Shell Oil Co.

National Labor Relations Board - Board Decisions

Nov 16, 1938

9 N.L.R.B. 908 (N.L.R.B. 1938)

In the Matter of SHELL OIL COMPANY and INTERNATIONAL ASSOCIA-
TION OF OIL FIELD, GAS WELL AND REFINERY WORKERS OF AMERICA
Case No. R-551
Oil Producing and Refining Industry-Investigation of Representatives: peti-
tion for, dismissed in part-Units Appropriate for Collective Bargaining: (1)
employees engaged within State of California in the production , pipe-line, and
refinery departments and the automotive and telephone departments operated
in conjunction therewith; ( 2) employees performing certain functions-Elec-
tion Ordered : run-off.
SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
THIRD DIRECTION OF ELECTION
AND
ORDER
November 16, 1938
On May 24, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in the
above-entitled case. The Direction of Election provided that an
election by secret ballot be held within thirty (30) days from the
date of the Direction among five groups of employees of Shell Oil
Company of California which, when taken together, constituted all
employees of Shell Oil Company of California, as of November 15,
1937, engaged within the State of California in the production, pipe-
line, and refinery departments and the automotive and telephone de-
partments operated in conjunction therewith, excluding clerical em-
ployees and supervisory employees having the power to hire and
discharge, and excluding also employees who had quit or had been
discharged for cause since November 15, 1937. A separate ballot was
to be prepared for each of the five groups and the election was to
determine : In the case of Group 1, whether the employees in such
group desired to be represented by the Oil Workers International
Union or by the International Association of Machinists or by
1 7 N. L. R. B. 417.
9 N. L. R . B., No. 85.
908
DECISIONS AND ORDERS 909
neither; in the case of Group 2, whether the employees in such group
desired to be represented by the Oil Workers International Union or
by the International Brotherhood of Electrical Workers or by
neither; in the case of Group 3, whether the employees in such group
desired to be represented by the Oil Workers International Union
or by the International Brotherhood of Blacksmiths, Drop Forgers,
and Helpers or by neither ; in the case of Group 4, whether the em-
ployees in such group desired to be represented by the Oil Workers
International Union or by the International Brotherhood of Boiler
Makers, Iron Ship Builders, Welders, and Helpers of America or by
neither ; and in the case of Group 5, whether the employees in such
group desired to be represented by the Oil Workers International
Union or by the Oil Industry Metal Trades Council of California
or by neither.
On August 16, 1938, the Board issued a Supplemental Decision
and Second Direction of Election, setting out results of the ballot-
ing which showed that majorities had been accorded to International
Brotherhood of Electrical Workers by those voting in Group 2 and
to the Oil Workers International Union by those voting in Group 5;
that a majority of the votes cast in Group 3 had been for neither
union; and that in Groups 1 and 4 the ballots had been indecisive,
since in the former the Oil Workers International Union received a
plurality but not a majority, while in the latter group a large ma-
jority of the votes cast were equally divided between the Oil 'Porkers
International Union and the International Brotherhood of Boiler
Makers, Iron Ship Builders, Welders, and Helpers of America. The
Board directed a run-off election for Group 1 and a repeat election
for Group 4 in view of the indecisive results in each group.2 It
also stated that formal certification of representatives would be
withheld until such time as conclusive results in all five groups were
known.
Pursuant to the Second Direction of Election, an election by secret
ballot was conducted on September 7, 1938. Full opportunity was
accorded to all of the parties to this investigation to participate in
the conduct of the election by secret ballot and to make challenges.
On September 16, 1938, Towne Nylander, Regional Director for the
Twenty-first Region (Los Angeles, California), acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 1, as amended, issued his Intermediate Re-
port Upon Secret Ballot, copies of which were duly served upon
all parties interested in the balloting. No exceptions to the Inter-
mediate Report have been filed by any of the parties.
2 8 N. L. R. B. 920.
910 NATIONAL LABOR RELATIONS BOARD
As to the balloting and the results thereof, the Regional Director
reported as follows :
GROUP 1
1. Total Number Eligible--------------------------------- 298
2. Total Number of Ballots Counted----------------------- 206
3. Total Number of Votes for the Oil Workers International
Union (C. I. O.)------------------------------------- 120
4. Total Number of Votes Against the Oil Workers Interna-
tional Union (C. I. 0.) ------------------------------- 80
5. Total Number of Blank Ballots------------------------- 0
6. Total Number of Void Ballots-------------------------- 0
7. Total Number of Challenged Votes---------------------- 6
GROUP 4
1. Total Number Eligible--------------------------------- 71
2. Total Number of Ballots Counted----------------------- 63
3. Total Number of Votes for Oil Workers International
Union (C. 1. O.)------------------------------------- 20
4. Total Number of Votes for International Brotherhood of
Boiler Makers, Iron Ship Builders, Welders, and
Helpers of America (A. F. of L.) --------------------- 29
5 Total Number of Votes for Neither---------------------- 9
6. Total Number of Blank Ballots------------------------- 0
7. Total Number of Void Ballots-------------------------- 1
8. Total Number of Challenged Votes---------------------- 4
The Regional Director allowed all challenges to stand and recom-
mended that challenged votes not be counted. No exception has been
made to such recommendation by any of the parties.
Where one union receives a plurality but not a majority of the
votes cast, as in the case of Group 4 above, it has been our practice to
direct a run-off election, upon request of the union receiving the
greater number of votes, to determine whether or not the employees
desire to be represented by such union, for the purposes of collective
bargaining.s The Regional Director has forwarded to the Board a
request in writing from International Brotherhood of Boiler Makers,
Iron Ship Builders, Welders, and Helpers of America for such a
run-off election. The Board finds that a run-off election should be
held and will so direct.
In the Decision and Direction of Election 4 previously referred to,
we stated that upon the results of the ballots would rest the deter-
mination of the unit or units appropriate for the purposes of col-
lective bargaining. We stated also that all groups in which a
majority was returned for Oil Workers International Union would
8Matter of Interlake Iron Corporation and Amalgamated Association of Iron, Steel, and
Tin Workers of North America, Local No. 1657, 4 N. L. R. B. 55, and Matter of Fedders
Mfg. Co and Lodge No 1754, Amalgamated Association of Iron, Steel, and Tin Workers of
North America, 4 N. L. R. B. 770.
4 7 N. L. R. B. 417.
DECISIONS ;•AND'ORDERS 911
be consolidated into a single collective bargaining unit, but that a
separate collective bargaining unit would be established for each
group in which a majority of the employees chose the union opposing
the Oil Workers International Union on the ballot.
Because of the one remaining indecisive ballot and of our decision
to order a further election, we cannot make a final determination at
this time concerning the unit for which such ballot has been directed.
We can, however, certify representatives for the three groups in
which a majority of the employees•chose-one or=the;other,of:the con-
testing unions and dismiss the petition in so far as it relates_to the
group in which the ballot has resulted in a majority vote for neither
union, since the result of the ballot yet to be conducted will in no way
.alter or affect the units for which representatives are now certified.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
In order to insure to employees of the Company the full benefit
Of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act, we find that the following
employees of Shell Oil Company of California constitute units
appropriate for.the purposes of collective bargaining :
(a) Groups 1 and 5 combined, comprising employees engaged
within the State of California in the production, pipe-line, and re-
finery departments and the automotive and telephone departments
operated in conjunction therewith, including all employees perform-
ing the same functions as those performed by the persons listed on
Intervenors Exhibit No. 11, introduced in evidence at the hearing
conducted in this proceeding from November 22 to December 23, 1937,
but excluding clerical employees and supervisory employees having
the power to hire and discharge, and excluding also all employees
performing the same functions as those performed by the persons
listed on Intervenors Exhibits Nos. 12, 14, and 15, introduced in evi-
-dence at the hearing conducted in this proceeding from November
22 to December 23, 1937;
(b) Group 2, comprising employees performing the same functions
as • those performed by the persons listed on Intervenors Exhibit
No. 12, introduced in evidence at the hearing conducted in this pro-
ceeding from November 22 to December 23, 1937.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
The following employees of Shell Oil Company of California con-
-stitute units appropriate for the purposes of collective bargaining,
912 NATIONAL LABOR RELATIONS BOARD
within the meaning of Section* 9- (b) of the National Labor Rela-
tions Act :
(a) Groups '1 and 5 combined, "comprising employees engaged
within the State of California in the production,` pipe-line, and re-
finery departments and the automotive and telephone 'departments
operated in conjunction therewith, including all employees perform-
ing the same functions as those performed by the persons listed on
Intervenors Exhibit No. 11, introduced in evidence at the hearing
conducted in this proceeding from November 22 to December 23,
1937, but excluding clerical 'employees and supervisory employees
having the power to hire and discharge, and excluding also all
employees performing the same functions as those performed by
the persons listed on Intervenors Exhibits Nos. 12, 14, and 15, intro-
duced in evidence at the hearing conducted in this proceeding from
November 22 to December 23, 1937;
(b) Group 2, comprising employees performing the same func-
tions as those performed by the persons listed on Intervenors Ex-
hibit No. 12, introduced in evidence at the hearing conducted in
this proceeding from November 22 to December 23, 1937.
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 Rela-
tions Act and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that Oil Workers International Union has
been designated and selected by the majority of the employees of
Shell Oil Company of California, as of November 15, 1937, engaged
within the State of California in the production, pipe-line, and re-
finery departments and the automotive and telephone departments
operated in conjunction therewith, including all employees listed
on Intervenors Exhibit No. 11, introduced in evidence at the hearing
conducted in this proceeding from November 22 to December 23,
1937, but excluding clerical employees and supervisory employees
having the power to hire and discharge, and excluding also all
employees listed on Intervenors Exhibits Nos. 12, 14, and 15, intro-
duced in evidence at the hearing conducted in this proceeding from
November 22 to December 23, 1937, as their representative for the
purposes of collective bargaining, and that, pursuant to Section
9 (a) of the National Labor Relations Act, Oil Workers Interna-
tional Union is the -exclusive, representative- of. all such employees
and all other employees performing like functions, for the purposes
of collective bargaining in respect to rates of pay, wages, hours 'of
employment, and other conditions of employment; and
DECISIONS AND ORDERS 913
IT IS ALSO HEREBY CERTIFIED that International Brotherhood of
Electrical Workers has been designated and selected by the majority
of the employees listed on Intervenors Exhibit No. 12, introduced in
evidence at the hearing conducted in this proceeding from November
22' to December 23, 1937, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the Na-
tional Labor Relations Act, International Brotherhood of Electrical
Workers is the exclusive representative of all such employees and
all other employees performing like functions, for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.
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, Sections 8 and 9, 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
Shell Oil Company of California, San Francisco, California, an
election by secret ballot shall be conducted within thirty (30) days
from the date of this Direction under the direction and supervision
of the Regional Director for the Twenty-first Region, acting in this
matter as agent for the National Labor Relations Board and subject
to Article III, Section 9, of said Rules and Regulations, among all
employees listed on Intervenors Exhibit No. 15, introduced in evi-
dence at the hearing conducted in this proceeding from November
22 to December 23,-1937, except those who have quit or been dis-
charged for cause since November 15, 1937, to determine whether or
not they desire to be represented by the International Brotherhood
of Boiler Makers, Iron Ship Builders, Welders, and Helpers of
America, for the purposes of collective bargaining.
ORDER
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, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY ORDERED that the petition for investigation and cer-
tification of representatives of all employees of Shell Oil Company of
California engaged within the State of California in the produc-
tion, pipe-line, and refinery departments and the automotive and
telephone departments operated in conjunction therewith, excluding
914 NATIONAL LABOR RELATIONS BOARD
clerical employees and supervisory employees having the power to
hire and discharge, filed by Oil Workers International Union, be, and
it hereby is, dismissed in so far as it relates to employees listed on
Intervenors Exhibit No. 14, introduced in evidence at the hearing
conducted in this proceeding from November 22 to December 23, 1937,
and to other employees performing like functions.