Kettleman North Dome Association

National Labor Relations Board - Board Decisions

Apr 6, 1942

40 N.L.R.B. 214 (N.L.R.B. 1942)

In the Matter of KETTLEMAN NORTH DOME ASSOCIATION and OIL
WORKERS INTERNATIONAL UNION, C. I. 0.
Case No. R-34,'5.Decided April 6, 1942
Jurisdiction : oil production industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord petitioner recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees excluding executives, supervisors, technical employees, and clerical
workers ; agreement as to.
Mr. George W. Nilsson, of Los Angeles, Calif., for the Company.
Mr. TV. W. Allen, of Long Beach, Calif., for the International:
Mr. W. 0. Teague, of Avenal, Calif., for the Independent,
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On. June 10, 1941, Oil Workers International Union, C. I. 0.,
herein called the International, filed with the Regional Director for
the Twentieth Region (San Francisco, California) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Kettleman North Dome Association,
Avenal, California, herein called the Company, and requesting an11111^"
investigation and certification of representatives pursuant tcOSec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 40, herein
called the Act. On November 4, 1941, the National Labor Relations
Board, herein called the Board, acting pursuan±--t"o^Section 9 (c)
of the Act and Article III, Section 3, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered an in-
vestigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
On January 12, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the International, and upon Independent Union of Kenda Em-
ployees, herein called the Independent, a labor organization claiming
to represent ' employees directly affected by the investigation. Pur-
N
40 N. L. R. B., No. 32.
214
KETTLEMAN NORTH DOME ASSOCIATION 215
suant to notice, a hearing was held at Avenal, California, on Janu-
ary 22, 1942, before Gustaf B. Erickson, the Trial Examiner duly
designated by the. Chief Trial Examiner. The Board, the Company,
the International, - and the Independent were represented and par-
ticipated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues was afforded all parties. At the commencement of the
hearing, the Company filed a motion to dismiss the petition on the
ground that it is not engaged in commerce within the meaning of
the Act. , The Trial Examiner reserved ruling thereon. The mo-
tion is hereby denied. During the course of the hearing the Trial
Examiner made several rulings on motions and on objections to the
admission of evidence. The Board has reviewed these rulings and
finds that no prejudicial errors were committed. The rulings are
hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Kettleman North Dome Association is a non-profit California cor-
poration. It was organized pursuant to a request of the Secretary
of the Interior of the United States for the purpose of operating
lands and leases of its, members on the North Dome of Kettleman
Hills in Kings and Fresno Counties, California. The Company is
composed of 15 members and is engaged in drilling wells and pro-
ducing crude oil and wet gas. The Company does not own any oil
lands or leases and does not own the oil or gas produced from the
lands it drills. All products are delivered to the members of the
Company or to their order at tanks located adjacent to the produc-
ing fields. During 1940, the Company produced 42,723,574 gallons
of crude oil and 32,273,530 cubic feet of natural gas.
The total production of crude petroleum in California during
1939 was 224,354,048 barrels. The Company produced slightly over
4 percent of this total. It also appears that during 1939, 32 percent
of all the oil, produced in the State of California was shipped to
points outside that State. All of the oil produced by the Company
is taken by 5 refining companies.' These 5 refineries have a daily
crude oil capacity of 512,400 barrels, which constitutes 63 percent of
the total refining capacity of the State of California. Approxi-
lnately 5 percent of the crude petroleum refined by the 5 companies
1 These companies are, Standard Oil Co., General Petroleum Co , Tide-water Associated,
Union Oil Co, and Shell Oil Company
216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is received by them from the Company. These 5 refineries ship 32
percent, 36.8 percent, 662/3 percent, 15 percent, and- 35 percent, re-
spectively, of their total production to points outside the State of
California. 1,939,233 barrels of oil produced by the Company in
1940 were taken by the refining companies at the Company's fields
and sent by pipe line to coast points where, in turn, the oil was
transported by tankers to other points in California for refining.
II. THE ORGANIZATIONS INVOLVED
Oil Workers International Union is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
Independent Union of Kenda Employees is an unaffiliated labor
organization, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In the summer of 1941, the International, claiming to represent a
majority of the Company's employees in an appropriate unit, re-
quested exclusive recognition. The Company denied this request
until the International is certified by the Board. A statement of
the Regional Director, introduced into evidence at the hearing,
shows that the International represents a substantial number of
employees in the appropriate unit.'
We find that a question has arisen concerning the representa-
tion of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with' the operations of the Company
described in Section I above has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company, the International , and the Independent agree, and
we find, that all production and maintenance employees of the Com-
pany employed in its drilling, producing , and natural -gas depart-
2 The Regional Director reported that the International presented an authorization peti-
tion bearing the signatures of 314 persons whose names appear on the April 30, 1941, pay
roll of the Company , There are approximately 380 employees in the appropriate unit.
All the parties stipulated at the hearing that the Independent represents a substantial
number of employees in the appropriate unit.
KETTLEMAN NORTH, DOME ASSOCIATION 1217
tents at and near Avenal , California , excluding executives , super-
visors, technical employees , and clerical workers, constitute a unit
appropriate for the purposes of collective bargaining . We further
find that such unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining
,and otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by means of an election by secret ballot. We
shall direct that the employees of the Company eligible to vote in
the election shall be those within the appropriate unit who were
employed during the pay-roll period immediately preceding the date
of the Direction of Election herein, subject to the limitations and
additions set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Kettleman North Dome Association,
Avenal, California, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the Act.
2. All production and maintenance employees of the Company em-
ployed in its drilling, producing, and natural-gas departments at
and near Avenal, California, excluding executives, supervisors, tech-
nical employees, and clerical workers, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of ,
Section 9 (b) of the Act.
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
Relations 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Kettleman North Dome Association, Avenal, California, 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
218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Labor Relations Board and subject to Article III, Section 9, of said
Rules and Regulations, among all production) and maintenance em-
ployees of the Company' employed in its drilling, producing, and
natural-gas departments at and near Avenal, California, 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 tempo-
rarily laid off, but excluding executives, supervisors, technical em-
ployees, clerical workers, and employees who have since quit or-
been discharged for cause, to determine whether they desire to be
represented by Oil Workers International Union, affiliated with the
Congress of Industrial Organizations, or by Independent -Union of
Kenda Employees, for the purposes of collective bargaining, or by
neither.
'In the Matter of KETTLEMAN NORTH DOME ASSOCIATION and OIL
WORKERS INTERNATIONAL UNION1 C. I. O.
Case No. R-3475
AMENDMENT TO DIRECTION OF ELECTION
April 04,194,0
On' April 6, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding 1
The Board, having been advised by the Regional Director that a
longer time in which to hold the election is necessary, hereby amends
-its Direction of Election by striking therefrom the words "but not
later than thirty (30) days from the date of this Direction" and sub-
stituting therefor the words "but not later than forty-five (45) days
.from the date of this Direction."
140 N. L. R. B. 214.
40 N.' L. R. B., No. 32a.
219