Shell Oil Co.

National Labor Relations Board - Board Decisions

Sep 16, 1938

8 N.L.R.B. 920 (N.L.R.B. 1938)

In the Matter of SHELL OIL COMPANY and INTERNATIONAL ASSOCIA-
TION OF OIL FIELD GAS WELL AND REFINERY WORKERS OF AMERICA
Case No. R-551
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
August 1(1, 1038
0 On May 24, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in
the above-entitled case. The Direction of Election provided that
on election by secret ballot be held within thirty (30) days from
the date of the Direction among five groups of employees of Shell
Oil Company of California which, when taken together, constituted
all employees of Shell Oil Company of California, as of November
15, 1937, engaged within the State of California in the production,
pipe-line, and refinery departments and the-autonnotive and telephone
departments operated in conjunction therewith, excluding clerical
employees and supervisory employees having the power to hire and
fire, and excluding also employees who had quit or had been dis-
charged for cause since November 15, 1937. A separate ballot was
to be prepared for each of the five groups and the election was to
determine : in the case of group 1, whether the employees in such
group desired to be represented by the Oil Workers International
Union or by the International Association of Machinists or by
neither; in the case of group 2, whether the employees in such group
desired to be represented by the Oil Workers International Union
or by the International Brotherhood of Electrical Workers or by
neither; in the case of group 3, whether the employees in such group
desired to be represented by the Oil Workers International Union
or by the International Brotherhood of Blacksmiths, Drop Forgers,
and Helpers or by neither ; in the case of group 4, whether the em-
ployees in such group desired to be represented by the Oil Workers
International Union or by the International Brotherhood of Boiler
^7N.L.R B 417
8 N L. It B, No 113
920
DECISIONS AND ORDERS - 921
Makers, Iron Ship Builders, Welders, and Helpers of America or
by neither; and in the case of group 5, whether the employees in such
group desired to be represented by the Oil Workers International
Union or by the Oil Industry Metal Trades Council of California
or by neither.
Pursuant to the Direction, an election by secret ballot was con-
ducted on June 20, 21, and 22, 1938, among employees in each of the
five groups therein specified. Full opportunity was accorded to all
of the parties to this investigation to participate in the conduct of
the election by secret ballot and to make challenges. On June 29,
1938, Towne Nylander, Regional Director for the Twenty-first Region
(Los Angeles, California), acting pursuant to Article III, Section
9, of National Labor Relations Board Rules and Regulations-
Series 1, as amended, issued five separate Intermediate Reports Upon
Secret Ballot, copies of which were duly served upon all parties to
the proceeding. On July 6, 1938, after having been advised by the
International Brotherhood of Boiler Makers, Iron Ship Builders,
Welders, and Helpers of America that typographical errors existed
in the Intermediate Report covering the ballot of employees in
group 4, the Regional Director issued an Amended Intermediate
Report Upon Secret Ballot, covering the ballot of such group. No
other exceptions to the Intermediate Reports or Amended Inter-
mediate Report have been filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
GROUP I
Total number eligible------------------------------------ 351
Total number of ballots counted-------------------------- 234
Total number of votes for Oil Workers International Union
(C I. 0 )--------------------------------------------- 104
Total number of votes for International Association of
Machinists (A F L )---------------------------------- 67
Total number of votes for neither -------_---------------- 63
Total number of blank ballots ----------------------------- 0
Total number of void ballots------------------------------ 1
Total number of challenged votes------------------------- 3
GROUP 2
Total number eligible------------------------------------ 114
Total ballots cast--------------------------------- 79
Total number of blank ballots____________________________ 0
Total number of void ballots------------------------------ 0
Total number of votes for Oil `workers International Union
(C. I. 0.)---------------------------------------------- 31
Total number of votes for International Brotherhood of
Electrical Workers ( A. F. L.) -------------------------- 45
Total number of challenged votes------------------------- 1
Total number of votes for neither------------------------ 3
922 NATIONAL LABOR RELATIONS BOARD
GROUP 3
Total number eligible------------------------------------ 9
Total ballots cast---------------------------------------- 7
Total number of blank ballots---------------------------- 0
Total number of void ballots------------------------------ 0
Total number of votes for Oil Workers International Union
(C. I. 0.) --------------------------------------------- 0
Total number of votes for International Brotherhood of
Blacksmiths, Drop Forgers and Helpers (A. F. L.) ------ 1
Total number of challenged votes------------------------- 0
Total number of votes for neither------------------------ 6
GROUP 4
Total number eligible------------------------------------ 73
Total number ballots cast--------------------------------- 61
Total number of blank ballots---------------------------- 0
Total number of void ballots---------------------------- 0
Total number of votes for Oil Workers International Union
(C. I. 0.) --------------------------------------------- 26
Total number of Votes for International Brotherhood of
Boilermakers. Iron Ship Builders, Welders & Helpers of
Am. (A. F. L )------------------------------- -------- 26
Total number of challenged votes------------------------- 0
Total number of votes for neither-------------------------- 9
GROUP 5
Total number eligible to vote----------------------------- 2, 799
Total number of ballots counted-------------------------- 2,166
Total number of votes for Oil Workers International Union
(C. I. 0.) --------------------------------------------- 1,427
Total number of votes for Oil Industry Metal Trades Council
of California `(A. F. L.) ------------------------------- 242
Total number of votes for neither------------------------- 497
Total number of blank ballots---------------------------- 1
Total number of void ballots----------------------------- 3
Total number of challenged votes------------------------- 130
In the Decision and Direction of Election 2 previously referred
to, we stated that upon 'the results of the ballots would rest the deter-
mination of the unit or units appropriate for the purposes of collec-
tive bargaining. We stated also that all groups in which a majority
was returned for Oil Workers International Union would be con-
solidated into a single collective bargaining unit, but that a separate
collective bargaining unit would be established for each group in
which a majority of the employees chose the union opposing the
Oil Workers International Union on the ballot. From the above
results it is apparent that two of the ballots have been indecisive.
Of the three remaining groups, two have chosen different repre-
sentatives, while in the third a majority of the votes were cast for
neither union.
2 7 N. L. R. B. 417.
DECISIONS AND ORDERS 923
It has been our practice, in instances of a ballot resulting similarly
to group 1 above, to direct a run-off election, upon request of the
union receiving the greater number of votes, to determine whether or
not the employees desire to be represented by such union, for the pur-
poses of collective bargaining.3 The Regional Director has forwarded
to the Board a request in writing frem Oil Workers International
Union for such a run-off election. The Board finds that a run-off elec-
tion should be held and will so direct.
In the case of group 4, where the ballot has resulted in an equal
number of votes for each of the two contesting unions, written requests
have been received from both the Oil Workers International Union
and the International Brotherhood of Boiler Makers, Iron Ship Build-
ers, Welders and Helpers of America for a run-off election to resolve
the question concerning the choice of representatives for purposes of
collective bargaining. The Board is of the opinion that another elec-
tion should be held for employees within this group, since both unions,
having together received a large majority of the votes cast, desire such
an election. The ballot used will be the same in all respects as in the
previous election, the second election being held for the sole purpose of
recording the results of any possible change of position or additional
participation on the part of eligible employees. The Board will, there-
fore, direct such an election.
Because of the two indecisive ballots and of our decision to order
a further election, we cannot make a final determination at this time
concerning the unit or units appropriate for the purposes of collective
bargaining. We will, therefore, merely direct an election at this time
and will withhold formal certification of representatives for the two
groups in which a majority of the employees chose one or the other
of the contesting unions and dismissal of the petition in so far as it
relates to the group in which the ballot has resulted in a majority vote
for neither union until such time as conclusive results in all five groups
are known.
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
and pursuant to Article III, Sections 8 and 9, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for collective bargaining with
Shell Oil Company of California, San Francisco, California, an elec-
'Matter of Interlake Iron Corporation and Amalgamated Acsoeiation of Iron, steel and
Tin Workers of North America, Local No 1657, 4 N. L R B 55, and Matter of Fedders
Iffg . Co and Lodge No. 1753, Amalgamated Association of Iron , Steel, and Tin Woikers of
North America, 4 N L R. B. 770.
924 NATIONAL LABOR RELATIONS BOARD
tion by secret ballot shall be conducted within thirty (30) days from
the date of this Direction 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 Article
III, Section 9, of said Rules and Regulations :
Among all employees listed on Intervenors' Exhibit No. 11, intro-
duced in evidence at the hearing conducted in this proceeding from
November 22 to December 23, 1937, except those who have quit or have
been discharged for cause since November 15, 1937, to determine
whether or not they desire to be represented by the Oil Workers Inter-
national Union, for the purposes of collective bargaining; and
Among all employees listed on Intervenors' Exhibit No. 15, intro-
duced in evidence at the hearing conducted in this proceeding from
November 22 to December 23, 1937, except those who have quit or have
been discharged for cause since November 15, 1937, to determine
whether they desire to be represented by the Oil Workers International
Union or by the International Brotherhood of Boiler Makers, Iron
Ship Builders, Welders, and Helpers of America, for the purposes of
collective bargaining, or by neither.