Shell Oil Co., Inc.

In the Matter of SIr.LL OIL COMPANY, INCORPORATED and INTERNA- TIONAL BROTHERHOOD OF *BOILERMAKERS, IRON SHIP BUILDERS, WELDERS AND HELPERS OF AMERICA, A. F. OF L. Case No. R-1442.Decided February 928, 1940 Oil Producing and Refining Industry-Investigation of Representatives: peti- . tion for, dismissed without prejudice , where no question concerning representa- tion of employees in an appropriate unit has arisen. Mr. David Sokol, for the Board. Mr. Thomas Crowe, of Los Angeles, Calif., for the Boilermakers. Mr. Fred L. Phillips and Mr. R. I. Bruce, of Long Beach, Calif., for the Oil Workers. Mr. Emanuel Butter and Mr. Robert D. Allen, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE ' On January 14, 1939, International Brotherhood of Boilermakers, Iron Ship Builders, Welders and Helpers of America, A. F. of L., herein called the Boilermakers, filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Shell Oil Company of California, now Shell Oil Company, Incorporated,' San Francisco, California, herein, called the Company, and requesting an investigation and certifica- tion of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 2, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 1 It was stipulated by all parties that on April 1, 1939, Shell Oil Company of California, incorrectly designated in the formal papers herein as Shell Oil Company ( of California), merged with Shell Petroleum Corporation , a Virginia corporation , and the name of the new corporation became Shell Oil Company, Incorporated . At the hearing the Trial Examiner ordered that the pleadings be amended to show the present name of the com- pany. The term "Company," unless the context indicates otherwise , is used herein to designate' both Shell ' Oil Company of California and Shell Oil Company, Incorporated. 20 N. L. R. B., No..95. 1017 1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3, of National Labor Relations Board Rules and Regulations- Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On June 22, 1939, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon the Boilermakers, and upon Oil Workers International Union, herein called the Oil Workers, a labor organization claiming to represent employees directly affected by the investigation.2 Pursuant to notice, a hearing was held on July 24, 1939, at Los Angeles, California, before Thomas H. Kennedy, the Trial Examiner duly designated by ' the Board. The Board was represented by counsel.; the Boilermakers and the Oil Workers by representatives; and all participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was af- forded all parties. During the course of the hearing, the Trial Ex- aminer made rulings on a motion to 'amend the pleadings and on an objection to the admission of evidence. The Board has reviewed these rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Shell Oil Company of California participated in a previous hearing conducted by one of the Board's Trial Examiners from December 10, 1936, to January 29, 1937. Pursuant to a written stipulation herein between the Board and the Company, concurred in by the other parties at the hearing, it was agreed that the Company "is now oper- ating in the Pacific Coast States of 'the United States in substantially the same manner as Shell Oil Company of California" formerly operated, and that the findings of fact as set forth in the Decision in the previous case 8 might be introduced into evidence and considered 2 Copies of the notice of hearing and subsequent notices of postponement were also served upon International Brotherhood of Teamsters , Chauffeurs , Stablemen & Helpers of America ; International Union of Operating Engineers ; United Association of Journey-. men Plumbers & Steam Fitters of U. S. and Canada ; International Brotherhood of Elec- trical Workers ; Oil Industry Metal Trades Council ; International Association of Machinists ; Central Labor Council of Los Angeles ; and the Los Angeles Industrial Union Council. None of these organizations made a formal appearance in the proceeding. s Matter of Shell Oil Company of California and International Association of Oil Field, Gas Well and Refinery Workers of America, International Association of Machinists, International Brotherhood of Boilermakers, Iron Shipbuilders and Helpers, International Brotherhood of Blacksmiths, Drop Forgers and Helpers, International Brotherhood of Electrical Workers, and Welders International Association, Intervener, 2 N. L. R. B. 835. SHELL OIL COMPANY, INC. 1019 by the Board for the purpose, of showing the character of the busi- ness of the Company in the Pacific Coast area, there having been no substantial change in the volume of the Company's products shipped in intrastate and interstate commerce since that Decision. Pursuant to the stipulation there was introduced into evidence herein a copy of the Decision in the previous case, issued on May 24, 1937, which contained under the heading "FINDINGS OF FACT, I. The Company and its Business," a detailed statement of the corporate structure and busi- ness operations of Shell Oil Company of California. Those findings of fact relative to the character and extent of the business of Shell Oil Company of California are hereby incorporated in and made a part of this Decision and Order as applicable to the Company. II. THE ORGANIZATIONS INVOLVED International Brotherhood of Boilermakers, Iron Ship Builders, Welders and Helpers of America, A. F. of L., is a labor organization affiliated with the American Federation of Labor, admitting to its membership employees of the Company. Oil Workers International Union is a labor organization affiliated with the Congress of Industrial Organizations, admitting to' its membership employees of the Company. III. THE APPROPRIATE UNIT On May 24, 1938, the Board issued a Decision and Direction of Election 4 in a proceeding involving the claims of several labor or- ganizations, including the Boilermakers and the Oil Workers, to represent employees of the Company in its California operations. In that proceeding the Oil Workers contended, for' a single unit consist- ing of all employees, with certain exceptions not here pertinent, engaged in work in the Company's California operations. Four of the intervening unions, including the Boilermakers, contended that separate State-wide units established on a craft basis were appropri- ate. To resolve these conflicting claims, the Oil Workers and the four intervening unions stipulated and the Board found that separate ballots should be prepared for employees coming within the juris- diction of each of the four intervenors and that the employees in each group should be allowed to choose between the Oil Workers and that intervenor claiming to represent the employees in the par- ticular group. By agreement of the parties, each of the four inter- vening unions prepared and submitted in evidence a list containing 4Matter of Shell Oil Company and International Association of Oil Field, Gas Well and Refinery Workers of America, 7 N. L. R. B. 417. 1020 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the names of all employees 'within the unit claimed by it to be appropriate.5 Pursuant to the results of the elections which the Board then directed and held, the Board certified collective bargain- ing representatives for two of these groups as well as for a group composed of employees not included in the four craft groups 6 The employees that the Boilermakers, in that proceeding, claimed to con- stitute an appropriate unit failed to designate any collective bargain- ing representative and the petition in so far as it related to that group was therefore dismissed.7 In its petition and at the hearing herein the Boilermakers claimed that all employees of the Company in the State of California who are eligible to membership in the Boilermakers' constitute a unit appropriate for the purposes of collective bargaining. To show what employees are admitted to its membership, the Boilermakers introduced into evidence a copy of that part of its constitution which defines the types of work over which it claims jurisdiction. The Boilermakers' claim appears to conflict with the units found by the Board to be appropriated in the earlier proceeding involving the em- ployees of the Company' and for which the Board certified other labor organizations as collective bargaining representatives. Fur- ther, the claim of the Boilermakers is at great variance with its posi- tion in the earlier proceeding. The Boilermakers introduced no evidence either to explain this variance or to show that the units previously found by the Board to be appropriate are now inap- propriate. Throughout the hearing, also, the Boilermakers refused either to produce any evidence concerning the actual duties of employees who would be included in the unit claimed by it to be appropriate, to define the scope of the" unit by naming the employees who would be included therein, or to define the unit claimed to be appropriate in the terms of the Company's pay roll. The scope of the unit claimed by the Boilermakers to be appropri- ate is further rendered ambiguous by the Boilermakers' conflicting contentions, made in its petition and at the hearing, relative to the number of employees included therein. In the previous proceeding' to which we have referred, the Boilermakers claimed to represent a majority of the employees in a unit consisting of 73 employees. In its petition herein the Boilermakers states that it represents "63 Boilermakers, riveters, caulkers, layout men, inspectors, tank men, punch-shear men, roll operators, tube rollers, welders, burners, flang 5 The list prepared by the Boilermakers in that proceeding ( Intervenors Exhibit No. 15 therein ) contained the names of 73 employees , of whom, at the time of the hearing herein, 55 were still employed by the Company. At the hearing herein, that list was introduced into evidence as Board Exhibit No. 6. 6 9 N. L. R. B. 908. 7 10 N. L. R. B. 1370. SHELL OIL COMPANY, INC. 1021 turners,, Etc. and helpers of the foregoing." According to its pay roll the Company employs over 400 men as boilermakers, inspectors, tankmen, welders, burners, and helpers, and none in the other classi- fications named. At one point in the hearing the Boilermakers' representative testified that the unit which it claims to be appropriate consists of only about 15 employees of the Company. Under all the circumstances we are unable to find that an appro- priate unit exists within the scope of the Boilermakers' petition and the evidence introduced at the hearing in support thereof. On September 28, 1939, the Boilermakers filed a petition to reopen the hearing herein and offered to submit evidence in support of a claimed appropriate unit consisting of all boilermakers, tube inspec- tors, tank inspectors, still inspectors, boiler inspectors, boilermakers' helpers, boilermakers' welders, and boilermakers' burners employed by the Company throughout the State of California. But 17 em- ployees in 3 of these classifications appear on the Company's pay roll; none in the other classifications appear thereon. It thus appears that the petition to reopen the hearing also inadequately and ambigu- ously sets forth the Boilermakers' claim as to the appropriate unit. Nor does the petition to reopen specify what evidence the Boilermak- ers would introduce to resolve the ambiguities in the petition. Fur- thermore, we believe that the entire matter would be better disposed of by the Boilermakers' filing, if they so desire, an entirely new peti- tion for an investigation and certification of representatives pursuant to Section 9 (c) of the Act. The Boilermakers' petition to reopen the hearing is therefore denied. IV. THE QUESTION CONCERNING REPRESENTATION Since as stated in Section III above, we are unable to find an appropriate unit on the basis of the petition filed herein and the evidence adduced in support thereof, we find that no question has arisen concerning the representation of employees of the Company in an appropriate bargaining unit. We shall order the petition dis- missed without prejudice, however, to the filing of a further petition by the Boilermakers. Upon the basis of the above findings of fact and the entire record in the case, the Board makes the following: CONCLUSION OF LAW No question concerning representation of employees of Shell Oil Company, Incorporated, San Francisco, California, in a unit which is appropriate for the purposes of collective bargaining has arisen within the meaning of Section 9 (c) of the National Labor Relations Act. 1022 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD ORDER Upon the basis of the foregoing findings of. fact and conclusion of law, the National Labor Relations Board -hereby orders that the petition for investigation and certification filed by International Brotherhood of Boilermakers, Iron Ship. Builders, Welders and Helpers of America, A. F. of L., be, and it hereby is, dismissed without prejudice. t