Standard Oil Development Co.

In the Matter Of STANDARD OIL DEVELOPMENT COMPANY (BAYWAY PLANT) and STANDARD OIL DEVELOPMENT COMPANY EMPLOYEES (UNAFFILIATED) Case No. 2-R-41182.-Decided July 91, 19/ Mr. C. Horace Tuttle, of New York City, for the Company. Mr. John F. X. Lanndrigan', of Bayonne, N. J., and Mr. Frank J. Ward, of Elizabeth, N. J., for the Independent. Messrs. Alfred Katz, and Bert J. Coffey, of Elizabeth, N. J., for the C. I. O. Mr. Robert E. Tillman, of counsel to the Board. DECISION AND - DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by Standard Oil Development Company Employees (unaffiliated), herein called the Independent, alleging that a question affecting commerce had arisen concerning the representation of employees of Standard Oil Development Com- pany (Bayway Plant), Linden, New Jersey, herein called the Com- pany, the National Labor Relations Board provided for an appropri- ate hearing upon due notice before John J. Cuneo, Trial Examiner. Said hearing was held at Elizabeth, New Jersey,; on June 23, 1944. The Company, the Independent, and Oil Workers International Union, Local 1000-I, C. I. 0., herein called the C. I. 0., appeared, participated, and were afforded -full opportunity to be heard, to examine and cross-examine ,witnesses, and to introduce evidence bear- ing on the issues. The rulings of the Trial Examiner made at the hearing are free from prejudicial error and are hereby affirmed. All partie's were afforded opportunity to file briefs with the Board. Upon the entire record in the case,' the Board makes the following: I On July 12, 1944 , the parties entered into a stipulation correcting errors in the tran- script Said stipulation is hereby approved and incorporated in the record. 57 N 'L- R. B., No. 96. 5 38 STANDARD OIL DEVELOPMENT COMPANY 539 FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Standard Oil Development Company, a Delaware corporation, is a wholly owned subsidiary of Standard Oil Company, a New Jersey corporation. The Company is principally engaged, on -behalf of the parent organization and its affiliates and subsidiaries, in engineering research and development work pertaining to technical matters arising in the oil industry and allied lines. It maintains an engineering research and development laboratory at, Linden, New Jersey, located within the physical confines of the Bayway Refinery, and the Stand- ard Inspection Laboratory at Bayonne. New Jersey, located within the confines of the Bayonne Refinery.'- Only the former laboratory is directly involved in this proceeding. During the year 1943, the Company rendered services to' Standard Oil Company of New Jersey valued at more than $900,000, and to Standard Oil Company of Louis- iana valued in excess of,$1,000,000, and carried on development work for Government agencies valued in excess of $3,500,000. During ,the same period, the gross sales of chemical products of the Company amounted to approximately $8,500,000, all of which were made to Standard Oil Company of New Jersey, or to Stanco Distributors, Inc.,? within the State of New Jersey. All its purchases were made in the State of New Jersey from the same companies. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED, Standard Oil Development Company Employees is, an unaffiliated labor organization, admitting to membership employees of the Com- pany. Oil Workers International Union, Local 1000-I,.is a labor organiza- tion affiliated with the Congress of Industrial Organizations, admit- ting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Shortly prior to July 14, 1943, the Independent sought recognition from the Company as the exclusive collective bargaifling representa- tive of certain of the latter's_ employees. The Company refused to 2 The Ray way Refinery and the Bayonne Refinery a, e owned and operated by Standard Oil Company of New Jersey, a Delaware corporation , which is an affiliate of Standard Oil Company , In addition to the above-mentioned laboratories , the Company directly supports and cooidmates a fluid engmeeung research and development laboratory belonging to Standard Oil Company of Louisiana , another affiliate of Standard Oil Company , as well as other major technical facilities and stations - Stanco Distributors, Inc , is a subsidiary of Standard Oil Company. 540 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD 'recognize the Independent in the absence of certification by the Board. A statement of a Field Examiner of the Board, introduced into, evidence at the hearing, indicates that the Independent and the C. 1. 0. each represents a, substantial -number of employees in the unit herein- after found to be appropriate.¢ - , We find that a question affecting commerce has arisen concern-mg 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 'We find, in accordance with a stipulation of the parties, that all pilot-plant- operators, mechanics, utility and building maintenance employees, and truck-drivers employed by the Company at the Bayway Plant, excluding executives and supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively- recommend such action, con- stitute a unit appropriate for the purposes 'of collective bargaining within the meaning of Section 9 (b) of the Act.5 V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ,ballot "among the em- ployees 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 therein. 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 Re- lations Board Rules and Regulations-Series 3, it is hereby ' DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Standard Oil De- velopment Company (Bayway Plant), Linden, New Jersey,, an elec- tion by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under ,the direction and supervision of the Regional Director for the Second * The Field Examiner stated that the Independent had submitted to him 126 membership application cards , of which ] 13 bore names of persons whose names appeared on the Com- pany's May 10, 1944 , pay roll, which listed 290 employees in the unit hereinafter found to be appropriate He further stated that the 'C I. 0 submitted 43 membership application cards, all of which bore names of persons listed on the above -mentioned pav roll 5 See Appendix A attached hereto for further stipulations concerning this unit. STANDARD OIL-DEVELOPMENT COMPANY 541 Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Sections 10 and `11, of said Rules and Regulations, among the employees in the unit .found ap- propriate in Section IV, above, who were employed 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, and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by Standard Oil Development Employees, or by Oil Workers International Union, Local 1000, C. 1-0., for the purposes of collective bargaining, or by neither.6 . APPENDIX A Respecting the appropriate unit, the parties stipulated as follows': 1. That the terms "pilot-plant operators, mechanics, utility and building maintenance employees, and truck drivers" used in the de- scription of the unit shall' include, and shall be deemed to include, all such employees-in the Chemical, the Research, and the Process Divi- sions of the Esso Laboratories and in the General Business and Ac- counting Department and the Standard Inspection Laboratory at the Bayway:Refinery; to wit: pilot-plant operators carpenters welders - insulators boilermakers • ' painters' and helpers glassblowers janitors electricians pneumatic tool operators pipe fitters cement finishers plumbers window washers machinists general utility employees, auto mechanics That no such employees are employed in the Development Division of the Esso Laboratories, the General Engineering and Process Engineer- ing Departments; the Legal and Patent Department Library, and the Personnel Department: 2. That the following employees in the Chemical, the -Research, the Process, and the Development Divisions of -the EssO Laboratories and in the General Bi°isiness and Accounting, General Engineering, Process Engineering, and'- Personnel Departments, and in the 'Staiidard,.In- The Independent and the C. I O. expressed preferences at the hearing that their respec- tive names appear on the ballot as set forth in the Direction of Election' 542 DECISIONS OF NATIONAL LABOR RELATIONS -BOARD spection Laboratory at the Bayway Refinery and Legal and Patent Department Library are excluded from said unit, to wit : all clerical employees (including secretaries, stenographers, typists, file clerks, messengers, office boys and office girls, and bookkeep- ing and comptometer operators) • draftsmen, tracers, and designers photographers oil and materials inspectors analysts and laboratory assistants professional and technical employees 3. That the term "executives" used in describing exclusions-from the unit shall, include, and shall be deemed to include, the officers of the company, all department heads, division heads, section - heads, and group heads, as the incumbents of such positions have management responsibilities and perform management functions; and that the executives immediately in' charge of the divisions in which the employees included in the unit are employed are as follows : P. H. Holt Walter M. Basch Leon R. Joslin D. G. Tomkins Amiot P. Hewlett Robert T. Chew F. G. Boettke Joseph P. Haworth 4. That the term "supervisory employees" used in describing ex- clusions from the unit shall include, and shall be deemed to include, all supervisors (some of whom' may work on shifts or may be work- ing foremen having supervisory duties) who have authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action; and that the excluded supervisors supervising the employees included in the -unit are as follows : Department : - Research division : Classification Ernst J. Pressl---------------. Assistant General Foreman Cornelius J. Snape------ -----_ Foreman I James Howard---------------- Foreman I Samual G. Shawger----------- Foreman I Robert G. Macke Foreman I Anthony E. Shriner ----------- Foreman I _ Willard Fuhrmann------------ Foreman I Raymond C. Dowd ------------- Sr. 'Clerk II • • James A. Wilson -------------- Specialist C Oliver E. Palmer------------- Intermediate Clerk I Robert H. Many-------------- Group Head C Frances E. Calabro------------ Sr. Clerk II STANDARD OIL DEVELOPMENT COMPANY 543 Department-Continued. Research Division-Continued. Classification John Sutherland-------------- Intermediate'Clerk I Ralph R. Ainsworth----------- Intermediate Clerk I Alton B. Crampton___________ Sr. Chemist Michael M. Gurgo------------- Engineer B John E. Obert__ ______________ Foreman I Ernest J. Rehder______________ Foreman I Edward M. Hoagland-! ------- Foreman I Theron Schollenberger________ Shift Breaker Foreman' Process division : Philip W. Spillane____________ Shift Foreman John Hnat____________ _______ Shift Foreman Otto W. Klein------ ---------- Shift Foreman William H. Norton_______ ____ Shift Foreman Calvin W. Blaney_____________ Engineer A Charles W. Foust_____________ Engineer A 'George J. Fox________________ Designer Harry Diehl __________________ Foreman I William H. Wright----------- Foreman I Arendt R. Koos_______________ Foreman I Theodore Hopf---------- ----- Foreman I Howard R. Arnold------------ Intermediate Clerk I David Reddie________________ Intermediate Clerk I Joseph Paraniak-------------- Foreman II Building Expense Dept. of the General Business &. Acctg. Office (Building and Maintenance) : Theodore A. Manning_____________ Sr. Clerk I Charles A. Bolleter------------------ Foreman I Neilse G. Peterson________________ Foreman III Dave Lutz________________________ Intermediate Clerk I Chemical Division Harman V. Hartvigsen ____________ Foreman I Charles V. Giglio__ ______'_________ Intermediate Clerk I Walter A. Franks_________________ Foreman III