Cities Service Oil Co.

National Labor Relations Board - Board Decisions

Jul 3, 1942

42 N.L.R.B. 45 (N.L.R.B. 1942)

In the Matter Of CITIES SERVICE OIL COMPANY (PRODUCTION AND
SERVICE DEPT, STATE OF KANSAS ) and OIL WORKERS INTERNATIONAL
UNION, AFFIIIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZA-
TIONS
Case No R-3940 -Decided July 3,1949,
Jurisdiction : oil producing and iefimng industry
Investigation and Certification of Representatives : existence of question Com-
pany refused to giant petitioner iecognition, prior election resulting in a
selection of no baigaining agency held no bar to determination of representa-
ti\ es on petition filed 4 months fi om date of election , election necessary
Unit Appropriate for Collective Bargaining : all field classified employees in the
production division (oil and gas), in the waiehouse, in the machine shop,
and in the motor tianspoitation departments, who work in Kansas, excluding
clerical and technical employees, supeinsoiy employees who have the power
to hie and discharge and supei%isoiy employees who have the power to
iecrnnmend hire and discharge
Mr. I? L Morton, Mr TV. P McGinnis, and Mr F M. Butler, of
Bartlesville, Okla, for the Company.
Mr H C Fremmvng, of Kansas City, Mo, and Mr. A le Kinstley,
of Fort Worth, Tex, for the Union.
Mrs Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
S rATEMENT OF THE CASE
Upon petition duly filed by Oil Workers International Union, affili-
ated with the Congress of Industrial Organizations, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the iepresentation of employees of Cities Service Oil
Company, Bartlesville, Oklahoma, heiein called the Company, the
National Labor Relations Board provided for an appropiiate hearing
upon due notice before Clarence D. Musser, Trial Examiner Said
hearing was held at Kansas City, Missouri, on June 12, 1942. The
Company and the Union appeared and participated I All parties
were afforded full opportunity to be heard, to examine and ci oss-
i International Union of Opetating Enginecis, although served with notice, did not
appear
42N L R B, No 12
45
46 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Cities Service Oil Company has its office and principal place of busi-
ness at Bartlesville, Oklahoma It is extensively engaged in the pro-
duction, refining, and marketing of crude petroleum and petroleum
products In Kansas the Company is engaged in the production and
sale of crude petroleum During the year 1941 the Company pro-
duced and sold petroleum products valued in excess of $2,000,000.
In the course and conduct of its business in Kansas, the Company
uses oil machinery, tools, and equipment, the major part of which is
brought to its places of business in Kansas from points outside Kan-
sas. The major part of the petroleum products produced in Kansas
is sold outside Kansas The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act
II. THE ORGANIZATION INVOLVED
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
On February 5, 1942, the Union, alleging that it represented a
majority of the Company's field employees in Kansas, asked the
Company to recognize the Union as their bargaining agent As a
result of this demand, a consent election was conducted among such
employees from February 10 to 13, 1942, by a Conciliator of the
Department of Labor. The result of the consent election showed 180
votes for, and 191 votes against, the Union On April 7, 1942, the
Union again asserted its claim to represent a majority of the same
employees and asked for recognition as their baiganung agent. Upon
the Company's refusal the Union filed the petition in this proceeding
The Company contends that the Board should not entertain the
Union's petition filed in this proceeding, alleging that too short a time
has elapsed since the February election to justify another election
at this time. The record in this proceeding indicates that the Union
has secured recent authorizations of a substantial number of the
CITIES SERVICE OIL COMPANY 47
Company's employees 2 In the unit which the parties agree is appro-
priate for bargaining We believe that the policies of the Act will
best be effectuated by holding an election without further delay in
order that employees of the Company may obtain the right to bargain
collectively with the Company if they so desire.3
We find that a question affecting commerce has arisen concerning
the iepresentation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IT. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties, that all
field classified employees employed in the production division (oil
and gas), in the warehouse, in the machine shop, and in the motor-
transportation departments who work in Kansas, excluding cleiical
and technical employees, supervisory employees who have the power
to hire and discharge, and supervisory employees who have the power
to recommend hire and discharge, constitute a unit appropiiate 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 repiesentation which
has arisen be resolved by an election by secret ballot among employees
within the appropriate unit who were employed during the pay-roll
peiiod immediately pieceding the date of our Direction of Election,
subject to the limitations and additions set forth therein
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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Cities Service Oil
Company, Bartlesville, Oklahoma, an election by secret ballot shall be
conducted as early as possible but not later than thirty (30) days
The Union submitted to a Field Examiner 216 authorization cards , of which 202 bear
apparently genuine signatures of employees on the pay roll of April 17, 1942 All but 2
of these cards bear dates subsequent to the election concluded on February 13, 1942 There
ai e about 388 employees in the appropriate unit
3 See Matter of Ford A Smith, Blanche F Smith, and William C Shanks , Partners doing
business as Smith Cabinet Manufacturing Company and United Brotherhood of Carpenters d
Joiners, Local No 1699 (AFL), 38 N L R B 957 , and cases cited therein
48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fiom the date of this Direction, under the direction and supeivision
of the Regional Director for the Seventeenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 9, of said Rules and Regulations, among all
employees of the Company within 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 such pay-roll period because they were ill
or on vacation or in the active military service or training of the
United States, or temporarily laid off, but excluding employees who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented by Oil Workers International
Union, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining
In the Matter of CITIES SERVICE OIL COMPANY (PRODUCTION AND SERV-
ICE DEPT, STATE OF KANSAS) and OIL WORKERS INTERNATIONAL
UNION, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-3940
CERTIFICATION OF REPRESENTATIVES
August 4, 1940,
On July 3, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in this proceeding ' Pursuant to
the Direction of Election , an election by secret ballot was conducted
on July 20 and 21, 1942, under the direction and supervision of the
Regional Director for the Seventeenth Region (Kansas City, Mis-
souii ). On July 22 , 1942, the Regional Director , acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued and duly served upon the
parties an Election Report. No objections to the conduct of the ballot
or to the Election Report have been filed by any of the parties
As to the balloting and its results , the Regional Director reported
as follows
Total on eligibility list-------------------------------------- 375
Total ballots cast ------------------------------------------- 339
Total ballotsJeh illenged ------------------------------------- 2
Total blank ballots ------ ------- ----- ----------------------- 0
Total void -ballots------------------------------------------ o
Total valid votes counted------------------------------------ 337
Votes cast for Oil Woikei, Inteinational Union , affiliated with
the C I 0----------------------------------------------- 198
Votes
with
cast against Oil \Voikeis Ii,teinational Union, affiliated
the C I 0------------------------------------------ 139
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,
49 Stat 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Sei ies 2, as amended,
IT IS HEREBY CERTIFIED that Oil Workeis International Union, affil-
iated with the C I 0 , has been designated and selected by a majority
of all field classified employees of Cities Service Oil Company, Bartles-
ville, Oklahoma, employed in the production division (oil and gas),
in the warehouse, in the machine shop, and in the motoi -transportation
'42 N L R B 45
42NT LRB No 12a
4 7 28l 4-4 2-\ o1 42----4 49
50 - CITIES SERVICE COMPANY
departments, who i%ork in Kansas, excluding clerical and technical
employees, supervisory employees who have the power to hire and
discharge, and supervisory employees who have the power to recom-
mend hire and discharge, as their representative for the purposes of
collective bargaining and that, pursuant to Section 9 (a) of the Act,
Oil Workers International Union, affiliated with the C I 0, is the
exclusive representative of all such employees for the puiposes of
collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment
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