Shell Oil Co., Inc.

National Labor Relations Board - Board Decisions

Feb 28, 1940

20 N.L.R.B. 1017 (N.L.R.B. 1940)

In the Matter of SIr.LL OIL COMPANY, INCORPORATED and INTERNA-
TIONAL BROTHERHOOD OF *BOILERMAKERS , IRON SHIP BUILDERS,
WELDERS AND HELPERS OF AMERICA, A. F. OF L.
Case No. R-1442.Decided February 928, 1940
Oil Producing and Refining Industry-Investigation of Representatives: peti-
. tion for, dismissed without prejudice , where no question concerning representa-
tion of employees in an appropriate unit has arisen.
Mr. David Sokol, for the Board.
Mr. Thomas Crowe, of Los Angeles, Calif., for the Boilermakers.
Mr. Fred L. Phillips and Mr. R. I. Bruce, of Long Beach, Calif.,
for the Oil Workers.
Mr. Emanuel Butter and Mr. Robert D. Allen, of counsel to the
Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE '
On January 14, 1939, International Brotherhood of Boilermakers,
Iron Ship Builders, Welders and Helpers of America, A. F. of L.,
herein called the Boilermakers, filed with the Regional Director for
the Twenty-first Region (Los Angeles, California) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Shell Oil Company of California, now
Shell Oil Company, Incorporated,' San Francisco, California, herein,
called the Company, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On June
2, 1939, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section
1 It was stipulated by all parties that on April 1 , 1939, Shell Oil Company of California,
incorrectly designated in the formal papers herein as Shell Oil Company ( of California),
merged with Shell Petroleum Corporation , a Virginia corporation , and the name of the
new corporation became Shell Oil Company , Incorporated . At the hearing the Trial
Examiner ordered that the pleadings be amended to show the present name of the com-
pany. The term "Company," unless the context indicates otherwise , is used herein to
designate ' both Shell ' Oil Company of California and Shell Oil Company, Incorporated.
20 N. L. R. B., No..95.
1017
1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3, of National Labor Relations Board Rules and Regulations-
Series 1, as amended, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
On June 22, 1939, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the
Boilermakers, and upon Oil Workers International Union, herein
called the Oil Workers, a labor organization claiming to represent
employees directly affected by the investigation.2 Pursuant to
notice, a hearing was held on July 24, 1939, at Los Angeles, California,
before Thomas H. Kennedy, the Trial Examiner duly designated by '
the Board. The Board was represented by counsel.; the Boilermakers
and the Oil Workers by representatives; and all participated in the
hearing. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues was af-
forded all parties. During the course of the hearing, the Trial Ex-
aminer made rulings on a motion to 'amend the pleadings and on an
objection to the admission of evidence. The Board has reviewed
these rulings of the Trial Examiner and finds that no prejudicial
errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Shell Oil Company of California participated in a previous hearing
conducted by one of the Board's Trial Examiners from December 10,
1936, to January 29, 1937. Pursuant to a written stipulation herein
between the Board and the Company, concurred in by the other
parties at the hearing, it was agreed that the Company "is now oper-
ating in the Pacific Coast States of 'the United States in substantially
the same manner as Shell Oil Company of California" formerly
operated, and that the findings of fact as set forth in the Decision in
the previous case 8 might be introduced into evidence and considered
2 Copies of the notice of hearing and subsequent notices of postponement were also
served upon International Brotherhood of Teamsters , Chauffeurs , Stablemen & Helpers
of America ; International Union of Operating Engineers ; United Association of Journey-.
men Plumbers & Steam Fitters of U. S. and Canada ; International Brotherhood of Elec-
trical Workers ; Oil Industry Metal Trades Council ; International Association of
Machinists ; Central Labor Council of Los Angeles ; and the Los Angeles Industrial Union
Council. None of these organizations made a formal appearance in the proceeding.
s Matter o f Shell Oil Company of California and International Association of Oil Field,
Gas Well and Refinery Workers of America, International Association of Machinists,
International Brotherhood of Boilermakers, Iron Shipbuilders and Helpers , International
Brotherhood of Blacksmiths , Drop Forgers and Helpers, International Brotherhood of
Electrical Workers, and Welders International Association, Intervener, 2 N. L. R . B. 835.
SHELL OIL COMPANY, INC. 1019
by the Board for the purpose, of showing the character of the busi-
ness of the Company in the Pacific Coast area, there having been no
substantial change in the volume of the Company's products shipped
in intrastate and interstate commerce since that Decision. Pursuant
to the stipulation there was introduced into evidence herein a copy
of the Decision in the previous case, issued on May 24, 1937, which
contained under the heading "FINDINGS OF FACT, I. The Company and
its Business," a detailed statement of the corporate structure and busi-
ness operations of Shell Oil Company of California. Those findings of
fact relative to the character and extent of the business of Shell Oil
Company of California are hereby incorporated in and made a part of
this Decision and Order as applicable to the Company.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Boilermakers, Iron Ship Builders,
Welders and Helpers of America, A. F. of L., is a labor organization
affiliated with the American Federation of Labor, admitting to its
membership employees of the Company.
Oil Workers International Union is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to' its
membership employees of the Company.
III. THE APPROPRIATE UNIT
On May 24, 1938, the Board issued a Decision and Direction of
Election 4 in a proceeding involving the claims of several labor or-
ganizations, including the Boilermakers and the Oil Workers, to
represent employees of the Company in its California operations. In
that proceeding the Oil Workers contended, for' a single unit consist-
ing of all employees, with certain exceptions not here pertinent,
engaged in work in the Company's California operations. Four of
the intervening unions, including the Boilermakers, contended that
separate State-wide units established on a craft basis were appropri-
ate. To resolve these conflicting claims, the Oil Workers and the
four intervening unions stipulated and the Board found that separate
ballots should be prepared for employees coming within the juris-
diction of each of the four intervenors and that the employees in
each group should be allowed to choose between the Oil Workers
and that intervenor claiming to represent the employees in the par-
ticular group. By agreement of the parties, each of the four inter-
vening unions prepared and submitted in evidence a list containing
4Matter o f Shell Oil Company and International Association of Oil Field, Gas Well and
Refinery Workers of America, 7 N. L. R. B. 417.
1020 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the names of all employees 'within the unit claimed by it to be
appropriate.5 Pursuant to the results of the elections which the
Board then directed and held, the Board certified collective bargain-
ing representatives for two of these groups as well as for a group
composed of employees not included in the four craft groups 6 The
employees that the Boilermakers, in that proceeding, claimed to con-
stitute an appropriate unit failed to designate any collective bargain-
ing representative and the petition in so far as it related to that group
was therefore dismissed.7
In its petition and at the hearing herein the Boilermakers claimed
that all employees of the Company in the State of California who
are eligible to membership in the Boilermakers' constitute a unit
appropriate for the purposes of collective bargaining. To show
what employees are admitted to its membership, the Boilermakers
introduced into evidence a copy of that part of its constitution which
defines the types of work over which it claims jurisdiction. The
Boilermakers' claim appears to conflict with the units found by the
Board to be appropriated in the earlier proceeding involving the em-
ployees of the Company' and for which the Board certified other
labor organizations as collective bargaining representatives. Fur-
ther, the claim of the Boilermakers is at great variance with its posi-
tion in the earlier proceeding. The Boilermakers introduced no
evidence either to explain this variance or to show that the units
previously found by the Board to be appropriate are now inap-
propriate. Throughout the hearing, also, the Boilermakers refused
either to produce any evidence concerning the actual duties of
employees who would be included in the unit claimed by it to be
appropriate, to define the scope of the" unit by naming the employees
who would be included therein, or to define the unit claimed to be
appropriate in the terms of the Company's pay roll.
The scope of the unit claimed by the Boilermakers to be appropri-
ate is further rendered ambiguous by the Boilermakers' conflicting
contentions, made in its petition and at the hearing, relative to the
number of employees included therein. In the previous proceeding'
to which we have referred, the Boilermakers claimed to represent
a majority of the employees in a unit consisting of 73 employees. In
its petition herein the Boilermakers states that it represents "63
Boilermakers, riveters, caulkers, layout men, inspectors, tank men,
punch-shear men, roll operators, tube rollers, welders, burners, flang
5 The list prepared by the Boilermakers in that proceeding ( Intervenors Exhibit No. 15
therein ) contained the names of 73 employees , of whom, at the time of the hearing herein,
55 were still employed by the Company. At the hearing herein, that list was introduced
into evidence as Board Exhibit No. 6.
6 9 N. L. R . B. 908.
7 10 N. L. R. B. 1370.
SHELL OIL COMPANY, INC. 1021
turners,, Etc. and helpers of the foregoing." According to its pay
roll the Company employs over 400 men as boilermakers, inspectors,
tankmen, welders, burners, and helpers, and none in the other classi-
fications named. At one point in the hearing the Boilermakers'
representative testified that the unit which it claims to be appropriate
consists of only about 15 employees of the Company.
Under all the circumstances we are unable to find that an appro-
priate unit exists within the scope of the Boilermakers' petition and
the evidence introduced at the hearing in support thereof.
On September 28, 1939, the Boilermakers filed a petition to reopen
the hearing herein and offered to submit evidence in support of a
claimed appropriate unit consisting of all boilermakers, tube inspec-
tors, tank inspectors, still inspectors, boiler inspectors, boilermakers'
helpers, boilermakers' welders, and boilermakers' burners employed
by the Company throughout the State of California. But 17 em-
ployees in 3 of these classifications appear on the Company's pay
roll; none in the other classifications appear thereon. It thus appears
that the petition to reopen the hearing also inadequately and ambigu-
ously sets forth the Boilermakers' claim as to the appropriate unit.
Nor does the petition to reopen specify what evidence the Boilermak-
ers would introduce to resolve the ambiguities in the petition. Fur-
thermore, we believe that the entire matter would be better disposed
of by the Boilermakers' filing, if they so desire, an entirely new peti-
tion for an investigation and certification of representatives pursuant
to Section 9 (c) of the Act. The Boilermakers' petition to reopen
the hearing is therefore denied.
IV. THE QUESTION CONCERNING REPRESENTATION
Since as stated in Section III above, we are unable to find an
appropriate unit on the basis of the petition filed herein and the
evidence adduced in support thereof, we find that no question has
arisen concerning the representation of employees of the Company
in an appropriate bargaining unit. We shall order the petition dis-
missed without prejudice, however, to the filing of a further petition
by the Boilermakers.
Upon the basis of the above findings of fact and the entire record
in the case, the Board makes the following:
CONCLUSION OF LAW
No question concerning representation of employees of Shell Oil
Company, Incorporated, San Francisco, California, in a unit which
is appropriate for the purposes of collective bargaining has arisen
within the meaning of Section 9 (c) of the National Labor Relations
Act.
1022 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD
ORDER
Upon the basis of the foregoing findings of. fact and conclusion of
law, the National Labor Relations Board -hereby orders that the
petition for investigation and certification filed by International
Brotherhood of Boilermakers, Iron Ship. Builders, Welders and
Helpers of America, A. F. of L., be, and it hereby is, dismissed
without prejudice. t