The Texas Co.

National Labor Relations Board - Board DecisionsSep 12, 1941

35 N.L.R.B. 373 (N.L.R.B. 1941)

In the Matter of THE TEXAS COMPANY, WEST DALLAS WORKS and INTERNATIONAL UNION OF OPERATING ENGINEERS, LooAL No. 472 Case No. R=9914.Decided September 12, 1941 Jurisdiction : oil refining industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition until certified by Board; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, excepting supervisory employees who have the right to hire and discharge or to recommend hiring or discharging, and clerical employees ; no controversy as to. Mr. James H. Pipkin, of Houston, Tex., Mr. W. N. Sands, of Fort Worth, Tex., and Mr. R. G. Collins, of Dallas, Tex., for the Company. -Mr. Avril Inge, of Dallas, Tex., Mr. Joseph R. Kelahan, of Wash- ington, D. C., and Mr. A. J. Reinhard, of Fort Worth, Tex., for the Union. Miss Melivern R. Krelow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 18, 1941, International Union of Operating Engineers, Local No. 472, herein called the Union, filed with the Acting Regional Director for the Sixteenth Region (Fort Worth, Texas) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of The Texas Company, herein called the Company, at its West Dallas Works, West Dallas, Texas, refinery, 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 August 4, 1941, the National Labor Relations 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 August 13, 1941, the Regional Director issued a notice of bear-'. ing, copies of which were duly served upon the Company, the Union, 35 N L. R B, No. 77. 373 374 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International Association of Machinists, and International Brother- hood of Electrical Workers. Pursuant to notice, a hearing was held on August 21, 1941, at Dallas, Texas, before Albert P. Wheatley, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and 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 and on objections to the admission of evidence. 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 Delaware corporation with its principal offices in New York City and Houston, Texas. It is the principal sub- sidiary, wholly owned, of The Texas Corporation through which it is affiliated with some 50 other corporations located in the State of Texas, other States of the United States, and in foreign countries, all constituting a world-wide organization for the production, transporta- tion, refining, and marketing of crude oil and the products thereof, and for incidental businesses. This proceeding is concerned only with the employees engaged at the West Dallas Works, West Dallas, Texas, refinery of the Company, which has a capacity for handling approximately 14,000 barrels of crude oil daily. The crude oil moves to this refinery from producing wells situated in the State of Texas through pipe lines operating as a common Carrier. The main finished products of this refinery are gasoline, kerosene, fuel oil, and coke. During the 6 months' period ending June 30, 1941, approximately 1,444,542 barrels of gasoline were manufactured and approximately 294,011 barrels were shipped; approximately 151,301 barrels of kerosene were manufactured, and approximately 15,130 barrels were shipped; approximately 76,732 barrels of fuel oil were manufactured, and none was shipped; and approximately 133,127 barrels of coke were manufactured, and ap- proximately 18,411 barrels were shipped. The above shipments were made to States other than the State of Texas. There are approxi- mately 271 employees at the West Dallas Works, West Dallas, Texas, refinery of the Company. THE TEXAS COMPANY II. THE ORGANIZATION INVOLVED 375 International Union of Operating Engineers, Local No. 472, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about June 18, 1941, the Union asked the Company to enter into collective bargaining negotiations affecting the employees of its West Dallas Works, but such request was refused by the Company until such time as the Union, or some other labor organization, should be certified by the Board as the authorized collective bargaining agency. A report prepared by a Field Examiner of the Board concerning claims of authorization for the purposes of representation which was introduced into evidence at the hearing, shows that the Union repre- sents a substantial number of employees of the Company at the West Dallas Works, West Dallas, Texas, refinery of the Company within the unit the Union,alleges to be appropriate.' We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, ocurring 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. V. THE APPROPRIATE UNIT The Union contends that the appropriate unit consists of all pro- duction and maintenance employees, excepting supervisory employees who have the right to hire and discharge or to recommend hiring or discharging, and clerical employees. The Company takes no position concerning the unit. Upon the. entire record we find that all production and maintenance employees engaged in the West Dallas Works, West Dallas, Texas, 1 The Field Examiner reported that the Union submitted 133 authorization cards bearing the apparently genuine signatures of persons, who appeared on the Company 's pay roll as of July 3, 1941 . There are approximately 200 employees within the unit which the Union claims to be appropriate. 376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD refinery of the Company, excepting 1supervisory-employees who have the right to hire and discharge or to recommend hiring or discharg- ing, and clerical employees, constitute a unit appropriate- for the .purposes of collective bargaining and that such 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 concerning representation which has arisen can best be resolved by an election by secret ballot. We shall direct that those eligible to vote in the election shall be those em- ployees within the appropriate unit who were employed -by the Company at its West Dallas Works, West Dallas, Texas, refinery, during the pay-roll period immediately preceding the date of our Direction of Election herein, subject to such limitations and addi- tions as are set forth in said Direction. 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 Texas Company at its West Dallas Works, West Dallas, Texas, refinery, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of The Texas Com- pany at its West Dallas Works, West Dallas, Texas, refinery, except- ing supervisory employees who have the right to hire and discharge or to recommend hiring or discharging, and clerical employees, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the 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 Relations Act, and pursuant to Article III, Section 8, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as a part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with The Texas Company at its West Dallas Works, West Dallas, Texas, refinery, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this THE TEXAS COMPANY 377 Direction, under the direction and supervision of the Regional Direc- tor for the Sixteenth 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 production and maintenance -employees who were employed by the Company at its West Dallas Works, West Dallas, Texas, refinery during the pay-roll period im- mediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding supervisory em- ployees who have the right to hire and discharge or to recommend hiring or discharging, and clerical employees, and those employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented for the purposes of collective bar- gaining by International Union of Operating Engineers, Local No. 472.