Magnolia Petroleum Co.

National Labor Relations Board - Board Decisions

Aug 17, 1948

78 N.L.R.B. 1168 (N.L.R.B. 1948)

In the Matter Of MAGNOLIA PETROLEUM COMPANY, EMPLOYER and
OIL WORKERS INTERNATIONAL UNION, CIO, PETITIONER
Case No. 16-RC-83.-Decided August 17, 1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing officer
of the National Labor Relations Board. The hearing officer's rulings.
made at the hearing are free from prejudicial error and are hereby
affirmed:
Upon the entire record in the case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The alleged question concerning representation :
At the hearing the Intervenor, Lodge 395, International Associa-
tion of Machinists, moved to dismiss the petition on the ground that
the Petitioner's Locals 243 and 229 were not in compliance with the
filing requirements of Section 9 (f), (g), and (h) of the Act. The
hearing officer reserved the motion for ruling by the Board.
The Petitioner was certified by the Board on November 11, 1943, as,
the bargaining representative of the Employer's production and main-
tenance employees.' If an election is held among the employees named
in the petition 2 and results in the selection of the Petitioner as repre-
sentative, the Petitioner desires to have this unit merged with the unit
of production and maintenance employees. A contract covering the
production and maintenance employees was entered into on May 16,
1947, between the Employer and Locals 243 and 229.3 It therefore
1 Case No. R-5932 ; Direction of Election, 52 N L. R B. 984.
2 The unit sought in this proceeding is All machinists employed as such in the Em-
ployer' s Beaumont , Texas, refinery, including air-compressor operators, toolroom employees,
helpers, and all hourly paid subtoremen in the machine shop, but excluding all supervisors,
as defined in the Act
8 The contract, which is in evidence, is titled, "AGREEMENT between MAGNOLIA
PETROLEUM COMPANY (Beaumont Refinery) and THE OIL WORKERS INTERNA-
TIONAL UNION, LOCALS NOS 243 and 229 (Affiliated with the C I 0 ) " The recogni-
tion section of the agreement is, in part , as follows . "The Magnolia Petroleum Company
78 N. L. R. B., No. 163.
1168
MAGNOLIA PETROLEUM COMPANY 1169
appears that the Petitioner seeks to integrate the unit sought in the
instant proceeding with a unit currently represented by Locals 243 and
229, which are not in compliance with Section 9 (f), (g), and (h) of
the Act.
From the foregoing it is apparent that the Petitioner, although it
is the only labor organization mentioned in the petition, is in reality
acting jointly for itself and Locals 243 and 229. It is also evident that,
if Petitioner is certified for the unit-herein involved and such unit is
merged with the present production and maintenance unit, the bar-
gaining will be carried on jointly by the locals and Petitioner. Locals
243 and 229 are, at least jointly with the Petitioner, parties in interest
in this proceeding. Because Locals 243 and 229 are not in compliance
with the afore-mentioned filing provisions, we shall dismiss the
petition.4
ORDER
IT Is HEREBY ORDERED that the petition be, and it hereby is, dismissed.5
MEMBER HOUSTON took no part in the consideration of the above
Decision and Order.
(hereinafter referred to as the Company ) hereby recognizes the Oil Workers International
Union Locals Nos 243 and 229 (hereinafter referred to as the Union ) as the sole, exclusive
,bargaining agency for the purpose of collective bargaining in respect to . . The presi-
dents of the locals signed the contract together ' ith the diiector of the district of the Oil
Workers International Union
4 See Matter of United States Gypsum Company , 77 N. L. R B. 1098.
In view of out decision hetein, it is not necessary for us to decide the other issues
presented at the hearing.