General Petroleum Corp. of Calif.

National Labor Relations Board - Board Decisions

Mar 15, 1938

5 N.L.R.B. 982 (N.L.R.B. 1938)

In the Matter of GENERAL PETROLEUM CORP. OF CALIF. and PACIFIC
COAST MARINE FIREMEN, OILERS, WATERTENDERS & WIPERS ASSN.
In the Matter of ASSOCIATED OIL COMPANY and PACIFIC COAST MARINE
FIREMEN, OILERS, WATERTENDERS & WIPERS ASSN.
In the Matter Of RICHFIELD OIL CORPORATION and PACIFIC COAST
MARINE FIREMEN, OILERS, WATERTENDERS & WIPERS ASSN.
In the Matter Of HILLCONE STEAMSHIP COMPANY and PACIFIC COAST
MARINE FIREMEN, OILERS, WATERTENDERS & WIPERS ASSN.
in the Matter of UNION OIL COMPANY OF CALIFORNIA and PACIFIC
COAST MARINE FIREMEN, OILERS, WATERTENDERS & WIPERS ASSN.
In the Matter of TIDEWATER ASSOCIATED OIL and MARINE COOKS AND
STEWARDS ASSN. OF THE PACIFIC COAST
In the Matter of GENERAL PETROLEUM CORP. OF CALIF. and MARINE
COOKS AND STEWARDS ASSN. OF THE PACIFIC COAST
In the Matter of HILLCONE STEAMSHIP COMPANY and MARINE COOKS
AND STEWARDS ASSN. OF THE PACIFIC COAST
In the Matter of RICHFIELD OIL CO. OF CALIFORNIA and MARINE COCKS
AND STEWARDS ASSN. OF TIIE PACIFIC COAST
In the Matter of UNION OIL COMPANY and MARINE COOKS AND STEW-
ARDS ASSN . OF THE PACIFIC COAST
In the Matter of TIDEWATER ASSOCIATED OIL and PACIFIC COAST
MARINE FIREMEN, OILERS, WATERTENDERS & WIPERS ASSN.
In the Matter of HILLCONE STEAMSHIP COMPANY and PACIFIC COAST
MARINE FIREMEN, OILERS, WATERTENDERS & `VIPERS ASSN.
In the Matter of UNION OIL COMPANY and PACIFIC COAST MARINE
FIREMEN, OILERS, WATERTENDERS & WIPERS ASSN.
In the Matter of GENERAL PETROLEUM CORP. OF CALIF . and PACIFIC
COAST MARINE FIREMEN, OILERS, WATERTENDERS & WIPERS ASSN.
In the Matter of RICHFIELD OIL CO. OF CALIFORNIA and PACIFIC
COAST MARINE FIREMEN, OILERS, WATERTENDERS & 'VIPERS ASSN.
Cases Nos. R-500 to R-514, inclusive.Decided March 15,1938
Water Transportation Industry-Investigation of Representatives: controversy
-concerning representation of employees : refusal by employer to recognize peti-
-tioning unions as exclusive representative of its employees-Units Appropriate
982
DECISIONS AND ORDERS 983
for Collective Bargatni.ng: unlicensed personnel ; history of collective bargaining
relations with employer and in industry ; substantial doubt as to majority
status-Elections Ordered
Mr. John P. Jennings, for the Board.
McCutcheon, Olney, Mamnon & Greene, by Mr. Farnham P. Grif-
fiths and Mr. George E. Dane, of San Francisco, Calif., for General
Petroleum Corporation of California, Richfield Oil Corporation, Hill-
cone Steamship Company, Ltd., and Union Oil Company of
California.
Mr. Daniel W. Hone, of San Francisco, Calif., for the Tidewater
Associated Oil Company.
Mr. Robert J. Fitzgerald, of San Francisco, Calif., for the Firemen.
Mr. E. F. Burke, of San Francisco, Calif., for the Cooks and
Stewards.
Mr. W. H. Ashby, of Associated, Calif., for the Associated Seamen.
Mr. Carl Tillman, of San Francisco , Calif., for the Sailors Union
of the Pacific.
Mr. Walter T. Nolte, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On November 19, 1937, Pacific Coast Marine Firemen , Oilers,
Watertenders and Wipers Association , herein called the Firemen,
acting through the branch agent of its San Pedro Branch , filed with
the Regional Director for the Twenty-first Region (Los Angeles,
California) five petitions alleging that questions affecting commerce
had arisen concerning the representation of employees of General
Petroleum Corporation of California , Tidewater Associated Oil Com-
pany, ' Richfield Oil Corporation ,2 Hillcone Steamship Company,
Ltd.,3 and Union Oil Company of California ,4 respectively, herein
called the Companies , and requesting investigations and certifications
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat . 449, herein called the Act. On December 6,
1937 , the Firemen , acting through the chairman of the San Francisco
port committee , and Marine Cooks' and Stewards ' Association of the
i Referred to in' the Board's order directing investigation and hearing as Associated Oil
Company and Tidewater Associated Oil.
2 Refeired to in the Board ' s order directing investigation and heat in,- as Richfield Oil
Corporation, and Richfield Oil Co.
'Referred to in the Boards' order ditecting investigation and hear ring as I-Iillcone
Steamship Company.
4 Refei red to in the Board's order diecting investigation and hearing as Union Oil
Company of California and Union Oil Company.
1,053:3-38--63
984 NATIONAL LABOR'RBLATIONS BOARD
Pacific Coast, herein called the Cooks and Stewards, each filed five
similar petitions with the Regional Director for the Twentieth Region
(San Francisco, California). On December 7, 1937, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Sections 10 (c) (3), 10 (c)
(2), and 3, of National Labor Relations Board Rules and Regula-
tions-Series 1, as amended, ordered that the five cases from the
Twenty-first Region be transferred to and continued in the Twentieth
Region, ordered a consolidation of the five cases so transferred with
the ten cases filed in the Twentieth Region for purposes of hearing,
and ordered an investigation and authorized the Regional Director for
the Twentieth Region to conduct it and to provide for an appropriate
hearing upon due notice.
On December 8, 1937, the. Regional Director issued a notice of
consolidated hearing, copies of which were duly served upon each
of the Companies, upon the Firemen, upon the Cooks and Stewards,
and upon the Associated Seamen's Association, herein called the Asso-
ciated Seamen, the Oil Workers International Union, Local 128, the
Inland Boatmen's Union of the Pacific, and the Sailors Union of
the Pacific, labor organizations claiming to represent employees
which might be directly affected by the investigation. On Decem-
ber 10, 1937, the Regional Director issued a notice of postponement
of consolidated hearing, copies of which were duly served upon all
of the above-named parties. On December 14, 1937,. the Regional
Director issued a supplemental notice of consolidated hearing, copies
of which were duly served upon all of the aforesaid parties. Pur-
suant to the notice, amended notice, and supplemental notice, a hear-
ing was held on December 21, 1937, at San Francisco, California,
before Jesse E. Jacobson, the Trial Examiner duly designated by
the Board. The Board and each of the Companies were represented
by counsel and the Firemen, Cooks and Stewards, Associated Sea-
men, and Sailors Union of the Pacific by their officers and agents.
All except the Sailors Union of the Pacific participated in the hear-
ing. Full opportunity to be heard, to examine and to cross-examine
witnesses, and to produce 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.
In the course of his examination of the secretary of the Firemen,
who appeared as the sole witness for that organization, the Board's
attorney introduced in evidence letters addressed to him by the
branch agents of the San Pedro and Portland Branches of the Fire-
men, protesting against statements purportedly made at a previous
DECISIONS AND ORDERS 985
hearing by the secretary to the effect that the Firemen had relin-
quished jurisdiction over oil barges and asking that the letters be
recorded in this hearing. Counsel for the Companies viewed the let-
ters and other evidence in the record as challenging the authority of
the secretary to represent the Firemen as a single labor organization
and, just prior to the close of the hearing, filed an application for
subpenas,r- asking inter alia for the appearance of the two branch
agents as witnesses on behalf of the Companies and for the production
of records and resolutions of their branches bearing upon the author-
ity of the secretary to institute the present proceeding or otherwise
act on behalf of the branches or the union as a whole, upon the present
or prospective division of affiliation of the branches and members of
the Firemen between the Committee for Industrial Organization and
the American Federation of Labor, and upon the claims of jurisdiction
over oil barges expressed in the above-mentioned letters from the two
branch agents. The Trial Examiner denied the Application for
Subpoenas for the reason that it was not timely. The Board has given
due consideration to the Application for Subpoenas and finds that,
whether or not such application was timely, it should be denied for
the reason that the matters covered therein either relate to such ques-
tions of internal administration of a labor organization as are per-
tinent only under exceptional circumstances not found -here or to
questions sufficiently developed by the present record and are, there-
fore, unnecessary for the determination of the issues involved in this
proceeding. The application is, therefore, denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
All of the Companies involved in this proceeding were also involved
in a hearing held on December 9 and'10, 1937, on five petitions filed
by the Sailors Union of the Pacific and designated Cases Nos. R-477
to R-481, inclusive. On March 9, 1938, the Board issued a Decision
and Direction of Elections e in the latter proceeding, in which it made
findings of fact with respect to the business of the Companies. The
same evidence relative to the operations of the Companies was intro-
duced in each proceeding. The findings of fact with respect to the
business of the Companies, made by the Board in the afore-mentioned
Decision and Direction of Elections,' are, therefore, incorporated in
and made a part of this Decision and Direction of Elections.
Companies ' Exhibit No 1 _
See Matter of Tidewater Associated Oil Company et at and Sailors Union of the Pacific,
5 N'L. R B 893 -
7 See footnote 6.
986 NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
Pacific Coast Marine Firemen, Oilers, Watertenders and Wipers
Association is a labor organization, shown by the record in this pro-
ceeding -to be affiliated with the International Seamen's Union of
America and through it with the American Federation of Labor but
to be in the process of voting on the question of modifying such
affiliation, admitting to its membership unlicensed personnel of the
engine departments of tankers operated by the Companies out of
Pacific Coast ports.
Marine Cooks' and Stewards' Association of the Pacific Coast is a
labor organization which has recently severed its affiliation with the
International Seamen's Union, American Federation of Labor, and
has voted to affiliate with the Committee for Industrial Organization.
The latter step had not been taken at the time of the hearing in this
proceeding. It admits to its membership all personnel in the stewards'
departments of tankers operated by the Companies out of Pacific
Coast ports.
Associated Seamen's Association is an independent and unaffiliated
labor organization. It admits to its membership all unlicensed
personnel on tankers operated by the Associated Division of the
Tidewater Associated Oil Company out of Pacific Coast ports.
III. THE QUESTIONS CONCERNING REPRESENTATION
On November 19, 1937, the secretary of the Firemen wrote to each
of the Companies on behalf of his organization, asking for an oppor-
tunity to negotiate for the unlicensed personnel of the engine depart-
ments. All of the Companies replied, but interviews were had with
only two, Union Oil Company of California and General Petroleum
Corporation of California. In the course of the interviews, both
Companies took the position that no exclusive recognition as a
collective bargaining agent would be given to the Firemen until the
procedure under the Act had been followed. It appears from the
evidence that all five Companies question the Firemen' s claims of
representation of a majority of the unlicensed personnel in the engine
departments of their tankers.
The Cooks and Stewards sent letters to each of the Companies
sometime prior to the hearing, asking for an opportunity to negotiate
for the personnel of the stewards' departments. All of the Com-
panies replied, but, as in the case of the Firemen, only the Union Oil
Company of California and the General Petroleum Corporation of
California were interviewed by representatives of the Cooks and
Stewards. In the course of- the interviews, both Companies took
the position that no exclusive recognition as a collective bargaining
agent would, be given to the Cooks and Stewards until the procedure
DECISIONS AND ORDERS 987
under the Act had been followed. It appears from the evidence that
all five Companies question the Cooks and Stewards" claims of
representation of a majority of the unlicensed personnel in the
stewards' departments of their tankers.
We find that questions have arisen concerning representation of
employees of the Companies and that such questions tend to lead to
labor disputes burdening and obstructing commerce and the free
flow of commerce.
IV. THE APPROPRIATE UI,ITS
Since five petitions involving the Companies were filed by the Fire-
men in both the Twentieth and Twenty-first Regions, there are two
petitions by that organization for consideration in respect to each
company. Each of the petitions filed in the Twenty-first Region
seeks a bargaining unit composed of the unlicensed personnel in the
engine departments of all tankers operated by one of the Companies
out of Pacific Coast ports. • The petitions filed in the Twentieth
Region are substantially similar in all respects, except that they
fail to limit the tankers to those operated out of Pacific Coast ports.
However, it appears from the record that they are intended to be
so limited. For the purposes of this decision, therefore, the proceed-
ing is the same as it would have been had the Firemen filed only one
petition for each company.
The Firemen has existing bargaining agreements with shipping
operators on the Pacific Coast other than the operators of tankers,
in which the bargaining unit is the same as that claimed by it in
this proceeding. There is apparently no other labor organization
representing the employees claimed by the Firemen, except where the
Associated Seamen represents such employees of Tidewater Associ-
ated Oil Company. While the Firemen admits that some problems
are common to all departments of a ship, it is maintained that the
qualifications for employment and working conditions in the engine,
deck, and stewards' departments vary sufficiently to give rise to dis-
tinctions for bargaining purposes. The record also shows that the
Firemen has been bargaining for the unlicensed personnel of the
engine departments of vessels as separate units since its organiza-
tion in 1883.
The five petitions filed by the Cooks 'and Stewards, while directed
toward the same companies involved in the petitions filed by the Fire-
men, recite that all unlicensed men in the stewards' departments of
all tankers and barges operated by each of the Companies constitute
units appropriate for collective bargaining. The secretary and treas-
urer of the Cooks and Stewards, who was the only representative of
and witness for that organization at the hearing and who was the,
signer of its petitions, testified that the use of the word "barges" in
988 NATIONAL LABOR RELATIONS BOARD
the petitions was a mistake and that they should be limited to tank-
ers only. •He also testified that it was the intention of the organiza-
tion to limit the petitions to tankers operating out of Pacific Coast
ports, though no such limitation had been stated in the petitions.
The Cooks and Stewards has contracts with some Pacific Coast
shipping concerns in which the bargaining unit is the same as that
claimed by it in this proceeding. While it is admitted that employees
in the stewards' departments have certain interests in common with
the employees in other departments on board ship, such'as the engine
and deck departments, the Cooks and Stewards maintains that the
qualifications and the nature of the work are so basically different
from the other departments that a separate unit for the stewards'
departments is appropriate. The Cooks and Stewards has historically
represented and bargained for personnel of the stewards' depart-
ments, at times in cooperation with labor organizations representing
employees of the other departments and at other times independently.
Since the appropriate units claimed' by the Firemen include only
the unlicensed personnel of the engine departments and those of the
Cooks and Stewards only the unlicensed personnel of the stewards'
departments, there is no conflict whatever in the claims of the two
organizations. Their respective petitions might have been heard in
separate proceedings and dealt with in separate decisions had not the
Companies involved been the same.
The Associated Seamen petitioned to intervene with respect' to
•all matters involving the Tidewater Associated Oil Company.s
Although it claims to represent both the unlicensed personnel of the
engine departments and the unlicensed personnel of the stewards'
departments on all tankers operated by the Tidewater Associated
Oil Company out of Pacific Coast ports, it does not maintain that the
units claimed by either the Firemen or the Cooks and Stewards are
necessarily inappropriate. The position of the Associated Seamen is
that its name should be placed on the ballots if elections are held
among the unlicensed engine departments' personnel or the unlicensed
stewards' departments personnel of all tankers operated by the Tide-
water Associated Oil Company out of Pacific Coast ports. Since its
formation in 1935, this labor organization has bargained with the
Tidewater Associated Oil Company on behalf of all unlicensed per-
sonnel on its tankers on the Pacific Coast irrespective of department.
No written agreement exists, the bargaining having been carried on
entirely through exchange of correspondence.
We find that the unlicensed personnel of the engine departments of
all tankers operated by each of the Companies out of Pacific Coast
ports constitute units appropriate for the purposes of collective bar-
8 Board Exhibit No. 18.
DECISIONS AND ORDERS 989
gaining and that said units will insure to employees of the Com-
panies the full benefit of their right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
We find also that the unlicensed personnel of the stewards' de-
partments of all tankers operated by each of the Companies out of
Pacific Coast ports constitute units appropriate for the purposes of
collective bargaining and that said units will insure to employees of
the Companies the full benefit of their right to self-organization and
to collective bargaining and otherwise effectuate the policies of the
Act.
V. THE DETERMINATIONS OF REPRESENTATIVES
The Firemen claimed that it numbered among its members 80
per cent of the unlicensed personnel of the engine departments of
tankers operated out of Pacific Coast ports by General Petroleum
Corporation of California, Richfield Oil Corporation, and Hillcone
Steamship Company, Ltd., and 75 per cent of such employees of
Union Oil Company of California and Tidewater Associated Oil
Company. The Associated Seamen claimed as members 60 per cent
of such employees of Tidewater Associated Oil Company. None of
the claims were substantiated by proof. All of the Companies
questioned the claims of the Firemen to the extent that they tended
to show representation of a majority of the employees within a unit
and took the position that, irrespective of any membership claims,
an election was necessary to test accurately the desires of the em-
ployees with respect to representation for the purposes of collective
bargaining.
On the basis of reports from organizers and branches of the or-
ganization, the witness for the Cooks and Stewards claimed that its
'Membership included 80 per cent of the unlicensed personnel in the
stewards' departments of tankers operated by each of the Companies
out of Pacific Coast ports. The Associated Seamen claimed 55 per
cent of such employees of Tidewater Associated Oil Company. The
claims of the Cooks and Stewards were questioned by all of the
Companies 'ili so far as they tended to show a disposition on the part
of a majority of the employees to have the Cooks and Stewards act
as their agent for purposes of collective bargaining.
All three labor organizations concerned with the matter asked that
elections be held to determine the questions concerning representa-
tion. We find that the questions which have arisen concerning the
representation of employees can best be resolved by the holding of
elections by secret ballot. We will direct that these elections be held
as soon as possible under the direction and supervision of the Re-
gional Director for the Twentieth Region, who shall determine in her
discretion the exact time and place and procedure for posting no-
990 NATIONAL LABOR RELATIONS BOARD
tices of election and for balloting on each tanker, provided, 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 the 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 the members of the unlicensed per-
sonnel of the engine department or stewards' department who are
employed on a tanker operated by one of the Companies out of
Pacific Coast ports when it is posted and who are still employed as
such unlicensed personnel at the time balloting takes place, provided,
however, that if any person so employed be transferred from one
tanker to another tanker of the same company during the time the
election among the employees of that company is being held, he shall
be entitled to vote but once.
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. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Tidewater Associated Oil Company,.Union
Oil Company of California, General Petroleum Corporation of Cali-
fornia, Hillcone Steamship Company, Ltd., and Richfield Oil Cor-
poration, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. The unlicensed personnel of the engine departments of all tank-
ers operated by each of the Companies out of Pacific Coast ports
constitute units appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. The unlicensed personnel of the stewards' departments of all
tankers operated by each of the Companies out of Pacific Coast ports
also constitute, units appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
DIRECTION OF ELECTIONS
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, 49 Stat. 449, .and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to' ascertain representatives for collective bargaining with General
DECISIONS AND ORDERS 991
Petroleum Corporation of California, Tidewater Associated Oil Com-
pany, Richfield Oil Corporation, Hillcone Steamship Company, Ltd.,
and Union Oil Company of California, elections by secret ballot shall
be conducted as soon as convenient, and beginning as promptly as
practicable after the date of this Direction, in conformity with the
rules set forth hereinabove for the conduct of elections, under the
direction and supervision of the Regional Director for the Twentieth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among the unlicensed personnel of the engine depart-
ments of all tankers operated out of Pacific Coast ports by General
Petroleum Corporation of California, Richfield Oil Corporation, Ili]]-
cone Steamship Company, Ltd., and Union Oil Company of Cali-
fornia, respectively, to determine whether or not they desire to be
represented by the Pacific Coast Marine Firemen, Oilers, Watertenders
and Wipers Association for the purposes of collective bargaining;
and among the unlicensed personnel of the engine departments of
all tankers operated out of Pacific Coast ports by Tidewater Asso-
ciated Oil Company, to determine whether they desire to be repre-
sented by the Pacific Coast Marine Firemen, Oilers, Watertenders and
Wipers Association or by the Associated Seamen 's Association for the
purposes of collective bargaining, or by neither ; and it is further
Dn cmo that similar elections shall be conducted in like manner
among the unlicensed personnel of the stewards' departments of all
tankers operated out of Pacific Coast ports by General Petroleum
Corporation of California, Richfield Oil Corporation, Hillcone
Steamship Company,- Ltd., and Union Oil Company of California,
respectively, to determine whether or not they desire to be represented
by the Marine Cooks' and Stewards' Association of the Pacific Coast
for the purposes of collective bargaining; and among the unlicensed
personnel of the stewards' departments of all tankers operated out of
Pacific Coast ports by Tidewater Associated Oil Company, to deter-
mine whether they desire to be represented by the Marine Cooks' and
Stewards ' Association of the Pacific Coast or by the Associated Sea-
men's Association for the purposes of collective bargaining, or by
neither.