Tidewater Associated Oil Co.

National Labor Relations Board - Board Decisions

Mar 14, 1938

5 N.L.R.B. 954 (N.L.R.B. 1938)

In the Matter of TIDEWATER ASSOCIATED OIL COMPANY and AMERICAN
RADIO TELEGRAPHISTS' ASSOCIATION
In the Matter of GENERAL PETROLEUM CORPORATION OF CALIFORNIA and
AMERICAN RADIO TELEGRAPHISTS ' ASSOCIATION
In the Matter of HILLCONE STEAMSHIP COMPANY, LTD. and AMERICAN
RADIO TELEGRAPHISTS ' ASSOCIATION
in the Matter of UNION OIL COMPANY OF CALIFORNIA and AMERICAN
RADIO TELEGRAPHISTS ' ASSOCIATION
Cases Not. R-515 to R- 18, inclusive .Decided March 14, 1938
Water Transportation Industry-Investigatcon of Representatives : controversy
concerning representation of employees : refusal by employers to recognize
union as exclusive - representative of employees prior to certification by Board-
Unit Appropriate for Collective Bargaining : radio operators ; history of collec-
tive bargaining relations in industry ; community of interest ; no controversy as
to-Election Ordered
Mr. John P. Jennings, for the Board.
McCutc h eon, Olney, Hannon ctr' Greene, by Mr. Farnham P. Grif-
fiths and Mr. George E. Dane, of San Francisco , Calif., for the Gen-
eral Petroleum Corporation of California, Hillcone Steamship
Company, Ltd., and Union Oil Company of California.
Mr. Daniel W. Hone, of San Francisco, Calif., for the Tidewater
Associated Oil Company.
Mr. Charles Krolek, of San Francisco, Calif., for the Union.
Mr. Walter T. Nolte, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On December 13, 1937, American Radio Telegraphists' Associa-
tion, Marine Division,' herein called the Union, filed with the Re-
1 The captions refer to the Union as the American Radio Telegraphists ' Association
because the Board ' s order directing an investigation and hearing erroneously referred to
it in that way The petitions were signed in the name of American Radio Telegraphists'
Association , Local No. 3 , but a motion to change the designation of the petitioner to
American Radio Telegraphists ' Association , Marine Division , was granted by the Trial
Examiner in the course of the hearing Local No. 3 is confined to the port of San Fran-
cisco . There are three other locals in the Marine Division on the Pacific Coast with
members involved in this proceeding . They aie Locals 6, 7, and 8 located at Seattle,
'San Pedro , and Portland , respectively.
954
DECISIONS AND ORDERS 955,
gional Director for the Twentieth Region (San Francisco, California)
four petitions alleging that questions affecting commerce had arisen
concerning the representation of employees of Tidewater Associated
Oil Company, General Petroleum Corporation of California, Hill-
cone Steamship Company, Ltd., and Union Oil Company of Cali-
fornia, respectively, herein called the Companies, and requesting in-
vestigations and certifications of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On December 16, 1937, 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 Rela-
tions Board Rules and Regulations-Series 1, as amended, ordered
an investigation, authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice, and ordered
a consolidation of the four cases for the purpose of hearing.
On December 16, 1937, the Regional Director issued a notice of
consolidated hearing, copies of which were duly served upon each of
the four Companies and upon the Union. Pursuant to the notice, a
hearing was held on December 22, 1937, at San Francisco, California,
before Jesse E. Jacobson, the Trial Examiner duly designated by
the Board. The Board and each of the Companies were represented'
by counsel and the Union was represented by the acting secretary
of Local No. 3. All participated in the hearing. Full opportunity
to be heard, to examine and to cross-examine witnesses, and to intro-
duce 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
1. THE BUSINESS OF THE COMPANIES
Tidewater Associated Oil Company is a Delaware corporation,.
General Petroleum Corporation of California, a Nevada corporation,
Hillcone Steamship Company, Ltd., a Nevada corporation, and Union
Oil Company of California, a California corporation. All of the
Companies are engaged in the transportation of petroleum products
by means of ocean-going tankers, operating out of Pacific Coast
ports.
Each of the four Companies involved in this proceeding was also,
involved in a hearing held on December 9 and 10, 1937, on five peti-
tions filed by the Sailors Union of the Pacific. On March 9, 1938.
956 NATIONAL LABOR RELATIONS BOARD
the Board issued a Decision and Direction of Elections 2 in the latter
proceeding, in which it made findings of fact with respect to the
business of the four Companies. The same evidence relative to the
operations of the Companies was introduced in each proceeding.
The findings of fact with respect to the business of the four Com-
panies here involved, made by the Board in the afore-mentioned
Decision and Direction of Elections, are, therefore, incorporated in
and made a part of this Decision and Direction of Elections.
II. TIIE ORGANIZATION INVOLVED
American Radio Telegraphists' Association, Marine Division, is a
labor organization affiliated with the Committee for Industrial Or-
ganization, admitting to its active membership persons holding com-
mercial radio operators licenses of any class or grade issued by the
United States of America licensing authority and who earn their
livelihood as radio operators on board deepwater vessels.
III. THE QUESTION CONCERNING REPRESENTATION
In each petition it was alleged that the Company involved had
refused to bargain collectively until the Union was certified by the
Board as a proper exclusive bargaining agency on the basis of a
ballot vote. Beyond this the record contains nothing, either in sup-
port of or refutation of the statements in the petitions.
We find that questions have arisen concerning representation of
employees of the Companies and that such questions tend to lead to
labor disputes burdening and obstructing commerce and the free flow
of commerce.
IV. THE APPROPRIATE UNITS
In its petitions, the Union claimed that the appropriate bargaining
units should be the radio operators on all tankers operated by each
of the Companies, specifying,the number of tankers in each instance.
The record shows that the Union thereby intended to limit the peti-
tions to all tankers operated by the Companies out of Pacific Coast
ports and it was agreed by all parties that the petitions should be
so limited.
The Union established that the units here claimed are similar to
those in effect under contracts negotiated by it with other ship opera-
tors on the Pacific Coast, that such units have been traditionally
claimed by it, and that the units are feasible because of the fact that
radio operators have interests and problems distinct from all other
classes of personnel aboard ships. No other labor organization en-
See Matter of T.dewater Associated Ott Compamy et at. and Sailors Union of the
Pacific, 5 N L. R. B. 893
DECISIONS AND ORDERS 957
tered an appearance in this proceeding. There is no indication that
any other organization is competing with the Union for the employees
in the units claimed to be appropriate. The Companies raised no
objection to the separation of radio operators from all other classes
of personnel on their tankers for the purposes of collective bargaining.
We find that the radio operators on all tankers operated by each
of the Companies out of Pacific Coast ports constitute units appro-
priate for the purposes of collective bargaining and that said units
will insure to employees of the Companies the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Union claimed to represent four of the six radio operators
which it alleged were employed by Tidewater Associated Oil Com-
pany, three of the four allegedly employed by General Petroleum
Corporation of California, both of the two allegedly employed by
Hillcone Steamship Company, Ltd., and eight of the ten allegedly
employed by Union Oil Company of California. At the hearing,
the Union offered no further evidence to substantiate the above claims,
stating that it was requesting an election and not asking for certifica-
tion without an election. We find that elections by secret ballot are
necessary to determine the proper representatives for collective bar-
gaining and thus resolve the questions concerning representation.
We will direct that these elections be held as soon as possible under
the direction and supervision of the Regional Director for the Twen-
tieth Region, who shall determine in her discretion the exact time
and place and procedure for posting notices of election and for bal-
loting on each tanker, provided, however, that each tanker will be
posted with a notice of election, a sample ballot, a list of employees
eligible to vote, and a notice of the time and place where balloting
will be conducted, at some port of call on the Pacific Coast prior to
the port where balloting is conducted, or, in the event that a tanker
is to be posted and voted in the same port without an intervening
trip, at least 48 hours before balloting is conducted.
Those eligible to vote will be the radio operators who ai e employed
on the tankers when they are posted and who are still employed in
such capacity at the time balloting takes place, provided, however,
that if any such person be transferred from one tanker to another
tanker of the same company during the time the election among the
employees of that company is being held, he shall be entitled to
vote but once.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
958 NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the rep-
resentation of employees of Tidewater Associated Oil Company,
General Petroleum Corporation of California, Hillcone Steamship
Company, Ltd., and Union Oil Company of California, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. The radio operators on all tankers operated by each of the Com-
panies out of Pacific Coast ports constitute units 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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1, as•
amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Tidewater-
Associated Oil Company, General Petroleum Corporation of Cali-
fornia, Hillcone Steamship Company, Ltd., and Union Oil Company
of California, elections by secret ballot shall be conducted as soon
as convenient, and beginning as promptly as practicable after the
date of this Direction, in conformity with the rules set forth herein-
above for the conduct of the elections, under the direction and super-
vision of the Regional Director for the Twentieth 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-
the radio operators on all tankers operated out of Pacific Coast ports
by the Tidewater Associated Oil Company, General Petroleum Corpo-
ration of California, Hillcone Steamship Company, Ltd., and Union
Oil Company of California, respectively, to determine whether or not
they desire to be represented by American Radio Telegraphists' Asso-
ciation, Marine Division, for the purposes of collective bargaining..