The Atlantic Refining Company (atreco Refinery), Emrloyer And Local Union No. 390, International Brotherhood Of Electrical Workers, Afl, Petitioner, 651 (1951)

In the Matter of THE ATLANTIC REFINING COMPANY (ATRECO REFINERY), EMrLOYER and LOCAL UNION No. 390, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, PETITIONER Case No. 39-RC-236.-Decided December 12,1950 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Clifford W. Potter, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.

Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Styles].

Upon the entire record in this case, the Board finds:

  1. The Employer is engaged in commerce within the meaning of the Act.

  2. The labor organizations involved claim to represent certain employees of the Employer.

  3. A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.

  4. The appropriate unit:

Local Union No. 390, International Brotherhood of Electrical Workers, AFL, hereinafter called Electrical Workers, seeks a unit of all electricians and electricians' helpers employed at the Employer's Atreco petroleum refining plant at Port Arthur, Texas. The Employer and the Intervenor, Oil Workers International Union, CIO, hereinafter called Oil Workers, contend that the existing plant-wide unit is the only appropriate unit.

The Employer is a Pennsylvania corporation engaged in the production, refining, and retail distribution of petroleum products. At its Atreco refinery, it is engaged in the production and refining of oil. The operations of this plant are divided into several major divisions, including the utilities division, which is under the supervision of an electrical engineer, and contains the steam, water, gas, and electrical departments. Each department has a separate foreman, who is responsible only to the supervisor of the utilities division.

92 NLRB No. 114.

All the electricians and their helpers are employed in the electrical department and are supervised by the electrical foreman, except for two electricians, who, because they are employed during an irregular shift, are supervised by the foreman of that shift. All the electricians and their helpers are engaged solely in general maintenance and repair of electrical equipment throughout the entire plant. The electrical department is located in a separate shop, where the electricians store their tools and other equipment. The electricians and their helpers normally report to this shop each day to receive their working assignments and have their time cards signed by their foreman. At the end of each workday they report back to the shop to store their equipment and to have their time cards checked.

The electricians and their helpers are designated by the Company as electricians first, second, and third class. Electricians' helpers may be...

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