The Texas Co.

National Labor Relations Board - Board Decisions

Sep 12, 1944

58 N.L.R.B. 209 (N.L.R.B. 1944)

In the Matter of THE TEXAS COMPANY and INTERNATIONAL ASSOCIATION
OF MACHINISTS, DISTRICT No. 31, A. F. L.
Case No. 15-R-1167.-Decided September 12, 1944
Mr. John C. Jackson, of Houston, Texas, for the Company.
Mr. Arvil Inge, of Fort Worth, Texas, Mr. T. K. Stitzlein, of Lake
Charles, La., Mr. E. H. Boswell, of Orange, Texas, and Mr. L. M.
Fagan, of New Orleans, La., for the I. A. M. and the Council.
Mr. R. W. Starnes, of New Orleans, La., for the Oil Workers.
Mr. Louis Coking of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
District No. 31, A. F. L., herein called the I. A. M., alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Texas Company, Erath, Louisiana, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Laurence H. Whitlow,
Trial Examiner. Said hearing was held at New Orleans, Louisiana,
on August 11, 1944. At the commencement of the hearing the Trial
Examiner granted motions of Lake Charles Metal Trades Council,
A. F. L., herein called the Council,' and Oil Workers International
Union, C. I. 0., herein called the Oil Workers, to intervene. The
Company, the I. A. M., the Council, and the Oil Workers appeared,
participated, and all parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiner's rulings made at
,the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
I Although the Council intervened individually , the I A. M. and the Council stated
at the hearing that they were in effect acting jointly and as a single petitioner.
58 N. L . R. B., No. 43.
209
.609591-45-vol. 58-15
210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
7
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Texas Company is a Delaware corporation with its principal
office at New York City. We are hereby concerned with its recycling
plant at Erath, Louisiana, where it is engaged in the removing'of'
wet gas from the ground, extracting from it the liquid distillate and
hydro-carbon, and then compressing the residue gas and injecting it
back into the ground. The Company commenced operations at its
Erath plant on April 12, 1944. The Company produces Iso-Butane,
normal butane, isopentone, and 400 degree I. B. P. distillate. All of
these products are shipped to a plant of the Company at Port Arthur,
Texas. The Company also produces pentone-plus and 400 degree
E. P. natural gasoline. Most of these products are shipped to points
outside the State of Louisiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations At.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, District No. 31 , and Lake
Charles Metal Trades Council are labor organizations affiliated with
the American Federation of Labor, admitting to membership em-
ployees 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 QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize any labor organization as the
exclusive collective bargaining representative of the employees of the
Erath plant until such time as the Board determines the appropriate
bargaining -agent.
Statements of a Field Examiner of the- Board and the Trial Ex-
aminer, introduced into evidence at the hearing, indicates that the
I. A. M. and the Oil Workers each- represents a substantial number of
employees in the unit hereinafter found to be appropriate?
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.
' The Field Examiner reported that the I A M presented 38 authorization cards.
There are approximately 82 employees in the appropriate unit. The Trial Examiner
reported that the Oil workers presented 39 authorization cards.
THE TEXAS COMPANY
IV. THE APPROPRIATE UNIT
211
The I. A. M., the Council , and the Oil Workers urge that all em-
ployees at the Erath plant of the Company, including the assistant
chief chemist, head operators , and the head meterman, but excluding
the superintendent , plant foreman , drilling and production foreman,
chief chemist , chemists, head roust-a-bout , petroleum engineer, plant
clerks, head production clerks, analysis clerks, stenographers , reception
clerks, draftsmen , warehousemen , and warehouse clerks, constitute an
appropriate unit. - The only controversy with respect to the unit con-
cerns the assistant chief chemist , head operators , and the head meter-
man.
The Company employs a person classified as assistant chief chemist.
This employee has six subordinates and is consulted with respect to
their promotion . He also recommends the hire and discharge of his
subordinates . We find that the assistant chief chemist is a supervisory
employee, and as such, we shall exclude him from the unit.
The Company employs three head operators, each of whom has eight
subordinates . None of the head operators performs any manual work,
and they recommend the hire and discharge of their subordinates. We
shall exclude the head operators from the unit.
The head meterman has three subordinates , interviews applicants
for jobs as metermen, and recommends changes in the employment
status of his subordinates . Accordingly we shall exclude the head
meterman from the unit.
We find that all employees at the Erath plant of the Company, ex-
cluding chemists , petroleum engineers , plant clerks , clerks, analysis
clerks, stenographers , reception clerks, draftsmen , warehousemen,
warehouse clerks, the superintendent, plant foremen , drilling and pro-
duction foremen , chief chemist , head mechanics , head roust-a-bout,
head production clerks, the assistant chief chemist , head operators, the
head meterman , and any 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 mean-
ing 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 means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein , subject to the limitations and additions set forth in
the Direction.
212 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company employs two persons classified as a chemist-laboratory
tester and a head operator-operator, respectively. We find, in accord-
ance with the desires of all parties, that such persons are eligible to
vote in the election.
The I. A. M. and the Council request that they appear jointly on the
ballot as "Lake Charles Metal Trades Council, affiliated with the A. F.
of L." The request is hereby granted.
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 represent-
atives for the purposes of collective bargaining with The Texas Com-
pany, Erath, Louisiana, 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 Fifteenth Region, acting in this platter 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 pre-
sent themselves in person at the polls, but excluding any who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election to determine whether they desire
to be represented by Lake Charles Metal Trades Council, affiliated
with the A. F. of L. or by Oil Workers International Union, C. 1. 0., for
the purposes of collective bargaining, or by neither.