Tidewater Associated Oil Co.

National Labor Relations Board - Board Decisions

Dec 27, 1941

37 N.L.R.B. 989 (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.
Case No. R-3387.-Decided December 27, 1941
Investigation and Certification of Representatives : stipulation for certification
upon cross-check.
Mr. D. C. Sargent, for the Board.
Mr. Harrison Guio, of Los Angeles, Calif., for the Company.
Mr. John, N. Starke, of Long Beach, Calif., for the Union.
Mr. George A. Koplow, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On or about November 19, 1941, Oil Workers International Union;
affiliated with the C. I. 0., herein called the Union, filed with the
Regional Director for the Twenty-first Region (Los Angeles, Cali-
fornia) a petition alleging that ti question affecting commerce had
arisen concerning the representation of certain employees at the San'
Pedro Marine Terminal of Tidewater Associated Oil Company (Asso-
ciated Division), San Francisco, California, herein called the Com-
pany, which is engaged in the business of producing, refining, trans-
porting, and marketing petroleum products, and requesting an in-
vestigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called-
the Act. On November 28, 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 December 4, 1941, the
Company, the Union, and a Field Examiner for the Board entered
into a "STIPULATION FOR CERTIFICATION UPON CROSS-CHECK. ^)
Pursuant to the stipulation a pay-roll check by comparison of
union membership cards with the pay roll of the Company for No-
37 N. L. R. B., No. 167.
989
990 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vember 15, 1941, was made by the Regional Director to determine
how many employees engaged as barge men at the San Pedro Marine
Terminal of the Company had designated the Union as their bargain-
ing agency. On December 5, 1941, the Regional Director issued and
duly served upon the parties his "Notice of Numerical Results of
Cross-Check." No objections to the report contained in such Notice
has been filed by any of the parties.
As to the results of the pay-roll check, the Regional Director re-
ported that the total number of eligible employees employed on No-
vember 15, 1941, in the unit defined nn the stipulation amounted to six
and that all six were members of the Union.
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. A question affecting commerce has arisen concerning the repre-
sentation of employees at the San Pedro Marine Terminal of Tide-
water Associated Oil Company (Associated Division), San Fran-
cisco, California, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the Act.
2. All employees engaged as barge amen at the San Pedro Marine
Terminal of the Company constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
3. Oil Workers International Union, affiliated with the C. I. 0.,
has been designated and selected by a majority of the employees in
the above-described unit as their representative for the purposes of
collective bargaining and is the exclusive representative of all the
employees in the said unit within the meaning of Section 9 (a) of
the 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 Re-
lations Act,
IT IS HEREBY CERTIFIED that Oil Workers International Union, af-
filiated with the C. I. 0., has been designated and selected by a
majority of all employees engaged as barge men at San Pedro Marine
Terminal of Tidewater Associated Oil Company . (Associated Di-
vision), San Francisco, California, as their representative for the pur-
poses of collective bargaining, and that pursuant to the provisions of
Section 9 (a) of the Act, Oil Workers International Union, affiliated
with the C. I. 0., is the exclusive representative of all such employees
for the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment, and other conditions of employment.