Continental Oil Co.

National Labor Relations Board - Board Decisions

Apr 13, 1950

89 N.L.R.B. 416 (N.L.R.B. 1950)

In the Matter Of CONTINENTAL OIL COMPANY, EMPLOYER and UNITED
ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING
AND PIPEFITTING INDUSTRY OF THE UNITED ' STATES AND CANADA,
LOCAL UNION No. 30, A. F. L., PETITIONER
Case No. 19-IBC--1
SUPPLEMENTAL DECISION
AND
ORDER DENYING MOTION FOR RECONSIDERATION
April 13, 1950
On March 20, 1950, the Board issued a Decision and Direction of
Election in the above-entitled proceeding,' finding that "All pipe
fitters at the Employer's refinery in Billings, Montana, excluding
supervisors as defined in the Act" may, if they so desire, constitute a
separate appropriate unit. The Decision stated that the "voting
group includes only those pipe fitters who are working at their trade
for the Employer. It does not include any pipe fitters who may be
working at other than pipe-fitting work."
On March 30, 1950, the Employer, contending that the Decision is
not based upon the record, filed with the Board a motion for recon-
sideration and clarification which included a motion to dismiss the
petition on the ground that the unit is inappropriate. The Employer
requests that, in the event that its motion to dismiss is denied, the
Board clarify its unit description with respect to (1) whether welders
who weld pipe are included and (2) whether certain temporary pipe
fitters are included.
The Board has considered de novo the entire record in the case. For
the reasons given below, the Employer's motion to dismiss the petition.
is hereby denied.
We think the Decision is clearly based upon the fact that journey-
men pipe fitters constitute an historically recognized craft, and as
such are entitled to separate representation absent compelling reasons
' 88 NLRB 1302.
89 NLRB No. 68.
416
CONTINENTAL OIL COMPANY 417
for denying it to them.2 The Employer disputes our finding that
the pipe fitters are journeymen. Although the record does not clearly
show that "most of" the pipe fitters have served a 5-year apprentice-
ship, the Employer admitted at the hearing that its regular pipe fit-
ters are highly skilled, and, in its motion to reconsider, it admits that
they do pipe-fitting work. In view of these facts, we find no merit in
the Employer's objection to the finding. As the unit found is a craft
unit, it follows that welders are not included.
The record shows that at the time of the hearing the Employer em-
ployed two regular pipe fitters 3 and four temporary pipe fitters.'
As the temporary pipe fitters were hired only for periods varying
from 30 to 90 days, and as they have no prospect of permanent em-
ployment by the Employer, we believe that they do not have a sufficient
interest in the selection of a bargaining representative to entitle them
to vote. • We therefore find that the temporary pipe fitters are ineligi-
ble to vote in the election directed in this proceeding.
In accordance with the Employer's request for clarification, we
shall restate the unit description as follows :
All regularly employed pipe fitters at the Employer's refinery in
Billings, Montana, excluding temporary pipe fitters, welders, and
supervisors as defined in the Act.
Apart from the foregoing clarifications of the Decision and Direc-
tion of Election, the Employer's motion is denied.
MEMBERS HOUSTON and MURDOCK took no part in the consideration
of the above Supplemental Decision and Order Denying Motion for
Reconsideration.
2 We are not persuaded that such reasons are to be found in the small size of the refinery,
or in the fact that pipe fitters sometimes work in crews with other maintenance employees.
3 The Employer states that in the future its full complement will number three regular
pipe fitters.
' In addition , the record shows that there were an indeterminate number of pipe fitters
working in the Employer ' s refinery, but on the payroll of an independent contractor.
These pipe fitters would of course be excluded from any unit of employees of the Employer
herein