The Texas Co.

In the Matter of THE TEXAS COMPANY, PORT ARTHUR, TEXAS (CASE AND PACKAGE DIVISION and OFFICE EMPLOYEES UNION, No. 22977, AFL -In the Matter of THE TEXAS COMPANY, PORT ARTHUR, TEXAS and OIL WORKERS INTERNATIONAL UNION LOCAL No. 23, CIO Cases Nos. 16-R-1216 and 16-R-1217, respectively.Decided June 4,1945 Air. Hugh McCloskey, of Houston , Tex., and 111gssrs Lf/. R. Moser and C. E. Yates, of Port Arthur, Tex., for the Company. Mr. C. A. Stafford, of Port Arthur , Tex., and !12r. A. G. Tomblin, of Beaumont, Tex., for the AFL. •1111r. W. J. Trombley, of Beaumont , Tex., for the CIO. Mr. A. J. LaSalle, of Port Arthur, Tex., for the United. dlr. Harold M!_Hin t plirevs , of counsel to the Board. DECISION AND DIRECT-ION OF ELECTIONS STATEMENT OF THE CASE Upon petition and amended petition duly filed by Office Employees Union, No. 22977, AFL, herein called the AFL, and Oil Workers Inter- national Union, Local No. 23, CIO, herein called the CIO, alleging that question,, affecting commerce had arisen concerning the representation of employees of The Texas Company, Port Arthur, Texas, herein called the Company, the National Labor Relations Board consolidated the cases and provided for an appropriate hearing upon due notice before Earl Saunders, Trial Examiner. Said hearing was held at Port Arthur, Texas, on April 20, 1945. The Company, the AFL, the CIO, and United Laboratory Workers, herein called the United, appeared and participated 1 All parties were af- forded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence beating on the issues. The Trial Examiner's rul- ings n-iade at the hearing are free from prejudicial error and are hereby I United Laboratory Workers appealed at the commencement of the hearing and moved to ntei- vene in Case No 16-R-1217, relying upon a contract with the Company covering the employees therein sought as evidence of its interest The notion was granted by the Ti al Examiner 62 N. L. R. B., No. 12. 103 104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD affirmed. All parties were afforded an 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, a Delaware corporation with its principal offices in Ne^v York City, is engaged in Texas and other States in the production, refining, and marketing of crude oil and its byproducts. This proceeding concerns the Company's case and package plant, known as the Case and Package Division, and refinery and terminals, known as the Port Arthur Works and Terminal, all located at Port Arthur, Texas. At the Case and Package Division the Company manufactures cans, pails, and other con- tainers for petroleum products. The Terminal ships products finished at the refinery. Approximately 21 percent of the products of the Case and Package Division and 90 percent of the products of the refinery is shipped to points outside the State of Texas. The Company admits that, at its Case and Package Division and Port Arthur Works and Terminal, it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Office Employees Union No. 22977, affiliated with the American Fed- eration of Labor; Oil Workers International Union, Local No. 23, affiliated with the Congress of Industrial Organizations, and United Laboratory Workers, unaffiliated, are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the AFL, the CIO, or the United, as the exclusive bargaining representative of certain of its employees until certification by the Board. A statement of a Board agent, introduced into evidence at the hearing, indicates that AFL represents a substantial number of employees in the unit hereinafter found to be appropriate in Case No. 16-R-1216, and that the CIO represents a substantial number of employees in the unit hereinafter found appropriate in Case No. 16-R-1217.- 2Case No. 16-R-1216 The Field Examiner reported that the AFL submitted 14 authorization cards; that all the names of persons appearing on the cards were listed on the Company 's pay roll of February 15, 1945, which contained the names of 20 employees in the alleged appropriate unit, and that the cards were dated January and February 1945. Case No 16-R-1217. The Field Examiner reported that the CIO submitted 189 authorization cards, that the names of 180 persons appearing on the cards were listed on the Company's pay roll of February 25, 1945, which contained the names of 267 employess in the alleged appropriate -unit, and that the cards were dated February 1943 through March 1945. The United relies on its contract with the Company for its showing of interest . This agieement is not raised a bar THE TEXAS COMPANY '105 We find that questions affecting commerce have arisen concerning 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 Case No. 16-R-1216 We find, in substantial accordance with the agreement of the parties, that all clerical and office employees at the Company's Case and Package Divi- sion,' excluding department heads, technical employees, confidential em- ployees,' and all supervisory employees with the 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. Case No. 16-R-1217 We find, in substantial accordance with the agreement of the parties, that all hourly paid laboratory employees at the Company's Port Arthur Works and Terminal,' excluding clerical employees, technical employees,' admin- istrative employees,' 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 appro- priate 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 questions concerning representation which have arisen be resolved by separate elections by secret ballot among the employ- ees in the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject 3 Including the assistant storekeeper ; clerks , timekeepers ; checkers , first class; stenographers, clerk -machine operator ; pay-roll clerk; stock clerk ; and office girl. - + Excluded from the unit as confidential employees pursuant to the agreement of the parties are the stengorapher -confidential secretary to the plant manager, and assistant plant manager , the stenog- rapher -confidential secretary to the industrial relations manager; and the file clerk 5 Excluded from the unit as supervisory employees pursuant to the agreement of the patties are the assistant supervisor ; head general clerk, storekeeper ; cashier; supervisor of stocks and operating supplies; head timekeeper ; and head cost and budget clerk. 6 including experimental laboratm y operator , first class (special); tester , first class ( special); experimental laboratory operator, first class, tester, first class, experimental l.dsoratm y operator, second class ; tester, second class, janitor , laborers; and laboratory helper (special) 4 Excluded from the unit as technical employees pursuant to the agreement of the parties sic chemists, analytical chemists, and chemical engineer A Excluded from the unit as administrative employees pursuant to the agreement of the parties are the assistant to the chief chemist, and the assistant to the assistant to the chief chemist ° Excluded from the unit as supeivisoty employees putsuaut to the agreement of the parties arc the dnector , assistant dnector, foicmen, and subfinennen r° The Board has previously found precisely the same unit to be apptopi tale Sec Matico of 711C Tc.tas Company, 37 N L. R B 932, and 38 N. L. R B 1029 106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to the limitations and additions set forth in the Direction." 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with The Texas Company, Port Arthur, Texas, separate elections 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 Sixteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the units found appro- priate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this,Direction, including employees who (lid not work during the 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 those employees who have since quit or been discharged for cause and `have not been rehired or reinstated prior to the date of the elections, to determine : (1) with respect to the employees in the unit found appropriate in Case No. 16-R-1216, described in Section IV, supra, whether or not they desire to be represented by Office Employees International Union, Local No. 22977, AFL, for the purposes of collective bargaining ; and (2) with respect to the employees in the unit found appropriate in Case No. 16-R-1217, described in Section IV, supra, whether they desire to be represented by Oil Workers International Union, Local No. 23, CIO, or by United Laboratory Workers, for the purposes of collective bargaining, or by neither. , n We hereby grant the requests of the unions to be designated on the ballot in which they are respectively interested as their names appear in the Direction.