J. S. Abercrombie Co.

National Labor Relations Board - Board Decisions

Oct 14, 1944

58 N.L.R.B. 1013 (N.L.R.B. 1944)

In the Matter of J. S. ABERCROMBIE COMPANY, AND HARRISON OIL
COMPANY and OIL WORKERS INTERNATIONAL UNION7 C. I. O.
Case No. 16-R-975.-Decided October 14, 1944
Messrs. Joseph W. Moore and John D. Kelley, both of Houston,
Tex., for the Company.
Mr. Lindsay P. Walden, of Ft. Worth, Tex., and Mr. J. E. Cross-
land, of Houston, Tex., for the Oil Workers.
Messrs. W. L. Grant and A. H. Houser, both of Houston, Tex., for
the Machinists.
Mr. Chester*M. Fulton, of Houston, Tex., for the Federation.
Messrs. W. J. Burkett and James F. Keenan, both of Beaumont,
Tex., for the Pipe Fitters.
Messrs. G. B. Waller and Wilson M. Askins, both of Houston,
Tex., for the Engineers.
Mr. A. L. Mayberry, of Houston, Tex., for the Boilermakers.
Mr. Calus A. West, of Houston, Tex., for the Painters.
Mr. S. R. Smith, of Houston, Tex., for the Electricians.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon an amended petition duly filed by Oil Workers International
Union, C. I. 0., herein called the Oil Workers, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of J. S. Abercrombie Company and Harrison Oil
Company, of Houston, Texas, herein collectively called the Com-
panies, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before John A. Weiss and Glenn L.
Moller, Trial Examiners.' The said hearing was held at Houston,
Texas,'on August 17 and September 4, 1944. The, Company, the Oil
'The hearing was originally conducted before Trial Examiner Weiss, was subsequently
reopened before Trial Examiner Glenn Moller as a result of a petition to intervene filed
after the close of the original bearing by International Brotherhood of Electrical Workers,
Local No. 716.
58 N. L . R. E, No. 192.
1013
1014 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Workers, Old Ocean Employees ' Federation , herein called the Fed-
eration, International Association of Machinists , District Lodge No.
37, herein called the Machinists , International Union of Operating
Engineers , Local 450, herein called - the Engineers , Pipe Fitters and
Welders Local No. 195 , herein called the Pipe Fitters, International
Brotherhood of Boilermakers , Iron Shipbuilders , and Helpers of
America, Local No. 74, herein called the Boilermakers , Brotherhood
of Painters , Decorators , and Paper Hangers of America, Local No.
130, herein called the Painters , and International Brotherhood of
Electrical Workers No . 716, herein called the Electricians , appeared,
participated , and were afforded full opportunity to be heard, to ex-
amine and cross -examine witnesses , and to introduce evidence bear-
ing on the issues. The Trial Examiners ' rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
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 COMPANIES
J. S. Abercrombie Company and Harrison Oil Company, a sub-
sidiary of Magnolia Petroleum Company, are Texas corporations
engaged in the business of producing and refining petroleum and pe-
troleum products . The two companies herein concerned are jointly
engaged in operating , as lessees of Defense Plant Corporation, an
agency of the United States Government , a refinery at Sweeney,
Texas, the only plant involved in this proceeding and known as
Plancor 880 . In addition to its contract with Defense Plant Cor-
poration for the operation of Plancor 880, the Companies operate
under a contract with Defense Supplies Corporation , also an agency
of the United States Government . Plancor 880 is engaged in process-
ing and refining petroleum and natural gas into high -octane gasoline
and byproducts , which are sold as directed by Defense Supplies Cor
-poration. During the period from December 27, 1943, to August 1,
1944, a representative period of the Companies ' operations, the Com-
panies processed and refined gasoline and other allied byproducts of
a value in excess of $2,763,368 , of which amount 78 percent was sold to
the United States Army and Navy,,and shipped from the State of
Texas to and through States of the United States othei than the.
State of Texas as directed both by Defense Supplies Corporation and
the United States Army and Navy.
The Companies admit that they are engaged in commerce within
the meaning of the National Labor Relations Act. '
J.- S. ABERCROMBIE COMPANY 1015
H. THE ORGANIZATIONS INVOLVED
Oil Workers International Union, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Companies.
International Association of Machinists, District Lodge No. 37;
Brotherhood of Painters, Decorators, and Paper Hangers of America,
Local No. 130; Pipe Fitters and Welders Local No. 195; International
Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of
America, Local No. 74; International Union of Operating Engineers,
Local 450; and International Brotherhood of Electrical Workers,
Local 716, each affiliated with the American Federation of Labor, are
labor organizations admitting to membership employees of the Com-
panies.
Old Ocean Employees' Federation, unaffiliated, is a labor organiza-
tion admitting to membership employees of the Companies.
III. THE QUESTION CONCERNING REPRESENTATION
On or about June 12, 1944, the Oil Workers, claiming majority
representation among the Companies' production and maintenance
employees at its Old Ocean refinery, requested in writing that the
Companies recognize it as the exclusive bargaining representative of
such employees. The Companies refused to recognize the Oil Work-
ers unless certified by the Board in an appropriate proceeding.
A statement of the Field Examiner, together with other evidence
introduced at the hearing, indicates that the Oil Workers, the Feder-
ation, the Machinists, the Pipe Fitters, the Boilermakers, the Painters,
and the Electricians, each represents a substantial number of em-
ployees within the unit it claims to be-appropriate.z
2 The Field Examiner reported that the Oil workers submitted 188 designations, of
which 163, diited between March and June 1944 , checked with the Companies ' pay roll of
June 15 , 1944 , containing 344 names within the unit claimed by the Oil workers ; that
the Federation submitted 78 designations , of which: 74, dated June 1944 , checked with the
said pay roll containing 355 names within the unit claimed by the Federation ; that the
Bollerniakers submitted 6 designations , of which 4 , dated July 1944 , checked with the
said pay roll containing 4 names within the unit claimed by the Boilermakers ; that the
Pipe Fitters submitted 17 designations, of which 8, dated May and June 1944, checked with
the said pay, roll containing 47 names within the unit claimed by the Pipe Fitters ; that
the Machinists submitted 11 designations , of which 9 , dated February and June 1944,
checked with the said pay roll containing 17 names within the unit claimed by-the
Machinists ; and that the Painters had submitted 1 designation , dated June 1944, which
checked with the said pay roll containing 1 name within the unit claimed by the Painters.
In addition to the report of the Field Examiner , it appeared from evidence introduced at
the hearing that the Companies have at present , approximately 4 painters within the unit
claimed by the Painters.
The Field Examiner further reported that the Engineers had been requested, on or
about June 19, 1944 , to submit ev,dence of representation but had failed to do so The
Engineers admitted at the hearing that it had been requested to submit evidence of repre-
sentation as early as July 1, 1944, but had failed to submit such evidence and was unpre-
pared at the hearing to substantiate its claim to representation among the employees of the
'Companies.
1016 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question affecting commerce has arisen concerning the
representation of employees of the Companies 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 Oil Workers contends that the only appropriate unit is a plant-
wide production and maintenance unit excluding only clerical, super-
visory, and plant-protection employees.
The Federation, which is in substantial agreement with the Oil
Workers, seeks a unit of all operating and production employees.3
The Engineers seeks a similar unit of all refining operators and help-
ers, including testers in the laboratory department.' -
The Machinists, the Painters, the Electricians, the Boilermakers,
and the Pipe Fitters, each seeks a unit of skilled employees engaged
in occupations bringing them within the general jurisdiction of such
unions.5 The Companies take no position with respect to the question
of the appropriate unit.
,The record reveals that the Companies function as an integrated
organization engaged in the business of producing and refining crude
petroleum and petroleum products. While the evidence indicates
that the operations of the Companies are interrelated and flexible, it
appears that the employees in the various craft groups herein con-
cerned, are generally confined to separate departments wherein they
work under supervision of craft foremen,6 The Companies have no
history of collective bargaining with respect to the plant in question,
since the plant has been in operation by the Companies only since
November 12, 1943. A review of bargaining history in other com-
parable refineries reveals that both plant-wide and craft units have
been recognized as appropriate. We are of the opinion, under the
circumstances, that the crafts herein concerned might function as sep-
arate bargaining units or might appropriately be included in a unit
of production and maintenance employees T Accordingly, we find
that the considerations are sufficiently balanced to make the desires
of the employees themselves a factor in our determination of the type
of unit through which they shall bargain. We shall, therefore, make
8 The Federation, although requesting a general unit of production employees, stated at
the hearing that it would not oppose a direction of self-determination elections for the vari-
ous ciaft groups hereinafter referred to.
4 The Engineers, while emphasizing its jurisdictional claim to the refining and production-
employees, indicated at the hearing that it desired to include all employees in the claimed
plant-wide unit other than employees represented by the craft labor organizations herein
concerned.
',The units proposed by the craft organizations are generally confined to members of their
respective craft.
8 The departments in question are subdivisions of the engineering department , which is
engaged entirely in maintenance work.
7 See Matter of General Petroleum Corporation of California, 57 N. L. R. B. 1366.
J. S. ABERCROMBIE COMPANY 1017
no present determination of the appropriate unit or units as affecting
the craft employees hereinabove referred to, but shall reserve such
finding pending the result of the separate elections which we shall
hereinafter direct. Upon the result of these elections will depend; in
part, the scope of the bargaining unit or units sought herein.
There remains for consideration- the question of specific exclusions
from the.craft groups and the residual group of the production and
maintenance employees.
With respect to the craft groups, the record discloses and all' parties
agree that employees in the position of chief engineer, maintenance
supervisor, and craft foremen in charge of departments are super-
visory and should be excluded from all units of craft employees. The
only classification concerning which a question arises by reason of
disagreement among the parties is that of assistant heads or assistant
craft foremen, comprising employees known as the assistant head pipe
fitter, the assistant head welder, and the assistant head electrician.8
The Oil Workers and the Engineers contend that all assistant fore-
men should be excluded from collective bargaining. The Federation
would likewise exclude all assistant craft foremen with the exception
of the head welder. The Companies, supported by the Machinists,
the Electricians, and the Pipe Fitters, would include the assistant craft
foreman within the jurisdiction of the several craft organizations.
The evidence discloses that, while the assistant craft foremen, who
are primarily workmen with minor supervisory duties, may make
recommendations with respect to the status of employees under them,
their recommendations in. this respect are largely ineffective. We
find that the assistant craft foremen have no substantial supervisory
duties within our customary definition. We shall, accordingly, in-
clude them within the voting groups of craft employees hereinafter
set forth.
So far as the residual group is concerned, all parties agree to the
exclusion among others of' office and supervisory employees. The
only classifications concerning which a question arises by reason of a
dispute between the parties or a consideration of'the evidence relating
thereto, cover the employees known as field clerks, safety department
employees, draftsmen, process engineers, laboratory foremen, grad-
uate chemists, and shift foremen.°
8.The problem of assistant craft foreman does not arise in the case of the departments
covering the boilermaker's, painters, and machinists, respectively, since no employees of this
type are to be found in these departments. The classification of leadmari found in the
machine shop is the nearest to that of assistant craft foreman. The position is, however,
one which carries no supervisory authority within the Board's customary definition thereof.
The parties do not dispute and we find that the following employee classifications may
properly be included within the residual group warehouse stockmen, janitors, test engi-
neers, and assistant terminal foremen . We shall exclude therefrom in accordance with
the agreement of the partlgg, plant -protection employees , department heads, the power plant
engineer , the assistant power planfengineer , chief chemist , assistant chief chemist, and
nurses. -
1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Field clerks: The Oil Workers would exclude, while the Inde-
pendent and the Companies would include, certain employees known
as field clerks.1° The record reveals that field clerks, as distinguished
from main office clerks, spend a certain portion of their time in the
refinery and the balance of their time in the plant offices under the,
supervision of the assistant department heads. It is our opinion that,
except for Jackson, who is a supervisory employee with authority
to make recommendations as to employee status, the foregoing field'
clerks, all of whom are in daily contact with the production and
maintenance employees and work under the same supervision as the
latter, have interests more intimately related to those of the produc=
tion and maintenance employees than those of the office employees'
We shall, therefore, include field clerks other than the aforesaid super-
visory employee, within the residual group of production and main-
tenance employees.
Safety department employees: The employees in the safety depart-
ment consist of inspectors who inspect the plant equipment from the
standpoint of fire prevention. They also check and service both fire
extinguishers and safety appliances to see that these are maintained
in proper working condition. Of employees in this department, one,
a-salaried employee known as the fire and safety inspector, is directly,
responsible to the personnel director, who is in charge of the safety
department and trains fire crews in the work of first aid and fire
prevention. While fire inspectors may, as a class, report instances
of individual carelessness on the part of other employees, such reports
are not extensive and apparently are largely ineffective insofar as they
affect the status of such employees. On the other hand, the report by
the fire and safety inspector would be given very serious consideration
by the personnel director. The Oil Workers contends that all safety
department employees should be excluded from the appropriate unit.
The Independent is equally insistent that they be included therein.
The record reveals that, notwithstanding the fact that the safety
department is under the supervision of the director of personnel, the
work i erf9rmed by safety department employees is essentially one
of maintenance. Accordingly, we shall include the ordinary safety
department inspectors within the residual voting group hereinafter
referred to.12 If bWever, we shall exclude therefrom the fire and safety,
inspector, since it appears that, by virtue of his managerial responsi-
bilities, he occupies in practice the position of safety engineer, which
category has generally been excluded from units of production and
maintenance employees.13
10 The employees in this category comprise the following named employees : J. J Goodwin,.
E J Dore, W C. Reynolds, George Cooper, and D W Jackson
" See Matter of Goodman Manufacturing Company, 58 N. L R B 531.
"See Matter of Shell Development Company, Inc., 88 N. L. R. B. 192.
is See Matter of General Chemical Company, 57 N. L. R. B. 524.
J. S. ABERCROMBIE COMPANY 1019
Draftsmen: Employees in this classification work in the engineering
'department under the supervision of the chief design engineer and
the assistant design engineer. The duties of draftsmen consist of
designing and making drawings to be furnished to construction and
maintenance men, employed by the Companies in connection with both
normal maintenance work and the Companies' current program for
plant revision. The qualifications for draftsmen require general
drafting experience and a certain knowledge of strength of material
and principles of design. ^ While it appears that draftsmen receive
approximately the same wages as production employees and perform
work which, in most instances, is of routine character, the record also
discloses that draftsmen are not interchanged with production work-
ers; moreover, the evidence reveals that draftsmen spend but little
time in the plant 11 and are generally considered office employees
whose line of advancement is different from that of the production
and maintenance group. The Companies and the Independent con-
tend that draftsmen should be included within the appropriate unit.
On the other-hand, the Oil Workers and the Engineers urge the
exclusion of draftsmen. In view of the technical nature of their
work, we shall exclude draftsmen from the residual voting group
hereinafter referred to.15
Process engineers: The employees in this category are a highly
technical group whose duties require a degree in engineering together
with considerable practical experience. Process engineers are sub-
divided into two groups known as senior and junior engineers, respec-
tively. Senior process engineers, whose higher rank is the result
of greater experience, spend the greater part of their time in offices
where they tabulate and study engineering data for the purpose of in
creasing the efficiency of operating units. By comparison therewith,
junior process engineers are likewise concerned with the accumulation
of data, but spend the greater part of their time working in operating
units where they collect data for subsequent study and tabulation by
senior members of the group. Both senior and junior process engi-
neers are regarded by the Companies as professional employees and
are treated differently from production workers, both with respect to
the manner in which they are paid and in relation to overtime work.',
The Oil Workers and the Federation contend that all process engi-
neers be excluded as technical employees. The Companies urge that
jupior process engineers be included within the appropriate unit. We
find, in view of the technical and professional nature of the work per-
formed by process engineers as a group, that they have few interests
14 The time which draftsmen spend in the plant amounts to only approximately 10 or 15
percent of their working day.
11 See Matter of Goodman Manufacturing Company, 58 N L. R. B. 531.
16 Senior and junior process engineers are paid on a monthly salary- basis and are not
entitled to overtime as aie the hourly paid production employees generally.
1020 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in common with the ordinary production employees; accordingly, we
shall exclude all process engineers from the residual voting group.
Graduate chemists: The employees in this. group are located in the
analytical section of the laboratory department where they perform
special analytical work requiring professional training and a degree
in chemistry as qualifications for their employment. The-Oil Workers
and the Federation would exclude all graduate chemists while the
Companies would include such employees within the appropriate unit.
We are of the opinion that graduate chemists occupy with respect to
the residual group of non-professional employees, substantially the
same position as the process engineers previously considered. Ac-
cordingly, we shall exclude graduate chemists from the residual vot-
ing group.
Laboratory foremen: Employees in this category are four in number
and supervise various sections in the laboratory including employees
known as laboratory testers. The evidence reveals that while certain
of the laboratory foremen perform actual maintenance work in con-
nection with other duties, all make recommendations as to status of
employees under them, which recommendations are given considerable
weight by higher management officials.1 Since it appears that labora-
tory foremen are, by virtue of their power to make effective recom-
mendations, supervisory employees within the meaning of our usual
definition, we shall, notwithstanding the agreement of the parties to
the contrary, exclude laboratory foremen from the residual voting
group aforesaid.
Shift foremen: Employees in this category known as shift foremen
are in charge of various operating shifts and supervise from 5 to 20
employees each during the period covered by their respective shifts.18
The record discloses that shift foremen are not expected to do physical
work, although they may do such work on occasions if the situation
requires it. They make recommendations with respect to the status
of employees under them, which recommendations are given serious
consideration by higher management ofl'icials.19 While all parties are
agreeable to the inclusion of shift foremen, we find that they are
supervisory employees within the meaning of our usual definition.
We shall, accordingly, exclude them from the residual voting group.
As previously indicated, we shall, at this time, make no final de-
termination with respect to the appropriate unit or units pending the
17 The authority of laboratory foremen to make recommendations is equal in all respects
to that of the craft foremen excluded by agreement from the several voting groups of craft
employees
11 The evidence reveals that shift foremen are also subject to call 24 hours a day In order
that they may be on band in the event of an emergency
19 The recommendations of shift foremen are subject to less Investigation than are the
recommendations of certain of the craft foremen whom all parties agree should be excluded
as supervisory employees. -
J. S. ABERCROMBIE COMPANY 1021
outcome of elections among employees of the Companies' Old Ocean
refinery in each of the voting groups set forth below :
1. All maintenance machinists and helpers in the machine shop,
including leadmen, but excluding the machine shop foreman and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action;
2. All maintenance electrical employees in the electrical depart-
ment, including helpers and the assistant chief electrician, but exclud-
ing the chief electrician and all other supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action ;
3. All maintenance boilermakers, helpers, and riggers in the boiler-
makers and riggers department, excluding the rigger boilermaker
foreman and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action;
4. All maintenance painters in the paint department, excluding the
head painter and all other supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action;
5. All maintenance pipe fitters, pipe fitters' helpers, welders, hanger-
men, insulators, pipe liners, pipe walkers, and pipe machine opera-
tors in the pipe fitting and welding departments,20 including the as-
sistant head pipe fitter and the assistant head welder, but excluding
the head pipe fitter and the head welder and all other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action ;
6. All remaining production and maintenance employees, includ-
ing warehouse stockmen, janitors, test engineers, laboratory testers,
safety department inspectors, field clerks, and assistant terminal fore-
men, but excluding craft maintenance employees in the pipe fitting,
welding, machine shop, paint, electrical, and riggers and boilermakers'
departments, respectively, professional and technical employees (in-
cluding process engineers, draftsmen, graduate chemists and nurses),
office employees, the fire and safety inspector, plant-protection em-
ployees, power plant engineer, assistant power plant engineer, chief
chemist, assistant chief chemist, laboratory foremen, shift foremen,
department heads, the supervisory field clerk 2" and all other super-
19 The Pipe Fitters and the Boilermakers, while claiming equal jurisdiction over welders,
agreed at the hearing that all welders, whether engaged in pipe fitting or boilermaking work,
should be placed in the pipe fitters' group for purposes of the election.
21 D. W. Jackson.
1022 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the 'status of employees, or
effectively recommend such action.-
We shall direct separate elections among the employees in the groups
set forth above who were employed during the pay-roll period im-
mediately preceding the date of the Direction of Elections herein, sub-
ject to additions and limitations set forth in the Direction.22
Inasmuch as the Engineers made no showing of representation
among the employees of the Companies, we shall not accord it a place
on the ballot in the election 23
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with J. S. Abercrombie
Company and Harrison Oil Company, Sweeney, Texas, elections by
secret ballot shall be conducted as early as possible but not later than
thirty (30)- days from the date of the Direction of Elections, under
the direction and-supervision of the Regional Director for the Six-
teenth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Sections 10 and 11, of
said Rules and Regulations among the employees in the voting groups
referred to in Section IV, above, who were employed during the pay-
roll period immediately preceding the date. of this Direction,- in-.
eluding employees who did not work during said pay-roll period be-
cause they were ill or on vacation or temporarily laid off, and including.
employees in the armed forces of the United States, who present them-
selves in persoli at the polls, but excluding any who have since quit-
or been discharged for cause and -have not been rehired or reinstated
prior to the date of-the elections:
1. To determine whether the employees in the machinists' group-
described in Section- IV, above, desire to be represented by Interna-,
tional Association of Machinists, District Lodge No. 37, A. F, of L.,
or by Oil Workers International-Union, affiliated with the Congress
"The Oil Workers -requested at the bearing that the pay-toll' period immediately pre-
ceding June 17, 1944, be designated as the eligibility date'by'reason of the fact that a
number of additional employees liave been added to the pay roll since the filing of the
original petition. The request was opposed by the craft- organizations- and the operating
engineers. While the record indicates that the Companies' pay roll has been-increased-
by approximately 10 percent between 'June 17, 1944, and the date of the hearing, we find
therein no reason to depart from our usual practice in respect to the selection of a date
governing eligibility to vote. - -
23 See Matter of General Petroleum Corporation of California, 57 N. L R'B,-1366.
J. S. ABERCROMBIE COMPANY 1023
of Industrial Organizations , or by Old Ocean Employees Feder-
ation, for the purposes of collective bargaining , or by none of these
,organizations ;
2. To determine whether the employees in the electricians' group
described in Section IV, above, desire to be represented by Interna-
tional Brotherhood of Electrical Workers, Local Union No. 716, A. F.
of L., or by Oil Workers International Union, affiliated with the
Congress of Industrial Organizations , or by Old Ocean Employees
Federation , for the purposes of collective bargaining , or by none of
these organizations;
3. To determine whether the employees in the boilermakers' group
described in Section IV, above, desire to be represented by Interna-
tional Brotherhood , of Boilermakers , Iron Shipbuilders and Helpers,
Local No. 74 , or by Oil Workers International Union, affiliated with
the Congress of Industrial Organizations , or by Old Ocean Employees
Federation , for the purposes of collective bargaining , or by none of
these organizations;
4. To detei•minee whether the employees in the painters ' group de-
scribed in Section IV, above, desire to be represented by Brotherhood
of Painters , Decorators and Paperhangers of America, Local No. 130,
or by Oil Workers International Union, affiliated with the Congress
of Industrial Organizations , or by Old Ocean Employees Federation,
for the purposes of collective bargaining , or by none of these organ-
izations;
5. To determine whether the employees in the pipe fitters' group
described in Section IV, above, desire to be represented by Pipe Fitters
Local No. 195, or by Oil Workers International Union, affiliated with
the Congress of Industrial Organizations , or by Old Ocean Employees
Federation , for the purposes of collective bargaining , or by none of
these organizations; -
-, 6. To determine whether the employees in the residual group de-
scribed in Section IV, above, desire to be represented by Oil Workers
International Union, affiliated with the Congress of Industrial Organ-
izations , or by Old Ocean Employees Federation , for the purposes of
collective bargaining, or by neither. -
MR. GERARD D . REILLY took no part in the consideration of the above
Decision and Direction of Election. - - - '