Tidewater Associated Oil Co.

National Labor Relations Board - Board Decisions

Jul 11, 1941

33 N.L.R.B. 336 (N.L.R.B. 1941)

In the Matter of TIDEWATER ASSOCIATED OIL COMPANY (ASSOCIATED
DIVISION) and OIL WORKERS' INTERNATIONAL UNION, AFFILIATED WITH
THE C. I. O.
Cases Nos . R-2670 to R-2672 inclusive .-Decided July 11, 1941
Investigation and Certification of Representatives : stipulation for certification
upon cross-check.
Mr. Charles M. Ryan, for the Board.
Mr. W. F. Kiessig, of San Francisco, Calif., for the Company.
Mr. John M. Starke, of Long Beach, Calif., for the Union.
Miss Marcia Hertzmark, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On April 2, 1941, Oil Workers' International Union, affiliated with
the C. 1. 0., herein called the Union, filed with the Regional Director for,
the Twenty-first Region (Los Angeles, California) three separate
petitions alleging that questions affecting commerce had arisen con-
cerning the representation of three separate groups of employees of
Tidewater Associated Oil Company (Associated Division), herein
called the CompaFiy, engaged in producing, refining, transporting, and
marketing petroleum products, with its principal office at San Fran-
cisco, California, and requesting an investigation and certification of
representatives of each group of employees pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On June 16, 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 separate investigations on each of the
petitions and authorized the Regional Director to conduct them and to
provide for appropriate hearings upon due notice. On June 12, 1941,
the Company, the Union, and an attorney for the Board entered
into a "STIPULATION FOR CERTIFICATION UPON CROSS-
CHECK." -
33 N. L. R. B., No. 68.
336
TIDEWATER ASSOCIATED OIL COMPANY 337
Pursuant to the stipulation, a pay-roll check by comparison of
union designations with the pay roll of the Company dated June 1,
1941, was made under the supervision of the Regional Director to
determine the number of employees in each of the following groups
who designated the union as their bargaining agency : (1) employees
of the Southern California Pipe Line Department, headquartered at
the Watson, California, plant, including Marine Terminal at San
Pedro, but excluding office employees, supervisory employees, and sales-
department employees; (2) employees of the San Joaquin Valley Pipe
Line Department (Coalinga headquarters), but excluding clerical em-
ployees, supervisory employees, and all other employees not engaged as
pipe-line employees; and (3) employees in the plant refinery at Watson,
California, but excluding office employees and supervisory employees.
On June 18, 1941, the Regional Director, acting pursuant to the
stipulation, issued and duly served upon the parties his "Notice of
Numerical Results of Cross-check." No objections to said notice have
been filed by any of the parties.
In his report the Regional Director reported that the comparison
of the union designations with the pay roll of the Company showed
that 46 out of 60 eligible employees classified under (1) above, 100 out
of 173 eligible employees classified under (2) above, and 35 out of 39
eligible employees classified under (3) above authorized the Union to
represent them for the purposes of collective bargaining with the
Company with respect to rates of pay, wages, hours of work, and other
conditions of employment.
Upon the basis of the stipulation, the Notice of Numerical Results
of Cross-check, and the entire record in the case, the Board makes the
following :
FINDINGS OF FACT
1. Questions affecting commerce have arisen concerning the represen-
tation of employees of Tidewater Associated Oil Company ( Associated
Division ), San Francisco, California , within the meaiiing of Section
9 (c) and Section 2 (6) and ( 7) of the National Labor Relations Act.
2. All employees of the Southern California Pipe Line Department
of the Company, headquartered at the Watson , California , plant, in-
cluding Marine Terminal at San Pedro, excluding office employees,
supervisory employees , and sales-department employees, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the National Labor Relations Act.
3. All employees of the San Joaquin Valley Pipe Line Department
(Coalinga headquarters ) of the Company , excluding clerical employees,
supervisory employees , and all other employees not engaged as pipe-
line employees , constitute a unit appropriate for the purposes of col-
338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lective bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act.
4. All employees in the plant refinery of the Company at Watson,
California, excluding office employees and supervisory employees, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the National Labor Relations
Act.
5. Oil Workers' International Union, affiliated with the C. I. 0., has
been designated and selected by a majority of the employees in each of
the above units as their representative for the purposes of collective
bargaining and is the exclusive representative of all the employees in
each of said units within the meaning of Section 9 (a) of the National
Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
IT IS HEREBY CERTIFIED that Oil Workers' International Union, affili-
ated with the C. I. 0., has been designated and selected by a majority
of each of the following groups of employees of Tidewater Associated
Oil Company (Associated Division) as their representative for the
purposes of collective bargaining, and that pursuant to the provisions
of Section 9 (a) of the Act, Oil Workers' International Union, affili-
ated with the C. 1. 0., is the exclusive representative of all the employees
in each of such groups for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other condi-
tions of employment :
(1) all employees of the Southern California Pipe Line Depart-
ment, headquartered at the Watson, California, plant,'including Marine
Terminal 'at San Pedro, excluding office employees, supervisory em-
ployees, and sales-department employees;
(2) all employees of the San Joaquin Valley Pipe Line Department
(Coalinga headquarters), excluding clerical employees, supervisory
employees, and all other employees not engaged as pipe-line employees;
(3) all employees in the plant refinery at Watson, California, exclud-
ing office employees and supervisory employees.