Coastal Refineries, Inc.

National Labor Relations Board - Board Decisions

Dec 27, 1945

64 N.L.R.B. 1560 (N.L.R.B. 1945)

In the Matter Of COASTAL REFINERIES, INC. and INTERNATIONAL UNION
OF OPERATING ENGINEERS , A. F. OF L.
Case No. 16-I?-1445.Decided December 07, 1945
Mr. Harris A. Melasky, of Taylor, Tex., for the Company.
Mr. A. J. Reinhard, of Fort Worth, Tex., for the Union.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Operating
Engineers, A. F. of L., herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Coastal Refineries, Inc., Taylor, Texas, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Earl Saunders, Trial Ex-
aminer. The hearing was held at Fort Worth, Texas, on August 31,
1945. The Company and the Union appeared and participated. All
parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Coastal Refineries, Inc., a Texas corporation with its main office at
Taylor, Texas, has its sole refinery at Port Isabel, Texas, which is
involved herein. This refinery is engaged in the refining of crude
petroleum products. During the fiscal year ending July 31, 1945, the
Company's purchases, consisting of crude oil and other raw materials,
amounted to approximately $4,000,000, of which approximately 20
percent came from points outside the State of Texas. During the same
period, the Company refined, sold, and distributed approximately
64 N. L. It. B., No. 255.
1560
COASTAL REFINERIES , INC. 1561
$5,000,000 worth of finished products, of which approximately 80
percent represented shipments to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union of Operating Engineers is a labor organiza-
tion, affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of certain of its employees
until the Union has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IT. THE APPROPRIATE UNIT
In substantial accordance with the agreement of the parties, we
find that all operating and maintenance employees, including com-
mon laborers, janitors, yardmen, mechanics and helpers, carmen,
gaugers, stillmen, power plant operators, laboratory operators, rack-
men, the truck driver, the tool keeper, the warehouseman, the pipe
fitter, the carpenter, the electrician, the welder, the sampler, the
pumper, and shift foremen,2 but excluding guards, watchmen, ad-
ministrative employees, clerical employees, the superintendent, the
office manager, the engineer and chief chemist, the chief gauger and
rackman, the yard foreman, the supervisor in charge of the power
plant, and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the
statusoof employees, or effectively recommend such action, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
1 The Field Examiner reported that the Union submitted 30 cards ; that 28 of these cards
bore the names of employees listed on the Company 's pay roll for the period ending July
31, 1945, and that the pay roll disclosed that there were 76 employees in the appropriate
unit.
2 The parties agree to include these employees . We are persuaded from the record that
they do not fall within the meaning of our customary definition of a supervisory employee
1562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DEIER âIINATION OF REPRESE TATI\ L• S
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
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, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Coastal Refin-
eries, Inc., Taylor, Texas, an election by secret ballot shall be con-
ducted as early as possible, but not later than sixty (60) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Sixteenth Region, acting in this matter as
a3ent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among employ-
ees in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately preceding the date of
this Direction, including employees who did not work during said
pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
International Union of Operating Engineers, A. F. of L., for the
purposes of collective bargaining.
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