The Texas Co.

J In the Matter of THE TEXAS COMPANY, PORT NECHES REFINERY and OIL WORKERS INTERNATIONAL UNION, LOCAL No. 228, AFFILIATED WITH THE C. I. O. - Case No., R-00173-Decided Decembr 16, 1940 Jurisdiction : oil refining industry. Investigation and Certification of Representatives : existence of question: refusal to accord recognition to union ; pay roll agreed to by parties, directed to be used; election necessary. Unit Appropriate for Collective Bargaining : all employees at the Port Neches Refinery of the Company, including certain subforemen, but excluding office, - clerical, and supervisory employees, foremen, first-aid employees, engineers, the power engineer, chief chemist, research chemists, and chemists. Mr. William R. Consedine, for the Board. Mr. 0. J. Dorwin, of New York City, and Mr. J. H. Pipkin, of Houston, Tex., for the Company. M. Mike Daughtry, of Beaumont, Tex., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On July 22 and August 9, 1940, respectively, Oil Workers Inter- national Union, Local No. 228, affiliated with the C. I. 0., herein called the Union, filed with the Regional Director for the Sixteenth Region (Fort Worth, Texas) a petition and an amended petition alleging that a question affecting commerce had arisen concerning the representation of employees at the Port Neches Refinery of the Texas Company, Port Neches, Texas, herein called the Company, and re- questing an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 9, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. , 28 N. L. R. B., No. 87. 590 THE TEXAS COMPANY 591 On November 12, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. On November 20, 1940, the Regional Director issued an order extending date of hearing . Pursuant to notice, a hearing was held on November 29, 1940, at Beaumont, Texas, before William P. Webb, the Trial Examiner duly designated by. the Board . The Board and the Company were represented by counsel, the Union by its repre- sentative ; all participated in the hearing . Full opportunity to be heard, to examine and cross -examine witnesses, and to introduce evi- dence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence . The Board has reviewed the 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 I. THE BUSINESS OF THE COMPANY The Texas Company is a Delaware corporation having its principal offices in New York City and Houston, Texas. It is the principal subsidiary, wholly owned, of The Texas Corporation, through which it is affiliated with some 50 other corporations, all constituting a world-wide organization for the production, transportation, refining, and marketing of, crude oil and the products thereof, and for incidental businesses. - The Port Neches Refinery of the Company, with which we are here concerned, has a daily crude oil capacity in excess of 25,000 barrels. Most of the crude oil is obtained from the States of Texas and Louisi- ana, but some quantity is imported from Venezuela by tanker. Be- sides the crude oil, the principal raw materials utilized are felt, sheet steel, wood staves, slate, paper and nails. All of these materials are procured from sources outside the State of Texas. The principal finished products at the Port Neches Refinery are asphalt and asphalt roofing, as well as steel barrels, wood barrels and drums used as containers therefor. A major portion of the Port Neches Refinery's finished products is transported to points outside the State of Texas by tanker and freighter to sea and by tankcar and boxcar on rails. The unused portion of the crude oil at the Port Neches Refinery, after the primary distillation of the process is completed, is pumped to the Port Arthur Refinery of the Company for further processing. In finished form, a substantial percentage of all crude oil distillates pumped to the Port Arthur Refinery eventually reach a destination outside the State of Texas. The Port Neches Refinery employs ap- proximately 500 employees. 592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATION INVOLVED Oil Workers International Union, Local No. 228, is a labor organiza- tion affiliated with the Congress of Industrial Organizations. It admits to membership all the production and maintenance employees at the Port Neches Refinery of the Company, excluding clerical, office, and supervisory employees. III. THE QUESTION CONCERNING REPRESENTATION On July 2, 1940, the Union wrote to the Company claiming to represent a majority of the employees at the Port Neches Refinery and requesting exclusive recognition. On July 12, 1940, the Company denied this request. A statement of a Field Examiner of the Board introduced in evidence shows that the Union represents a substantial number of employees in the unit which it alleges is appropriate.) We'find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT, The Company and the Union agreed at the hearing that the appro- priate unit should consist of all employees at the Port Neches Re- finery of the Company, including certain subforemen,2 but excluding office, clerical, and supervisory employees, foremen, first-aid em- ployees, engineers, the power engineer, chief chemist, research chem- ists, and chemists. We see no reason for departing from such unit. - We find that all employees at the Port Neches Refinery of the Company, including certain subforemen, but excluding office, clerical and supervisory employees, foremen, first-aid employees, engineers, the power engineer, chief chemist, research chemists, and chemists, i The Field Examiner's statement shows that 292 employees of the Company have signed authorization cards in ' the Union . There ale approximately 405 employees in the alleged appropriate unit. 2 These subforemea are : F. G. Watson , J. B. McMinn , J. A. Horton, B. L. Rhodes, W. C. Reed, Mark Lee, H . B. Bickers, E A. Guidry , George Stefflen . S. A Ritchie, V Broussard, Lee Depwe, Ivy Wyatt, V. Myers, E . W. Lee, and W . R. Hadley. THE TEXAS COMPANY 593 constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. The Company stated that it desired that no election be held in this proceeding until such time as the Supreme Court of the United States ruled on its petition for writ of certiorari from a:decision of the Circuit Court • of Appeals for the Fifth Circuit sustaining a Decision and Order of the Board disestablishing an independent union at the Port Neches Refinery of the Company.3 We find no merit in the Company 's request. The parties agreed at the hearing that in the event the Board directed an election , eligibility of employees to vote should be determined by the Company 's pay roll of November 19, 1940, introduced in evidence . We find that the em ployees of the Company eligible to vote in the election shall be those in the appropriate unit whose names appear on the Company's pay roll of November 19, 1940, excluding employees who have since quit or been discharged for cause. . . Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees at Port Neches Refinery of The Texas Com- pany, Port Neches, Texas, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees at the Port Neches Refinery of the Company, in- cluding certain subforemen, but excluding office, clerical, and super- visory employees, foremen, first-aid employees, engineers, the power engineer, chief chemist, research chemists, and chemists, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. ' DIRECTION OF ELECTION Bye virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- 8Matter of The Texas Company and Oil Workers International anion Local Nob. 367 and 228, 17 N. L. R. B. 843 ; ent'd as mod. in The Texas Company v. N. L. R. B., 112 F. (2d) 744 (C. C. A. 5). 594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD lations Act , 49 Stat. 449 , and pursuant to Article III, Section 8, 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 The Texas Company, Port Neches , Texas, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction , 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 all employees at the Port Neches Refinery of the Company whose names appear on the Company 's pay roll of November 19, 1940, including certain subforemen , but excluding office, clerical, and super- visory employees, foremen , first-aid employees, engineers, the power engineer, chief chemist, research chemists, chemists , and employees who have since quit or been discharged for cause , to determine whether or not they desire to be represented by Oil Workers International Union, Local No. 228, affiliated with the Congress of Industrial Organizations , for the purposes of collective bargaining. CHAIRMAN HARRY A. MILLIS took no part in the consideration of' the above Decision and Direction of Election. SAME TITLE] AMENDMENT TO DIRECTION OF ELECTION AND ORDER January 8, 19/.1 On December 16, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.' The Direction of Election provided that an election by secret ballot be conducted within thirty (30) days from its date among all employees at the Port Neches Refinery of The Texas Company, herein called the Company, with certain exclusions, to determine whether of not said employees desired to be represented by Oil Workers International Union, Local No. 228, affiliated with the Congress of Industrial Organizations. On January 3, 1941, International Association of Machinists, herein, called the I. A. M., notified the Board that it did not receive any notice of the above-entitled proceeding, that it claimed to represent all ma THE TEXAS COMPANY 595 chinists, helpers, and specialists at the Port Neches Refinery of the Company, and that such employees were included within the unit found by the Board to be appropriate for the purpose of collective bargaining in such proceeding. The Board, having considered the claims of the I. A. M., finds that the record in the above-entitled proceeding should be reopened for the purpose of taking testimony as to the claims of the I. A. M. The Board hereby amends its Direction of Election by striking therefrom the words "as early as possible, but not later than thirty (3O) days from the date of this Direction" and substituting therefor the words "at such time as the Board may in the future direct." ORDER Pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, the Board hereby orders that the record in the above-entitled proceeding be reopened and that a further hearing be held. IT IS FURTHER ORDERED that the above-entitled case be referred to the Regional Director for the Sixteenth Region for the purpose of con- ducting such further hearing. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Amendment to Direction of Election and Order. - 28 N L. R. B., No. 87a 413697-42-vol 28-39