The Pure Oil Co.

In the Matter of THE SMITHS BLUFF REFINERY OF THE PURE OIL COMPANY, EMPLOYER and INTERNATIONAL ASSOCIATION OF MA- CHINISTS, PETITIONER and LOCAL UNION B-479, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, PETITIONER Case Nos. 16-R-2257, 16-R-2274,1 16-B-2289, 16-R-2296, and 16-R-297.Decided August 24,1948 DECISION DIRECTION OF ELECTION AND ORDER Upon petitions duly filed, a consolidated hearing was held before a hearing officer of the National Labor Relations Board. The hear- ing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed .2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations named below claim to represent em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The appropriate unit; the determination of representatives: The International Association of Machinists, herein called the IAM, seeks three separate units of employees of the Employer, comprising, 1 The IAM moved to withdraw its petition in Case No. 16-R-2274 during the course of the hearing. The Regional Director approved the withdrawal before the close of the hearing. :The Oil Workers International Union moved to dismiss each petition filed herein. For the reasons set forth below in the section entitled "The appropriate unit" this motion is granted with respect to the petitions filed by the International Association of Machinists, but denied as to the petition filed by the International Brotherhood of Electrical Workers. * Chairman Herzog and Members Murdock and Gray. 79 N. L. R. B., No. 9. 51 52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD respectively, employees in the "welding department," testers in the laboratory, and painters. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, Local 195, herein called the Pipefitters, seeks substantially the same unit of em- ployees in the "welding department" sought by the IAM. Local Union B-479, International Brotherhood of Electrical Workers, AFL, herein called the IBEW, seeks a unit of electricians. Oil Workers International Union, Local 228, CIO, herein called the OWIU, con- tends that none of the units sought by the other unions herein is appro- priate because of the history of collective bargaining on a compre- hensive basis, and because each of the units is inappropriate even absent the bargaining history. The seven electricians sought as a separate unit by the IBEW per- form only electrical work. They are separately supervised, and have an assigned space for storage of their tools and materials. Transfer into or out of the electrical department is very rare. The electri- cians are paid substantially more than are ordinary laborers, and about the same rate as other craftsmen at the refinery receive. Be- cause the electricians form a well recognized, apprenticeable craft group, such as has previously been recognized as an appropriate unit in this industry, we believe that they may, if they so desire, constitute a separate unit.3 They may also continue to function as part of the production and maintenance unit in which, for more than 8 years, they have been included.4 We shall, therefore, direct an election among all electricians of the Employer, including trainees in the electrical department, but excluding clerical employees and supervisors. We shall make no unit determination, however, pending the outcome of this election. If the electricians select the IBEW, they will be taken to have indicated their desire to constitute a separate unit; if they select the OWIU, they will be taken to have indicated their desire to remain part of the unit now represented by the OWIU. The 21 testers perform routine laboratory testing, being supervised and trained by a chief chemist, an assistant chief chemist, and 7 chem- ists, all of whom are professionally trained. There are 10 No. 1 test- ers, and 11 No. 2 testers in the laboratory, all paid less than welders, electricians, and other recognized craftsmen in the refinery. The 3 See Matter of Richfield Oil Corporation, 59 N L. R. B. 1554 ; Matter of Standard Oil Company of California, 58 N L R B. 560 The OWIU contends that the failure of the IBEW to seek instrument men along with the electricians indicates the inappropriateness of the electricians' unit There is no merit in this contention, as we generally exclude instrument men from electricians ' units when the parties are in dispute. See, for example, Matter of Mathieson Alkali Works (Inc.), 67 N. L R. B. 716 ; Matter of Standard Oil Com- pany of New Jersey, 61 N L R B. 1344. 4 The OWIU has bargained for all employees at the refinery , except the machinists, and the IAM has bargained for the machinists in a separate unit, since 1940, following consent elections conducted in 1939 THE SMITHS BLUFF REFINERY 53 line of advancement in the laboratory is from trainee to No. 2 tester to No. 1 tester. The training period required for promotion from trainee to No. 2 tester is 1 year; that necessary to become a No. 1 tester depends on the aptitude and diligence of the particular em- ployee. Because we do not believe, on the basis of these facts, that the testers are craft employees, and because of the long history of col- lective bargaining at the refinery in a broader unit, which included the testers, we find that the unit of testers sought by the IAM is inap- propriate for the purposes of collective bargaining.5 We shall dismiss the IAM's petition in Case No. 16-R-2257. The "welding department" includes six welders, five steelworkers, one burner, one blacksmith, two welding trainees and one steelworker trainee. For some purposes, including supervision, these employees are considered by the Employer to be a single department; it is super- vised by an assistant maintenance foreman. For other purposes, how- ever, including wage rates and seniority lists, the welders, the steelworkers, the blacksmith, and the burner constitute separate de- partments; they are carried on the Employer's pay roll as separate de- partments, and the contracts between the Employer and the OWIU have listed each category as a separate department. The welders, the steelworkers, and the blacksmith are all craft employees; the, burners, although paid a lower rate than the others and less skilled,, are cus- tomarily included in some craft unit.as a subsidiary group.', But the JAM seeks here to merge three crafts into one unit, rather than to, establish a pure craft unit. In addition, the unit sought is not a true departmental unit .6 We find, accordingly, that the unit sought by the !AM in Case No. 16-R-2297 is inappropriate for the purposes of col- lective bargaining, and we shall dismiss the IAM's petition in that case.' The three painters in the maintenance department perform routine painting work throughout the plant, working principally on tanks and machinery. There is no painter foreman as such, an assistant mainte- nance foreman supervising the work of the painters; nor are the paint- ers considered a separate department, being grouped with carpenters and insulators for supervision purposes. In addition, the painters are paid less than are the welders, steelworkers, electricians, and other craft employees in the refinery. The record indicates that a training period of 2 years may be required before becoming a painter, but there is also evidence that less than a year has been spent in training in some instances. Under these circumstances, we do not believe that the skills 5 The TAM adduced no evidence that similar units of testers exist elsewhere in industry e See Matter of Manhattan Rubber Manufacturing Division of Raybestos -Manhattan, Inc., 71 N L. R. B. 673 - 7The Pipefitters , an Intervenor, sought substantially the, same unit of "welding depart- ment" employees as the IAM. 809095-49-vol. 79-5 54 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the painters herein are comparable to those of journeymen painters. so as to warrant their severance from the unit established more than 8 years ago. We find, therefore, that the unit of painters sought by the IAM is inappropriate for the purposes of collective bargaining.,, We shall dismiss the IAM's petition in Case No. 16-R-2296. There remains for consideration the IAM's motion for clarification of the unit in the mechanical department, which it now represents pur- suant to a certification by the Board's Regional Director. This motion was referred to the Board by the hearing officer, who refused to hear any evidence of it. It is clear from our decision of April 22, 1944,9 in which we dismissed a petition by the IAM seeking to add machinists' helpers to the unit of machinists already represented by it, that all the maintenance helpers, including the machinists' helpers, are presently part of the unit represented by the OWIU. We do not, by so saying, intend to preclude further consideration of this question, if properly raised by a petition. At that time new evidence may be presented, and will be considered, pertaining to the inclusion of machinists' help- ers in a machinist unit. DIRECTION OF ELECTION 10 As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with The Smiths Bluff Refinery of The Pure Oil Company, Nederland, Texas, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and supervision of the Regional Director for the Sixteenth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regu- lations-Series 5, among the employees in the electricians' voting group described in the section entitled "The appropriate unit," 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, but excluding those employees who have since quit or been discharged for cause and have not been rehired or rein- stated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether they desire to be represented by Local Union B-479, International Brotherhood of Electrical Workers, AFL, or by Oil Workers Interna- tional Union, Local 228, CIO, for the purposes of collective bargaining, or by neither. 8 See Matter of Pacific Car and Foundry Company, 76 N. L. R. B. 32. e Matter of The Pure Oil Company (Smith's Bluff Refinery), 55 N. L R. B. 1455. 10 Any participant in the election , herein may , upon its prompt request to and approval thereof by, the Regional Director, have its name removed from the ballot. THE SMITHS BLUFF REFINERY 55 ORDER IT Is HEREBY ORDERED that the petitions for investigation and certi- fication of representatives of certain of the employees of The Smiths Bluff Refinery of The Pure Oil Company, Nederland, Texas, filed in Cases Nos. 16-R-2257, 16-R-2296, and 16-R-2297, by International Association of Machinists, be, and they hereby are, dismissed.