Tide Water Associated Oil Co.

In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and OIL WORKERS INTERNATIONAL UNION, IioC*I, No. '445, C• I. O.• and ASSOCIATED OIL EMPLOYEES ASSOCIATIONS INDEPENDENT Case No. R-098.-Decided October ^?3, 1941 Investigation and Certification of Representatives :, stipulation for certification of representatives upon consent election: Mrs. Alice M. Rosseter, for the Board. Mr. W. F. Kressig, for the Company. Mr. J. E. McGee, Mr. George Kelty, and Mr. William E. McCord, for the Oil Workers. Mr. Russell R. Lowrey, for the Associated. Mr. Stanley L. Drexler, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE • On July 11, 1941, Oil Workers International Union, Local No. 445, C. I.O., herein called the Oil Workers, filed with the Regional Director for the Twentieth Region (San Francisco, California) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Tide Water Associated Oil Company at its Avon, California, refinery and Amorco dock 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 August 9, 1941, the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an in- vestigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 8, 1941, the Tide Water Associated Oil Company, herein called the Com- pany, the Oil Workers, Associated Oil Employees Association, Inde- pendent, herein called the Associated, and the National Labor Rela- tions Board, herein called the Board, entered into a "STIPULATION 36 N. L. R. B., No. 75. 378 TIDE WATER ASSOCIATED OIL COMPANY 379 FOR CERTIFICATION UPON CONSENT ELECTION" and on August 22, 1941, a "SUPPLEMENTAL STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." Pursuant to the Stipulation, an election by secret ballot was con- ducted on August 28, 1941, under the direction and supervision of the Regional Director among all the production and maintenance em- ployees of the Company at its Avon refinery and Amorco dock, as shown on the pay roll of July 31, 1941, including employees tempo- rarily laid off after July 15,1941, and excluding executives, supervisors, sales-department employees, professional and technically trained men, clerical workers in a confidential relationship to the Company, watch- men, and those who had quit or been discharged for cause after July 31, 1941, to determine whether they desired to be represented by the Oil Workers, the Associated, or by neither. On August 29, 1941, the Re- gional Director issued and duly served upon the parties an Election, Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties., In her Election Report, the Regional Director, reported as follows concerning the balloting and its results : Total number eligible to vote------------------------------- 1, 070 Number of votes for Oil Workers International Union, Local No. 445, C. I. 0------------------------------------------ 380 Number of votes for Associated Oil Employees Association__- 465 Number of votes for neither-------------------------------- 19 Total number of valid votes -------------------------------- 864 Number of blank ballots----------------------------------- 0 Number of void ballots------------------------------------ 1 Number of challenged ballots------------------------------- 14 Upon the basis of the Stipulation, the Election Report, and the entire record in this case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- :entation of employees of Tide Water Associated Oil Company, at its Avon, California, refinery and Amorco dock, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company at its Avon, California, refinery and Amorco dock, exclusive of execu- tives, supervisors and foremen, clerical supervisors; sales-department employees, professional and technically trained men, clerical workers in a confidential relationship to the Company, and watchmen, consti- 1 The Oil workers filed objections on September 4, 1941, • but withdrew them on September 26, 1941. 380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 3. Associated Oil Employees Association has been designated and selected by a majority of employees in the above unit, as their repre- sentative for the purposes of collective bargaining and is the exclusive representative of all the employees in said unit within the meaning of Section 9 (c) of the Act. CERTIFICATION OF REPRESENTATIVES 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, IT is HEREBY CERTIFIED that Associated Oil Employees Association, Independent, has been designated and selected by a majority of all the production and maintenance employees of the Tide Water Associated Oil Company, Avon, California, at its Avon refinery and Amorco dock, excluding executives, supervisors and foremen, clerical supervisors, sales-department employees, professional and technically trained men, clerical workers in a confidential relationship to the Company, and watchmen, as their representative for the purposes of collective bar- gaining, and that pursuant to the provisions of Section 9 (a) of the Act, Associated Oil Employees Association is the exclusive representa- tive of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.