The Texas Co.

In the Matter of THE TEXAS COMPANY and AMERICAN FEDERATION of LABOR, FEDERAL LABOR UNION No. 22210 Case No. R-5883.-Decided September 6, 1943 Mr. John C. Jackson, of Houston, Texas, and Mr. W., R. Moser, of Port Arthur, Texas; for the Company. Mr. A. F. Cadena, of San Antonio, Texas, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by American Federation of Labor, Federal Labor Union No. 22210, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of The Texas Company, West Dallas, Texas, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Bliss Daffan, Trial Examiner. Said hearing was held'at Dallas, Texas, on August 20, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudical 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 is a Delaware corporation with its principal office at New York City. We are here concerned with its oil refinery at West Dallas, Texas, known as the West Dallas Works. The Com- pany is engaged in the business of producing, refining, and marketing crude oil and the products therof. During 1942, the Company shipped about 10 percent of the products produced at the West Dallas Works to points outside the State of Texas. 52 N. L. R. B., No. 71. 457 458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATION INVOLVED American Federation of Labor, Federal Labor Union No. 22210, is a labor organization, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During July 1943, the Union requested the Company to recognize it as the exclusive collective bargaining representative of certain em- ployees at the West Dallas Works. The Company refused this request until such time as the Union is Certified by the Board. •A statement of a Field Examiner of the Board, introduced into evidence at the hearing,'indicates that the Union represents a sub- stantial number of employees in the unit hereinafter found to be appropriate.1 , - 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT The Union urges that all clerical employees at the West Dallas Works of the Company, excluding supervisory and technical em- ployees, constitute an appropriate unit. The parties are in disagree- ment with respect to the disposition to be made of the following classes of employees. The Union would include all such employees in the unit, while the Company would exclude them. The Company employs a person classified by it as head general clerk. This employee is the assistant to the chief clerk, who is ad- mittedly excluded from the unit, and he performs supervisory duties. We shall exclude the head general clerk from the unit. The head clerk cashier handles the petty cash and is iy charge of the private pay roll of the Company. The private pay roll is con- sidered highly confidential by the Company. We shall exclude the head clerk cashier from the unit as a confidential employee. The head clerk in stock department, head clerk of Bost and time department, head clerk in shipping department, and the storekeeper instruct from one to four employees working in their respective de- partments. The relationship of the head clerks to their assistants is similar to that of a journeyman to his helper. Accordingly, we shall include the head clerks in the unit. 1 The Field Examiner reported that the Union presented 12 membership application cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of July 15, 1943. There are approximately 19 employees in the appropriate unit. THE TEXAS COMPANY 459 We find that all clerical employees at the West Dallas Works of the Company, including the head clerk in stock department, head clerk of cost and time department , head clerk in shipping department , and the storekeeper, but excluding technical employees , head general clerk, head clerk cashier, and all supervisory employees with authority to hire, 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 We shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. 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 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIREOTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The Texas Com- pany, West Dallas, Texas, an election by secret ballot shall be conducted as early as possible , but not later than thirty (30) days from date of this Direction, under the direction and supervision of the Regional Director for the Sixteenth Region, acting in this matter as agent for the National Labor Relations Board; and subject to Article III, Sec- tions 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were em- ployed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls , but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by American Federation of Labor, Federal Labor Union No. 22210, for the purposes of collective bar . gaining. CHAIRMAN MILUS took no part in the consideration of the above De- cision and Direction of Election.