The Texas Co.

National Labor Relations Board - Board Decisions

Jun 5, 1946

68 N.L.R.B. 483 (N.L.R.B. 1946)

In the Matter of THE TEXAS COMPANY and OIL WORKERS INTERNA-
TIONAL UNION, C. I. O.
Case No. 15-R-1612.-Decided June 5, 1946
Mr. D. Douglas Howard, of New Orleans, La., and Mr L. J. Whetsell,
of Dallas, Tex., for the Company.
Messrs. John Bouche and A. F Geisler, both of Morgan City, La., and
Mr. W. W. Allan, of Beaumont, Tex., for the Union.
Mr. Herbert J Nester, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon a petition duly filed by Oil Workers International Union,
C. I. 0., herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of The
Texas Company of New Orleans, Louisiana, herein called the Company,
the National Labor Relations Board on April 4, 1946, conducted a pre-
hearing election pursuant to Article III, Section 3,1 of the Board's
Rules and Regulations, among employees of the Company in the alleged
appropriate unit, to determine whether or not they desired to be repre-
sented by the Union for the purposes of collective bargaining.
At the close of the election a Tally of Ballots was furnished the parties.
The Tally reveals that there were approximately 46 eligible voters and
that 46 of these eligible voters cast valid ballots, of which 33 were for the
Union, 7 were against, and 6 were challenged.
Thereafter, pursuant to Article III, Section 10,2 of the Rules and
Regulations, the Board provided for an appropriate hearing upon due
1 By amendment of November 27, 1945, this Section of the Rules now permits the conduct
of a secret ballot of employees prlol to hearing in cases which present no substantial Issues.
3 As amended November 27, 1945, this Section provides that in instances of pre-hearing
elections , all issues, including issues with respect to the conduct of the election or conduct
affecting the election results and issues raised by challenged ballots, shall be heard at the
suh,equent hearing.
60 N T. R T3 , No 68.
696966-46-32 483
484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
notice before John H. Garver, Trial Examiner . The hearing was held
at New Orleans, Louisiana, on April 30, 1946. The Company and the
Union appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross -examine witnesses , and to in-
troduce 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 opportunity to file briefs with the
Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Texas Company, a Delaware corporation having its principal
office in New Orleans, Louisiana, is engaged in the production of crude
concentrate of petroleum oil, and operates cycling plants at Erath and
Berwick, Louisiana. At the Berwick plant, known as the Bateman Lake
cycling plant, which alone is involved in this proceeding, the Company
produces annually in excess of 250,000 barrels of crude concentrate of
petroleum oil which is valued at more than $250,000. The entire annual
output of the Company's Bateman Lake plant is shipped by pipe line
to the Company's refineries located at Port Arthur, Texas.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Oil Workers International Union, affiliated with the Congress of In-
dustrial Organizations, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the collective
bargaining representative of its employees until it has been certified by
the Board in an appropriate unit.
We find that a question affecting commerce has 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 UNIT
The Union urges a unit composed of all operating and maintenance
employees at the Company's Bateman Lake cycling plant , excluding tech-
THE TEXAS COMPANY 485
nical and clerical employees, supervisors, foremen, and all other super-
visory employees .3 The Company is in substantial agreement with the
composition of the unit sought by the Union, but would exclude there-
from the fractionator operators.
The disagreement between the parties with respect to the status of
the fractionator operators is reflected in the five ballots which were chal-
lenged by the Company.4 The Company bases its challenges on the con-
tention that the fractionator operators exercise supervisory authority
over other employees in the unit, and therefore, should be excluded.
The Union would include them.
Approximately 9 months ago the Company began operating the Bate-
man plant on a 24-hour day basis. This change in policy necessitated a
considerable increase in operating personnel to provide for two additional
8-hour shifts. With the establishment of this policy, the Company
created the job classification of fractionator operator and promoted five
of its regular operators to these positions. The fractionator operators
each supervise a crew of four men, consisting of two operators, a fire-
man and a pumper. There are five such crews which alternate on three
8-hour shifts to make up a full 24-hour day. The fractionator operator
is under the direct supervision of the plant foreman, who is in com-
plete charge of all plant operations. In the absence of the foreman, who
works only one 8-hour shift per day, the fractionator operator assumes
all duties and responsibilities incumbent upon the foreman. In keeping
with the authority delegated when the job was created,5 the fractionator
operator may discipline and otherwise effect changes in the status of
the other crew members. The Company gives great weight to the recom-
mendations of the fractionator operators respecting hiring and promo-
tions, and their authority is comparable with that of the maintenance
foreman and head roustabout, both of whom the parties would exclude
from the unit. In view of the foregoing facts, we are of the opinion that
the fractionator operators fall within the Board's definition of super-
visory employees, and we shall therefore exclude them from the unit.
We find that all production and maintenance employees at the Com-
pany's Bateman Lake cycling plant, excluding technical and clerical
employees, the laboratory tester, supervisors, foremen, fractionator
operators, and all other supervisory employees with authority to hire,
3 The election was held among the employees comprising the alleged appropriate unit.
' At the hearing, the parties agreed that the challenged ballot of one R. E. Rawls, a
laboratory tester, should not be counted, inasmuch as the duties of this employee are technical
in nature, and would thereby exclude him from the over-all production and maintenance unit
" When the Company promoted the five operators to the position of fractionator operators,
instructions to the fractionator operators that they would he solely responsible for plant operations
during the absence of the plant foreman. The various crew members were likewise instructed
that they were to be under the supervision of the fractionator operators and that all instruc-
tions pertaining to plant activities would emanate from them.
486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
The results of the election held previous to the hearing disclose that
the Union has secured a majority of the valid votes cast. We shall
certify the Union as the collective bargaining representative of the
employees in the appropriate unit.
CERTIFICATION OF REPRESENTATIVES
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, Sections 9 and 10, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended,
IT IS HEREBY CERTIFIED that Oil Workers International Union, C. I. 0.,
has been designated and selected by a majority of all production and
maintenance employees of The Texas Company at its Bateman Lake
cycling plant, Berwick, Louisiana, excluding technical and clerical em-
ployees, the laboratory tester, supervisors , foremen, fractionator operators,
and all other employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, as their representative for the purposes
of collective bargaining and that pursuant to Section 9 (a) of the Act,
the said organization is the exclusive representative of all such employees
for the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Certification of Representatives.