The Texas Co.

In the Matter of THE TEXAS COMPANY and OIL WORKERS INTER- NATIONAL UNION, CIO LocAL No. 23 Case No.16-R-1675.Decided July 16,1946 Mr. Arnzy B. Steed, of Houston, Tex., and Mr. W. R. Moser, of Port Arthur, Tex., for the Company. Messrs. W. S. Povall, J. F. Ford, Homer Coffman, and Cleytus Wyble, of Port Arthur, Tex., for the CIO. Messrs. W. S. Hayes, John R. May, A. J. LaSalle, W. N. Higgs, Vincent Lena, W. R. White, and Cleveland Romero, of Port Arthur, Tex., for the ULW. Messrs. V. J. Williams, J. L. Lemaire, Jerry Kent, and C. V. Evans, of Port Arthur, Tex., for the Office Employees. Mr. B. M. Ettenson, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a petition duly filed by the Oil Workers International Union, CIO, Local No. 23, herein called the CIO, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of The Texas Company, Port Arthur, Texas, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Joseph C. Wells, Trial Examiner. The hearing was held at Port Arthur, Texas, on May 16, 1946. The Company, the CIO, the United Laboratory Workers, herein called the ULW, and the Office Employees International Union, A. F. of L., Local No. 66, herein called the Office Employees, appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence 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 opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : 69 N. L. R. B., No. 66. 533 534 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD TINDIN(is OF FACT I. THE BUSINESS OF THE COMPANY The Texas Company. a Delaware corporation, with its principal offices in New 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 Port Arthur Works and Ter- minal located at Port Arthur, Texas. The Port Arthur Works is engaged in the production and refining of crude oil and its byproducts. The Terminal ships products finished at the Refinery. Approximately 90 percent of the products of the Refinery is shipped to points outside the State of Texas. The Company admits that at its Port Arthur Works and Terminal it, is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Oil Workers International Union, Local No. 23, affiliated with the Congress of Industrial Organizations, is a labor organization admit- ting to membership employees of the Company. United Laboratory Workers is a labor organization admitting to membership employees of the Company. Office Employees International Union, Local No. 66, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. 111. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the CIO as the exclusive bargaining representative of its employees, and the CIO has accordingly petitioned for an investigation and certification of repre- sentatives. Nevertheless, we have decided to dismiss the petition for the following reasons of policy : On June 25, 1945, following a Board ordered election in which the CIO was one of the competing unions, the ULW was certified as the statutory bargaining agent of the employees involved in this proceed- ing. On March 12, 1946, when the CIO instituted the present pro- ceeding by filing its petition, less than 9 months had elapsed since the ULW's certification. The petition was therefore premature, for it is our view expressed. in many recent cases 1 that, absent extraordinary circumstances, a certified representative should be secure from chal- lenge to its status, and unimpeded in its efforts to bargain collectively 1 Matter of Kimberly -Clark Corporation, 61 N. L. R. B. 90 ; Matter of Omaha Packing Company, 67 N. L . It. B. 304 ; Matter of Con P. Curran Printing Company, 67 N. L. R. B. 1419. THE TEXAS COMPANY 535 with the enrplovei. for a period of 1 year following its certification. 1'he .March 12 petition this care may well have hampered the negoti- atioan of a collective hamgainiiio• contract on behalf of the employees w1ionl the ULAV w,Is still entitled to represent for more than 3 moll tlis.2 We think that the dismissal of that premature petition will effectuate the policies of the Act. If it were not for an additional circtunstance, we might be disposed to direct all election in tills case, there being no contractual or other ham to a present deternrinatioo of representatives, for the practical reason that oil y injury to collective bargaining relationships occasioned by the premature filing of the petition cannot now be effectively rem- edied. But we do not adopt that alternative because the CIO has failed to satisfy our administrative requirement that a union seeking an election must show substantial basis for its claim of representation. '1'lhe designation cards submitted to our regional agent by the CIO were all dated before the hearing decision, and election in the earlier case in which the ULW won the election and was certified in June 19451. Such a stale showing in these circumstances does not warrant an election at this time. Accordingly, we shall dismiss the petition, which should not have been entertained by the Regional Officer. ORDER Upon the basis of the above findings of fact and the entire record in the case, the Board hereby orders that the petition for investigation and certification of representatives of employees of The Texas Com- pany, Port Arthur, Texas, filed by Oil Workers International Union, CIO, Local No. 23, be, and it hereby is, dismissed. 2 See Matter of Midwest Piping & Supply Co., Inc., 63 N. L. R. B. 1060; Matter of Phelps Dodge Copper Products Corporation, Habirshaw Cable and Wire Division, 63 N. L. R. B. 686; Matter of General Electric X-Ray Corporation, 67 N. L. R. B. 997; Matter of Henry .E Alien, Inc., 68 N. L. R. B. 724.