Equity Oil Co.

National Labor Relations Board - Board Decisions

May 26, 1943

49 N.L.R.B. 1141 (N.L.R.B. 1943)

In the Matter of EQUITY OIL COMPANY and UTAH METAL TRADES-
COUNCIL) A. F. L.
Case No. R-5297.-Decided May 06, 1943
Mr. James H. Ball, of Salt Lake City, Utah, for the Company.
Mr. C. L. Casebolt, of Salt Lake City, Utah, for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION -
STATEMENT OF THE CASE
Upon petition duly filed by Utah Metal Trades Council, A. F. L.,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Equity
Oil Company, Salt Lake City, Utah, herein called the Company, the
National Labor-Relations Board provided for an appropriate hear-
ing upon due notice before Gerald P. Leicht, Trial Examiner. Said
hearing was held at Salt Lake City, Utah, on May 6, 1943. The
Company and the Union appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing upon the issues. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. ' '
The Company filed an answer which contained a motion to dis-
miss the petition on the grounds that the unit sought to be estab-
lished by the Union was inappropriate, and that the Union did not
represent a majority of its employees. The Trial Examiner reserved
ruling. The motion is hereby denied.
Upon the entire record in the case, the Board makes' the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Equity Oil Company is a Utah corporation having its principal
office in Salt Lake City, Utah. It is engaged in the production of oil
49 N L R B ., No. 167.
1141
1142 , DECISIONS OF NATIONAL LABOR REILATIONS BOARD
on lands controlled by it in Rangely oil field, Rio Blanco County,
Colorado. During 1942 the Company purchased supplies and equip-
ment valued between $30,000 and $35,000, nearly all of which was
shipped to the' Company from points outside the State of Utah.
During the 'same period, the Company produced appl1oxiinately
100,000 barrels of oil valued at approximately $110,000, practically
all of which was sold and transported to Wasatch Oil Refinery,
Woods Cross, Utah. Some of the oil, however, was processed at the
Company's refinery in Jensen, Utah. The Company admits that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
IT. THE• ORGANIZATION INVOLVED
Utah Metal Trades Council, . A. F. L., is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During March 1943, the Union notified the Company that it repre-
sented a majority of the Company's employees. The Company ques-
tioned the Union's majority, and refused to recognize or bargain
with the Union until certified by the Board.
A statement prepared by a Field Examiner 'of the Board, intro-
duced in evidence at the hearing, indicates that the Union represents
a substantial number of employees in the unit hereinafter found
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 Act.
IV. THE APPROPRIATE UNIT
The Union contends that the appropriate unit should comprise
all production and maintenance employees of the Company, exclud-
ing foremen with the right to hire and discharge, and clerical em-
ployees. The Company, maintains that all its employees, excluding
foremen with the right to hire and discharge,' constitute an appro-
priate unit.
The Company employs a bookkeeper and a stenographer, who are
engaged in clerical duties in its office in Salt Lake City. The pro-
1 The Field Examiner reported that the Union submitted 8 authorization cards, dated
March 6 and 7, 1943, bearing apparently genuine signatures of persons whose names appear
on the Company's pay roll of March 31, 1943; said pay roll contains the names of 16
persons in the appropriate unit.
EQUITY OIL C'O'MPANY 1143
duction and maintenance employees work in the oil field, which is
approximately 225 miles from the office. It is obvious that the
status and function of clerical employees are essentially different
from the status and function of employees who perform manual
labor. Since no affirmative showing has been made or any compelling
arguments advanced as to why we should depart from our usual
practice of excluding clerical employees from a unit composed of
production and maintenance employees, we shall exclude the book-
keeper ,and the stenographer.'
We find that all production and maintenance employees of the
Company, excluding foremen with the right to hire and discharge,
and the bookkeeper and stenographer, constitute a unit appropriate
for the purposes of collective, bargaining, within the meaning of Sec-
tion 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by 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 our Direction of
Election herein, subject to the limitations and additions set forth
in said 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 Rela-
tions 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 representa-
tives for `the purposes of collective bargaining with Equity Oil Com-
pany, Salt Lake City, Utah, 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 Twentieth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
2 See Matter of Atlantic Basin Iron Works and Industrial Union of Marine and Ship-
building Workers ' of America, Local No. 13, 5 N. L. R. B 402.
1144 ^ DECISIONS OF NATIO1\71AL LABOR RELATIONS BOARD
date of this Direction, including employees who did not work during'
said pay-roll period because they were ill or on vacation or tempor-
arily 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 Utah
Metal Trades Council, A. F. L., ,for the purposes of collective,
bargaining.