Big Lake Oil Co.

National Labor Relations Board - Board Decisions

Oct 5, 1943

52 N.L.R.B. 1188 (N.L.R.B. 1943)

In the Matter of BIG LAKE OIL COMPANY and INTERNATIONAL UNION
OF OPERATING ENGINEERS, LOOAL No. 709, A. F. OF L.
Case No. 16-B-692.-Decided October 5, 194i
Mr. Robert T. Neill, of San Angelo, Tex., for the Company.
Mr. Arvil Inge, of Ft. Worth, Tex., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union of Operating En-
gineers , Local No. 709, A. F. of L., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Big Lake Oil Company, Texon, Texas,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Robert F.
Proctor, Trial Examiner. Said hearing was held at Big Lake, Texas,
on September 7, 1943. The Company and the Union appeared, partic-
ipated, and 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 prejudicial error and are hereby affirmed. All parties
were afforded 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
Big Lake Oil Company is a Delaware corporation with its prin-
cipal place of business at Texon, Texas, where it is engaged in the
production of crude petroleum and the manufacture of casing-head
gasoline obtained from oil and gas leases upon land owned by the
University of Texas. During 1942 the Company purchased raw
materials valued at about $440,000, over 50 percent of which was
52 N. L. R. B., No. 195.
1188
BIG LAKE OIL COMPANY 1189
shipped to it from points outside the State of Texas. During the
same period the Company produced approximately 1,515,000 barrels
of petroleum. All petroleum is delivered to a pipe line near the
Company's premises and in turn transported to Humble Oil and
Refining Company. In addition, the Company produces about 200,-
400 gallons of casing-head gasoline monthly, all of which is delivered
to Republic Oil Refining Company at Texas City, Texas.
II. THE ORGANIZATION INVOLVED
International Union of Operating Engineers, Local No. 709, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During July 1943 the Union requested the Company to recognize
it as exclusive collective bargaining representative of the Company's
employees at Texon. The Company refused this request until such
time as the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union urges that all employees in the gasoline plant, power
plant, and production departments of the Company at Texon, ex-
cluding supervisory, administrative, clerical, and technical employees,
chief engineer, chief gauger, farm boss, head machinist, and rig
building foreman, constitute an appropriate unit. The parties are in
dispute with respect to several classes of employees, discussed below.
Texon, Texas; is a company-owned town and the Company operates
a theatre, hospital, and camp therein. The Company urges that all
theatre, hospital, and camp employees be included in the unit, while
the Union requests that they be excluded. Inasmuch as the em-
ployees in dispute do not perform any production duties and their
duties and working conditions are dissimilar to those of the employees
I The Field Examiner reported that the Union presented 73 authorization cards bearing
apparently genuine signatures of persons whose names appear on the Company 's pay roll
of August 15, 1943. There are approximately 133 employees in the appropriate unit.
1190 DECISIONS OF NATIONAL LABOR RELATION 'S BOARD
admittedly in the unit, we shall exclude the theatre, hospital, and
camp employees from the unit.
The Union would exclude the employees in the clerical departments
from the unit, while the Company would include them . Since no
affirmative showing has been made nor any compelling arguments
advanced as to why we should depart from our usual practice of
excluding office and clerical employees from a unit largely composed
of production and maintenance employees , we shall exclude the em-'
ployees in the clerical departments from the unit.
The Company employs persons classified by it as gang pushers.
The Company would exclude them from the unit while the Union
would include them. Each of the gang pushers has three employees
under him and has the authority to recommend the hire or discharge
of his subordinates . We find that gang pushers are supervisory em-
ployees and , as such, we shall exclude them from the unit. '
The Company employs one person classified as a warehouse fore-
man. The warehouse foreman keeps the warehouse , in order and
receives and disburses materials . The Union would exclude him
from the unit while the Company would include him. The ware-
house foreman is the only employee working in the warehouse and
does not have any employees working under or with him at any
time. Under the circumstances , we shall include him in the unit.
The Company maintains a garage for the repair and maintenance
of its transportation facilities . The garage foreman is in charge
of the garage and the mechanics working therein . The Union
would include him while the Company would exclude him. Inas-
much as the garage foreman is the highest supervisory employee in
the garage , we shall exclude him from the unit.
The Company has an employee classified as a material yardman
who is charged with the duty and responsibility of keeping the
materials in the Company's yard in an orderly manner . The Union
would exclude him from the unit while the Company would include
him. The material yardman performs manual work and keeps some
clerical records. He has no employees under his direction. Ac-
cordingly , we shall include him in the unit.-
The Company employs one watchman and one camp officer. The
Union would exclude them from the unit while the Company would
include them . The-watchman and camp officer are armed, and the
watchman is a constable elected by voters of the precinct while the
camp officer is a Texas Ranger. In accordance with our usual prac-
tice of excluding armed guards from the unit, we shall exclude the
watchman and camp officer.
BIG} LAKE OIL COMPANY 1191
The Company would include the timekeeper in the unit while the
Union would exclude him. The timekeeper keeps the time of the
employees working in the field and turns in records to the office.
Inasmuch as the duties of the timekeeper are clerical in nature,
we shall exclude him from the unit.
We find that all employees in the gasoline plant, power plant, and
production departments of the Company at Texon, Texas, including
the warehouse foreman and material yardman, but excluding admin-
istrative and technical employees, employees in the theatre, hospital,
and camp departments, employees in the clerical departments, watch-
man, camp officer, timekeeper, gang pushers, garage foreman, chief
engineer, chief gauger, farm boss, head machinist, rig building fore-
man, and any other supervisory employees with authority to hire,
promote, discipline, discharge; 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 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.
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 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Big Lake
Oil Company, Texon, 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 sub-
ject to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
1192 DECISIONS OF NATIONAL LABOR REILATIONS BOARD
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 been discharged
for cause, to determine whether or not they desire to be represented
by International Union of Operating Engineers, Local No. 709, af-
filiated with the American Federation of Labor, for the purposes of
collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.