Company,
but has been operating with the Associated or Western Division of the Company since about
July 1941, and on the oceangoing tanker, Frank G. Drum, which operates regularly out of
Pacific Coast ports, but since about July 1941 has been operating in the British pool service
on the Atlantic Coast, should be eligible to vote in the elections The Company anticipated
at the time of the hearing that the Frank G Drum would soon return to the Pacific Coast,
and in that event the Tydol No. 2 was expected to return to the East Coast.
TIDE WATER ASSOCIATED OIL COMPANY 597
2. No question affecting commerce has arisen concerning the repre-
sentation of the unlicensed employees of Tide Water Associated Oil
Company, San Francisco, California, in the deck department on its
oceangoing tankers operating out of Pacific Coast ports, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
3. All licensed deck officers employed by the Company on its ocean -
going tankers operating out of Pacific Coast ports, including masters
and mates, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
4. All licensed engineers employed by the Company on its ocean-
going tankers operating out of Pacific Coast ports constitute a unit
appropriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the National Labor Relations Act.
5. All licensed radio operators employed by the Company on its
oceangoing tankers operating out of Pacific Coast ports constitute a
unit appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
6. All licensed engineers employed by the Company on its bay vessels
operating in San Francisco Bay 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 ELECTIONS
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 and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, 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 Tide Water Associated Oil Company, San Francisco, California,
elections by secret ballot shall be conducted as soon as possible, but
commencing not later than February 1, 1942, in conformity with the
rules set forth in Section V above for the conduct of the elections, under
the direction and supervision of the Regional Director for the Twen-
tieth 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 the employees of Tide Water Associated
Oil Company, San Francisco, California, within the nine groups de-
scribed below, who are employed by the Company at the time the
notices of elections are posted and are still employed at the time the
elections are held, including those who do not work at these respective
598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
times because they are ill or on vacation or in the active military service
or training of the United States or temporarily laid off :
(a) All licensed deck officers employed by the Company on its
oceangoing tankers operating out of Pacific Coast ports, including
masters and mates, to determine whether they desire to be represented
for the purposes of collective bargaining by Associated Licensed
Officers Ass'n., unaffiliated, or by National Organization Masters, Mates
and Pilots of America, West Coast Local 90, affiliated with the Ameri-
can Federation of Labor, or by neither;
(b) All licensed engineers employed by the Company on its ocean-
going tankers operating out of Pacific Coast ports, to determine
whether they desire to be represented for the purposes of collective
bargaining by Associated Licensed Officers Ass'n., unaffiliated, or by
National Marine Engineers' Beneficial Association, affiliated with the
Congress of Industrial Organizations, or by neither;
(c) All licensed radio operators employed by the Company on its
oceangoing tankers operating out of Pacific Coast ports, to determine
whether they desire to be represented for the purposes of collective
bargaining by Associated -Licensed Officers Ass'n., unaffiliated, by
Marine Division, Commercial Telegraphers Union, affiliated with the
American Federation of Labor, by American Communications Asso-
ciation, Marine Division, affiliated with the Congress of Industrial
Organizations, or by none of these three organizations;
(d) All licensed engineers employed by the Company on its bay
vessels operating in San Francisco Bay, to determine whether or not
they desire to be represented for the purposes of collective bargaining
by National Marine Engineers' Beneficial Association, affiliated with
the Congress of Industrial Organizations;
(e) All unlicensed employees in the engine department on the ocean-
going tankers of the Company operating out of Pacific Coast ports,
to determine whether they desire to be represented for the purposes
of collective bargaining by Seafarers International Union of North
America-Pacific District, Engine Department, affiliated with the
American Federation of Labor, or by National Maritime Union of
America, affiliated with the Congress of Industrial Organizations, or
by neither;
(f) All unlicensed employees in the steward's department on the
oceangoing tankers of the Company operating out of Pacific Coast
ports, to determine whether they desire to be represented for the
purposes of collective bargaining by Seafarers International Union
of North America-Pacific District, Stewards' Department, affiliated
with the American Federation of Labor, or by National Maritime
Union of America, affiliated with the Congress of Industrial Organiza-
tions, or by neither;
TIDE WATER ASSOCIATED OIL COMPANY 599
(g) All unlicensed employees in the deck department on the bay
vessels of the Company operating in San Francisco Bay, to determine
whether they desire to be represented for the purposes of collective
bargaining by Sailors' Union of the Pacific, affiliated with the Sea-
farers International Union of North America, or by Inland Boatmen's
Union of the Pacific, San Francisco Division, affiliated with the Con-
gress of Industrial Organizations, or by neither;
(h) All unlicensed employees in the engine department on the bay
vessels of the Company operating in San Francisco Bay, to determine
whether they desire to be represented for the purposes of collective
bargaining by Seafarers International Union of North America-
Pacific District, Engine Department, affiliated with the American
Federation of Labor, or by Inland Boatmen's Union of the Pacific,
San Francisco Division, affiliated with the Congress of Industrial
Organizations, or by neither;
(i) All unlicensed employees in the stewards' department on the
bay vessels of the Company operating in San Francisco Bay, to deter-
mine whether they desire to be represented for the,purposes of col-
lective bargaining by Seafarers International Union of North
America-Pacific District, Stewards' Department, affiliated with the
American Federation of Labor, or by Inland Boatmen's Union of the
Pacific, San Francisco Division, affiliated with the Congress of In-
dustrial Organizations, or by neither.
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and ASSOCIATED
LICENSED OFFICERS ASSN.
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and SEAFARERS
INTERNATIONAL UNION OF NORTH AMERICA-PACIFIC DISTRICT,
ENGINE DEPARTMENT
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and SEAFARERS
INTERNATIONAL UNION OF NORTH AMERICA-PACIFIC DISTRICT,
STEWARDS' DEPARTMENT
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and SAILORS'
UNION OF THE PACIFIC
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and NATIONAL
MARINE EN GINEERS' BENEFICIAL ASSOCIATION
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and NATIONAL
MARITIME UNION OF AMERICA
Cases Nos . R-3313 to R-3318 inclusive , respectively
AMENDMENT TO DECISION
AND
DIRECTION OF ELECTIONS
February ^0, 194,"'
On January 27, 1942, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Elections in the
above-entitled proceeding.' Thereafter National Maritime Union of
America advised the Regional Director that it desired its name not
to appear on the ballot and that it desired to withdraw from the elec-
tions. The Board hereby amends: (1) group (e) of Direction of
Elections by striking therefrom the words "or by National Maritime
Union of America, affiliated with the Congress of Industrial Organ-
izations , or by neither," and by inserting after the word "whether"
the words "or not"; and (2) group (f) of Direction of Elections by
1 38 N. L. R B. 582.
38 N. L. R. B., No. 120a.
600
TIDE WATER ASSOCIATED Ott COMPANY 601
striking therefrom the words "or by National Maritime Union of
America, affiliated with the Congress of Industrial Organizations, or
by neither," and by inserting after the word "whether" the words
"or not."
CHAIRMAN MILLIs took no part in the consideration of the above
Amendment to Certification of Representatives.