Tidewater Associated Oil Co.

In the Matter of TIDEWATER ASSOCIATED OIL COMPANY, ASSOCIATED. DIVISION and ASSOCIATED SEAMEN'S ASSOCIATION Case No. R-2023.-Decided January 17, 1941 Jurisdict on: water transportation industry. I Investigation and Certification of Representatives : existence of question: con- flicting' claims of rival representatives ; election necessary. Unit Appropriate for Collective Bargaining : unlicensed deck personnel on the tankers operated by the Company out of Pacific Coast ports ; agreement as to. Mr. W. H. Ashby, of Martinez,, Calif., for 'the A. S. A. Mr. Charles J. Janigian, of San Francisco ,Calif., for the S. U. P. Mr. Daniel W. Hone, of San Francisco, Calif., for the Company., Mr. Malcolm A. Hoffmann, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 11, 1940, Associated Seamen's Association, herein called the A. S. A., filed with the Regional Director for the Twentieth Region (San Francisco, California) a petition alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Tidewater Associated Oil Company, Associated Divi- sion , herein called the Company, and requesting 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 July 17, 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 Relations Board Rules and Regu- lations-Series 2, as amended, ordered an investigation and author- ized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On July 24, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the A. S. A., and the Sailors Union of the Pacific, herein called the S. U. P., a 29 N. L. R B., No 15 88 TIDEWATER ASSOCIATED OIL COMPANY 89 labor organization claiming to represent employees affected by the' investigation.' A notice of postponement of the hearing was issued by the Regional Director on July 31, 1940, and duly served on all of the above parties. Pursuant to the latter notice, a hearing was held on August 26, 27, 28, and 29, 1940, at San Francisco, California, before John Paul Jennings, the Trial Examiner duly designated by the Board. The Board and the S. U. P. were represented by counsel, the A. S. A. by its representative; all participated in the hearing. Full opportunity to be heard, to examine and cross-examine wit- nesses and to introduce evidence 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 Ex- aminer and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On September 19, 1940, the S. U. P. submitted a brief which has been considered by the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Tidewater Associated Oil Company is a Delaware corporation en- gaged in the business of producing, manufacturing, and selling, inter alia, crude oil and the refined-products of petroleum. Its operations are conducted in three divisions: Tidewater Eastern Division, 'which operates in the eastern United States; Mid-continent Division, oper- ating in the middle and gulf sectors; and the Associated, or Western Division, operating. in the western part of the United States, includ- ing the Pacific Coast. - The Company 2 owns and operates, two refineries in California. It transports part of the crude oil used by these refineries from various California coastal points in a fleet of six ocean-going tankers which are normally located ' at, •or operate out of, Pacific Coast ports. The Company also utilizes its tankers to transport refined products and fuel oil from its refineries in California and from other points to marine terminals of the Company, or its customers, located in the States of Washington, Oregon, and California, at points in the Hawaiian Islands, and at Manila, in the Philippine Islands. During the calendar year 1939, the Company handled in excess of 49,000,000 i During the hearing the S. U. P. filed a petition for intervention, which was granted by the Trial Examiner. "Company" as used herein refers only to the Associated, or western Division, of the Tidewater Oil Company. 90 11 DECISIONS OF NATIONAL LABOR RELATIONS BOARD barrels of crude oil and refined products, of which approximately, 20,000,000 barrels were transported by Company tankers. Approx- imately 6,000,000 barrels of the total amount were transported from, points in California to points outside that State. During`•the first 6 months of 1940, the Company handled in excess of 28,000,000 bar- rels of crude oil and refined products, of which approximately 11,- 000,000 barrels were transported by Company tankers. Approxi- mately 3,000,000 barrels of the total amount were transported by said tankers from points in California to points outside that State. The unlicensed deck personnel in each of said tankers consists of one boatswain, seven able-bodied seamen, and three ordinary seamen. II. THE ORGANIZATIONS INVOLVED Associated Seamen's Association is an unaffiliated labor organiza- tion.3 -It admits to membership all unlicensed personnel on tankers, operated by the Associated Division of the Tidewater Oil Company, on the Pacific Coast. Sailors Union of the Pacific is a labor organization affiliated with the American Federation of Labor, admitting to membership all unlicensed personnel on tankers operated out of Pacific Coast ports by the Associated Division of Tidewater Oil 'Company. M. THE QUESTION CONCERNING REPRESENTATION On August 1, 1938, the S. U. P. was certified as the exclusive rep- resentative of unlicensed deck personnel of the Company 4 and there- after, entered into bargaining negotiations with the Company. The A. S. A., although it bargained for unlicensed deck personnel' prior to the certification of the S. U. P., has not since that time requested recognition, but now claims that it represents a majority of the un- licensed deck personnel, and seeks certification by the Board as a basis for recognition. The S. U. P. also claims to represent a major- ity of the unlicensed deck personnel of the Company. It contends that no question has arisen concerning the representation of such employees. At the hearing it introduced testimony suggesting that 5 There is no merit to the S . U P. contention that the A . S A is not a labor organization within the meaning of Section 2 ( 5) of the Act. On August 1, 1938, the A. S. A. was cer- tified by the Board as exclusive representative of unlicensed personnel of the engine depart- ments of the Company. Matter of Associated Ott Company and Sailors Union of the Pacific, et al, 8 N L. R B 750 The S U P. on duly 25, 1940, and after the petition herein was filed by the A S. A, filed charges of unfair labor practices against the Company, including a change that the` Company "dominated and interfered with the administration" of the A S A. On December 18, 1940, the Regional Dii ector , after investigation , refused to issue a complaint on the basis of this charge The S U P did not appeal from this ruling * Matter of Associated Oil Company and Sailors Union of the Pacific, et al , 8 N. L R B 750 TIDEWATER ASSOCIATED OIL COMPANY 91 on February 15, 1939, it had entered into an oral' collective agree- ment with the Company. However, counsel for the S. U. P. later stated that the S. U. P. was not taking any position on the question of whether such an agreement had been consumated. Moreover, there is no proof that such an agreement, if made, is presently in force.' At the hearing there was introduced in evidence a report prepared by the Regional Director for the Twentieth Region showing that each labor organization here involved represents a substantial num- ber of the employees in the unit hereinafter found to be appropriate.5 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 de"scrihed' in Section hf'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 com- merce and the free flow of commerce. We find that the Company is engaged in traffic, and transportation between the several States and in foreign commerce, and that the unlicensed deck personnel employed on the vessels of the Company are directly engaged in such traffic, commerce, and transportation. V. THE APPROPRIATE UNIT It was stipulated by all parties to the proceeding that the appro- priate unit should consist of unlicensed deck personnel on all tankers operated by the Company out of Pacific Coast ports." Such unit comports with that heretofore found by us in proceedings involving the same parties to be appropriate for the purposes of collective bargaining.' 5 The statement of the Regional Director recites that 13 individuals on the Company's pay roll of July 31, 1940, signed authorization cards in both organizations , and that 12 of these individuals are claimed as paid-up members by both organizations. It is also indicated by the Regional Director's report that the desires of these employees may prove determinative of majority representation , since of 63 individuals on the July 31, 1940, pay roll each organization displayed authorization cards representing a majority of said employees, while 27 names appear on the A. S . A membership roster and dues record as paid -up members, and 26 on the S. U P.'s membership roster and dues record as paid-1up members At the time of the hearing these tankers were S. S. Associated, S S F. A. Drum, S. S. Kewanee, S. S. Paul Shoup, S S. M H. Whittier, and S. S Solano, although the S S Solano was then on the Eastern Coast All parties stipulated that the crew of this tanker should be included within the appropriate unit, and we so find 7Matter of Associated Oil Company and Sailors Union of the Pacific, et al. 5 N. L. R. B., 893. 899. 92, DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that the unlicensed deck personnel on the tankers operated by the Company out of Pacific Coast ports constitute a' unit appro- priate for the purposes of collective bargaining, and that said unit will insure to the employees of the Company,the full benefit of their right to self-organization and to collective bargaining and other- wise effectuate the policies of the Act. Vt. THE DETERMINATION OF REPRESENTATIVES Both labor organizations assert that' they represent a majority of the employees in the appropriate unit. Consequently, we find that the question concerning representation which has arisen can best be resolved by an election by secret ballot and we shall direct that such an election be held. Both labor organizations believe that an election, if directed should be conducted at the earliest possible opportunity. The S.-S. Solaro was, however, not on the Pacific Coast at the time of `the hearing, although its return was then anticipated prior to the date of the Decision and Direction of Election herein.' We"will direct-that an election be held as soon as possible under the direction'and supervi- sion of the Regional Director for the Twentieth Region, who shall determine in her discretion the exact time, place, and procedure for posting' notices of election and for balloti'ng on each tanker, pro- vided, however, that each tanker be posted with a notice of election, a sample ballot, a list of employees eligible to vote, and a notice of time and place where balloting will be conducted, at some port of call on the Pacific Coast prior to the port where balloting is to be conducted, or, in the event that a tanker is to be posted and voted in the same port without an intervening trip, at least 48 hours before balloting is, conducted. Those eligible to vote will be members of unlicensed deck personnel who are employed.on tankers operated by the Company out of Pacific Coast ports at the time the notice of election is posted ^nd.who are still employed as unlicensed deck personnel at the time the balloting takes place. 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 rep- resentation of the employees of Tidewater Associated Oil Company, Associated Division, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. TIDEWATER ASSOCIATED OIL COMPANY 93 2. The unlicensed deck personnel on the tankers operated by the Company out of Pacific Coast ports constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 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 Re- lations Act, 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 ordered by the Board to ascertain representatives for the purposes of collective bargaining with Tidewater Oil Company, Associated. Division, an election by secret ballot shall be conducted as soon as convenient, and beginning as promptly as practicable after the date of 'this Direction, in con- formity with the rules set forth hereinabove for the conduct of the ele'etion,'under the direction and supervision of'the Regional Director for. the Twentieth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec- tion 9, of said Rules and Regulations, among unlicensed deck per- sonnel on tankers operated out of Pacific Coast ports by Tidewater Associated Oil Company, Associated Division, . who are employed by the Company at the time the notices of election are posted, and are still employed as unlicensed deck personnel at the time the elec- tion is held, including employees temporarily laid off and on.leave of absence at these respective times, to determine whether they de- sire to be represented for -the purposes of collective bargaining by the Sailors Union of the Pacific, by the Associated Seamen's Asso- ciation, or by neither. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Decision and Direction of Election. .