The Texas Co.

National Labor Relations Board - Board Decisions

Aug 3, 1945

63 N.L.R.B. 134 (N.L.R.B. 1945)

In the Matter of THE TEXAS COMPANY and CHEMICAL DIVISION, Dis-
TRICT 50, UNITED MINE WORKERS OF AMERICA
Cases Nos. 2-R-5521 and 2-R-560-I.-Decided August 3, 1945
Messrs. J. A. Radigan, J. R. Walker, and R. J. Gengler, of New York
City, for the Company.
Messrs. Robert R. Fold and Alfred R. Cherney, of New York City,
for the Union.
DIr. Isadore Engle, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upoil separate petitions , as amended , duly filed by Chemical Divi-
sion, District 50, United Mine Workers of America , herein called the
Union , alleging that questions affecting commerce had arisen concern-
ing the representation of employees of The Texas Company, Albany,
New York, herein called the Company, the National Labor Relations
Board consolidated the cases and provided for an appropriate hearing
upon due notice before Richard J. Hickey, Trial Examiner. Said
hearing was held at Albany, New York , on May 28, 1945 . The Com-
pany 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 froin 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 COMPANY
The Texas Company, a Delaware corporation, is a wholly' owned
subsidiary of The Texas Corporation through which it is affiliated with
some 50 other corporations located in the State of Texas, other States
of the United States, and in foreign countries, all constituting a world-
wide organization for the production, transportation, refining, and
marketing of crude oil and the products thereof, and for incidental
businesses. These proceedings are concerned only with the Company's
63 N. L . R B, No. 19. -• -
134 •
THE TEXAS COMPANY 135
employees at its Albany, New York, bulk plant, where it is engaged in
the distribution of its own finished petroleum products. Approxi-,
mately 90 percent of the various petroleum products distributed by the
Albany, New York, bulk plant is shipped to the plant from points
outside the State of New York. During the past year the Company's
sales at this operation were in excess of $50,000, of which approximately
15 percent represented shipments to places outside the State.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Chemical Division , District 50, United Mine Workers of America, is
a labor organization admitting to membership employees of the Com-
pany.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused the Union's request for recognition as
the exclusive bargaining representative of its clerical employees and
its further request for recognition as collective bargaining representa-
tive of its stake-truck operators, tank-truck operators, warehousemen,
stationary engineers, and- assistant stationary engineers, until the
Union has been certified by the Board in appropriate units.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the units hereinafter found appropriate?
We find that questions affecting commerce have 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 UNITS
The Union seeks to establish two separate units to be constituted as
follows : (1) All clerical employees including the chief clerk, the
representative's clerk, and the clerk for representative, but excluding
representatives, salesmen, sales engineers, agents, assistant agents, mo-
tor inspectors, executives, State superintendent, and supervisory em-
ployees; and (2) all stake-truck operators, tank-truck operators,
warehousemen, stationary engineers, and assistant stationary engi-
neers, but excluding clerical employees, representatives, sales engi-
A The Field Examiner reported that, in Case No 2-R-5521 involving the proposed truck
operators , warehousemen , and stationary engineers ' unit, the Union submitted 18 authoriza-
tion cards of which 10 were dated March 1945 , and 8 were undated ; and that the names
appearing on these cards also appeared on the pay -roll list submitted by the Company
containing the names of 19 employees in the alleged appropriate unit. The Field Examiner
further reported that , in Case No . 2-R-5601 involving the proposed clerical unit, the Union
submitted 8 authorization cards of whi ch 2 were dated March 1945 , and 6 were dated April
1945 ; and that'the names appearing on these cards appeared on the same pay-roll list
containing the names of 10 employees in the alleged appropriate unit.
136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
neers , salesmen, agents, assistant agents, motor inspectors , executives,
State superintendent , and all supervisory employees . The Company
agrees that the unit of truck operators , warehousemen , and stationary
engineers is appropriate ; and it is in general agreement as to the ap-
propriateness of the clerical unit except that it would also exclude
the chief clerk , the representative's clerk, and the clerk for repre-
sentative, whom the Union would include.
The chief clerk: The Company would exclude the chief clerk from
the clerical unit on the ground that he is a supervisor . The-chief
clerk works in conjunction with seven clerical employees . He is re-
sponsible for making assignments to these employees and also super-
vises their work. He has authority,effectively to recommend the hir-
ing, discharging , and disciplining of employees under his supervision.
We find the chief clerk to be a supervisor within our customary
definition , and shall exclude him from the clerical unit.
The representative 's clerk and the clerk for representative: The
Company would exclude these employees from the clerical unit on the
ground that they are confidential employees. The representative's
clerk and the clerk for representative are clerical employees who
have comparable duties. The representative 's clerk works under 'the
zone manager who has charge of all sales and operations for the Com-
pany in 7 bulk plants, including the Albany plant, which comprise
his zone, while the clerk for representative works under the State Man-
ager who has charge of approximately 30 bulk plants , including the
Albany plant, comprising 3 zones in the upper New York area. As
part of their duties the representative's clerk and the clerk for-repre-
sentative type letters, reports , and recommendations , and maintain
files pertaining to labor relations matters for their respective supe-
riors. Neither of them is carried on the Albany bulk plant pay roll
and neither does any routine clerical work for the Albany bulk plant.
Both work in separate offices apart from the other clerical employees.
In view of the foregoing , we are of the opinion that the regular work
of these employees enables them to obtain advance knowledge of the
Company 's position on confidential matters relating to labor rela-
tions: We find them to be confidential employees and, as such, shall
exclude them from the clerical unit.
We find that the following groups of employees , excluding all su-
pervisory employees with authority to hire, promote , discharge, dis-
cipline, or otherwise effect changes in the status of employees, or
effectively recommend such action , constitute separate units appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
(1) All clerical employees at the Company's Albany, New York,
bulk plant , but excluding representatives , the representative 's clerk,
the clerk for representative , salesmen, sales engineers , agents, assist-
THE TEXAS COMPANY 137
ant agents , motor inspectors , the chief clerk, executives , and State
superintendent, and n
(2) All stake -truck operators , tank -truck operators , warehousemen,
stationary engineers , and assistant stationary engineers at the Com-
pany's Albany, New York, bulk plant, but excluding clerical employees,
representatives , sales engineers , salesmen, agents , assistant agents,
motor inspectors , executive , and the State superintendent.2
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the separate appropriate units who were employed during
the pay-roll period immediately preceding the date of the Direction
of Elections herein, subject to the limitations and additions set forth
in the Direction.
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 Re-
lations 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 Texas
Company, Albany, New York, elections by secret ballot shall be con-
ducted 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 Second 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 units 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
any who have since quit or beeii discharged for cause, and have not
been rehired or reinstated prior to the date of the elections, to determine
whether or not they desire to be represented by Chemical Division,
District 50, United Mine Workers of America, for the purposes of
collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Elections.
2 See Matter of Griffin -aoodner Grocery Company, 62 N. L. R. B. 1140.