Standard Oil Development Co.

National Labor Relations Board - Board Decisions

Jul 21, 1944

57 N.L.R.B. 560 (N.L.R.B. 1944)

In the Matter Of STANDARD OIL DEVELOPMENT' COMPANY (,BAYONNE
PLANT ) and STANDARD REFINERY UNION , INC.' ( UNAFFILIATED)
In the Matter of STANDARD OIL DEVELOPMENT COMPANY ( BAYONNE
PLANT,) and STANDARD REFINERY UNION , INC. (UNAFFILIATED)
In, the Matter of STANDARD OIL' DEVELOPMENT COMPANY ,( BAYONNE
PLANT ) and STANDARD REFINERY UNION, INC. . (UNAFFILIATED)
In the Matter Of STANDARD On, DEVELOPMENT COMPANY ( BAYONNE
PLANT ) and STANDARD REFINERY UNIONi ' INC.'• '(UNAFFILIATED)
Cases Nos. 2-R-4851, 2-R-4854, 2-R-4855 and 9-R-4856 respec-
tively.-Decided Jul? 21,1944'
Mr. C. Horace Tuttle, of New York City, for the Company.
Mr. John,,F. X. Landrigan ; of-Bayonne , N. J:, for the Union.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
,DIRECTION OF ELECTIONS
AND
ORDER '
STATEMENT OF THE CASE
Upon petitions duly filed by Standard Refinery Union, Inc., .(,un-
affiliated), herein called the Union, each alleging that a question af-
fecting commerce had arisen concerning the representation of
employees of Standard Oil Development Company (Bayonne Plant),
Bayonne, New Jersey, herein called the Company, the National Labor
Relations Board consolidated the cases and provided for an appro-
priate hearing upon due notice before John J. Cuneo, Trial Exam-
iner. Said hearing was held at Jersey City, New Jersey, on June
26, 1944. The Company and the Union appeared, participated, and
were afforded full opportunity to be heard, to examine and, cross-ex-
amine witnesses, aind to introduce evidence bearing on the issues. The
rulings of the Trial Examiner made at- the'hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
opportunity to file briefs with the Board.
• 57 N L. R. B., No. 101.
560
STANDARD,OIL DEVELOPMENT COMPANY 561
The Union moved at the hearing to withdraw its petition in Case
No. 2-R-4854, and the Company did not object to the granting of this
motion. Ruling on the motion was reserved for the Board. The
motion is hereby granted.
Upon the entire record in the case,, the Board makes the following :
FINDINGS OF FACT
I. 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 Standard
Inspection Laboratory at Bayonne,'New Jersey; located within ' the
confines ' of the Bayonne Refinery.2 Only the latter laboratory is
directly, involved in this proceeding. During the year 1943, the Com-
pany rendered services to Standard Oil Company of New-Jersey val-
ued at more than $900,000, and to Standard Oil Company of Louisi-
ana 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' S,anco 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.
II. THE ORGANIZATION-INVOLVED'
Standard Refinery Union, Inc:; is an unaffiliated labor organization,
admitting to membership employees of the Company.
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.
2 The Bayway Refinery and the Bayonne Refinery are owned and operated `by Standard
Oi1.Company of New Jersey , a Delaware corporation, which is an affiliate of Standard Oil
'Company. do addttion`to'the above-mentioned laboratories , the Company directly supports
,and coordinates 'a' third engineering research and development , laboratory belonging to
'Standard Oil Company of Louisiana, another affillate of Standard Oil Company , as well
as other ma jor technical-facilities and stations. •
' Stanco Distributors, Inc., is a -subsidiary of Standard Oil Company;
, , ' . . , _501248=45-=vo1 :'57-37
562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTIONS CONCERNING REPRESENTATION
In or about the early part of May 1944, the Union informed the
Company that it claimed to represent a, majority of, the latter's em-
ployees at the Bayonne Plant, and sought recognition as the bargain-
ing representative, of such employees. The Company advised the
Union that it would not recognize any labor organization as the ex-
clusive collective bargaining representative of its employees in the
absence of certification by the Board.
Statements of a Field Examiner of the Board, introduced into evi-
dence at the hearing, have been compiled in a table below.' These
statements indicate that the Union represents a substantial number of
employees in the units hereinafter found to be appropriate.
We find that questions affecting commerce have arisen concerning
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 UNITS
We find, in accordance with stipulations of the parties, that each
of the following groups of the Company's employees constitutes a
unit appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act : 5
(1) All clerical employees at the Bayonne Plant, excluding all ex-
ecutives and supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action;
(2) All mechanical and utility employees at the Bayonne Plant,
excluding all 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;
(3) All analysts, inspectors, and junior inspectors at the Bayonne
Plant, excluding all executives and supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action.
4 See the following table:
No em- No. union
Case No. Type of unit
.
ploye designationcardsin unit t submitted
2-R-4851------------ Clerical employees------------------------------- 5 4
2-R-4855 ------------ Mechanical and utility employees----------------- 5 3
2-R-4856 ------------ Analysts and inspectors ___________________________ 25. 23
6 See Appendix A attached hereto for further stipulations concerning these units.
STANDARD OIL DEVELOPMENT COMPANY 563
V. THE DE'ER.MINATION OF REPRESENTATIVES
_We shall direct that the questions concerning representation which
have arisen be resolved by separate elections by secret ballot among
the employees in the appropriate units who were employed during the
pay-roll period immediately preceding,the date of our Direction ' of
Elections herein, subject to the limitations and additions set forth
therein. I _ ' I
DIRECTION OF ELECTIONS
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 Relations
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 (Bayonne Plant), Bayonne, New Jersey, separate
elections 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
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Sections 10 and 11, of said Rules and
Regulations, among the employees in the units found appropriate in
SectioniIV, above, who were employed during the ps,y-roll period im-
mediately 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 excludilig any who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date of
the elections, to determine in each instance whether or-not they desire
to be represented by Standard Refinery Union, for the purposes of
collective bargaining.6
ORDER
Upon the entire record in the case, the' National Labor Relations
Board hereby- orders that the motion of Standard Refinery Union,
Inc. (unaffiliated), to withdraw its petition in Case No. 2-R-4854 be,
and it hereby is,. granted.
APPENDIX A
Respecting the units in Cases Nos. 2-R-4851, 2-R-4855, and 2-R7
4856, the parties stipulated as follows :
'The union indicated a preference that its name appear on the ballots as set forth in
the Direction of Elections
1
564 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD
(1) That the terms "analysts, inspectors, and junior inspectors"
used in the description of the unit in Case No. 2-R-4856 shall include,
and shall be deemed to include, all employees so classified by the Com-
pany who may not have a college degree and who do only routine
laboratory work.
(2) That the terms "executives and supervisory employees" used
in describing exclusions from the units in Cases Nos. 2-R-4851, 2-8-
4855, and 2-R-4856 shall include, and shall be deemed to include, the,
officers of the Company, all department heads, division heads, section
heads, group heads, and other supervisors 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 ex-
cluded executives and supervisory employees immediately in charge of
the employees included within the units are as follows :
Name : ' Classifcation
A. A. Williams--------------------------- Section Head
H., R. Stacey_____________________________ Group Head A
E. L. Ruh-------- __________________Group Head A
K. C. Combs_____________________________ Group Head B
R. M. Long ---------------------- ______Group Head B
J. L.Philips----------------------------- Group Head B
E. B. Wirth_'_____________________________ Group Head C
W. H. Schaer----------------------------- Specialist C
E. H. Bengough----------- _--------------- Senior Clerk I