Consolidated Gas Utilities Corp.

National Labor Relations Board - Board Decisions

Apr 28, 1947

73 N.L.R.B. 636 (N.L.R.B. 1947)

In the Matter of CONSOLIDATED GAS UTILITIES CORPORATION, EMPLOYER
and OIL WORKERS INTERNATIONAL UNION, CIO, PETITIONER
Case No. 16-R-1897.-Decided April 28, 1947
Messrs. Conrad C. Mount and E. C. Joullian, both of Oklahoma
City, Okla., for the Employer.
Mr. C. M. Massengale, of Tulsa, Okla., for the Petitioner.
Mr. Sydney S. Asher, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Okla-
homa City, Oklahoma, on November 13 and 14, 1946, before V. Lee
McMahon, hearing officer. The hearing officer's rulings-made at the,
hearing are free from prejudicial error and are hereby affirmed. At
the hearing, the Employer moved to dismiss the petition on the grounds
that (1) certain employees involved herein are not engaged in inter-
state commerce and, therefore, the Board is without jurisdiction as
to them ;" (2) the Petitioner has not shown that it has substantial repre-
sentation among employees in the unit which it alleges to be appro-
priate; and (3) the unit sought by the Petitioner is inappropriate.
For reasons stated in Section I, III, and IV, below, the motion is
hereby denied.
Upon the entire record in the case, the National Labor Relations
Board-makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF TILE EMPLOYER
Consolidated Gas Utilities Corporation, a Delaware corporation
with its principal office in Oklahoma City, Oklahoma, is engaged,in
the production, purchase, distribution, transmission and sale of natural'
gas. The Employer is licensed to do business in the States of Texas,
Oklahoma, and Kansas.- It buys or produces gas in all three States,
sells gas in all three States, and transports some gas from Texas to
Oklahoma and Kansas, and from Oklahoma to Kansas. The main
73 N. I. R. B, No. 121.
636
CONSOLIDATED GAS UTILITIES CORPORATION 637.
pipe line runs- from Wheeler County, Texas, through Oklahoma to
Lyons County, Kansas. A second pipe line runs from Lawton to
Duncan, Oklahoma. Some gas from this 'latter line is sold- to Cities
Service Gas Company, an interstate line. A third pipe line runs
between Neodesha and Humbolt, Kansas. Some gas for this line is.
purchased from Cities Service Gas Company. The fourth pipe line
extends from Sayre to Altus, Oklahoma. All gas on this line is pro-
duced and sold within the State of Oklahoma. This line services,
among other customers, the Rock Island Railroad, an interstate car-
rier, and the United States Post Office. In addition to the four pipe
lines, the Employer operates distribution systems at Cushing, Okla-
homa, and Hominy, Oklahoma. All the gas distributed in Cushing
and Hominy is produced within the State. None of the pipe lines
or distribution systems is interconnected.
During the year ending July 30, 1946, the Employer produced or
purchased gas exceeding $962,000 in value and sold gas exceeding
$3,900,000 in value. The Texas-Kansas line accounted for approxi-
mately $285,000 of the production and purchases, and approximately
$2,300,000 of the sales ; the Lawton-Duncan line for approximately
$444,000 of the production and purchases, and approximately $1,000,-
000 of the sales; the Neodesha-Humbolt line for approximately $118,-
000 of the production and purchases, and approximately $210,000 of
the sales; the Sayre-Altus line for approximately $50,000 of the pro-
duction and purchases, and approximately $240,000 of the sales; the
Cushing operations for approximately $41,000 of the production and
purchases, and approximately $100,000 of the sales; and the Hominy
operations for approximately $24,000 of the production and purchases,
and approximately $50,000 of the sales. ,
The Employer, while admitting that the Tetras-Kansas line, the
Lawton-Duncan line and the Neodesha-Humbolt line are engaged in
commerce within the meaning of the Act, maintains that the Sayre-
Altus line and the distribution systems at Cushing and Hominy are
not engaged in,commerce.2 It contends, therefore, that the Board
has no jurisdiction over the employees 'employed on the latter oper-
ations. We do not agree. All the pipe lines and distribution systems
are owned and operated by the Employer. The entire business is
unitary m character.3 which has resulted in the Petitioner's organizing
the employees of all the pipe lines and distribution systems in a single
unit. It is clear that wage controversies in.any pipe-line or distribu-
tion system will have repercussions in other pipe lines or distribution
systems of the Employer.
i Matter of Cities Service Gas Co , 41 N. L R B. 648
2 The operations which the Employer admits are in interstate commerce accounted for
more than 88 percent of the Employer's,Ourchases and production of gas, and almost 90
percent of the sales
3 See Section IV, below.
638 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Contrary to the contention of the Employer, we find thaf it is en-
gaged in commerce within the meaning of the National Labor Rela-
tions Act as to all its operations 4 -
II. THE ORGANIZATION INVOLVED
The Petitioner -is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer. -
III. THE QUESTION CONCERNING REPRESENTATION -
The Employer refuses to "recognize the Petitioner as the exclusive -
bargaining representative of employees of the Employer until the
Petitioner has, been certified by the Board in an appropriate unit. -
The Employer maintains that no question concerning representa-
tion has arisen inasmuch as the Petitioner has made no showing of
substantial representation among the employees involved herein. We
are satisfied, however; that the Petitioner's showing of interest, which
was submitted to the Board for administrative reasons, Js adequate.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
A. The contentions of the parties -
The Petitioner desires a unit of all production, transmission, dis-
tribution- and maintenance employees of the Employer; except for'
technical, clerical, sales and supervisory employees. The Employer,
on the other hand, requests separate units for the employees of each
of its five divisions, and a sixth unit composed of its compressor sta-
tion employees. The parties stiliulated that job classifications listed
in Appendix A, attached hereto, should be included' within whatever
unit or units the Board found to be appropriate. They further agreed
that the technical, clerical, sales and supervisory job classifications
listed-in Appendix B, attached hereto, should be excluded from the
appropriate unit or units. They failed to agree, however, as to the
inclusion -or exclusion of foremen, production foremen, transmission
foremen, -distribution foremen, subforemen, production subforemen,
transmission subforeinen, distribution subforemen, distribution super-
visors and orifice meter inspectors.
4 See Virginia Plectiic and'Power Company v N L R B, 115 F (2d) 414 (C C A 4),
reversed on other grounds 314 IT S 469, N. L R. B. v. Schmidt Baking Co., Inc ; 122 F.
(2d) 162 (C C A 4) ; Hearst Pubhcat'on Tnrornorated v. N'L R B, 136 F (2c1) 608
(C C. A. 9 ), reversed on other grounds 322 U. S. 111.
CONSOLIDATED GAS UTILITIES CORPORATION 639
B. The extent of the unit
Since 1928, the Employer has divided its-operations into five geo-
graphical divisions_ which do not necessarily coincide with the pipe
line systems.' These divisions are contiguous. The distance from
one extreme end of the Employer's operations to the other is ap-
proximately 400 miles, as compared with 182 miles from border -to
border of the largest of the divisions.
Each division is headed by a division manager who is responsible to
the Employer's general officers at the main office. The division man-
agers meet monthly in Oklahoma City to discuss the Employer's
affairs. A division, manager has authority to hire, promote and
discharge the -employees under him and to control working hours
in his division. The number of holidays granted employees is de-
termined at the main office and is uniform throughout the Employer's
operations, but-the policy as to sick leave is determined by each di-
vision manager with respect to the employees in his division. Salary
brackets for each job classification are promulgated by the Employer,
and the division manager must conform to the established minima
and maxima in determining the wages of the employees under him.
Grievances are settled within the division in which they arise, if
possible; otherwise they are settled by the Employer's president.
Any employee has the right to go over the head of his division man-
ager and appeal to the Employer's general officers if he is dissatisfied
,with the division manager's decision. Personnel records are main-
tained at both the Employer's main office and the division office. Pay
rolls are prepared in the division office, but salary checks for the em-
ployees of all but one of the divisions s are issued from the central
office in Oklahoma City. All inventories and purchases are coordi-
nated through the Employer's central office.
The main pipe line runs continuously for a ' distance , of approxi-
mately 347 miles through three different divisions. It pipes gas from
the wells in Texas to various points along the line. Movements of gas
and pressure are 'controlled from the central dispatching office in
Blackwell, Oklahoma. As gas is needed for increasing the load in a
city, the Employer's local representative in that city calls for more
gas. Thus, if the Wichita office should call for a large amount'of gas,
this would affect operations all along the line between Texas and
Kansas.
The Wichita Division contains part of the Texas-Kansas pipe line, the Northern Divi-
sion contains part of the Texas-Kansas pipe line plus the Hominy and Cushing distribution
systems , the Western Division contains part of the Texas-Kansas pipe.Iine plus the entire
Altus-Sayre pipe line ; the Southein Division contains the Lawton -Duncan pipe line , and
the Neodesha Division contains the Neodesha -Humbolt pipe line.
6 The checks for the employees in the Wichita Division are issued from the Wichita office
739926-47-vol. 73-42
640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer's system of pipe" lines includes 10 compressor sta-
tions, which are located along the Texas-Kansas and Neodesha-Hum-
bolt pipe lines. The functions of these stations is to increase the line
capacity and deliver more gas. They form an integral part of-the
pipe line, and trouble in any compressor station would curtail deliver-
ies of gas to consumers. Division managers have no jurisdiction over
compressor stations within their territory. Each compressor station
is in charge of a Chief Engineer, who reports directly to the' Head
Engineer at the central office in Oklahoma City.
The Employer contends that a system-wide unit would be inappro-
priate because the employees are scattered over a wide area and lack
effective means of discussion. However, the argument is-inconsistent
with the Employer's expressed desire to group all compressor station
employees in a single unit, inasmuch as the compressor station em-
ployees are similarly scattered over a wide area.
The Employer has had no past history of collective bargaining with
any labor organization. The record discloses that the Petitioner has
extended its organizational activities throughout the Employer's
system and seeks to represent all the employees in a system-wide unit.
In view of this fact, and in view of the integrated nature of the Em-
ployer's operations, Ave find that a system-wide unit,is appropriate for
the purposes of collective bargaining.7
,C. Specific disputed work categories ,
Production f oreinen are in charge of crews of approximately five
men who lay, repair and maintain lines in the field, gauge wells, and
perform similar functions. They,have authority to hire, discharge
and assign duties to the men under them. We are.of the opinion that
production foremen are supervisory employees within our usual
definition, and, we shall, therefore, exclude them from the unit.
Transmission foremen supervise crews of,from three to six men who
are engaged in laying and maintaining pipe lines over the transmission
system: Transmission foremen are under the supervision of the dis-
trict superintendent," and occasionally substitute for hifn in his
absence; they also act as contact men between the Employer. ;and
industrial consumers in the field. They have authority to hire and
7 Matter of Houston Pipe L ine Company , 28 N L R B 301
In support of its position , the Employer ' s counsel cited Matter of Tear Emergency Pape-
lines, Inc . 60 N L It B 69 and 56 N L R B 64 Mattel of United Gas Pipe Line Com-
pany. 59 N L R B 1438 , Matter of Tealaoma Natural Gas Company , 40 N L R B 1193;
and Matter of Cities Service Gas Co , 41 N ,-L R R 648 In none of these cases, however,
had the petitioning labor organization organized the employees on a system -wile basis
8riistiict superintendents are in charge of distilets ( subdivisions of divisions) and are
responsible to then r espective diiisbon managers
CONSOLIDATED GAS UTILITIES CORPORATION 641
discharge employee's working under them. We shall exclude trans-
mission foremen from the unit as supervisory employees.
Distribution foremen are in charge of crews of 3 to 10 men, en-
gaged in laying,lines, setting large meter installations, running
service, and related operations. - They are empowered to hire and
discharge the employees under them. We find that distribution
foremen are supervisory employees within our customary definition.
Accordingly, we shall exclude them from the unit.
Production subforemen in the Northern Division are directly
under the supervision of the- district superintendents, inasmuch as
there are no production foremen in that division. Production sub-
foremen supervise groups of well tenders who blow traps; turn gas
on and off, change charts, gauge gasoline, and perform other in-
cidental tasks in the field. Production subforemen assign duties
to the workers under them, effectively recommend hiring, promoting
and discharging, and have authority to hire and discharge the men
under them in extreme cases. We are of the opinion that production
subforemen in ' the Northern Division are supervisory employees,
and we shall'exclude them from the unit. In the Western Division,
on the other hand, production subforemen are under the supervision
of production foremen. -They repair leaks, paint structures around'
the wells, clean up around the gate boxes and turn the wells on- or
off in the absence of the regular well tenders. On rare occasions,
estimated at less than 10 percent of their time, subforemen act as
"straw bosses" in the absence of their foremen. Whether or not a
particular subforeman, during the absence of his foreman, has au-
thority to hire, discharge or discipline the men in his crew de-
pends, in each case, on the specific authority delegated to him by
his foreman. The division manager of that division knew of no in-
stance in which a production subforeman had ever hired or dis-
charged one of his crew. We find that production subforemen in
the Western Division are not supervisory employees. Accordingly,
we shall include them in the unit. No evidence was introduced as
to the duties or authority of production subforemen in the other
three divisions of the Employer's system; consequently, we shall
make no determination at this time with respect to their inclusion
in or exclusion from the unit.
Transiaission sub foremen in the WWTestern Division are under the
immediate supervision of transmission foremen. Their duties and
authority are similar to that of production subforemen in that di-
vision, except that transmission subforemen act in a supervisory
capacity. more frequently than do production subforemen. In view
642 DECISIONS OF NATIONAL'LABOR RELATIONS BOARD
of our' finding with respect to production subforemen in the West-
ern Division, we find-that'. transmission subforemen in that division
are non-supervisory employees, and we shall,'therefore, include them
in the unit. However, we shall not at this time make any deter-
mination with respect to the inclusion or exclusion of transmission
subforemen in the other four divisions.
Distribution supervisors supervise approximately three employees,
who are either laborers or clerical employees. Distribution super-
visors are the Employer's representatives in the towns in which they,
work, and are charged with maintaining the Employer's public re-
lations. The Employer requires them to join local civic groups and
pays their dues as members of such organizations. They, are sal-
aried, are in charge of the Employer's office in their town, and are
authorized, to hire and discharge the employees working under them.
We are of the opinion that distribution supervisors are supervisory
employees. Accordingly, we'shall exclude them from the unit.
Orifice meter inspectors test and "calibrate orifice meters, change
the plates in the meters, calculate orifice meter charts and flows,
estimate'the size of the necessary plates, look after the temperature
and pressure control instruments and install gauges. The Petitioner
desires orifice meter inspectors in the unit, while the Employer takes
no position with respect to their inclusion or exclusion. The orifice
meter inspectors appear to be skilled mechanics who have a com-
munity of interests with other skilled mechanics. We shall include
them in the unit. - - - -
We shall make no determination at this time as to the inclusion or
exclusion of foremen, subforemen or distribution subforenen, inas-
much as the record does not contain sufficient evidence on which such
determinations can be based.
- D. Concl'usions
We find that all production, transmission, distribution, and main-
tenance employees of the Employer,' including all employees in the
classifications listed in Appendix A, attached hereto, compressor sta-
tion employees and orifice meter inspectors; but excluding all employees
-in the classifications listed in Appendix B, attached hereto, production
foremen, transmission foremen, distribution foremen, distribution
supervisors, and all other supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action," constitute
9Including production 'subforemen and transmission subforeinen in the western Division.
10 Including production subforemen in the Northern Division.
CONSOLIDATED GAS UTILITIES CORPORATION' 643
a unit appropriate for the purposes of collective' bargaining within
the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of ,the investigation to ascertain representatives for the pur-
poses of collective bargaining with Consolidated Gas Utilities Corpo-
ration, Oklahoma City, Oklahoma, an election by secret ballot shall be
conducted as early as possible, but it 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 subject to Sections
203.55 and 203.56, of National Labor Relations Board Rules and Regu-
lations-Series 4, among the employees in 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 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 those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether or not they desire to be
represented by Oil Workers International Union, CIO, for the pur-
poses of collective-bargaiiiing.
APPENDIX A
Pressure Dispatcher (Field)
Senior Engineer, compressor sta-
tion ,
Junior Engineer, Compressor sta-
tion
Maintenance Repair Engineer,
compressor station
Apprentice Engineer, compressor
station
Common Laborer _
Semi-skilled Laborer
Welder
Apprentice Welder
Welder's Helper
Well Tender
Serviceman
Carpenter -
'Pipe Fitter
Chart Changer
Truck Driver, Class A
Truck Driver, Class B
Meter Repairman
Line Walker
Janitor
Janitress
Meter Reader
Part-time employees within the above categories
644 DECISIONS - OF NATIONAL LABOR RELATIONS BOARD
APPENDIX B
Pressure Dispatcher
tion)
Heating Engineer
Division Engineer
Geologist
Chief Engineer,
tion
(Central Sta- Assistant Division Manager _
compressor
Division Superintendent
District Superintendent
General Foreman
Service Supervisor .
Distribution Manager`
Division Manager
Stenographer °
Division Clerk
Warehouse Clerk
Cashier
sta- _ Assistant Cashier
Office Clerk
PBX Operator
Collector
Solicitor
Employees in the General Offices
at Oklahoma City, Oklahoma
Temporary employees
Part-time employees within the above categories