Waggoner Refining Co., Inc.

National Labor Relations Board - Board Decisions

Aug 4, 1938

8 N.L.R.B. 789 (N.L.R.B. 1938)

In the Matter Of WAGGONER REFINING COMPANY, INC., and W. T.
WAGGONER ESTATE and INTERNATIONAL ASSOCIATION OF OIL FIELD,
GAS WELL AND, REFINERY WORKERS OF AMERICA
In the, Matter Of WAGGONER REFINING COMPANY, INC., and W. T.
WAGGONER ESTATE and WAGGONER EMPLOYEES FEDERATION
Cases Nos. C-230, R-229, and R-228
SUPPLEMENTAL DECISION
AND
ORDER
August 4, 1938
On April 21, 1938, the National Labor Relations Board, herein
called the Board, issued its Decision, Direction of Election, and
Order 1 in the above-entitled proceedings. On April 29, 1938, the
Board issued an Amendment to Direction of Election.2 On May 10,
1938, the Board issued a Second Amendment to Direction of Elec-
tion.3 The Direction of Election, as amended, provided that an elec-
tion by secret ballot be conducted within a period to be determined
thereafter by the Board, among all employees in the production,
casinghead gasoline, water, pipe-line, and refinery departments of
Waggoner Refining Company, Inc., and W. T. Waggoner Estate, who
were employed during the pay-roll period next preceding the date of
said Direction, excluding supervisory employees, to determine
whether they desired to be represented by Electra Local No. 400, Oil
Workers International Union, or by Employees Federation of the
Waggoner Refining Company and W. T. Waggoner Estate, for the
purposes of collective bargaining, or by neither.
On June 18, 1938, an election by secret ballot was conducted at
Electra, Texas, under the direction and supervision of the Regional
Director for the Sixteenth Region (Fort Worth, Texas). On June
21, 1938, the said Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 1, as amended, issued and, on June 22, 1938, duly served
16 N. L. R. B. 731
2 6 N. L. R. B. 763.
3 7 N. L. It. B. 78.
8 N. L. R. B., No. 92.
789
790 NATIONAL LABOR RELATIONS BOARD
upon the parties an Intermediate Report upon the secret ballot. No
objections or exceptions to the Intermediate Report have been filed
by any of the parties.
As to the balloting and its results , the Regional Director reported
as follows :
Total number eligible to vote________________________________ 110
Total number of ballots cast _________________________________ 100
Total number of blank ballots_______________________________ 0
Total number of void ballots _________________________________ 1
Total number of challenged ballots___________________________ 6
Total number of ballots cast for Electra Local No. 400, Oil
Workers International Union______________________ _ 45
Total number of ballots cast for Employees Federation of the
Waggoner Refining Company and W. T. Waggoner Estate___ 7
Total number of ballots cast for neither organization---------- 41
The results of the election show that unless five of the six chal-
lenged ballots were votes in favor of the Oil Workers International
Union, neither of the rival organizations has secured a majority of
the votes cast. The Intermediate Report makes no ruling upon the
challenges. However, the Intermediate Report sets forth that the
challenges were made by representatives of the Oil Workers Interna-
tional Union. So long as the Oil Workers International Union con-
tinues the challenges we need not consider the possibility of the
challenged ballots being counted in its favor. Moreover, the chal-
lenges were directed against four female stenographers and two male
clerks employed in the company offices. In its Decision in this case
the Board pointed out that both contending organizations had stipu-
lated to exclude employees of the general-office department in Vernon,
Texas, from the appropriate unit.
Thus although the election resulted in a majority of the employees
indicating a desire for collective bargaining, neither union received
a majority of they votes cast. The Board has indicated in previous
proceedings that it will not continue its investigation without a
request for a run-off election by the labor organization which has
received the greater number of votes. On July 27, 1938, the Oil
Workers International Union, in a letter addressed to the Regional
Director, stated that it did not wish to take part in a run-off election.
The petitions for investigation and certification of representatives of
employees of Waggoner Refining Company, Inc., and W. T. Wag-
goner Estate will therefore be dismissed.
DECISIONS AND ORDERS
ORDER
791
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended,
IT IS HEREBY ORDERED that the petitions for investigation and certifi-
cation of employees of Waggoner Refining Company, Inc., and W. T.
Waggoner Estate, Vernon, Texas, filed by International Association
of Oil Field, Gas Well and Refinery Workers of America, and by
Waggoner Employees Federation, be, and they hereby are, dismissed.