Great Lakes Pipe Line Co.

National Labor Relations Board - Board Decisions

Mar 22, 1950

88 N.L.R.B. 1370 (N.L.R.B. 1950)

In the Matter of GREAT LAKES PIPE LINE COMPANY , EMPLOYER and
OIL WORKERS INTERNATIONAL UNION, LOCAL No. 348, AFFILIATED
WITH THE CIO, PETITIONER
Cases Nos. 17--RC-590 and 17-h'C-591 ( Consolidated ).-Decided
March 22, 1950
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, a hearing was held in this consolidated
matter before William J. Scott, hearing officer. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Reynolds, Murdock, and
Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.'
4. The appropriate unit; the determination of representatives :
Contention of the Parties
In Case No. 17-RC-590, the Petitioner seeks to represent all billing
clerks 1 and 2, and all terminal clerks 1 and 2, in the northern area and
the northwestern area, excluding all other employees of the Employer,
'Although the Employer and Petitioner have a current contract which might be urged
as a bar to these proceedings , under alternative unit requests of the Petitioner, the parties
have declined to urge a contract bar. Under the circumstances , we find that a contract
bar does not preclude a present determination of representatives . See The Ohio Bell
Telephone Co., 87 NLRB 1555.
88 NLRB No. 225.
1370
GREAT LAKES PIPE LINE COMPANY 1371
those employees in the above classifications previously certified by the
Board, guards, professional employees, and supervisors as defined in
the Act. In Case No. 17-RC-591, the Petitioner seeks to represent all
laboratory employees, i. e., terminal tester, terminal tester junior, and
tester helper, in the northern area, northwestern area, and southern
area, excluding all other employees, those employees in the above
classifications previously certified by the Board, guards, professional
employees, and supervisors as defined in the Act. As alternative posi-
tions, the Petitioner would represent with these employees in each of
the proposed units, employees in identical classifications previously
certified as part of various operating and maintenance units and pres-
ently covered by its contract with the Employer, or would add them to
the operating and maintenance unit in its present contract under the
"Other Coverage" clause.2 The Employer, on the other hand, takes the
position that both groups of employees sought herein, as well as
employees holding the same job classifications who were previously
certified and who are presently provided for under the contract, are
confidential employees who are closely related to management func-
tions and should not be subject to collective bargaining. If, however,.
these employees are found not to be confidential, the Employer would
include both groups as part of the existing operating and maintenance
unit along with identical classifications of employees presently covered
by the current contract.
The Operations of the Employer
The Employer is a common carrier engaged in the transportation of
petroleum products. Its operations extend into nine States and com-
prise over 2,000 miles of pipe line with related communications systems,
stations, and terminals. The pipe line operations of the Employer
were previously divided into five geographic districts designated as
superintendent districts Nos. 1, 2, 3, 4, and 5. Subsequently, the
Employer reorganized its operations, and established three instead of
five geographical areas. The new areas were designated the southern
area, the northern area, and the northwestern area.
History of Collective Bargaining
The Petitioner has, at various times, been certified as the bargaining
representative of a number of separate units of employees in the
Employer's system, consisting of operating and maintenance employees
2 This contract clause reads as follows : "Other Coverage : If the Union is designated by
the National Labor Relations Board as the exclusive representative for the purpose of
collective bargaining for other operating units of the Company, this contract shall be
extended to include such units for the classes of employees therein covered."
1372 DECISIONS ' OF NATIONAL LABOR RELATIONS BOARD
in each of five separate superintendent districts, and certain separate
terminal units.' In finding that a separate superintendent district
constituted an appropriate unit, the Board repeatedly expressed the
opinion that "ultimately, a system-wide unit will be proper." 4 Under
the current collective bargaining agreement, all the separately certified
bargaining units are pooled within the coverage of the one contract.
The coverage clause of the contract states that "This agreement shall
include all operating and maintenance employees of the Company on
the system of the Company," with certain limitations .5 The substan-
tive terms of the contract are on a system-wide basis and in no respect,
other than the seniority aspect, is there any distinction made among the
employees according to where they work.6
As will be noted from the above statement of the history of collective
bargaining, the original piecemeal units have been effectively merged
into a single system-wide unit as previously anticipated by prior Board
decisions involving this Employer.' The classifications of employees
petitioned for herein were in some instances included and in other
instances excluded from the several certified units mentioned herein.
As a result of the reorganization of the Employer's five geographic
divisions into three geographic areas, the inconsistency of the bargain-
ing history, and the subsequent merging of the separate groups into one
system-wide unit, some of the employees in the classifications sought in
the petitions herein are covered by the present contract and some are
excluded from its coverage.
The Appropriateness of the Requested Units
A. Billing and terminal clerks
Case No. 17-RC-5990
At least one of the several classifications of clerks covered by this
petition is employed at each of the Employer's 14 terminals. The
duties of the billing clerk No. 1, are to receive the shipper's order
8 Great Lakes Pipe Line Company , 56 NLRB 227 ; 57 NLRB 369 ; 64 NLRB 1296; 73
NLRB 454 ; and Cases Nos. 17-R-1713 , April 22 , 1947 ( unpublished ) ; 18-RC-78, Sep-
tember 8 , 1947 ( unpublished ) ; and 17-R-1211 , consent.
4 Great Lakes Pipe Line Company, 56 NLRB 227; 64 NLRB 1296.
5 The contract provides that "the designation of the classes of employees are those
specified in the respective orders of the National Labor Relations Board" and lists the
separate unit descriptions as certified by the Board.
6 The seniority provisions are limited : ( 1) with respect to promotions into positions
requiring special skills, to persons qualified ; and (2 ) in respect to demotions , to positions
within the respective units with certain specified exceptions . However, these units refer
.to operating departments of the Employer , rather than geographical divisions set up under
Board certifications.
' See footnote 4, supra: Also see Pacific Telephone and Telegraph Company , 85 NLRB
713; The Ohio Bell Telephone Co., 87 NLRB 1555.
GREAT LAKES PIPE LINE COMPANY 1373
when presented at the terminal; check the order against records: on
hand to ascertain that the consignee is rightfully entitled to delivery;
prepare a bill of lading; figure the net gallons on each billing; check
the trucker's loading figures; validate the truck orders; determine the
validity of the credentials; and sign the movement out. In the per-.
formance of these duties, it is necessary that the billing clerk take the
gauges of the receiving tanks, compute the barrels and maintain stock
records which reflect the amount of stock on hand for each particular
shipper. The billing clerk also makes up summaries of the day's
business. In addition to the regular duties, the billing clerk performs
certain menial tasks, mainly janitorial duties in and about the ter-
minal. The duties of the billing clerk No. 2 are largely those support-
ing those of billing clerk No. 1. In the performance of their duties,
the billing clerks deal mainly with the transport drivers who handle
the product by truck.
The terminal clerk No. 1 handles all railroad shipments. In this
connection, the terminal clerk reviews and validates orders received
from the shippers ; determines the amount of stock applicable to each
order; prepares, sorts, and distributes copies of various shipments to
the companies and individuals concerned; prepares and delivers ship-
ping orders to the various railroads; orders empty tank cars; and
prepares notices to the companies who lease the empty cars. In addi-
tion thereto, the terminal clerk makes up State meter reports and
assists the chief terminal clerk in operating the teletype and in the
distribution of mail. The duties of the terminal clerk No. 2 are pri-
marily those supporting the duties of the terminal clerk No. 1. Their
duties are of a routine nature, following the same pattern day by day.
Further, all employees of the Employer are carried on the same pay
roll in their respective areas, have the same working conditions, and
enjoy the same vacation privileges. I
The Employer contends that because these clerks receive and trans-
mit teletype messages, thus placing them in a position to obtain con-
fidential information relating to labor relations, and because they
prepare daily business summaries, placing them in a position to possess
knowledge of the over-all business of the Employer and certain con-
fidential information regarding the business of customers of the Em-
ployer, they are confidential employees and should not, therefore, be
included in any collective bargaining unit. The Board has previously
held that teletype operations are not directly related to the receipt and
transmission of messages concerning labor relations so as to place this
classification of employees in the category of confidential employees58
and that the sending of teletype messages relating to labor relations,
e 1Var Emergency Pipelines , Inc., 59 NLRB 449; Magnolia-Pipe Line Co., 61 NLRB 723.
1374 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in itself, does not confer confidential status .9 Although admittedly
the clerks are in a position to gain possession of confidential business
information, this does not place them in the type of confidential posi-
tion which would be inconsistent with collective bargaining.,,,, We
find, therefore, that the billing and terminal clerks are not confidential
employees of a type that we would exclude from collective bargaining
units.
There remains, however, the question as to whether such employees
may constitute a separate unit. The proposed unit does not include
all employees in like classifications. In view of the established pat-
tern of system-wide bargaining, we find that it would be improper to
confine the unit to only a portion of the employees of the Employer
in like classifications as designated in the petition. Moreover, because
billing and terminal clerks perform work of a routine nature and
possess no highly specialized skill which would create a distinct and
separate community of interest among such employees in the various
terminals of the Employer, we believe that a separate unit for these
classifications of clerical employees would not be appropriate. How-
ever, as the Petitioner has indicated its willingness to represent the
employees in any of the alternative units set forth herein, and has ex-
pressed its willingness to submit to an election the employees in like
classifications presently covered by its current collective bargaining
agreement, we shall not dismiss the petition, but shall consider the
alternatives and determine the appropriate unit placement of these
classifications of employees in the light of all the evidence. Such
consideration includes the question as to whether the community
of interest between these employees and the operating and maintenance
employees requires that the former be added to the operating and
maintenance unit.
The record reveals not only that the routine work of the billing and
terminal clerks brings them in constant contact with the operating
and maintenance employees at the terminals, but also that the duties of
the billing and terminal clerks is vital to the flow of the actual opera-
tion of the pipe line. Their community of interest with employees
engaged in operation and maintenance is further indicated by the fact
that in some areas of the Employer's operation, these clerks have been
successfully included in the unit of operating and maintenance em-
ployees and are presently included in the existing system-wide con-
tract covering operating and maintenance employees. Under these
circumstances, we believe that the interests of the billing and terminal
clerks, as distinguished from those of regular office clerical employees,
e Southern Alkali Corp ., 84 NLRB 120.
11 E. R . Squibb c6 Sons, 83 NLRB 792 ; Guy F. Atkinson Company, et al., 83 NLRB 1004.
GREAT LAKES PIPE LINE COMPANY 1375
are intimately related to those of the operating and maintenance em-
ployees 11 Because the inherent appropriateness of the presently exist-
ing system-wide unit consistent with Board policy is amply established
in the record, we believe that the billing and terminal clerks may prop-
erly be a part of the operating and maintenance system-wide unit
presently represented by the Petitioner. However, because some of
the employees in these classifications are presently excluded from the
contract unit, we believe that such excluded employees should be per-
mitted an opportunity by means of a separate election to express their
desires with respect to representation as a part of the existing bargain-
ing unit.12
B. Laboratory employees
Case No . 17-RC-591
Terminal tester, terminal tester junior, and tester helper are the
classifications which make up the so-called laboratory employees.
They are located at the various terminals throughout the three areas
of operation of the Employer. The terminal tester junior and the
tester helper perform duties complementary to those of the terminal
tester. The work performed by employees in the three classifications
is very much intermingled. The terminal testers determine the octane
rating of gasoline stock; test vapor pressure from gas runs; make
gravity determinations; run distillation tests; and perform other tests
on distillate and burning oils. They also lead the tanks with tetra-
ethyl and perform blending of gasoline and dyine in order to make
the commodity ready for shipment to the consignee. These duties are
performed mainly for the purpose of maintaining the quality of
the commodity in accordance with the specifications of each individual
shipper. All tests are made by means of precision equipment and
are based on the American Society for Testing Materials Manual
which is an index for testing various petroleum products. Because
this work has been reduced to a routine procedure by the Testing
Materials Manual, the work of the terminal tester has been reduced
to a routine which can be learned very quickly. Although the Em-
ployer requires an eligible applicant for this position to have had
11 Union Lumber Company , 53 NLRB 567; J. S. Abercrombie Company, et al ., 58 NLRB
1013; Magnolia Pipe Line Company, 61 NLRB 723; Union Oil Company of California, 62
NLRB 1144 ; General Petroleum Corporation, 83 NLRB 514.
The evidence concerning the duties of billing and terminal clerks presently before the
Board covering all employees in these classifications in the Employer 's system, shows
that they are comparable to plant clericals rather than office clericals . Insofar as this
decision is inconsistent with Great Lakes Pipe Line Company , 73 NLRB 454 , which was
based on evidence then before the Board , that decision is hereby overruled.
12 Watson -Flagg Machine Co., 83 NLRB 734 ; Elastic Stop Nut Corporation of America,
87 NLRB 1532 ; also see Petersen & Lytle, 60 NLRB 1070; Illinois Cities Water Company,
87 NLRB 109.
1376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2 years of chemistry or physics which may be obtained in either high
school or college, the duties are those requiring practice and on-the-
job training 13 rather than formal education. In addition to their regu-
lar duties, these employees are required to perform other duties,
mainly janitorial work on the testing equipment and about the
terminal.
The employer urges that it is inconsistent to establish separate units
of testers when the current contract already covers part of them in
the operating and maintenance unit. Moreover, as noted above, the
Employer takes the position that these employees should not be sub-
ject to collective bargaining because they perform work of a confiden-
tial nature because in their positions they have access to the highly
secret specifications for the commodities of the various customers of
the Employer. As previously indicated herein, this is not the type of
confidential information which is considered inconsistent with collec-
tive bargaining.14
Because the duties performed by the laboratory employees are vital
to the. flow of the actual operating phase of pipe line transmission, and
because the considerations set forth in connection with the billing
and terminal clerks likewise apply to the situation surrounding the
unit placement of laboratory employees, we find that the same conclu-
sions must necessarily obtain in this instance 15 We believe, therefore,
that employees in the classifications of terminal tester, terminal tester
junior, and tester helper, who have been excluded from the operating
and maintenance unit, should be permitted an opportunity by means
of a separate election to express their desires with respect to repre-
sentation as part of the existing bargaining unit.
We shall therefore direct elections among the following voting
groups. If a majority of the employees in each voting group cast
their ballots for the Petitioner, they will be taken to have indicated
their desire to be a part of the over-all system-wide operating and
maintenance unit and the Petitioner may bargain for such employees
as part of the existing unit.
1. All employees in the classifications of billing clerks 1. and 2 and
terminal clerks 1 and 2,, and not previously included in the existing
operating and maintenance unit, excluding supervisors and all other
employees of the Employer.
13 The record indicates that some of these employees have progressed to their present
positions through various positions in the operating and maintenance units.
14.See footnote 1.0, supra . Also see Wasatch Oil Refining Company, 76 NLRB 417.
15 See footnote 11, supra, and text of this decision immediately preceding that footnote.
Also see Phillips Petroleum Company, 57 NLRB 1100; The Ohio Oil Company, 60 NLRB
418. The Pure Oil Company, 74 NLRB 1382 ; Commercial Solvents Corporation, 80
NLRB 277; Wm. P. McDonald Corporation, 83 NLRB 427.
GREAT LAKES PIPE LINE COMPANY 1377
2. All employees in the classifications of terminal testers, terminal
testers junior, and tester helpers , and not previously included in the
existing operating and maintenance unit, excluding supervisors and
all other employees of the Employer.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, elections by secret
ballot shall be conducted * as early as possible, but not later than 30
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61. and 203.62 of National Labor
Relations, Board Rules and Regulations, among the employees in the
voting groups described in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of Elections, including employees who did not work
during said payroll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the elections , and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented , for purposes of collective bar-
gaining, by Oil Workers International Union, Local No. 348, affili-
ated with the CIO.