40 N.L.R.B. 561 (N.L.R.B. 1942)

Arkansas Fuel Oil Co.

National Labor Relations Board - Board DecisionsApr 15, 1942

40 N.L.R.B. 561 (N.L.R.B. 1942)

In the Matter of ARKANSAS FUEL OIL COMPANY and OIL WORKERS INTERNATIONAL UNION, LOCAL 207, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. C4147.-Decided April 15,194 Jurisdiction : oil producing industry.. Settlement : stipulation providing for compliance with the Act. .Remedial-:Orders: entered on stipulation Mr. V. Lee McMahon, of Fort Worth, Tex., for the Board. Mr. Robert Roberts, Jr., and Mr. George K. Gilbert, of Shreveport, La., for the respondent. Mr. R. L. Whitehead, of Longview, Tex., and Mr. C. Md,sengale, of Shreveport, La., for the Union. Cllr. Gerard J. Manacle, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and.amended charges 1 duly filed by Oil Workers International Union, Local 207, affiliated with the Congress of Indus- trial Organizations, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for- the Sixteenth Region (Fort Worth, Texas), issued its complaint dated March 6, 1942, against Arkansas Fuel Oil Company, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce, within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 6, 1942, copies of the complaint, accompanied by a notice of hearing, were duly served upon the respondent and the Union. Concerning the unfair,labor practices, the complaint alleged in sub- stance: (1) that on certain named dates the respondent discharged L. B. Lipsey, B. W. Owens, and A. O. Westbrook, and thereafter i The original charge was filed on August 8, 1941, and amended charges on November 15, 1941 , and January 30, 1942 40 N. L R B, No. 1G0 455771-42-vol 40-36 561 562 DECISIONS OF NATIONAL LABOR- RELATIONS BOARD refused to reinstate them in substantially equivalent employment, but offered and provided them with less desirable employment, because they had joined or assisted the Union, or had engaged in other con- certed activities for the purposes of collective bargaining or other mutual aid or protection; (2) that on August 11, 1941, the respondent discriminated against J. A. Lee by transferring him to less desirable work and locations than were formerly enjoyed by him, and had fur- ther discriminated against him by other acts, because he had joined or assisted the Union, and had engaged in other concerted activities for the purposes of collective bargaining or other mutual aid or pro- tection; (3) that on November 8, 1941, the respondent discharged H. J. Clark, and thereafter refused to reinstated him, because he had joined or assisted the Union, or had engaged in other concerted activi- ties for the purposes of collective bargaining or other mutual aid or protection; and (4) that from on or about June 4, 1941, and there- after, the respondent interfered with, restrained, and coerced its em- ployees in the exercise of rights guaranteed in Section 7 of the Act by urging, persuading,, and warning its employees to refrain from aiding, becoming, or remaining members of the Union, by threatening its employees with discharge and other reprisal's if they became or re- mained members of the Union, and by keeping under` surveillance the activities, meetings, and meeting places of the Union. On March 19, 1942, the respondent filed an answer to the complaint, in which, among other things, it admitted the allegations with respect to its business and denied that it had engaged in unfair labor practices. Pursuant to notice, a hearing was begun at Longview, Texas, on March 19, 1942, before R. N. Denham, the Trial hxaminer duly desig- nated by the Chief Trial Examiner. The Board, the respondent, and the Union were represented by counsel and participated in the hearing. On March 23, 1942, during the course of the" hearing, the respond- ent, the Union, and counsel for the Board entered into a stipulation, subject to the approval of the Board, in settlement of the case. The stipulation provides as follows : It is hereby stipulated and agreed by and between Arkansas Fuel Oil Company, hereinafter referred to, as the Respondent, and V. Lee McMahon, Attorney, National Labor Relations Board, Sixteenth Region, that : I. Upon a charge filed by the Oil Workers International Union, Local 207, hereinafter referred to as the Union, the National Labor Relations Board, hereinafter referred to as the Board, by Edwin A. Elliott, Regional Director for the Sixteenth Region, Fort Worth, Texas, acting pursuant to an authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449, herein- ARKANSAS FUEL OIL COMPANY 563 after referred to as the Act, and acting pursuant to its Rules and Regulations-Series 2, as amended, issued its complaint and notice of hearing on the 6th day of March, 1942, against the Respondent. II. All parties hereto, acknowledge service of the complaint and notice of- hearing, a copy of the charge and all amendments, and all parties hereto acknowledge the service and the filing of the Respondent's answer denying the unfair labor practices alleged in the complaint, and all parties expressly waive their right to further hearing in this cause and all further or other procedure provided by the National Labor Relations Act or the Rules and Regulations of the Board, including the taking of further testi mony, and the findings of fact and conclusions of law in this matter. III. Arkansas Fuel Oil Company is a West Virginia Corpora- tion, being a substantially wholly owned subsidiary of the Arkan- sas Natural Gas Corporation, a Delaware corporation, which in turn is a partially owned subsidiary of the Cities Service Com- pany. The Respondent is, and has been at all times material to the issues in this case, engaged in acquiring and developing oil land, and in the production, refining, transportation, sale, and distribution of petroleum and its related products. The area where the unfair labor practices are alleged to have occurred is known as the East Texas Field, which is divided informally into north and south districts. The Respondent is engaged primarily in the East Texas Field in the production, distribution and trans- portation of petroleum and its related products; the normal pro- duction of petroleum in the East Texas Field is approximately 6600 barrels per. day; of this production in, excess of 50 per cent is delivered to the Arkansas Pipe Line Corporation; the Arkan- sas Pipe Line Corporation consists of a main line together with feed lines, and the main line starts at points in Texas and its ultimate destination is in Shreveport, Louisiana, the terminus of the pipe line being at the refinery of the Arkansas Fuel Oil Company located at Bossier City, Louisiana. The refinery at Bossier City has a capacity of approximately 25,000 barrels per day and the products of this refinery are sold in all Southern States, including Kentucky,, but excluding Oklahoma. The pe- troleum of the East Texas Field hereinabove referred to is com- mingled with other petroleum in the Arkansas Pipe Line Corpo- ration's lines and its identity, is lost so that the petroleum from this East Texas area cannot be; traced in and through the Respond- ent's refinery. IV. Respondent admits that it is engaged in interstate com- merce within the meaning of the National Labor Relations Act. 564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. Irrespective of the record heretofore made in this proceed- ing, the following papers and instruments may be filed with the Chief Trial Examiner of the National Labor Relations Board in Washington, D. C., and when said papers have been so filed they shall constitute the entire record herein : (a) The second amended charge; (b) The Complaint and notice of hearing; (c) Respondent's answer; (d) The official transcript; (e) This stipulation. VI. It is further stipulated that upon the entire record in this case as set forth in paragraph V hereof an order may be forth- with entered by the Board providing as follows : The Respondent, Arkansas Fuel Oil Company, its officers and agents, 1. Shall refrain from : ,(a) Discouraging membership in the Oil Workers Interna- tional Union, Local 207, or any other labor organization of its employees by discharging, laying off or refusing to reinstate em- ployees, or by threatening to discharge or lay off any of its em- ployees, or in any other manner discriminating in regard to their hire or tenure of employment, or any term or condition of employment; (b) In any other manner interfering with, restraining or coerc- ing its employees in the exercise of their right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the Act. 2. Shall take the following affirmative action which will effec- tuate the policies of the Act: (a) Offer to reinstate A. O. Westbrook to his former employ- ment or substantially equivalent employment, to-wit: A job car- ried on the Company's payrolls as "switcher" in its production field at Olla, Louisiana; put A. O. Westbrook on the preferential hiring or transfer list for any vacancy of a "switcher" job in the East Texas Production Field of the company so that employment will be offered him there in the future at a time when a vacancy exists, and all switchers on the company's payroll in the East Texas Field as of March 29, 1942, have first been offered the vacancy, as well as Sam, Naught and W. H. Little; restore to said A. O. Westbrook all rights and privileges to which he was en- titled on the 27th day of October, 1941; ARKANSAS FUEL OIL COMPANY 565 (b) Offer to J. A. Lee reinstatement to his former position or substantially equivalent employment as a "switcher" in the East Texas Field ; restore to said J. A. Lee all rights and privileges to which he was entitled on the 10th day of August, 1941; (c) Offer to Luther B. Lipsey his former employment or sub- stantially equivalent employment as a "switcher" in the East Texas Field; restore to said Luther B. Lipsey all rights and priv- ileges to which he was entitled on the 10th day of August, 1941; (d) Offer to H. J. Clark substantially equivalent employment, namely, a job as "switcber" in the Production Field known as the Hardin Field in Liberty County, Texas ; restore to the said H. J. Clark all rights and privileges to which he was entitled on the 1st day of November, 1941; (e) Make whole A. O. Westbrook, J. A. Lee, Luther B. Lipsey and H. J. Clark by payment to them the sums as hereinafter set out: A. 0. Westbrook------------------------------------ $644.48 J. A. Lee------------------------------------------ 363 25 Luther B Lipsey----------------------------------- 394 75 H J Clark---------------------------------------- 628 85 (f) Post immediately, in conspicuous places throughout its East Texas Oil Production District, both in the northern and southern districts, and maintain for a period of at least sixty (60) consecutive days, the following notice: Notice to All Employees of Arkansas Fuel Oil Company in the East Texas Production District This notice is posted pursuant to an order entered by the Na- tional Labor Relations Board, based upon an agreed settlement stipulation dated the 23rd day of March, 1942. Arkansas Fuel Oil Company agrees that it will : 1. Refrain from (a) Discouraging membership in the Oil Workers Interna- tional Union, Local 207, or any other labor organization of its employees by discharging, laying off or refusing to.reinstate em- ployees, or by threatening to discharge or lay off any of its employees, or in any other manner discriminating in regard to their hire or tenure of employment, or any term or condition of employment ; (b) In any other manner interfering with, restraining or co- ercing its employees in the exercise of their right to self-organiza- tion, to form, join or assist labor organizations, to bargain collec- tively through representatives of their own choosing, and to en- gage in concerted activities for the purpose of collective bargaining 566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD or other mutual aid or protection as guaranteed in Section 7 of the Act. II. Shall take the following affirmative action ' ivhich will effec- tuate the policies of the Act : (a) Offer to reinstate A. O. Westbrook to his former employ- ment or substantially equivalent employment, to-wit: A job car- ried on the company's payrolls as "switcher" in its production field at Olla, Louisiana; put A. O. Westbrook on the preferential hiring or transfer list for any vacancy of a "switcher" job in the East Texas Production Field of the company so that employment will be offered him there in the future at a time when a vacancy exists, and all switchers on the company's payroll in ,the East Texas Field as of March 29, 1942, have first been offered the va- cancy, as well as Sam Haught and W. H. Little; restore to said A. O. Westbrook all rights and privileges to which he was entitled on the 27th day of October, 1941; (b) Offer to J. A. Lee reinstatement to his former position or substantially equivalent employment as a "switcher" in the East Texas Field; restore to said J. A. Lee all rights and privileges to which he was entitled on the 10th day of August, 1941; (c) Offer to Luther B.,Lipsey his former employment or sub- stantially equivalent employment as a "switcher" in the East Texas Field; restore to said Luther •B. Lipsey all rights and privi- leges to which he was entitled on the 10th day of August, 1941; (d) Offer to H. J. Clark substantially equivalent employment, namely, a job as "switcher" in its Production Field known as the Hardin Field, in Liberty County, Texas; restore to the said H. J. Clark all rights and privileges to which he was entitled on the 1st day of November, 1941; (e) Make whole A. O. Westbrook, J. A. Lee, Luther B. Lipsey and H. J. Clark by payment to them the sums as hereinafter set out : A. 0 Westbrook----------------------------------- $644 48 J. A. Lee------'----------------------------------- 363.25 Luther B. Lipsey----------------------------------- 394.75 H J. Clark---------------------------------------- 628 85 All foremen and supervisory employees are directed to take notice of the above directions and to use diligence to see that the contents are carefully followed; and all foremen and supervisory employees of the company are hereby instructed that they must not in any way interfere with the rights of the employees as set out in paragraph I (b). The employees of Arkansas Fuel Oil Company are free to become or remain members of Oil Workers International Union, Local 207, or any other labor organization. ARKANSAS FUEL OIL COMPANY 567 The company will post immediately, maintain and keep visible for a period of at least sixty (60) consecutive days from the date of posting copies of this notice on the bulletin boards and other conspicuous places in its East Texas Oil Production District. ARKANSAS FUEL OIL COMPANY, By A. H. WEYLAND, General Superintendent. Dated: ---------------------------------- (g) Notify the Regional Director for the Sixteenth Region in writing within ten (10) days from the date of this order what steps the Respondent has taken to comply herewith. The Board hereby orders that the relief sought by the, com- plaint as to W. B. Owens is hereby denied. VII. It is further stipulated and agreed that the United States Circuit Court of Appeals for the Fifth Circuit may upon applica- tion by the Board enter its decree enforcing the order of the Board in the form above set out. The Respondent waives its right to contest the entry of such decree and its right to receive notice of the filing of an application for the entry of such decree, provided the Board furnishes the Respondent at its Shreveport, Louisiana, offices, a copy of the application when filed. The Board shall immediately make application for said consent decree. IX. It is understood and agreed that this stipulation embodies the entire agreement between the parties and there is no verbal agreement of any kind which varies, alters or adds to this stipulation. X. This stipulation shall be of no force and effect unless and until approved by the Board. On March 30, 1942, the Board issued an order approving the stipu- 'lation, making it a part of the record, and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations- Series 2, as amended, transferred the proceeding to the Board for the purpose of entry of a decision ' and order pursuant to the provisions of the stipulation. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The respondent, a West Virginia corporation having its principal office and place of business at Shreveport, Louisiana, is engaged in 568 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD acquiring and developing oil lands, and in the production, refining, transportation, sale, and distribution of petroleum and its related products. Part of the respondent's operations are carried on in an area in and about the cities of Longview and Kilgore, Texas, known as the East Texas Field, where the unfair labor practices herein involved are alleged to have occurred. The respondent produces approximately 6,600 barrels of oil a day in the East Texas Field, over 50 percent of which is transported by pipe lines, wherein it is commingled with petroleum produced at other places, to the respondent's refinery at Bossier City, Louisiana. The Bossier City refinery has a capacity of approximately 25,000 barrels a day, and its products are sold in all Southern States, except Oklahoma. As set forth in the stipulation above, the respondent concedes that it is engaged in interstate com- merce within the meaning of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact and stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Arkansas Fuel Oil Company, its officers and agents : 1. Shall refrain from : (a) Discouraging membership in the Oil Workers International Union, Local 207, or any other labor organization of its employees by discharging, laying off or refusing to reinstate employees, or by threat- ening to discharge or lay off any of its employees, or in any other manner discriminating in regard to their hire or tenure of employment, or any term or condition of employment; (b) In any other manner interfering with, restraining or coercing its employees in the exercise of their right to self-organization, to form, i join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the Act. 2. `Shall take the following affirmative action which will effectuate the policies of the Act: . (a) Offer to reinstate A. O. Westbrook to his former employment or substantially equivalent employment, to-wit: A job carried on the company's payrolls as "switcher" in its production field at Olla, Louisiana; put A. O. Westbrook on the preferential hiring or transfer list for any vacancy of a "switcher" job in the East Texas Production Field of the company so that employment will be offered him there in the future at a time when a vacancy exists, and all switchers on ARKANSAS FUEL OIL COMPANY 569 the company's payroll in the East Texas Field as of March 29, 1942, have first been offered the vacancy, as well as Sam Haught and W. H. Little; restore to said A. O. Westbrook all rights and privileges to which,he°,wasrentitled on-the-27th. day of October, 1941; (b) Offer to J. A. Lee reinstatement to. his former position or sub- stantially equivalent employment as a "switcher" in the East Texas Field; restore to said J. A. Lee all rights, and privileges to which he was entitled on the 10th day of August, 1941; (c) Offer to Luther B. Lipsey his former employment or substan- tially equivalent employment as a "switcher" in the East Texas Field ; restore to said Luther B. Lipsey all rights and privileges to which he was entitled on the 10th day of August, 1941; (d) Offer to H. J. Clark substantially equivalent employment, namely, a job as "switches" in its Production Field known as the Hardin Field in Liberty County, Texas ; restore to the said H. J. Clark all rights and privileges to which; he was entitled on the 1st day of November, 1941; (e) Make whole A. O. Westbrook, J. A. Lee, Luther B. Lipsey and H. J. Clark by payment to them the sums as hereinafter set out: A. 0 Westbrook_________________________________________ $ 644 48 J. A. Lee----------------------------------------------- 363 25 Luther B. Lipsey--------------------------------------- 394.75 H. J. Clark--------------------------------------------- 628 85 (f) Post immediately, in conspicuous places throughout its East Texas Oil Production District, both in the northern and southern districts, and maintain for a period of at least sixty (60) consecutive days, the following notice : Notice to All Employees of Arkansas Fuel Oil Company in the East Texas Production District This notice is posted pursuant to an order entered by the National Labor Relations Board, based upon an agreed settle- ment stipulation dated the 23rd day of March, 1942. Arkansas Fuel Oil Company agrees that it will : 1. Refrain from (a) Discouraging membership in the Oil Workers Interna-' tional Union, Local 207, or any other labor organization of its employees by discharging , laying off or refusing to reinstate em- ployees, or by threatening to discharge or lay off any of its employees, or in any other manner discriminating in regard to their hire or tenure of employment , or any term or condition of employment ; (b) In any other manner interfering with, restraining or co- ercing its employees in the exercise of their right to self-organi- i 570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD zation, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bar- gaining or 'other mutual aid or protection as guaranteed in Section 7 of the Act. II. Shall take the following affirmative action which will effec- tuate the policies of the Act: (a) Offer to reinstate A. O. Westbrook to his former employ- ment or substantially equivalent employment, to-wit : A job car- ried on the company's payrolls as "switcher" in its production field at Olla, Louisiana; put A. O. Westbrook on the preferential hiring; or transfer list for any vacancy of a "switcher" job in the East Texas Production Field of the company so that employment will be offered him there in the future at a time when a vacancy exists, and all switchers on the company's payroll in the East Texas Field as of March 29, 1942, have first been offered the vacancy, as well as Sam Haught and W. H. Little ; restore to said A. O. Westbrook all rights and privileges to which he was entitled on the 27th day of October, 1941; (b) Offer to J. A. Lee reinstatement to his former position or substantially equivalent employment as a "switcher" in the East Texas Field; restore to said J. A. Lee all rights and priv- ileges to which he was entitled on the 10th day of August, 1941; (c) Offer to Luther B. Lipsey his former employment or sub- stantially equivalent employment as a "switcher" in the East Texas Field; restore to said Luther B. Lipsey all rights and priv- ileges to which he was entitled on the 10th day of August, 1941; (d) Offer to H. J. Clark substantially equivalent employment, namely, a job as "switcher" in its Production Field known as the Hardin Field in Liberty County, Texas; restore to the said H. J. Clark all rights and privileges to which he was entitled on the 1st day of November, 1941; (e) Make whole A. O. Westbrook, J. A. Lee, Luther B. Lipsey and H. J. Clark by payment to them the sums as hereinafter set out : A. 0 Westbrook----------------------------------- $644.48 J. A. Lee------------------------------------------ 363 25 Luther,B. Lipsey---------------------------------- 394.75 H J. Clark---------------------------------------- 628.85 All foremen and supervisory employees are directed to take notice of the above directions and to use diligence to see that the contents are carefully followed ; and all foremen and supervisory employees of the company are hereby instructed that they must not in any way interfere with the rights of the employees as set out in paragraph I (b). ARKANSAS FUEL OIL COMPANY 571 The employees of Arkansas Fuel Oil Company are free to become or remain members of Oil Workers International Union, Local 207, or any other labor organization. The company will post immediately, maintain and keep visible for a period of at least sixty (60) consecutive days from the date of posting copies of this notice on the bulletin boards'and other conspicuous places in its East Texas Oil Production District. ARSANSAB FUEL OIL COMPANY, By A. H. WEYLAND, General Superintendent. Dated: -------------------- s * *, * * ** (g) Notify the Regional Director for the Sixteenth Region in writing within ten (10) days from the date of this order what steps the Respondent has taken to comply herewith. AND IT IS FURTHER ORDERED that the allegations of the complaint that the respondent discriminated against W. B. Owens be, and they hereby are, dismissed.