Tide Water Associated Oil Co.

National Labor Relations Board - Board Decisions

Apr 13, 1942

40 N.L.R.B. 495 (N.L.R.B. 1942)

In the Matter Of TIDE WATER ASSOCIATED OIL COMPANY, ASSOCIATED
DIVISION and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL
UNION No. 87 , AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. R-3695.-Decided April 13, 1,942
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Thomas P. Graham,, Jr., for the Board.
Mr. W. F. Kiessig, of San Francisco, Calif., for the Company.
Mr. J. W. MacClements, of Portland, Oreg., for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
,AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On December 26, 1941, , International Union of Operating Engi-
neers Local No. 87, affiliated with the American Federation of Labor,
herein called the Union, filed with the Regional Director for the
Nineteenth Region (Seattle, Washington) a petition alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Tide Water Associated Oil Company, Associated
Division, San Francisco, California,' herein called the Company, en-
gaged in the business of producing, refining, transporting, and mar-
keting petroleum products, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the, Act. On March
10, 1942, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section
,of National Labor 'Relations Board Rules and Regulations- Series
2,' as amended, ordered an investigation and authorized the Regional
Director to conduct it and to proyide for an appropriate hearing upon
It was stipulated by the parties that the main, office of the, Associated Division of the
Company is in San Francisco , California . The petition alleged the address of the
Company as Portland , Oregon.
40 N. L R B ., No. 86:
495
496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
due notice. On March 9, 1942,,the Company, the Union, and the
Regional Director entered into a "Stipulation for Certification Upon
Consent Election."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on March 17, 1942, under the direction and supervision of the
Regional Director, • among the following employees to determine
whether or not. they desired to be represented by the Union : All em-
ployees of the Company at its Linnton, Oregon, plant, employed as,
heating and pump engineers, but excluding all other employees of the
Company at said plant. On March 20, 1942, the Regional Director
issued and duly served upon, the parties his Election Report on the
ballot. No objections to the conduct of the ballot or the Election
Report have been filed by any of the parties.
In his Election Report, the Regional Director reported, as follows,
concerning the balloting and its results :
Total on eligibility list-------------------------------------- 4
Votes cast for International Union of Operating Engineers,
Local 87, A. F. L------------------------------------------ 3
Votes cast against International Union of Operating Engineers,
Local 87, A. F. L------------------------------------------ 1
Total valid votes cast--------------------------------------- 4
Total, on eligibility, list not voting---------------------------- 0
Upon the basis of the stipulation, the Election Report, and the entire.
record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Tide Water Associated Oil Company, Asso-
ciated Division, San. Francisco, California, within the meaning' of
Section 9' (c) and. Section 2 (6), and (7) of the National, Labor
Relations, Act.
2,' All, employees of the Company, at its Linnton, Oregon, plant,
employed as heating and pump engineers, but excluding all other
employees of the Company at said plant, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of 'the National, Labor Relations Act.
3. International Union of Operating Engineers; Local 87, affiliated
with. the American- Federation of Labor, has been designated and
selected by a majority, of-the employees^.in the above unit. as, their-
representative for the purposes: of collective bargaining and, is the.
exclusive representative of all employees in said unit, within- -the
meaning, of Section 9,`, (a) of'the National Labor'Relations.Act.
- TIDE WATER ASSOCIATED OIL COMPANY 497
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,
IT IS HEREBY CERTIFIED that International Union of Operating Engi-
neers, Local 87,,affiliated with the American Federation of Labor, has
been designated 'and selected by a majority of all employees of the
Company at its Linnton, Oregon, plant, employed as heating and pump
engineers, but excluding all other employees of the Company at said
plant, as their representative for,the purposes of collective bargaining,
and that, pursuant to the provisions of Section 9 (a) of the Act, Inter-
national Union of Operating Engineers, Local 87, affiliated with the
American Federation of Labor, is the exclusive representative of all
such employees for the purposes of collective bargaining in respect to
rates of pay, wages, hours of employment, and other conditions of
employment.
455771-42-vol. 40-32