The Clymore Co., Inc.

National Labor Relations Board - Board Decisions

Sep 13, 1944

58 N.L.R.B. 227 (N.L.R.B. 1944)

In the Matter of THE CLYMORE COMPANY, INC. and OIL WORKERS IN-
TERNATIONAL UNION, CIO
Case No. 16-R-985. I}ecided September 13, 1944 -
Messrs. Vinson, Elkins, Weems, and Francis, by Mr. Leroy Jeffers,
of Houston, Tex., for the Company.
Mr. W. J. Trombley, of Beaumont, Tex., for the Union.
Mr. Philip Licari, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Oil Workers International
Union, CIO, herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of The Clymore Company, Inc., Pettus,'Texas, herein called the Com-
pany, the National Labor Relations Board provided fog: an appro-
priate hearing upon due notice before John A. Weiss, Trial Examiner.
Said hearing was held at Beeville, Texas, on July 28, 1944. The
Company and the Union appeared and participated. All parties 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 prej-
udicial 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
I. THE BUSINESS OF THE COMPANY
The Clymore Company, Inc.,- a Texas corporation with its main
offices at San Antonio, Texas, owns two oil refineries in the State of
Texas, located within 45 miles of each other, at which it is engaged
in the sale and distribution of kerosene, gasoline, gas oil, and fuel oil.
One refinery, whose employees are sought to be represented by the
58 N. L. R. B., No 46.
227
228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Union, is located at Pettus, Texas, and the other at Refugio, Texas.
A third refinery situated at Refugio, Texas, is owned by the Refugio
Refinery Company, also a Texas corporation, hereinafter referred to
as Refugio. The record reveals that Garland Clymore is the presi-
dent of the Company and also president of Refugio, and owns the
controlling interest in' the corporate stock of each. The Company's
board of directors is identical with that of Refugio. R. S. Wyrick
is vice president and manager of the Company, and also vice presi-
dent and manager of Refugio. The superintendents of the Com-
pany's refineries and Refugio's refinery are under the supervision of
Wyrick, who directs operations at all three refineries. The pay rolls
of the Company's refineries and Refugio's refinery are sent to Wyrick
for approval, and he, in turn, forwards them to the Company's main
office at San Antonio, Texas, where checks are prepared and drawn
and transmitted to Wyrick for distribution to the superintendents of
all three refineries. Clyinore testified that the Company and Refugio
have a unified pay-roll system and single bank account. All purchases
of supplies, equipment, crude oil, and natural gas for operations at all
three refineries are made by either Clymore or Wyrick. There is fre-
quent interchange of equipment and supplies between the Company's
Pettus refinery and Refugio's refinery. Potential purchasers of the
products of either the Company's Pettus refinery or Refugio's re-
finery are directed to Wyrick or his subordinate for the purpose of
negotiating for the sale of such products. Testimony shows that
either Clymore or Wyrick handles labor problems for both, the
Company and Refugio.
The Company- and Refugio purchase all their needed crude oil and
natural gas in the State of Texas, and it is transported to their respec-
tive refineries through intrastate pipelines and by tank transports.
During the year ending July 1, 1944, the Company purchased equip-
ment and lead valued at $110,000, of which 10 percent was shipped
from points outside the State of Texas. During the same period the
Company processed at its Pettus refinery 365,000 barrels of oil valued
at approximately, $600,000, of which 2 percent, in a single transaction,
was sold to the United States Navy and shipped to points outside the
State of Texas. Also during the same period, Refugio processed
90,000 barrels of oil valued at approximately $208,000, of which 70
percent was sold to the Pontiac Refining Company,' it corporation
located in the State of Texas, which, in turn, after reprocessing and
commingling the oil with its own products, sold it to the United States
Government.
In view of the relationship between the Company and Refugio, the
integration of their operations, and upon all the facts above set forth,
'The Pontiac Refining Company is a Texas corporation unrelated to the corporations
involved in the instant proceeding. -
THE CLYMORE COMPANY, INC. 229
contrary to the Company's contention, we find that its activities, and,
more particularly, its Pettus refinery's activities, affect commerce
within the meaning of the National Labor Relations Act.2
II. THE ORGANIZATION INVOLVED
Oil Workers International Union, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. TLIE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Union- represents a
substantial number of employees in the unit hereinafter found
appropriate.3
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 -
We find, in accordance with the agreement of the parties, that all
employees of the Company at its refinery at Pettus, Texas, excluding
the refinery superintendent, and any other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute 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 em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
2 See Consolidated Edison Co . of N. Y., Inc, V. N. L. R. B., 305 U. S. 197 ; N. L. R. B.
V. Jones it Laughlin Steel Corporation , 301 U . S 1; and N. L. R . B. v. RichtWs Bakery,
140 F. ( 2d) 870 (C. C. A 5), cert denied , 322 U S. 754 -
S The Field Examiner reported that the Union submitted 11 designation cards, all of
which bore apparently genuine of iginal signatures ; that the names of all persons appear-
ing on the cards were listed on the Company's pay roll of June 15, 1944 , which contained
the names of 17 employees in the appropriate unit ; and that the cards were dated June
1944. The Trial Examiner stated on the record that the Union , at the hearing , submitted
5 additional authorization cards dated July 1944, and signed by employees whose names
appear on the pay roll above mentioned.
230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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 The Clymore Com-
pany, Inc., Pettus, 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, Sec-
tions 10 and 11, 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 those employees
who have since quit or been discharged for cause and have not been re-
hired or reinstated prior to the date of the election, to determine
whether or not they desire to be represented by Oil Workers Inter-
national Union, affiliated with the Congress of Industrial Organiza-
tions, for the purposes of collective bargaining.