Standard Oil Development Co.

National Labor Relations Board - Board Decisions

Jul 21, 1944

57 N.L.R.B. 538 (N.L.R.B. 1944)

In the Matter Of STANDARD OIL DEVELOPMENT COMPANY (BAYWAY
PLANT) and STANDARD OIL DEVELOPMENT COMPANY EMPLOYEES
(UNAFFILIATED)
Case No. 2-R-41182.-Decided July 91, 19/
Mr. C. Horace Tuttle, of New York City, for the Company.
Mr. John F. X. Lanndrigan', of Bayonne, N. J., and Mr. Frank J.
Ward, of Elizabeth, N. J., for the Independent.
Messrs. Alfred Katz, and Bert J. Coffey, of Elizabeth, N. J., for
the C. I. O.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND -
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Standard Oil Development
Company Employees (unaffiliated), herein called the Independent,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Standard Oil Development Com-
pany (Bayway Plant), Linden, New Jersey, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before John J. Cuneo, Trial Examiner.
Said hearing was held at Elizabeth, New Jersey,; on June 23, 1944.
The Company, the Independent, and Oil Workers International
Union, Local 1000-I, C. I. 0., herein called the C. I. 0., appeared,
participated, and were afforded -full opportunity to be heard, to
examine and cross-examine ,witnesses, and to introduce evidence bear-
ing on the issues. The rulings of the Trial Examiner made at the
hearing are free from prejudicial error and are hereby affirmed. All
partie's were afforded opportunity to file briefs with the Board.
Upon the entire record in the case,' the Board makes the following:
I On July 12, 1944 , the parties entered into a stipulation correcting errors in the tran-
script Said stipulation is hereby approved and incorporated in the record.
57 N 'L- R. B., No. 96.
5 38
STANDARD OIL DEVELOPMENT COMPANY 539
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Standard Oil Development Company, a Delaware corporation, is
a wholly owned subsidiary of Standard Oil Company, a New Jersey
corporation. The Company is principally engaged, on -behalf of the
parent organization and its affiliates and subsidiaries, in engineering
research and development work pertaining to technical matters arising
in the oil industry and allied lines. It maintains an engineering
research and development laboratory at, Linden, New Jersey, located
within the physical confines of the Bayway Refinery, and the Stand-
ard Inspection Laboratory at Bayonne. New Jersey, located within
the confines of the Bayonne Refinery.'- Only the former laboratory
is directly involved in this proceeding. During the year 1943, the
Company rendered services to' Standard Oil Company of New Jersey
valued at more than $900,000, and to Standard Oil Company of Louis-
iana valued in excess of,$1,000,000, and carried on development work
for Government agencies valued in excess of $3,500,000. During ,the
same period, the gross sales of chemical products of the Company
amounted to approximately $8,500,000, all of which were made to
Standard Oil Company of New Jersey, or to Stanco Distributors,
Inc.,? within the State of New Jersey. All its purchases were made
in the State of New Jersey from the same companies.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED,
Standard Oil Development Company Employees is, an unaffiliated
labor organization, admitting to membership employees of the Com-
pany.
Oil Workers International Union, Local 1000-I,.is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Shortly prior to July 14, 1943, the Independent sought recognition
from the Company as the exclusive collective bargaifling representa-
tive of certain of the latter's_ employees. The Company refused to
2 The Ray way Refinery and the Bayonne Refinery a, e owned and operated by Standard
Oil Company of New Jersey, a Delaware corporation , which is an affiliate of Standard Oil
Company , In addition to the above-mentioned laboratories , the Company directly supports
and cooidmates a fluid engmeeung research and development laboratory belonging to
Standard Oil Company of Louisiana , another affiliate of Standard Oil Company , as well as
other major technical facilities and stations -
Stanco Distributors, Inc , is a subsidiary of Standard Oil Company.
540 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'recognize the Independent in the absence of certification by the Board.
A statement of a Field Examiner of the Board, introduced into,
evidence at the hearing, indicates that the Independent and the C. 1. 0.
each represents a, substantial -number of employees in the unit herein-
after found to be appropriate.¢ - ,
We find that a question affecting commerce has arisen concern-mg
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
'We find, in accordance with a stipulation of the parties, that all
pilot-plant- operators, mechanics, utility and building maintenance
employees, and truck-drivers employed by the Company at the Bayway
Plant, excluding executives and supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively- recommend such action, con-
stitute a unit appropriate for the purposes 'of collective bargaining
within the meaning of Section 9 (b) of the Act.5
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ,ballot "among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth therein.
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, Section 9, of National Labor Re-
lations Board Rules and Regulations-Series 3, it is hereby '
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Standard Oil De-
velopment Company (Bayway Plant), Linden, New Jersey,, an elec-
tion by secret ballot shall be conducted as early as possible, but not
later than thirty (30) days from the date of this Direction, under
,the direction and supervision of the Regional Director for the Second
* The Field Examiner stated that the Independent had submitted to him 126 membership
application cards , of which ] 13 bore names of persons whose names appeared on the Com-
pany's May 10, 1944 , pay roll, which listed 290 employees in the unit hereinafter found to
be appropriate He further stated that the ' C I . 0 submitted 43 membership application
cards, all of which bore names of persons listed on the above -mentioned pav roll
5 See Appendix A attached hereto for further stipulations concerning this unit.
STANDARD OIL-DEVELOPMENT COMPANY 541
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and `11, of said
Rules and Regulations, among the employees in the unit .found ap-
propriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, including
employees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including employees
in the armed forces of the United States who present themselves in
person at the polls, but excluding any who have since quit or been
discharged for cause, and have not been rehired or reinstated prior
to the date of the election, to determine whether they desire to be
represented by Standard Oil Development Employees, or by Oil
Workers International Union, Local 1000, C. 1-0., for the purposes
of collective bargaining, or by neither.6 .
APPENDIX A
Respecting the appropriate unit, the parties stipulated as follows':
1. That the terms "pilot-plant operators, mechanics, utility and
building maintenance employees, and truck drivers" used in the de-
scription of the unit shall' include, and shall be deemed to include, all
such employees-in the Chemical, the Research, and the Process Divi-
sions of the Esso Laboratories and in the General Business and Ac-
counting Department and the Standard Inspection Laboratory at the
Bayway:Refinery; to wit:
pilot-plant operators carpenters
welders - insulators
boilermakers • ' painters' and helpers
glassblowers janitors
electricians pneumatic tool operators
pipe fitters cement finishers
plumbers window washers
machinists general utility employees,
auto mechanics
That no such employees are employed in the Development Division of
the Esso Laboratories, the General Engineering and Process Engineer-
ing Departments; the Legal and Patent Department Library, and the
Personnel Department:
2. That the following employees in the Chemical, the -Research, the
Process, and the Development Divisions of -the EssO Laboratories and
in the General Bi°isiness and Accounting, General Engineering, Process
Engineering, and'- Personnel Departments, and in the 'Staiidard,.In-
The Independent and the C. I O. expressed preferences at the hearing that their respec-
tive names appear on the ballot as set forth in the Direction of Election'
542 DECISIONS OF NATIONAL LABOR RELATIONS -BOARD
spection Laboratory at the Bayway Refinery and Legal and Patent
Department Library are excluded from said unit, to wit : all
clerical employees (including secretaries, stenographers, typists,
file clerks, messengers, office boys and office girls, and bookkeep-
ing and comptometer operators) •
draftsmen, tracers, and designers
photographers
oil and materials inspectors
analysts and laboratory assistants
professional and technical employees
3. That the term "executives" used in describing exclusions-from the
unit shall, include, and shall be deemed to include, the officers of the
company, all department heads, division heads, section - heads, and
group heads, as the incumbents of such positions have management
responsibilities and perform management functions; and that the
executives immediately in' charge of the divisions in which the
employees included in the unit are employed are as follows :
P. H. Holt Walter M. Basch
Leon R. Joslin D. G. Tomkins
Amiot P. Hewlett Robert T. Chew
F. G. Boettke Joseph P. Haworth
4. That the term "supervisory employees" used in describing ex-
clusions from the unit shall include, and shall be deemed to include,
all supervisors (some of whom' may work on shifts or may be work-
ing foremen having supervisory duties) who have authority to hire,
promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action; and that
the excluded supervisors supervising the employees included in the
-unit are as follows :
Department : -
Research division : Classification
Ernst J. Pressl---------------. Assistant General Foreman
Cornelius J. Snape------ -----_ Foreman I
James Howard---------------- Foreman I
Samual G. Shawger----------- Foreman I
Robert G. Macke Foreman I
Anthony E. Shriner ----------- Foreman I _
Willard Fuhrmann------------ Foreman I
Raymond C. Dowd ------------- Sr. 'Clerk II • •
James A. Wilson -------------- Specialist C
Oliver E. Palmer------------- Intermediate Clerk I
Robert H. Many-------------- Group Head C
Frances E. Calabro------------ Sr. Clerk II
STANDARD OIL DEVELOPMENT COMPANY 543
Department-Continued.
Research Division-Continued . Classification
John Sutherland -------------- Intermediate'Clerk I
Ralph R . Ainsworth----------- Intermediate Clerk I
Alton B. Crampton ___________ Sr. Chemist
Michael M . Gurgo------------- Engineer B
John E. Obert__ ______________ Foreman I
Ernest J. Rehder______________ Foreman I
Edward M. Hoagland -! ------- Foreman I
Theron Schollenberger________ Shift Breaker Foreman'
Process division :
Philip W. Spillane____________ Shift Foreman
John Hnat____________ _______ Shift Foreman
Otto W. Klein------ ---------- Shift Foreman
William H. Norton_______ ____ Shift Foreman
Calvin W. Blaney _____________ Engineer A
Charles W. Foust_____________ Engineer A
'George J. Fox________________ Designer
Harry Diehl __________________ Foreman I
William H. Wright----------- Foreman I
Arendt R. Koos_______________ Foreman I
Theodore Hopf---------- ----- Foreman I
Howard R. Arnold------------ Intermediate Clerk I
David Reddie________________ Intermediate Clerk I
Joseph Paraniak-------------- Foreman II
Building Expense Dept. of the General Business &. Acctg. Office
(Building and Maintenance) :
Theodore A. Manning_____________ Sr. Clerk I
Charles A. Bolleter------------------ Foreman I
Neilse G. Peterson________________ Foreman III
Dave Lutz________________________ Intermediate Clerk I
Chemical Division
Harman V. Hartvigsen ____________ Foreman I
Charles V. Giglio__ ______'_________ Intermediate Clerk I
Walter A. Franks_________________ Foreman III