Pan American Refining Corp.

National Labor Relations Board - Board Decisions

Sep 19, 1949

85 N.L.R.B. 1506 (N.L.R.B. 1949)

In the Matter of PAN AMERICAN REFINING CORPORATION, CHEMICAL
DIVISION, EMPLOYER and OIL WORKERS INTERNATIONAL UNION, CIO,
PETITIONER
Case No. 39-RC-99.-Decided September 19, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Elmer Davis,
hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner requests a unit of all production and maintenance
employees excluding temporary employees, guards, office and clerical
employees, and supervisors, as defined in the Act. The Company
agrees that this unit is appropriate but contends that certain em-
ployees, known as operators, whom the Petitioner would include,
should be excluded as supervisors.
The Company operates a chemical plant at Texas City, Texas, using
byproducts from its petroleum refinery to manufacture hydrocarbon
solvents, drying oils, and plasticizers. The chemical division, the one
herein involved, covers about 23 acres, of which half is occupied by
equipment used to convert petroleum byproducts. The division em-
ploys about 70 people and operates 24 hours a day, with a day shift
and 2 night shifts.
85 N. L. R. B., No. 234.
]506
PAN AMERICAN REFINING CORPORATION 1507
There are four full -time operators . One operator is on duty for
each 8-hour shift and the shifts are rotated so that each operator regu-
larly has both day and night duty. During the day shift , the operator
works under the supervision of the general foreman, but on both night
shifts no other supervisor is present and the operator is in full charge
:of all operations . During such periods the operator must circulate
throughout the site occupied by the chemical division checking on the
equipment to see that it is functioning properly . In case of an equip-
ment break-down or other emergency he has the authority to call out
the maintenance men to make the necessary repairs. The operator
also has the authority to change the assignments of the nine men work-
ing under him, and can effectively recommend raises or discharges. He
has power to discipline an employee for a breach of the company rules
and can grant time off when necessary . The record indicates that the
operator spends between two-thirds and three -fourths of his time su-
pervising the activities of the other shift employees.
On these facts we conclude that the operators are supervisors within
the meaning of the Act, and we shall exclude them from the unit.,,
Because of the rotation of the operators on the three shifts, there is,
in addition, one part-time operator who regularly works as an oper-
ator one day out of the week and serves as a helper the rest of the time.
During his shift as an operator , he exercises the same authority and
has the same responsibility as do the full -time operators. As this em-
ployee serves as a supervisor for fixed and substantial periods during
the regular course of his employment , we shall also exclude him from
the unit.2
We find that all production and maintenance employees excluding
office and clerical employees , guards, operators , and all other super-
visors as defined in the Act, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
I See Matter of Public Service Electric and Gas Company of New Jersey , 81 N. L. R. B.
1191 ; Matter of Celanese Corporation of America , 81 N. L. R. B. 1041 ; Matter of Monsanto
Chemical Company, 81 N. L. R. B. 625.
2 Matter of The Texas Company, Salem Gasoline Plant, 85 N. L. R. B. 1211. Chairman
Herzog and Member Houston, though dissenting in that case , deem themselves bound by
the majority decision therein.
857829-50-vol. 85-96
1508 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor Re-
lations Board Rules and Regulations, among the employees in the unit
found appropriate in paragraph numbered 4, above, who were em-
ployed during the pay-roll period immediately preceding the date of
this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, 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 election, and also excluding employees on
strike who are not entitled to reinstatement, to determine whether or
not they desire to be represented, for purposes of collective bargaining,
by Oil Workers International Union, CIO.