The Texas Co.

National Labor Relations Board - Board Decisions

May 20, 1940

23 N.L.R.B. 1022 (N.L.R.B. 1940)

In the Matter of THE TEXAS COMPANY and TEXAS TANKER OFFICERS
ASSOCIATION
Cases Nos. R-1818 and R-1819.Decided May 20, 1940
Petroleum and Petroleum Products Transportation Industry-Investigation
of Representatives : controversies concerning representation of employees; com-'
pany refuses to recognize union as sole bargaining representative for employees
in two separate units until certified by Board-Units Appropriate for Collective
Bargaining : separate units for licensed engineers and licensed deck officers,
respectively , employed on company 's ocean -going vessels: no controversy as to;
masters included within unit composed of licensed deck officers, following previ-,
gus decisions in absence of convincing proof to contrary-Election Ordered
Mr. D. R. Dimick, for the Board. -
Mr. Albert B. Van-Dusen and Mr. Lionel P. Marks, both of New-
York City, for the Company.
Mr. Jo/in J. Collins, of New York City, for the Association.
Mr. J. H. Krug, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On January 11, 1940, Texas Tanker Officers Association, herein
called the Association, filed with the Regional Director for the
Second Region (New York City), two separate petitions, each
alleging that a question affecting commerce had arisen concerning
the representation of employees of The Texas Company, New York
City, herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On March 26, 1940, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Sections 3 and 10 (c) (2), of National Labor Relations
Board Rules and Regulations-Series 2,'as amended, issued its order
consolidating these cases and directing the Regional Director to
conduct an investigation and to provide for an appropriate hearing
upon due notice. On April 15, 1940, the Regional Director issued
23 N. L. R. B., No. 110.
1022
TFYE TEXAS COMPANY 1023
a notice of hearing, copies of which-were-duly served upon the Com-
pany, upon the Association, and upon Marine Engineers' Beneficial
Association, No. 33, a labor organization claiming to represent
employees directly affected by the investigation.
Pursuant to the notice, a hearing was held on April 29 and '30,
1940, at New York City, before E. G. Smith, the Trial Examiner duly
designated by the Board. The Board and the Company were repre=
sented by counsel and the Association by a representative; all partici-
pated in the hearing. Full opportunity to be heard, to examine and
to cross-examine , witnesses, and to introduce evidence bearing on the
issues was afforded all parties. During the course of the hearing
the Trial Examiner made several rulings on motions. The Board
has reviewed the 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
I. THE BUSINESS OF THE COMPANY
The Texas Company is a wholly owned operating subsidiary of
Texas Corporation; both are Deleware corporations. The Texas
Company is engaged in the production, refining, marketing, and
transportation of petroleum products. The Company's refineries are,
located in the States of Texas, Oklahoma, Louisiana, Kentucky ,•Illi'
nois, Wyoming, and Colorado.
This proceeding concerns certain employees in the Company's,
marine departments. The Company owns and operates through its
marine departments 2G vessels, including ocean-going tank vessels
and coastal tank vessels, having a total tonnage of approximately
182,000 gross tons . These vessels transport approximately 40,000,000
barrels of petroleum or its products annually. The majority of their
voyages are between United States ports in the Gulf of Mexico and
United States Atlantic Coast ports and foreign countries. The trans-
portation of the Company's products by these vessels is world-wide.
On each of the vessels is employed a master, first mate, second mate;
and third mate, and a chief engineer, first assistant engineer, second
assistant engineer, and third assistant engineer. These are the em-
ployees with whom this proceeding is concerned.
IL THE ORGANIZATION INVOLVED
Texas Tanker, Officers Association is a labor organization not affili-`
rated with any other body. It admits. to membership the licensed
engineers and licensed deck officers-employed -by the Company. ' ' -`
1024 DECISIONS OF NATIONAL,LABOR ;RELATIONS BOARD `
rIII. TIHE ,QUESTIONS CONCERNING REPRESENTATION
The Association has requested the Company to recognize it as the
exclusive bargaining representative for the employees in the units
which we find below to be appropriate: The Company has declined to
do so until such time as the Association has been so certified by the
Board.
We find that questions have arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
with foreign countries, and tend to lead to labor disputes burdening
and obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNITS
The Association claims that the licensed engineers employed on
the Company's ocean-going vessels, including but not limited to chief
engineers, first assistant engineers, second assistant engineers, and
third assistant engineers,'. constitute a unit appropriate for the pur-
poses of collective bargaining, and that the licensed deck officers
employed on these vessels, including but not limited to masters, first
mates , second mates, and third mates, likewise constitute a unit ap-
propriate for collective bargaining. Division of the licensed engi-
neers and licensed deck officers into two separate units, to which the
Company agrees, accords with our previous decisions in cases in
which the same question has arisen.2 We find that a similar deter-
mination is proper here.
With respect to the unit composed of licensed deck officers, the
Company contends that masters should be excluded, on the ground
that the master is in command of the vessel. As stated above, the
Association desires that the masters be included in the unit. The
Company made no showing that masters are properly separable from
other licensed deck officers for the purposes of collective bargaining.
Masters are eligible for membership in the Association as well as in
'It appears from the record that these are the correct designations. At the hearing
the Association referred to the latter three categories as "first engineers , second engi-
neers, and third engineers."
2 See Matter of Tide Water Associated Oil Company and United Licensed Officers of the
U. S. A., 9 N . L. R. B. 823, 827, and cases there cited.
THE TEXAS COMPANY 1025
other labor organizations which seek to represent licensed deck offi-
cers.8 Under the circumstances, we find that they should be included
in the unit.
We find that the licensed engineers employed on the Company's
ocean-going vessels, including but not limited to chief engineers, first
assistant engineers, second assistant engineers, and third assistant
engineers, constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to collec-
tive'bargaining and otherwise effectuate the policies of the Act.
We also find that the licensed deck officers employed on the Com-
pany's ocean-going vessels, including but not limited to masters, first
mates, second mates, and third mates, constitute a unit appropriate
for the purposes of collective bargaining and 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 ef-
fectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Association did not introduce evidence at the hearing which,
will, permit a certification of representatives on the basis thereof.
The Board's attorney, however, introduced in evidence without ob-
jection a statement of the Regional Director tending to show that
the Association represents a substantial number of the Company's
employees in each of the appropriate units. The Association asks
that elections be held. We find that the questions concerning repre-
sentation which have arisen can best be resolved by means of elec-
tions by secret ballot.
The Company requested that if the Board ordered elections herein,
eligibility to vote should be determined as of the date of the Direc-
tion of Elections. The Association had no preference as to the eli-
gibility date. In accordance with our usual practice, we shall direct
that' eligibility to vote shall be determined with reference to the
pay-roll period last preceding the date of the Direction of Elections.
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. Questions affecting commerce have arisen concerning the rep-
resentation of employees of The Texas Company, New York City,
0 See eases referred to In footnote 2, supra
1026 DECISIONS OF NATIONAL - LABOR - RELATIONS BOARD
within the meaning of Section -9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
2. The licensed engineers employed on the Company's ocean-going
vessels, including but not limited to chief engineers, first assistant
engineers, second assistant engineers, and third assistant engineers,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National' Labor
relations Act.
. 3. The licensed deck officers employed on the Company's ocean-
going vessels, including but not limited to masters, first mates, sec-
ond mates, and third mates, constitute a' unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9
.(b) of the National Labor Relations Act.
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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
-DintECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
u ith The Texas Company, New York City, elections by secret bal-
lot shall be 'conducted as soon as convenient and beginning as
promptly as is practicable after 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 Rela-
tions Board and subject to Article III, Section 9, of said Rules and
,,]Regulations:
(1) Among the licensed engineers employed on the Company's
ocean-going vessels, including but not limited to chief engineers, first
assistant engineers, second assistant engineers, and third assistant
-engineers, employed by the Company during the pay-roll period
last preceding the date of this Direction, including employees who
(Ed not work-during said pay-roll period because they were ill or on
vacation and employees who were then or have since been temporarily
laid off, and excluding those -%vlio between said pay-roll date and the
date of the election have quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by Texas Tanker
Officers Association for the purposes of collective bargaining;
(2) Among the licensed deck officers employed on the Company's
ccean-going vessels, including but not limited to masters, first,mates,
THE TEXAS COMPANY 1027
second mates, and third mates, employed by the Company during the
pay-roll period last preceding the date of this Direction, including
employees who did not work during said pay-roll period because they
were ill or on vacation and employees who were then or have since
been temporarily laid off, and excluding those who between said ,pay-
roll date and the date of the election have quit or been discharged
for cause, to determine whether or not they desire to be represented
by Texas Tanker Officers Association, for the purposes of collective
bargaining.