Standard Oil Co. of New Jersey

National Labor Relations Board - Board Decisions

Sep 24, 1941

35 N.L.R.B. 750 (N.L.R.B. 1941)

In the Matter of STANDARD OIL COMPANY OF NEW JERSEY, MARINE DE-
PARTMENT and ESSO RADIO OFFICERS ASSOCIATION
In the Matter Of STANDARD OIL COMPANY OF NEW JERSEY, MARINE
DEPARTMENT and COMMERCIAL TELEGRAPHERS UNION, MARINE Di-
VISION, A. F. OF L.
Cases Nos. R-2771 and R-2772 respectively.Decided September
4, 1941
Jurisdiction : water transportation industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by the Board; prior certifica-
tion of rival organization no bar to; contract with rival organization no bar
to; election necessary.
Unit Appropriate for Collective Bargaining : all radio operators of all ocean-
going tank vessels owned and operated by the Company under American reg-
istry ; stipulation as to.
Mr. Richard J. Hickey, for the Board.
Mr. Luke W. Finlay, of New York City, for the Company.
Mr. Joseph A. Doran, of New York City, for the E. R. O. A.
Ornstein & Silverman, by Mr. Henry H. Silverman, of New York
City, for the C. T. U.
Boudin, Cohn & Glickstein, by Mr. Irving R. Feinberg and Mr.
Harry A. Morgan, of New York City, for the A. C., A.
Mr. A. V. Cherbonnier, of New York City, for Panama Transport
-Company.
Mr. Robert S. Fousek, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 6, 1940, Esso Radio Officers Association, an unaffiliated
labor organization, herein called the E. R. O. A., filed with the Re-
gional Director for the Second Region (New York City) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of Standard Oil Company of New Jersey,
35 N. L. R. B., No. 166.
750
STANDARD OIL COMPANY OF NEW JERSEY ET AL. 751
Marine Department, New York City, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
,449, herein called the Act. On March 6, 1941, the National Labor Re-
lations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act, and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, ordered an
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice. On March
25, 1941, the Regional Director issued a notice of hearing, copies of
which were duly served upon the Company, E. R. O. A., Commercial
Telegraphers Union, Marine Division, A. F. of L., herein called the
C. T. vT., and American Communications Association, C.` I. 0., herein
called the A. C. A., labor organizations claiming to represent employees
directly affected by the investigation.
On March 27,1941, the C. T. U. also filed with the Regional Director
for the Second Region a petition alleging that a question had arisen
concerning the representation of employees of the Company and re-
questing an investigation and certification of representatives pursuant
to Section 9 (c) of the Act.
Pursuant to notice, a hearing was held on the petition filed by the
E. R. O. A. on March 31, 1941, at New York City, before Gustaf B.
Erickson, the Trial Examiner duly designated by the Chief Trial
Examiner. In view of the petition filed by the C. T. U. on March
27, 1941, the hearing was adjourned on March 31, 1941, until further
notice.
On March 31, 1941, on the basis of the petition filed by the C. T. U.,
the Board, acting pursuant to Section 9 (c) of the Act and Article
III, Section 3 and 'Section 10 (c) (2), of National Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered an
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice, and further
ordered that the two aforesaid cases be consolidated. On May 7,
1941, the Regional Director issued a notice of hearing, copies of which
were duly served upon the Company, E. R. O. A., C. T. U., and the
A. C. A. Pursuant to notice, a hearing, which was in effect, a continu-
ance of the hearing begun on March 31, 1941, was held on July 17,
1941, at New York City, before W. P. Webb, the Trial Examiner
duly designated by the Chief Trial Examiner. All parties were rep-
resented by counsel and participated in the hearing both on March
31 and July 17, 1941. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties.
752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During the course of the hearing, the A. C. A. moved to dismiss the
petition filed by the E. R. O. A. The Trial Examiner reserved ruling
on this motion. The motion is hereby denied. During the course
of the hearing, the Trial Examiner made several rulings on other
motions and on objections to the admission of evidence. The Board
has reviewed these rulings 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
I. THE BUSINESS OF THE COMPANY
Standard Oil Company of New Jersey, a wholly owned subsidiary
of Standard Oil Company, is a Delaware corporation with offices
of the Marine Department located in New York City. The Com-
pany owns and operates refineries for the refining of crude petro.
leum in Bayonne , Linden, and Jersey City, New Jersey , and in Balti-
more, Maryland , and Charleston , South Carolina . The crude petro-
leum is transported to these refineries from States other than the
States in which the refineries are located , and from foreign nations
by ocean -going vessels. A substantial proportion of the petroleum
and petroleum products refined at these plants is transported ,to States
other than the States in which the refineries are located . The Com-
pany also owns and operates about 59 American flag ocean going tank
vessels with a total tonnage of approximately 504,992 gross tons in
which it transports approximately 125,000,000 barrels of petroleum
and petroleum products annually. Approximately 90 per cent of
the voyages made by these vessels are for the purpose of transporting
cargo for the account of the Company or its affiliated or associated
companies.
The Company admits that it is engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Esso Radio Officers Association is an unaffiliated labor ' organiza-
tion admitting to membership radio operators on vessels owned and
operated by the Company.
Commercial Telegraphers Union is a labor organization, affiliated
with the American Federation of Labor, admitting to membership
radio operators on vessels owned and operated by the Company.
American Communications Association is a labor organization,
affiliated with the Congress of Industrial Organizations, admitting
to membership radio operators on vessels owned and operated by the
Company.
STANDARD OIL COMPANY OF NEW JERSEY ET AL.
III. THE QUESTION CONCERNING REPRESENTATION
75
On August 30, 1940, the E. R. O. A. wrote to the Company stating
that it believed that it represented a majority of the radio operators
of the Company and requesting a conference for the purposes of nego-
tiating an agreement. The Company replied on September 16, 1940,
stating that in view of the fact that the Board had, on August 13,
1938, certified the A. C. A. as the exclusive bargaining agent for the
Company's radio operators, it "must decline to meet" with the E. R.
O. A. until advised to the contrary by the Board.
The A. C. A. contends that its certification on August 13, 1938,.
constitutes a bar to this proceeding. We find that the prior certifi-
cation does not, constitute a bar to this proceeding., At the hearing
the A. C. A. also introduced a copy of an agreement reached with
the Company dated November 4, 1938, which it asserts as a bar to this
proceeding. The agreement provides that it "shall continue until
April 1, 1939, and if not terminated shall continue for yearly periods
thereafter subject to thirty days' notice." We find that the contract
does not constitute a bar to this proceeding.2
A statement of the Field Examiner introduced in evidence discloses,
that each union represents a substantial number of employees in the
alleged appropriate unit.3
We find that it question has arisen concerning the representation
of the employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON`
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I, above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
'Matter of Tennessee Copper Company and American Federation of Labor, 25 N. L R B.
218.
2 Matter of Gulf Refining Company and Federal Labor Union No. 22191, affiliated with
the American Federation of Labor, 25 N. L. R. B. 745.
3 The E. R 0 A. submitted 22 applications for membership cards, and 12 letters ad-
dressed to the E. R. O. A pledging support Fourteen of the cards were dated in 1940,
and 8 bore 1941 dates . The letters were dated in 1940. All the cards and letters bore
signatures of persons listed on the Company's pay roll of January 23 , 1941. The A C, A
submitted 9 authorization cards dated between October 1939 and December 1940. All
were signed and 4 bore signatures of persons on the Company 's pay roll of January 23,
1941. The C . T. U. submitted 27 application and 8 authorization cards. Ten are dated
in 1937 , 1 in 1938, 10 in 1939 , 10 in 1940 , and 4 are undated . All are signed and all
the signatures are those of persons on the Company 's pay roll of January 23, 1941.
There are approximately 75 operators in the alleged appropriate unit.
754 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
All parties stipulated and we find that all radio operators of all
ocean-going tank vessels owned and operated by the Company under
American registry constitute an appropriate unit for the purposes
of collective bargaining.4 We find further that said unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot . At the hearing A. C. A. and E. R. O. A.
requested that eligibility to participate therein should be determined
by the pay roll of March 31, 1941 , and C. T. U. suggests that the
pay roll of June 26 , 1941 , be used. No compelling reason appears,
however, for us to depart from our usual practice . Accordingly,
we' find that the employees eligible to vote in the election shall be
those employees in the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the Direction
of Election , herein, subject to such limitations and additions as are
set forth in the Direction.
We shall direct that this election be held as promptly as is prac-
ticable after the date of this Direction under the direction and super-
vision of the Regional Director for the Second Region who shall
determine in his discretion the exact time, place, and procedure for
posting notices of election and for balloting on each vessel , provided,
however, that each vessel be posted with a notice of election, a sample
ballot, a list of employees eligible to vote, and a notice of time and
place when balloting will be conducted at least 48 hours in advance
of said balloting.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of the Standard Oil Company'of New Jersey,
Marine Department, New York City, within the meaning of Section
9 (c) and Section 2 (6), and (7) of the National Labor Relations Act.
4 In its petition , filed March 27, 1941, the C. T U requested a unit composed of
operators on board ships of foreign as well as of American registry . At the hearing, the
C T U. requested to withdraw its petition without prejudice and with leave to contest
the appropriateness of the unit in any other proceeding The Trial Examiner reserved
ruling on this motion for the Board . The motion to withdraw the petition is hereby
granted
STANDARD OIL COMPANY OF NEW JERSEY ET AL. 755
2. All radio operators of all ocean-going tank vessels owned and
operated by the Standard Oil Company of New Jersey under Ameri-
can registry constitute a unit appropriate for the purposes of collet-'
tive bargaining within, the meaning of Section 9 (b) of the National
Labor Relations Act.
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 Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations 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 purpose of collective bargaining
with Standard Oil Company of New Jersey, Marine Department, New
York City, 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 rules set forth herein-
above for the conduct of such election, under the direction and super-
vision of the Regional Director for the Second 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 radio operators of all ocean-going tank vessels owned and operated
by the Standard Oil Company of New Jersey under American regis-
try who were employed during the pay-roll period immediately pre-
ceding the date of this Direction, including employees who did not
work during such pay-roll period because they were ill or on vaca-
tion or in the active military service or training of the United States,
or temporarily laid off, but excluding employees who have since quit
or been discharged for cause, to determine whether they desire to be
represented by Esso Radio Officers Association, Commercial Teleg-
raphers Union, Marine Division, A. F. of L., or American Com-
munications Association, C. I. 0., for purposes of collective bargain-
ing, or by none of these organizations.
451270-42-vol. 35-49