General Petroleum Corp. of California

In the Mattel of GENERAL PETROLEUM CORPORATION OF CALIFORNIA and SAILORS UNION OF THE PACIFIC, A. F. L. Case No. R-3935.-Decided July 11, 194.o2 Jurisdiction : water transportation industry Investigation and Certification of Representatives: existence of question, re- fusal to negotiate with petitioner until certified by Boaid, prior certification of petitioner in effect for nearly 4 years held no bar, petitioner's contract with Company held no bar, where petition was filed more than 30 days prior to yearly expiration period of contract, filing of petition was an act inconsistent with continuing existence of contract, and contiact had been in effect mote than 3 years, election necessary Unit Appropriate for Collective Bargaining : all unlicensed deck employees on the oil tankers of the Company ; unit identical to that for which petitioner was previously ceitified Mr. D. W. Woods, of Los Angeles, Calif., for the Company. Mr. I. B. Padway and Mr. Harry Lundeberg, of San Francisco, Calif , for the S. U P. and the S. I. U. Mr. Robert E. Tillman, of counsel to the Board. - DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Sailors Union of the Pacific, A. F. L., herein called the S. U P., alleging that a question affecting commerce had arisen concerning the representation of employees of General Petroleum Corporation of California,' Los Angeles, California, herein called the Company, the National Labor Relations Board provided for an appropi iate hearing upon due notice, before Robert C. Moore, Trial Examiner. Said hearing was held in Los Angeles, California, on June 8,1942. The Company, the S. U. P., and Seafarers International Union of North America, A. F. of L., herein called the S. I. U., ap- peared and participated.' All parties were afforded full opportunity i The Company's name appears in this form in its stipulation as to commerce 2 National Maiitime Union, affiliated with the C I o , although served with notice of the hearing, did not appear 42N L R B,No 80 339 340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed Upon the entree record in the case, the Boaid makes the following: FINDINGS OF FACT I THE BUSINESS OF TIIE COMPANY General Petroleum Corporation of Califoinia, a Delaware corpora- tion, maintains its principal office in Los Angeles, Califoinia The Company is engaged in the hvsiness of producing, refining, transport- ing, and marketing oil and oil products. During the 9 months' peiiod ending September 30, 1941, the Company purchased raw ma- teiials valued at $12,096,000, of which $68,000 represents the value of materials purchased outside the State of California Duiing the same period, the, Company sold products valued at $39,392,000, of which $17,066,000 represents the value of products sold outside the State of- California. In connection with its business, the Company operates seagoing oil tankers which admittedly haul cargoes to ports outside the State of California. These tankers are the only aspect of the Company's open ations involved in the present proceeding. H. THE ORGANIZATIONS INVOLVED Sailors Union of the Pacific, affiliated with the American Fedeia- tion of Labor, is a labor organization forming a distinct division of Seafarers International Union of North America It admits to mem- berslup unlicensed deck personnel employed on the Company's tankers Seafarers International Union of North America, affiliated with the American Federation of Labor, is a labor organization admitting to membership unlicensed personnel employed on the Company's tankers It is not claiming any unit in this proceeding III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated, and we find, that the Company has refused to negotiate with the S U P until the latter is certified by the Board On July 29, 1938, the S. U P. was certified by the Board as the collective bargaining representative of a unit comprising unlicensed deck personnel on the Company's tankers.3 This was the same unit as that for which the S U. P is presently petitioning The present peti- tion was filed with the intention that the S U P might be recertified as the bargaining representative of a unit of unlicensed deck personnel 8Matter of General Petroleum Corp of California and Saalor8 Union of the Paefle, 8 N L R B 686 GE \ ERAL PE1 ROLEUM CORPORATION OF CALIFORNIA 341 ning repre- at the same time as the S I U was certified as the bargai sentative of separate units of stewards and unlicensed engine-room employees 4 The S U P now urges that we either dismiss-the petition and reinstate the prior certification, or order an election in the unit petitioned for The Company contends that since the filing of the petition was inconsistent with the prior certification, and inas- much as that certification h.es been in effect for nearly four years, that an election should be ordered to ascertain whether the S U. P. is still the bargaining representative of a majority of the unlicensed deck employees employed on the Company's tankers. In view of all these facts, we find that the prior certification is no bar to a present determination of the question concerning representation. Pursuant to the pi for certification, the S U P. and the Company enteied into a contract on February 15, 1939, the terms of which pro- -% ided that the contract was renewable yearly unless terminated by 30 days' written notice prior to any yearly expiration date. Under these terms, the contract was automatically renewed in 1940 and 1941 On December 22, 1941, the S U P. notified the Company by telegram that it claimed to iepiesent the Company's unlicensed deck employees. The manager of the marine-transportation division of the Company testified that lie interpreted this telegram as indication that the S U P. was terminating its contiact. On January 14, 1942, more than 30 days before the yearly expiation date of the contract, the S U P, pur- suant to the teisns of the contract, notified the Company of its desire to reopen the contract for discussions of changes and amendments. The Company replied in a letter dated January 23, 1942, less than 30 days prior to the yeaily expiration date, that it regarded the contract as terminated The S U P made no ieply to this letter, and the manager of the iiaiine-transportation division testified that he as- sumed that by this silence the S U P. acquiesced in the Company's position The Company now contends that there is no contiact The S U P) a n the other hand, contends that the contract is still in existence, but does not plead it as a bar to its own petition We need not decide whether the contract was terminated as suggested by the Company We find, how ever, that since the petition was filed on December 29, 1941, by a party to the contract, more than 30 days before the yearly expiration period of the contract, and since the filing of the petition was an act inconsistent with the continuing existence of the contiact after Februaiy 15, 1942, and since the contract has been in effect, for 'The S I TJ filed petitions claiming to iepicsent separate units of stewards and unlicensed engine-room employees at the time that the S U P petitioned for a unit of unlicensed deck personnel The S I U petitions were dism,,sed nnrthout healing because of failuic to make showings of substantial inteiest 342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD more than 3 years that it is no bar to a present determination of the question concerning representation. A statement of the Regional Director, introduced in evidence at the hearing, indicates that the S U P. represents a substantial number of employees in the unit hereinafter found appropriate.5 - We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6Y and (7) of the Act. IV. THE APPROPRIATE UNIT The S. U. P. requested a unit of all unlicensed deck employees on the oil tankers of the Company. The Company stated that it had no preference as to the appropriate unit Since, as stated in Section III, above, the unit requested by the S. U P. is the same as that which we previously found to be appro- priate, and since no other party at this time contends for any other unit, and the record clearly supports the finding that such unit is appropriate, we find that all unlicensed deck employees on the oil tankers of the Company constitute a unit appropriate 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 question concerning representation which has arisen be resolved by means of an election by secret ballot. In ,view of the present- uncertainty as to the arrival, departure, routes, and personnel of the Company's present operations, we shall direct that the Regional Director for the Twenty-first Region, under whose direction the election will be held, shall determine the exact time, place, and procedure for giving notice of the election and for balloting Those eligible to vote will be the unlicensed deck employees who are employed as such on each vessel at the time balloting takes place on that vessel, provided however, that no employee shall vote more than once. Since the National Maritime Union has made no showing of mem- bership in the unit herein found appropriate, it is,not entitled to a place on the ballot. 5 The Regional Director stated that the S U P had submitted to him 4 petitions bearing a total of 49 signatures, all of which appeared to be genuine and of ngmal , and that 14 of the signatures were names of persons whose names appeared on the Company 's pay roll of unlicensed deck employees foi January 20, 1942, which listed 39 such employees The National Maritime Union, affiliated with the C I 0, although not participating in the hearing, submitted 41 authorization cards , all bearing apparently genuine signatures None of the signatures were names of persons listed on the aforementioned pay roll as unlicensed deck employees , and only six were names of persons listed on the pay roll of total unlicensed peisonnel for January 20, 1942, which contained 09 names GENERAL PETROLEUM CORPORATION OF CALIFORNIA 343 DIRECTION OF ELECTION 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Seizes 2, as amended, it is hereby DIRECTED that, as pact of the investigation to ascertain representa- tives for the purposes of collective bargaining with General Petroleum Corporation of California, Los Angeles, California, an election by secret ballot shall be conducted as soon as convenient, and beginning as promptly as is practicable after the date of this Direction, in con- formity with the instructions set forth in Section IT, above, for the conduct of such election, under the diiection and supervision of the Regional Director for the Twenty-first 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 all employees of the Company in the unit found appropriate in Section IV, above, to determine whether or not they desire to be represented by Sailors Union of the Pacific, affiliated with Seafarers International Union, A. F. of L , for the purposes of collective bargaining CD?