Great Southern Corp.

National Labor Relations Board - Board Decisions

Oct 17, 1944

58 N.L.R.B. 1071 (N.L.R.B. 1944)

In the Matter of GREAT SOUTHERN CORPORATION 1 and LODGE #1276,,
INTERNATIONAL ASSOCIATION OF MACHINISTS (A. F. OF L.)
In the Matter of GREAT SOUTHERN CORPORATION and AMERICAN FED-
ERATION OF LABOR-AND AFFILIATES
Cases Nos. 16-R-914 and 16-R-,971, respectively. Decided October
17, 1944
Messrs. Levien, Singer and Neuburger, by Mr. Stuart H. Steinbrink,
of New York City, for the Company.
Mr. TV. L. Grant, of Houston, Tex., for the I. A. Al.
Messrs. A. J. Reinhard, H. L. Goolsby, H. B. Grimes, Jeff Mullaly,
Eugene Hendricks, and C. M. Baker, all of Corpus Christi, Tex., for
the A. F. L.
Messrs. T. M. McCormick, A. R. Kinstley, and V. C. McLaughlin,
all of Fort Worth, Tex., for the C. I. O.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon an amended petition duly filed by Lodge #1276, Interna-
tional Association of Machinists (A. F. of L.), herein called the
I. A. M., and upon an amended petition duly filed byiAmerican Fed-
eration of Labor and Affiliates, herein called the A. F. L.,2 alleging
that questions affecting commerce had arisen concerning the repre-
I The Trial Examiner granted a motion of the petitioner at the hearing to delete from
the title in this proceeding all reference to Pontiac Refining Corporation, which had
previously been joined as a party
s Intel fr i tional Brotherhood of Electrical Workers, Local 278 , Plumbers, Steamfitters
and Stea;iifltr,r Welders, Local No 185, and International Union of Operating Engineers,
Local Union No 450 executed and filed the petition in Case No 16-R-971 as American
Fedeiation of Labor and Affiliate, At the hearing, International Brotherhood of Roiler-
nmkeis, Iron Shipbuilders and Helpers of America inteivened The record clearly indi-
cates that the four labor oiganizations above mentioned are acting as a single entity in this
proceeding under the designation set forth in the petition
58 N. L. R B., No. 201.
1071
1072 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sentation of employees of Great Southern Corporation, Corpus Christi,
Texas, herein called the Company, the National Labor Relations Board
consolidated the cases by an order dated August 4, 1944, and provided
for an appropriate hearing upon due notice before John A. Weiss,
Trial Examiner. Said hearing was held at Corpus Christi, Texas, on
August 18 and 19,1944. The Company, the T. A. M., the A. F. L., and
Oil Workers International Union, C. I. 0., herein called the C. I. 0.,
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 hear-
ing are free from prejudicial error and are hereby affirmed. All par-
ties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Great Southern Corporation,' a Texas corporation, is a wholly
owned subsidiary of Pontiac Refining Corporation and an affiliate
of Pontiac Pipe Line and Export Company, both Texas corporations.
The Company is engaged in the petroleum refining industry, pro-
ducing 100-octane aviation gasoline and selling such gasoline and its
byproducts. Its activities are wholly confined to Corpus Christi,
Texas, where it has its principal office and only place of business. All
100-octane aviation gasoline produced by the Company is sold under
a supply contract to Defense Supplies Corporation, and almost all
byproducts of said gasoline are sold by the Company pursuant to
said supply contract to its parent corporation, Pontiac Refining Cor-
poration. Almost all of the 100-octane aviation gasoline produced
by the Company is shipped to points outside the State of Texas. The
Conipany's byproducts, which are sold to its parent company, are
blended into various products and are resold in interstate commerce.
All charge stocks and blending components are obtained by the Com-
pany from points within the State of Texas. However, the tetra-
ethyl lead used in the production of 100-octane aviation gasoline and
various other chemicals used in the process of making such gasoline,,
are purchased from points outside the State of Texas. Thee' Com-
pany's sales now aggregate more than 150,000 barrels per month, or a
monthly dollar volume of more than $750,000, of which more than
W percent is shipped to points outside the State of Texas.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
11
GREAT SOUTHERN CORPORATION
II. THE ORGANIZATIONS INVOLVED
1073
American Federation of Labor and Affiliates is a labor organization,
admitting to membership employees of the Company.-3
• Lodge #1276, International Association of Machinists, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
Oil Workers International Union is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company refuses to recognize any labor organization as the
collective bargaining representative of its employees in the absence of
certification by the Board.
Statements of a Field Examiner, introduced into evidence at the
hearing, indicate that the I. A. M. and the A. F. L. each represents
a substantial number of employees in the units which each proposed
in its petition.4
We find that questions affecting commerce have arisen concerning
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; THE DETERMINATION OF REPRESENTATIVES
The Company and the C. I. O. agree that all operating and mainte-
nance employees of the former, including assistant yard foremen,
assistant instrument foremen, and shop foremen, but excluding plant-
protection employees, office and clerical employees, technical and lab-
oratory employees, terminal employees, shift foremen, unit foremen,
assistant maintenance foremen, and all other supervisory employees
constitute an appropriate unit. The I. A. M. contends that a unit con-
sisting of all employees of the machine shop department, exclusive
of supervisors is appropriate. The A. F. L., in its petition, originally
sought a unit similar to that which the Company and the Oil Workers
contend is proper ; at the hearing it agreed to exclude from its proposed
unit machinists, welders, and their respective helpers, employees"whom
the I. A. M. seeks to represent herein. However, toward the close of
3 The Company, although conceding that each of the organizations which comprise the
A. F. L., is a labor organization, contends that, collectively, they do not constitute a labor
organization We find no merit in this contention . See Matter of Duke Manufacturing
Company , 53 N. L R. B 1237
' The Field Examiner reported that the I A M. submitted 17 authorizations of which
14 "checked on pay roll" of the Company for the period ending June 15, 1944. Said pay
roll indicated that there were 16 employees in the unit sought by the I A. M
He further reported that the A. F L submited 55 valid designations and the,C. I 0 13
designations which "checked on pay roll" of the Company for the period ending June 15,
1944 The record indicates that there are approximately 135 to 140 employees in the unit
proposed by the A. F. L.
609591-45-vol. 58-69
1074 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the hearing, and in a brief submitted by International Union of
Operating Engineers, Local No. 450, the A. F. L. indicated that it
reverted to its original contention.5
The Company operates a comparatively small refinery employing
a total of approximately 210 employees. Of these, about 135 are en
gaged as operating and maintenance employees. The operating em-
ployees, under the supervision of an assistant superintendent of op-
erations, are divided into several groups, each under a unit foreman.
These groups operate the various productive units which manufac-
ture aviation fuel and its byproducts. Shift foremen assist the unit
foremen, and coordinate the work of the various units. The main-
tenance employees, under the supervision of the maintenance fore-
man, are divided among the yard, the electrical department, the
instrument department and the machine shop. Responsible to the
maintenance foreman are 4 assistant maintenance foremen. Lowest in
the maintenance supervisory hierarchy are the assistant yard foreman,
the assistant instrument foreman and the -shop foreman who are the
immediate supervisors of the employees in the yard, the instrument
department and the machine shop respectively.
The parties agree that the unit foremen, shift foremen, and as-
sistant maintenance foremen are supervisory employees, and should
therefore be excluded. They also agree that the assistant yard fore-
man, the assistant instrument foreman, and the shop foreman should
be included. The record indicates, however, that the last-three classi-
fications of employees possess, in common with those classifications
admittedly supervisory, authority to make recommendations with re-
spect to hiring and discharging which are accorded weight by the,
Company. Under these circumstance's, we are of the opinion that
the assistant yard foreman, the assistant instrument foreman, and
the shop foremen are supervisory employees, and we shall therefore
exclude them. - -
As previously indicated, the I. A. M. seeks a unit of employees en-
gaged in the machine shop. This machine shop is a separate build-
ing, and engaged therein are employees classified as machinists, weld-
ers, and helpers. They are permanently assigned to the machine
shop, and are under the immediate supervision of the shop foreman,
although they spend a considerable portion of their time outside the`
machine shop, making repairs on equipment too large to be brought
into the shop. In addition, they perform other machine work as may
be incidental or helpful to other types of maintenance employees,
such as electricians, boilermakers, pipefitters, riggers, and carpenters.
'It should be noted that a jurisdictional dispute exists between the A. F. L. and the
I. A M. However , since there is a third labor organization involved in this proceeding,
not affiliated with the American Federation of Labor, we shall not refuse to entertain the
petitions herein See Mattes of Crown Central Petroleum Corporation, 57 N. L. R. B.
13,E and cases cited therein.