Gulf Oil Corp.

184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Gulf Oil Corporation and Local 715 of the International Union of Operating Engineers, AFL-CIO. Case No. R-5848 (16-R- 682). January 12, 1962 DECISION AND ORDER Pursuant to a Decision and Direction of Election,' an election by secret ballot was held on October 23, 1943, among the employees of the Employer in the appropriate Unit .2 Thereafter, on November 6,1943, Local 715 of the International Union of Operating Engineers, AFL- CIO,3 having received a majority of the valid votes cast in the election, was certified as the representative of the above-mentioned employees. Local 715 has, since its certification, and does now, represent a majority of the employees in the bargaining unit. On September 21, 1961, Local 715 filed a motion with the Board, stating that: (1) Due to the introduction of modern methods in the oil industry, the number of employees in the bargaining unit has steadily declined, and has now reached the point that it is not feasible for these employees to maintain a separate local; (2) another local of the International Union, Local 826, which is located in the same general area, and whose members are employed in similar work, has expressed its willingness to represent the employees in the bargaining unit represented presently by Local 715, and the members of Local 826 have voted to accept these employees, along with the contract and responsibilities of Local 715; (3) a majority of the membership of Local 715' has voted in favor of such a merger; and (4) the Inter- national Union has granted its approval to this merger. Local 715 requests that its certification be amended by substituting the name of Local 826, International Union of Operating Engineers, AFL-FIO, for its own. On October 5, 1961, the Employer filed a brief in oppo- sition to the motion to amend. From the foregoing, and the entire record, it appears that the changes contemplated by Local 715 are not simple administrative or structural changes. There is no indication that the changes are de- signed to insure to the employees presently represented by Local 715 a continuity of their present organization or representation. Rather, it appears that the change would result in a complete loss of the iden- tity of Local 715, and the substitution of a new and different local 1 52 NLRB 880. 2 The appropriate unit, as set forth in the Board's Decision and Order is: "all em- ployees of the Company engaged upon the latter 's properties in the McElroy and Sand Hills pools , excluding administrative , technical , clerical, and all supervisory employees" The current contract, effective March 2, 1961 , recites the unit as : "all employees of Gulf Oil Corporation in the McElroy Pool and in the area known as 'Sand Hills Pool,' except clerical , supervisory, administrative , technical and plant patrol s Herein called Local 715. 4 Not all of the employees in the bargaining unit are members of Local 715. 135 NLRB No. 24. GULFCOAST TRANSIT COMPANY 185 union as representative of the employees in the unit for which Local 715 was certified. From this, it is clear-that the allegations contained in Local 715's motion constitute an attempt to raise a question con- cerning representation. Local 715 requests that we resolve this alleged question concerning representation by amending the certification. The Act and the Board's policy, however, require that such matters be determined through a petition and secret ballot of the employees con- cerned.' Accordingly, we find 8 the motion to amend the certification without merit. [The Board denied the motion.] MEMBERS LEEnoM and BROWN took no part in the consideration of the above Decision and Order. B See R M. Holling8head Corporation, 111 NLRB 840; Gulf Oil Corporation, 109 NLRB 861 ; Weatherhead Company of Antwerp, 106 NLRB 1266; Wagner Electric Corporation, 91 NLRB 220 Cf. National Carbon Company, a Division of Union Carbide and Carbon Corporation ( Edgewater Works), 116 NLRB 488. 6 Chairman McCulloch concurs in the result because the facts presented by the motion and opposition leave some doubt as to whether the merger and change of bargaining repre- sentative from one local union to another actually reflect the desire of a majority of employees in the represented unit. Gulfcoast Transit Company and National Maritime Union of America, AFL-CIO. Case No. 12-CA-2010. January 12, 1962 DECISION AND ORDER On October 18, 1961, Trial Examiner George A. Downing issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and is engaging in certain unfair labor practices, and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the Intermediate Report attached hereto. Thereafter, the Respondent and the National Maritime Union filed exceptions to the Intermediate Report and sup- porting briefs. Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a three- member panel [Members Rodgers, Fanning, and Brown]. The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, and the entire record in the case, and hereby adopts the findings, conclusions, and recom- mendations of the Trial Examiner. 135 NLRB No. 25.