Pan American Refining Corp.

In the Matter Of PAN AMERICAN REFINING CORPORATION and INTERNA- TIONAL ASSOCIATION OF MACHINISTS, LOCAL No. 1446, OF DISTRICT 37, AFFILIATED WTH THE A. F. OF L. In the Matter of PAN AMERICAN REFINING CORPORATION and TEXAS CITY EMPLOYEES FEDERATION , UNAFFILIATED Cases Nos. R-2681 and R 2680, respectively SUPPLEMENTAL DECISION AND DIRECTION OF RUN-OFF ELECTION May 21, 1942 On September 24, 1941, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceed- ings.' On October 22, 1941, the Board issued an Amendment to Direction of Election.2 On November 24, 1941, the Board issued a Second Amendment to Direction of Election.3 On February 6, 1942, the Board issued a Supplemental Decision and Amendments to Direc- tion of Election.' On March 6, 1942, the Board issued a Second Amendment to Direction of Election.5 Pursuant to the Decision and Direction of Election, as amended, an election by secret ballot was conducted on May 5, 1942, under the direction and supervision of the Regional Director for the Sixteenth Region (Fort Worth, Texas).' On May 7, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list___________________________________ 1, 027 Total ballots cast________________________________________ 864 1 35 N. L. R. B. 725 2 36 N. L. R. B. 346. 3 36 N. L. R. B. 347. 4 38 N. L R. B 985. 5 39 N. L. R. B. 563 6 On April 30, Texas City Employees Federation requested permission to have its name withdrawn from the ballot. On May 2, 1942, the Board granted the request. 41 N. L. R. B., No. 34. 463892-42-vol. 41--11 161 162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Total ballots challenged---------------------------------- 0 Total blank ballots--------------------------------------- 2 Total void ballots---------------------------------------- 19 Total valid votes counted--------------------------------- 843 Votes cast for Oil `Yorkers International Union, Local 449 (CIO) -----------------------,------------------------- 353 Votes cast for American Federation of Labor (Machinists, Boilermakers, Hod Carriers and Electricians) ------------ 354 Votes cast for Neither------------------------------------ '136 Thereafter, Oil Workers International Union, Local 449, filed a formal request for a run-off election to be held by the Board. Al- though neither 'of the competing labor organizations received a majority of the votes cast, the results of the election show that a substantial number of employees voting desire to bargain collectively with the Company. Accordingly, we shall direct a run-off election in which the eligible employees will be given an opportunity to decide whether they desire to be represented by International Association of Machinists, Local No. 1446, of District 37, and the International Hod Carriers' Building and Common Laborers Union, and the Inter- national Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of America, and the International Brotherhood of Electrical Work- ers, Local 527, all affiliated with the American Federation of Labor, or by Oil Workers International Union, Local 449, affiliated with the Congress of Industrial Organizations. DIRECTION OF RUN-OFF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Pan American Refining Corporation, Texas City, Texas, an elec- tion by secret ballot shall be conducted as soon as possible, but not later than thirty (30) days from this Supplemental Decision and Di- rection of Run-off Election, 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, Section 9, of said Rules and Regulations, among the employees described in the Supplemental Decision and Amendments to Direc- tion of Election, issued on February 6, 1942, but excluding those who have since quit or been discharged for cause,, to determine whether they desire 'to be represented by International Association of Ma- chinists, Local No. 1446, of District 37, and the International Hod PAN AMERICAN REFINING. CORPORATION 163 Carriers' Building and Common Laborers Union, and the Inter- national Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of America, and the International Brotherhood of Electrical Work- ers, Local 527, all affiliated with the American Federation of Labor, or by Oil Workers International Union, Local 449, affiliated with the Congress of Industrial Organizations, for the purposes of collec- tive bargaining. In the Matter of PAN-AMERICAN REFINING CORPORATION and INTER- NATIONAL ASSOCIATION OF MACHINISTS, LOCAL No. 1446, OF DISTRICT 37, AFFILIATED WITH THE A. F. OF L. In the Matter Of PAN-AMERICAN REFINING CORPORATION and TEXAS CITY EMPLOYEES FEDERATION, UNAFFILIATED Cases Nos. R-2681 and R-2682, respectively CERTIFICATION OF REPRESENTATIVES June 23, 191 On September 24, 1941, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceeding., On October 22, 1941, the Board issued an Amendment to Direction of Election.2 On November 24,. 1941, the Board issued a Second Amendment to Direction of Election.3 On February 6, 1942, the Board issued a Supplemental Decision and Amendments to Direction of Election.4 On March 6, 1942, the Board issued a Second Amend- ment to Direction of Election.5 On May 21, 1942, the Board issued a Supplemental Decision and Direction of Run-Off Election 6 Pur- suant to the Direction of Run-Off Election, an election by secret ballot was conducted on June 5, 1942, under the direction and super- vision of the Regional Director for the Sixteenth Region (Fort Worth, Texas). On June 8, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list___________________________________ 1,011 Total ballots cast________________________________________ 850 Total ballots challenged ----------------------------------- 1 Total blank ballots_______________________________________ 2 1 35 N. L. It. B. 725 4 38 N. L. R B. 985. 2 36 N. L R. B 346. 6 39 N. L. It. B. 563 s 36 N. L. R. B. 347. 6 41 N. L. R B. 161 41 N. L. R. B., No. 34a. 164 PAN-AMERICAN REFINING CORPORATION 165 Total void ballots---------------------------------------- 10 Total valid votes counted--------------------------------- 837 Votes cast for Oil Workers International Union, Local 449, Affiliated with the C. I. 0------------------------------ 462 Votes cast for American Federation of Labor (Machinists, Boilermakers, Hod Carriers, and Electricians) ----------- 375 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HERBY CERTIFIED that Oil Workers International Union, Local 449, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of all production and main- tenance remployees of Pan-American Refining Corporation, Texas City, Texas, including laboratory employees who work as testers making routine examinations, employees of the labor department, machine-shop employees, and boilermakers, but excluding clerical, office, technical or research, and supervisory employees, as their repre- sentative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Oil Workers International Union, Local 449, affiliated with the Congress of Industrial Organizations, is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.