Richfield Oil Corp.

National Labor Relations Board - Board DecisionsJul 8, 1942

42 N.L.R.B. 175 (N.L.R.B. 1942)

In the Matter of RICHFIELD OIL CORPORATION and SAILORS' UNION OF THE PACIFIC, A F L Case No R-3939 -Decided July 8, 1942 -Jurisdiction : water transportation industry Investigation and Certification of Representatives existence of question re- fusal-to accord petitioner recognition unless certified by the Board, election necessary Unit Appropriate for Collective Bargaining : all unlicensed personnel in the deck department of the Company's Pacific Coast oil tankers Mr Reginald W Ragland and Mr P C Lamb, of Los Angeles, Calif , for the Company. Mr. I B Padway and Mr Harry Lundeberg, of San Francisco, Calif , foi the S U P Mr Charles W Schneider, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Sailors' Union of the Pacific, A F L, heieni called the S U P , alleging that a question affecting commerce had arisen conceining the, representation of employees of Richfield Oil Coipoiation, Los Angeles, California, herein called the Company, the National Labor Relations Board provided for an appi opriate heating upon due notice before Robert C Moore, Trial Examiner. Said hearing was held at Los Angeles, California on_June 9, 1942. The Company-and the S U P appeared and participated., All par- ties were afforded full opportunity to be heard, to examine and cross- examine witnesses, grid to introduce evidence bearing on the issues The Trial Examiner's rulings made at the hearing are free from prejudicial el. ror and are hereby affirmed Upon the entiie recoid in the case, the Boaid makes the following ' National Maritime Union ( CIO), herein called the N M U, although served with due notice , did not appear 42 N L R 13, No 37 175 176 DECISIONS OF NATIONAL LABOR RELATIONS) BOARD FINDINGS OF FACT I THE BUSINESS OF 1HE COMPANY Richfield Oil Coiporation is a Delaware corporation having its principal place of business at Los Angeles, Cahfoinla The Com- pany is engaged in the production of crude oil and natural gas, and the manufacture, sale, and distiibution of petroleum products in the States of California, Washington, Oregon, Aiizona, Nevada, Idaho, and Utah During 1941, about 37 peicent of the Company's piod- ,ucts was shipped to States other' than California and about 63 per- cent was sold within the State of California, the territory of Hawaii, and other points outside the United States In connection with its business, the Company operates 7 oil tankers which are engaged in the transportation of the Company's products from West Coast ports II. THE ORGANIZATION INVOLVED Sailors' Union of the Pacific is a labor organization affiliated with Seafarers International Union of North America and the American Federation of Labor, admitting to membership employees of the Company III THE QUESTION CONCERNING REPRESENTATION The parties stipulated that the Company refused to recognize the S. U P as collective bargaining representative unless it was certified by the Board "A -report of the Regional Director, introduced into evidence at the hearing, indicates that the S U P. and the N M. U represent employees within the unit which we hereinafter find to be appro- priate 2 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. 2 The S U P submitted to the Regional Director 3 petitions designating the S U P as bargaining agent , dated October 24, November 4, and November 22, 1941 The peti- tions contained 28 apparently genuine original signatures , 11 of which were names of persons on the Company's December 31, 1941 , pay roll , listing 71 unlicensed employees in the deck department The S U P also presented to the Trial Examiner a similar petition signed by 10 purported employees of the deck department of the S S "Tapila" operated by the Company The petition was dated May 21, 1942 Four of the ten sigra- tures were on the December 31 pay roll The N Al U submitted to the Regional Director 65 authorization cards dated between July 5 and September 29, 1941 All bore apparently genuine original sign ituies Six of the signatures were names of unlicensed deck employees on the December 31 pay roll , 17 were names on the December 31 pay roll of all unlicensed personnel , listing 179 such emplo3 ees , RICHFIELD OIL CORPORATION IV. THE APPROPRIATE UNIT 177 The S U P. contends that all unlicensed personnel in the deck department of the Company's Pacific Coast oil tankers constitute an appropriate unit The Company stated no position. In March 1938 , we found that unlicensed deck personnel of the Com- pany's Pacific Coast oil tankers constituted an appropriate unit,' and, after an election, we certified the S U. P. as the exclusive representative of the employees in such unit 4 On February 15,_1939, the Company and the S. U P entered into a contract for 1 year for the unlicensed deck personnel By vii tue of an automatic renewal clause the contract was automatically i enewed in 1940 and in 1941, but on January 9, 1942, the Company gave notice that it desired to terminate the agreement as of Febiuaiy 15, 1942 On this record we are of the opinion , and find, that all unlicensed personnel in the deck department of the Company 's Pacific Coast oil tankers constitute an appropriate unit 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 aiisen be resolved by an election by secret ballot In view of the present uncertainty as to the airival, departure, routes, and personnel of vessels under the Company 's present opera- tions, we shall direct that the Regional Director for the Twenty-first Region, under whose direction the election will be held , shall deter- mine the exact time, place , and procedure for giving notice of the election and for balloting Those eligible to vote will be those em- ployees in the appropriate unit who are employed on each vessel at the time balloting takes place on that vessel , provided , however, that no employee shall vote more than once 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, 49 Stat 449, and puisuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Richfield Oil 'Matter of Richfield Oil Co, of California and Sailor's Union of the Pacific, 5 N R B 803 Matter of Richfield Oil Co, of California and Sailors' Union of the Pacific, 8 N R B 428 472814-42-vol 42-12 L L 178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Corporation, Los Angeles, California, an- election by secret ballot shall be conducted as soon as convenient and beginning as promptly -as is practicable after the date of this Direction in conformity with the instructions set forth in Section V, above, for the conduct of such election, under the direction and supervision of the Regional Director for the Twenty-first Region, acting in this matter as agent for the National Labor Relations Board and subject to Aiticle 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, to determine whether they desire to be represented by Sailors' Union of the Pacific, affiliated with the American Federation of Labor, or by National Â°Mhiritime Union, aflil'iated with the Congress of Industrial Organiza- tions, for the purposes of collective bargaining, or by neither.