Humble Oil & Refining Co.

National Labor Relations Board - Board Decisions

Sep 26, 1942

44 N.L.R.B. 518 (N.L.R.B. 1942)

In the Matter of HunIBLE OIL & REFINING Co and LocAI , 316, OIL
WORKERS INTERNATIONAL UNION AND OIL WOPKERS ORGANIZING
CAMPAIGN (CIO)
Case No. R-4195.-Decided September 26,194
Jurisdiction : oil refining industry.
Investigation and Certification of Representatives : Existence of question re-
fusal to accord petitioner recognition until certified by the Bound; election
necessary.
Unit Appropriate for Collective Bargaining : production-,and maintenance em-
ployees at one of Company's refineries, excluding administrative employees,
department beads, assistant department heads, plant coordinators, shift fore-
men, transportation supervisor, chief storekeeper, metal inspectors and junior
metal inspectors, engineers, stenographers, the telephone operator, nurses,
laboratory employees, clerks, storehouse helpers, and plant protection em-
ployees.
Mr. Fontaine Martin, Jr., for the Board.
Mr. J. Q. Weatherly and Mr< W. J. Barnes, of Houston, Tex., for
the Company.
Mr. Herman Wright, of Houston, Tex., for the C. I. O.
Mr. J. E. Mathieu. of Corpus Christi, Tex., for the I. B. E. W.
Mr. Jack Pope, of Corpus Christi, Tex., for the Federation.
Mr. Mozart G. Ratner, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On petition duly filed by'Local 316, Oil Workers International
Union and Oil Workers- Organizing Campaign, affiliated with the
C. I. 0., herein called the C. I.' O., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Humble Oil & Refining Co., Ingleside, Texas, herein called the Com-
pany, the National Labor Relations Board'provided for an appropri-
ate hearing upon due notice before Charles E. Persons, Trial Ex-
44 N. L R. B, No. 94
518
HUMBLE OIL & REFINING CO. '519
aminer. Said hearing was held at Corpus Christi, Texas , on August
24 and 25, 1942. The Company , the C. I. 0., the International Broth-
erhood of Electrical Workers, Local Union No. 278, affiliated with the
American Federation of Labor, herein called the I. B. E. W., and
the Employees Federation of Ingleside, herein, called the Federation,
appeared, participated, and 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.
After the hearing the parties filed briefs which the Board has
considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Humble Oil & Refining Co. is a Texas corporation with its prin-
cipal place of business at Houston, Texas. The Company is engaged
in the production, purchase, and sale of crude petroleum and in the
manufacture from crude petroleum of refined petroleum products.
The Company owns oil wells in the States of Texas, New Mexico,
and Louisiana, and also owns 4 oil refineries located in Texas. At
its refinery at Ingleside, Texas, which alone is involved in this pro-
ceeding, the Company runs approximately 20,000 barrels of crude
petroleum per clay. Approximately 75 percent of the refined petro-
leum produced at the Ingleside refinery is sold f. o. b. boat or tank
ear, Ingleside, Texas, and is transported out of the State of Texas
in interstate and foreign commerce. The Company employs ap-
proximately 500 employees at its Ingleside refinery. We find that the
Company is engaged in commerce within the meaning of the National
Labor Relations Act.
H. THE ORGANIZATIONS IN\ OLVED
Local 316, Oil Workers International Union and Oil' Workers
Organizing Campaign, is a labor organization affiliated with the
Congress of Industrial Organizations, admitting to membership em-
ployees of the Company.
International Brotherhood of Electrical Workers, Local Union No.
278, is a labor organization affiliated with the American Federation
of Labor, admitting to membership employees in the electrical de-
partment of the Company.
Employees Fedei•atibn of Humble Oil & Refining Co. is an Nn-
affiliated labor organization admitting to membership employees of
the Company.
520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
In', August 1937 the Company entered into a contract with the
Federation. The contract provided 'that it was to remain in force
for 1 year after date and thereafter subject to concelation by either
party upon 60 days' notice. The contract was amended in accord-
ance with its terms on January 27, 1938, and again on September 28,
1938. The Federation apparently does not assert that the contract-is
a bar to the present proceeding. : On•July 6, 1942, the C. I. O. sought
recognition as exclusive bargaining agent which the Company re-
fused to grant until the C. I. O. had been certified by the Board.
A statement of the Field Examiner introduced in evidence at the
hearing indicates that both the C. I. O. and the Federation repre-
sent 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 meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act. '
IV. THE APPROPRIATE UNIT
The C. I. O. requests a unit composed of the production and mainte-
nance employees of the Company. The I. B. E. W. contends 'that the
employees. of the Company's electrical department constitute a sepa-
rate appropriate unit. Under the circumstances here present, and
in view of the failure of the I. B. E. W. to offer any evidence tending
to show that those employees desire separate representation, we reject
the contention.
-The Company, the Federation, and- the C. I. 0., agree to exclude
from the proposed. production and maintenance unit employees listed
on the Company's pay roll in the following categories: administrative,
department heads, assistant department heads, two plant coordinators,
shift foremen, transportation supervisor, and chief storekeeper.
The C. I. 0., in addition, wishes to include Henry W. Wier listed
on the pay roll as a plant coordinator. The Company and the Federa-
tion contend that Wier is in the same position as the other two plant
coordinators and should be treated in the same manner.
'The C. I. 0 submitted 230 membership applications of which all except 3 were dated
between May and July 1942 . All of the cards were found to he apparently genuine original
signatures of persons appearing on the Company 's pay roll of July 1, 1942. The Fed-
eration submitted a .notarized statement that 297 employees of the Company were dues
paying members of the Federation as of July 13, 1942. There are approximately 500 em-
ployees in the appropriate unit
At the hearing the I. B. E. W. contended that the Company 's employees in Its , electrical
department constitute a separate appropriate unit, but offered no evidence in support of
its claim to represent any such employees ,
`HUMBLE OIL & REFINING CO. 521
The C. I. 0. wishes to exclude from the unit and the Federation
and the Company wish to include certain employees who were covered
in the contract between the Federation and the Company.
1. Metal inspectors and junior metal inspectors. These employees
inspect equipment and make reports on their findings. They exercise
a high degree of engineering judgment.
2. Engineers. These employees have formal education and perform
highly skilled tasks.
3. Stenographers. The Company employs 11 stenographers, who
are attached to the various operating offices of the plant. The Com-
pany contends they are an integral part of the production unit.
4. Telephone operator.
5. Nurses. The Company employs three nurses who handle first-
aid work in connection with the operations of the plant.
6. Laboratory employees. These employees are engaged in analyz-
ing and testing the Company's products in a laboratory.
7. Clerks. These employees are on a salary basis. They make a
routine check of the various phases of the production process and check
time and stock records. '
8. Storehouse helpers. These employees are likewise on a salary
basis. They work in the storehouse, receiving and , distributing
materials as needed.
9. Plant protection employees. The Company's plant protection
force consists of armed, uniformed guards. The Federation and the
Company contend for their inclusion on the ground that they are
drawn from employees of other departments of the plant and are an
integral part of the Company's production force. -
• The Company and the Federation contend that the plant here
involved is a- single unit closely integrated and' highly unified. The-
plant superintendent testified that it is the policy of the Company
when hiring employees to start them in labor gangs and speedily
train them for advancement within the plant. It is, therefore, con-
tended that all the employees whom the C. I. 0. wishes to exclude
have a community of interest with the production employees and
should be included in the unit. The C. I. 0. contends that it is
its common practice in organizing the oil industry to exclude persons
with formal education or special training in technical fields from
a unit of production and maintenance employees. It further con-
tends that it never organizes armed guards in the same unit as
production and maintenance employees, and that although it some-
times includes laboratory employees whose work is closely associated
with the operations of the plant, it has not attempted to organize
the technical and laboratory employees here involved. The C. I..0.
522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
further asserts that it never includes clerical employees in a production
and maintenance unit.
In view of all the circumstances, including the fact that the unit
requested by the C. I. O. corresponds to the form of organization
prevailing in oil refineries, we find that all the production and main-
tenance employees employed by the Company, excluding administra-
tive employees, department heads, assistant department heads, plant
coordinators,2 shift foremen, transportation supervisor, chief store-
keeper, metal inspectors and junior metal inspectors, engineers,
stenographers, the telephone operator, nurses, laboratory' employees,
clerks, storehouse helpers, and plant protection employees, constitute
a unit appropriate for the purpose of collective bargaining within
the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that- the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of this 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
Relations Act, 49 Stat. 449, 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 Humble Oil & Refining Co., Ingleside, Texas, an election by
secret ballot shall be conducted as early as possible but not later
than thirty -(30) 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 agent for the National Labor Rela-
tions Board and subject'to Article III, Section 9, of said Rules and
Regulations, among the employees of the Company in the unit found
to be appropriate in Section IV, above, who were employed during
the pay-roll period immediately preceding the date of this Direction;
of Election, including employees who did not work during such pay-'
roll period because they were ill or on vacation or in the active
2 Since no distinction can be drawn between Wier, uuhom the C. 1 0 wishes to include,
and the other plant coordinators whom it wishes to exclude, we shall exclude Wier from
the unit.
HUMBLE OIL & REFINING CO. 523
military service or training of the United States or temporarily laid
off, but excluding those who have since quit or been discharged 'for
cause, to determine whether they desire to be rep'resehted by Local
316, Oil Workers International Union and Oil Workers Organizing
Campaign, affiliated with the Congress of Industrial Organizations,
or by Employees Federation of Humble Oil & Refining Co., for the
purposes of collective bargaining, or by neither.