The Texas Co.

In the Matter of Tiir TrxAS COMPANY and Olr, AV ORKERS INTFRNATIONAL U NION, C 1. O. Case No. 13-R-2992 -Decided June 7, 1945 Mr. Harold K. Norton, of Chicago, III , for the Company. Mr. Lawrence L Meskiilen, of Whiting, Ind., for the C. 1. 0 !l'lr I. Bernstein, of Chicago, Ill , for the Teamsters. Mr. John F Hogan, of Chicago, Ill , for the Steam Fitters. Ir. Harold M Hmnphrcys, of counsel to the Board. DECISION AND DIRECTION OF ELECTION " STATEMENT OF THE CASE Upon a petition duly filed by Oil Workers International Union, C. I. 0., herein called the C I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of The Texas Company, Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert T Drake, Trial Examiner. Said hearing was held at Chicago, Illinois, on May 2, 1945 The Company, the C. I. 0., Miscellaneous Warehousemen, Local 781 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, A. F. L, herein called the Team- sters, and Steam Fitters' Protective Association, Service Division, Local Union #597, United Association of Journeymen Plumbers and Steam Fitters of the United States and Canada, A. F. L., herein called the Steam Fitters, appeared and participated 1 All parties were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to intro- duce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. IA representative of Local 701 , International Association of Machinists , A F L , hei em called the Machinists, was present at the hearing but did not enter a formal appearance 62 N. L. R. B., No. 29. 182 THE TEXAS COMPANY 183 Upon the entire record in the case, the Board makes the - following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Texas Company, a Delaware corporation with its principal office in New York City, is engaged in Illinois and other States in the production, refining, sale, and distribution of crude oil and its by-products . This'proceed- ing concerns the Company 's bulk plants located in the Chicago , Illinois, area, known as the Archer-Pitney, Kingsbury Street, West Pullman, and Des Plaines bulk plants. At each of these plants the Company receives, stores , warehouses , and distributes petroleum products . During 1944 the Company handled at these four plants in excess of 33,000,000 gallons of petroleum products , of which more than 3 percent was received from points outside the State of Illinois . For the same period the Company shipped to points outside the State of Illinois in excess of 20 percent of one plant's total distribution . The approximate value of the products sold by these four plants amounted in value to more than $3,500,000. For the purpose of the instant proceeding , the Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Oil \\Torkers International Union, affiliated with the Congress of Indus- trial Organizations, is a labor organization admitting to membership employees of the Company. Miscellaneous Warehousemen, Local 781 of the International Brother- hood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. Steam Fitters' Protective Association, Service Division, Local Union #597, affiliated with the United Association of Journeymen Plumbers and Steam Fitters of the United States and Canada, in.turn affiliated with the American Federation of Labor, is a labor organization admitting to mem- bership employees of the Company. Ill. THE QUESTION CONCERNING REPRESENTATION On March 28, 1945, the C. I. O. requested recognition from the Company as the collective bargaining representative of certain of its employees. The Company did not accord such recognition . A contract with the Company is raised by the Teamsters as a bar to the instant proceeding. Since 1942 the Teamsters has been recognized by the Company as the exclusive bargaining agent of certain of its employees . On April 27, 1942, the contract in question was executed by the Company and the Teamsters, 184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD effective as of May 1, 1942, and to continue in operation for a term of 1 year from the latter date. The contract also provided for automatic renewal for yearly periods thereafter "subject to termination by either party hereto upon 30 days' written notice to the other." Assuming that termination of the contract could be effected by notice thereof 30 days prior to any anniver- sary date, it is evident that no bar exists to a current determination of representatives, for the C. I. 0. apprised the Company of its claim to repre- sentation more than 30 days before May 1, 1945.' A statement of a Board agent, introduced into evidence at the hearing, indicates that the C. I. 0. represents a substantial number of employees in the unit hereinafter found appropriate' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We-find, in substantial accordance with agreement of the parties, that all operating employees at the Company's bulk plants located within or near Chicago, Illinois, and known as the Archer-Pitney, Kingsbury, Street, West Pullman, and Des Plaines bulk plants, including warehousemen, yardmen, loaders, gaugers, and watchmen, but excluding truck drivers,' office and clerical employees, maintenance employees,' automobile mechanics,' fore- men, and all other 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 approprate for the purposes of collective bargaining wiihin 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 an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period imme- diately preceding the date of the Directon of Election herein, subject to the limitations and additions set forth in the Direction See Matter of Cvaddock-Terry Shoe Corp. 55 N. L R. B 1406. The Field Examiner reported that the C T 0 submitted 13 authorization cauds, that the names of 12 persons appearing on the cards were listed on the Company 's pay roll of April 12 , 1945, which contained the names of 21 employees in the alleged appropriate unit, and that the cards were dated in Maich 1945 The Teamsters relies on its contract with the Company as evidence of its interest 4 Truck drivers are represented by a sister local of the Teamsters , c These employees are represented by the Steam Fitters, which appeared solely fog the purpose of protecting its interest in them ° These employees are represented by the Machinists. 7 This is substantially the same unit as that covered by the 1942 agreement between the Company and the Teamsters. 8In accordance with the agieemyut of the parties , Eugene Lang , a pact-tune employee, shall be ineligible to vote. THE TEXAS COMPANY DIRECTION OF ELECTION 185 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 pusuant 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, Chi- cago, Illinois, an election by secret ballot shall be conducted as early as pos- sible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Thir- teenth 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 appropriate in Section IV, above, who were employed during the pay-roll period imme- diately preceding the date of this Direction, including employees who did not work during the said pay-roll period because they were ill or on vaca- tion 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 Oil Workers International Union, C. I. 0., or by Miscellaneous Warehousemen, Local 781 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, A. F. L., for the purposes of collective bargaining, or by neither.