The Pure Oil Co.

National Labor Relations Board - Board Decisions

Jul 23, 1945

62 N.L.R.B. 1425 (N.L.R.B. 1945)

In the Matter of TIIE PURE OIL COMPANY (SMI'rFI's BLUFF REFINERY)
and LOCAL 228, OIL WORKERS INTERNATIONAL UNION, CIO
Case No. 16-R-1247.-Decided July 23, 1945
Vinson, Elkins, Weems, and Francis, by Messrs. C. E. Bryson and Allen
C. Hutchison, Jr., of Houston, Tex.; and Mr. J. S. Allen, of Nederland,
Tex., for the Company.
Messrs. L. L. Crane and H. T. Russell, of Port Neches, Tex., and
Mr. F. H. Mitchell, of Ft. Worth, Tex., for the Union.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
r
Upon a petition duly filed by Local 228, Oil Workers International
Union, herein called the Union," alleging that a question affecting com-
merce had arisen concerning the representation of employees of The Pure
Oil Company (Smith's Bluff Refinery), Nederland, Texas, herein called
the Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before William J. Scott, Trial Examiner.
Said hearing was held at Beaumont, Texas, on May 15, 1945. The Com-
pany and the Union appeared and participated. All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case,' the Board makes the following:
'Although the petition was filed by the International Union , it appears that Local 228 is the
organization particularly interested herein
2 Subsequent to the hearing , the Company moved to correct the record in certain respects. No ob-
jection having been made , the motion is granted and the record is corrected accordingly
62 N. L. R. B., No. 195.
1425
1426 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Pure Oil Company, an Ohio corporation with its home office at
Chicago, Illinois, has a refinery at Nederland, Texas, known as Smith's
Bluff Refinery, which is solely involved herein. This refinery is engaged in
the manufacture of gasoline and petroleum products. Approximately 75
percent of the crude oil processed there is shipped to the refinery from the
State of Texas and approximately 25 percent from the State of Louisiana.
Finished products of a value in excess of $1,000,000 are produced by the
refinery each month, substantially more than 50 percent of which is shipped
to points outside the State of Texas.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 228, Oil Workers International Union, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the exclu-
sive bargaining representative of certain of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the Union represents a substantial number of employees in
the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Section
9 (e) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit composed of all employees in the clerical division
of the Company's Smith's Bluff Refinery, excluding supervisory employees'
and confidential secretaries. Contrary to the Union's position, the Company
contends that telephone and telegraph operators, the secretary to the assist-
ant superintendent, and certain other employees discussed below, should
'The Field Examiner reported that the Union submitted 27 authorization cards; that the names
of 26 persons appearing on the cards were listed on the Company 's pay roll; that the cards were all
dated March 1945; and that there are 41 employees in the alleged appropriate unit.
The Trial Examiner stated that at the hearing the Union presented five additional authorization
cards and that the names of all persons appearing on the cards were listed on the Company's pay roll
of April 27, 1945.
* The parties agree that the chief clerk , assistant chief clerks, and chief divisional accountant are
supervisory employees.
THE PURE OI L COM PANY 1427
a
also be excluded. In addition, the Company would exclude the shipping
clerk dispatcher, whereas the Union takes a neutral position with respect
to this employee.
Telephone operator*and telegraph operator: The Company employs one
telephone operator' and one telegraph operator.' There is testimony to the
effect that the telephone operator can overhear, or might overhear, tele-
phone conversations of a confidential nature pertaining to labor relations,
and that the telegraph operator would read, or might read, messages of a
similar type. We do not agree that the evidence affords adequate basis for
their exclusion.'
Secretary to the assistant superintendent 8 It is the duty of the assistant
superintendent as well as that of the stipcrintendent to "direct and super-
vise" the labor policies in the refinery. Their secretaries are interchange-
able and occupy adjacent desks. It is clear that the secretary to the assistant
superintendent,- as well as the secretary to the superintendent," performs
secretarial duties of a nature which involves confidential matters respecting
the Company's labor relations. Accordingly, we shall exclude her.
Miscellaneous supervisory employees- The timekeeper" supervises the
timekeeping department and has three employees under his direction. He
attends foremen's meetings. There is undisputed testimony to the effect that
he has the power effectively to recommend the hire and discharge of the
employees in his department. Accordingly, we shall exclude the timekeeper
from the unit.
The five employees in the yield department are under the direction of
the head of the yield department.' There is tincontradicted testimony in the
record that he has the authority effectively to recommend the hire and
discharge, of the employees under his supervision. We shall, therefore,
exclude him from the unit.
The warehousentan12 supervises the warehouse department and attends
foremen's meetings. He initiates the purchase of normal stocks of material
and approves or vetoes the purchase of material requested by other depart-
ments, subject to the final action of the superintendent He spends more
than one-half of his time in supervision, and he has the power effectively
to recommend the hire and discharge of employees tinder his direction
There is undisputed testimony to the effect that on one occasion he actually
recommended the promotion of an employee, and the Company followed
F Kathryn T Bodenheimer
N 1\T T Riggs
7 See Matter of Phillips Petroleum Company, 61 N. L. R. B' 806, Matter of General Cable
Co) poi ation, 55 N L R B 1143; Matter of Sinclair Rubber, Inc , 62 N L. R B 1183
8 Nornia R Davis
° The parties agree to exclude Rusby P Houghton, the secretary to the superintendent
`j C Q Norton
IL H \V Eddy
12 E \V. Tinley
1428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
f
his recommendation. We shall exclude the warehouseman from the unit.
Shipping clerk dispatcher.13 The shipping clerk dispatcher has full re-
sponsibility for the shipping department and has three to five employees
under his direction. It is, undenied that he has authority effectively to rec-
ommend the hire and discharge of employees in his department. Moreover,
it is undisputed that his recommendations for the promotion of employees
in the shipping department have been followed by the Company. Accord-
ingly, we shall exclude the shipping clerk dispatcher from the unit.
We find that all employees in the clerical division of the Company's
Smith's Bluff Refinery, including the telephone and telegraph operators,
but excluding confidential secretaries," the chief clerk, assistant chief clerks,
chief divisional accountant, timekeeper, head of the yield department, ware-
houseman, shipping clerk dispatcher, and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such action,
constitute a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
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 employees in
the appropriate unit who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction.
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 Relations Board
Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with The Pure Oil Company
(Smith's Bluff Refinery), Nederland, Texas, an election 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 Sixteenth 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 unit
found appropriate 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 the said pay-roll period because they
' H. R Rayburn
14 Davis and Houghton
THE PURE OIL COMPANY 1429
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 those employees who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to the date
of the election , to determine whether or not they desire to be represented
by Local 228 , Oil Workers International Union, CIO, for the purposes of
collective bargaining.