The Texas Co.

National Labor Relations Board - Board Decisions

Aug 10, 1943

51 N.L.R.B. 1183 (N.L.R.B. 1943)

In the Matter of THE TEXAS COMPANY and INTERNATIONAL UNION OF
OPERATING ENGINEERS , LOCAL UNION # 340
Case No. R-5678.-Decided August 10, 1943
Messrs. G. C. McSwain, and T. U. Troth, both of Amarillo, Texas,
for the Company.
Mr. Arvil Inge, of Amarillo, Texas, for the Union.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union of Operating
Engineers, Local Union # 340, herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of The Texas Company, Amarillo, Texas, herein
called the `Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Ralph S. Clifford,
Trial Examiner. Said hearing was held at Amarillo, Texas, on July
13, 1943. The Company and the Union appeared,' participated, and
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
i
FINDINGS or FACT
1. THE BUSINESS OF THE , COMPANY
The Texas ' Company, a Delaware corporation with its principal
office in New York City, is engaged in the production, transportation,
•' Texaco Employees Federation of Amarillo Works was served with notice of hearing
but failed to appear.
51 N. L. R. B., No. 185.
1183
1184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
refining and marketing of crude oil and the products thereof, as well
as business incidental thereto. The Company, in addition to other
properties used in connection with its operations, owns and operates
an oil refinery at Amarillo, Texas, with which we are here concerned.
During the year 1942 the Company shipped approximately' 20_ per-
cent of the total products of its Amarillo refinery .to points outside
the, State of Texas.
H. THE ORGANIZATION INVOLVED
International Union of Operating Engineers, Local Union #340,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company. -
III. THE QUESTION CONCERNING REPRESENTATION
On or about May 25, 1943, the Union requested the Company to
grant it a conference for the purposes of collective bargaining. The
Company refused to negotiate ' with 'the Union unless and until the
Union is duly certified by the Board as the exclusive bargaining
representative of its employees.
A statement of the Field Examiner, introduced in evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In substantial accordance with an agreement of the -parties; we find
that..all production- and maintenance. employees of the Company's
Amarillo, Texas, refinery, excluding administrative, clerical, plant=
protection and technical employees, or any working outside of the
Amarillo plant, and all supervisory employees 3 with authority to.
hire, promote, discharge, discipline, or otherwise effect, changes in
the status of employees or effectively recommend such action, consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall, direct that the question concerning -representation `which
has arisen be resolved by an election by secret ballot among the el-
? The Field Examiner reported that the Union submitted 78- designations , of which 74
bearijg'i}pparently genuine original signatures and dated May '194, correspond ivith-names
on the Company 's pay roll of June 30, 1943, which contains 86 names.
3It was agreed by the parties at the hearing that Paul Fuller and Charley moaner have
supervisory authority and should be excluded as such.
THE TEXAS COMPANY 1185
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that,,as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Texas Com-
pany, Amarillo, 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 10, of said Rules and Regulations, among the employees in
the unit found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction, including employees who"did not work during said pay-
roll period because they were ill or on vacation or temporarily laid
off, and including employees in the armed forces of the United States
who present themselves in person at the polls, but excluding any
who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by International Union
of Operating Engineers, Local Union #340, affiliated with the Ameri-
•,can Federation of Labor, for the purposes of collective bargaining.
CHAIRMAN MITTS took no part in the consideration of the above
Decision and Direction of Election.