Magnolia Petroleum Co.

National Labor Relations Board - Board Decisions

Jun 5, 1945

62 N.L.R.B. 115 (N.L.R.B. 1945)

In the Matter of. MAGNOLIA PETROLEUM COMPANY and OIL WORKERS
INTERNATIONAL UNION, C I 0
Case No. 16-R -1301 -Decided June 5. 1945
1llable M. Weir and Mr. Lindsay P. Walden, of Fort Worth, Tex., for
the Union.
111•. J. W. Folmar, of Fort Worth, Tex , Mr. Roy C. Ledbetter, of Dallas,
Tex., and Mr L. B. Gough, of Beaumont, Tex., for the Company
Mr. Louis Cokiii, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by Oil Workers International Union. C. 1. 0,
herein called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Magnolia Petroleum
Company, Fort Worth, Texas, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due notice
before John H. Garver, Trial Exanniner. Said hearing was held at Fort
Worth, Texas, on May 1, 1945. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on • the
issues The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed All parties were afforded oppor-
tunity to file briefs with the Board
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Magnolia Petroleum Company is a Texas corporation operating a refin-
ery at Fort Worth, Texas, where it is engaged in the production, purchase,
sale, and refining of petroleum products. It has its principal offices at Dallas.
62NLRB.,No15
115
116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Texas. The Company receives over $3,500,000, annually for its products
from its Fort Worth plant, about 16 percent of which is derived from
shipments made to points,otits] de the State of Texas.
The Company admits that it is engaged in commerce withal the meaning
of the-National Labor Relations Act.
If. THE ORGANIZATION INVOLVED
Oil Workers International Union is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership em-
ployees of the Company.
III. TJ-IE QUESTION CONCERNING REPRESENTATION
During April 19i5, the Union requested recognition as the exclusive col-
lective bargaining representative of the employees at the Fort Worth plant
of the Company. The Company refused this request until such time as the
Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evidence
at the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV THE APPROPRIATE UNIT
The Union urges that all operating and maintenance employees at the
Fort Worth, Texas,' refinery of the Company, including watchmen and
gatemen, but excluding superintendent, assistant superintendent, pipe-line
superintendent, mechanical foreman, mechanical subforeman, shift fore-
man, and office, administrative, executive, professional, and technical enn-
ployees, constitute a unit appropriate for the purposes of collective bargain-
ing. The Union further requested that the watchmen and gatemfn be set
up as a separate unit in the event the Board determines that they do not
properly belong in the same unit with operating and maintenance employ-
ees. The Company contends that the watchmen and gatennen, because of
their monitorial duties and relationship to management, should be excluded
from the unit of operating and maintenance employees and further that.a
separate unit of such employees is also inappropriate.
The Company employs four gatemen and three watchmen who check the
ingress and egress of vehicles and persons at the Company's gates and also
patrol the premises to protect it against trespassers. The gatemen and
watchmen are presently deputized by the county sheriff for the county in
'The statement discloses that the Union submitted appiic.tti in ce,ds Bening the names of 113 per-
sons who appeared on the Company's A nii 11, 1945, Pay roll The said pay loll listed appioxunately
168 employees in the appropuatc unit.
MAGNOLIA PETROLEUM COMPANY 117
which the Fort Worth refinery of the Company is located. They have the
authority to make arrests and carry arms. Their duties, however, are of a
monitorial rather than a supervisory nature. Thus, we shall not include
them in the same unit with the operating and maintenance employees, but
shall establish them as a separate unit.'
We find that all operating and maintenance employees at the Fort Worth,
Texas, refinery of the Company, excluding watchmen, gatemen, office,
administrative, executive, professional, and technical employees, superin-
tendent, assistant superintendent, pipe-line superintendent, mechanical fore-
man, mechanical subforeman, shift foreman, and any other supervisory
employees with authority to lire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
IWe further find that all watchmen and gatemen at the Fort Worth,
Texas, refinery of the Company, excluding supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action, constitute
a unit appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by means of elections by secret ballot among the employ-
ees in the appropriate units who were employed during the pay-roll period
immediately preceding the date of the Direction of Elections herein, subject
to the limitations and additions set forth m the Direction.
DIRECTION OF ELECTIONS
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 11, Section 9, of National Labor Relations Board
Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Magnolia Petroleum Com-
pany, Fort Worth, Texas, elections 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 Sixteenth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Articles III, Sections 10 and 11,
of said Rules and Regulations, among the employees in each of the units
2 Matter of Bethlehem-Fairfield Shipyard, Inc , 61 N L R B 901, Matter of Colu mbian Paper
Company, 60 N. L R. B 1201
118 DECISIONS OF NATIONAL LABOR RELATIONS BOAR])
found appropriate in Section IV, above, who 'o ere employed during the
pay-roll period immediately preceding the date of this Direction, including
employees who did not work during the said pay-roll period because the)'
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 any who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the elec-
tions, to determine. in each instance, whether or not they desire to be
represented by Oil Workers International Union, C. I. 0 , for the purposes
of collective bargaining.