Mid-Co Gasoline Co.

National Labor Relations Board - Board Decisions

Jul 30, 1948

78 N.L.R.B. 740 (N.L.R.B. 1948)

In the Matter of MID-Co GASOLINE COMPANY and INTERNATIONAL
ASSOCIATION OF MACHINISTS
Case No. 16-C-1468.-Decided July 30, 1948
Mr. James R. Webster, for the General Counsel.
Sam2uels, Brown, Herman cQ Scott, by Mr. John M. Scott, of Fort
Worth, Tex., and Mr. C. A. Middleton, of Corsicana, Tex., for the
Respondent.
Mr. Bliss Daffan, of Houston, Tex., and Mr. L. M. Fagan, of Fort
Worth, Tex., for the Union.
DECISION
AND
ORDER
Upon a second amended charge filed on January 20, 1948, by Inter-
national Association of Machinists, herein called the Union, the Gen-
eral Counsel of the National Labor Relations Board, herein called the
General Counsel, by the Regional Director for the Sixteenth Region
(Fort Worth, Texas) issued a complaint dated April 21, 1948, against
Mid-Co Gasoline Company, herein called the Respondent, alleging
that the Respondent had engaged in and was engaging in unfair labor
practices affecting commerce, within the meaning of Section 8 (1) and
(5) and Section 2 (6) and (7) of the National Labor Relations Act,
49 Stat. 449, herein called the Act, and Section 8 (a) (1) and (5)
and Section 2 (6) and (7) of the Act, as amended by the Labor
Management Relations Act, 1947, Public Law 101, 80th Congress,
First Session, Chapter 120, herein called the amended Act." Copies
of the complaint, the second amended charge, and notice of hearing
were duly served upon the Respondent and the Union.
With respect to the unfair labor practices, the complaint alleges in
substance : (1) that the Respondent, in or about August and Septem-
ber 1946, interrogated its employees concerning their union affiliations,
and urged, persuaded, threatened, and warned its employees to refrain
I So far as here material , the provisions of Section 8 (1) and ( 5) of the Act are continued
in Section 8 (a) (1) and (5) of the amended Act Likewise, the following provisions of
the Act, mentioned herein , are reenacted in corresponding section numbeis of the amended
Act; Section 2 (5), (6), and (7), Section 7, Section 9 (a) and (b), and Section 10 (c).
The Act and the amended Act are hereinafter jointly called the Acts
78 N. L. R. B., No. 86.
740
MID-CO GASOLINE COMPANY 741
from assisting, becoming members of, or remaining members of, the
Union ; and that (2) on or about August 4, 1947, and at all times
thereafter, the Respondent refused to bargain collectively with the
Union as the exclusive bargaining representative of all the employees
in an appropriate unit, although a majority of said employees had
selected the Union as their collective bargaining representative. On
or about April 30, 1948, the Respondent filed an answer, admitting
certain allegations of the complaint, but denying that it had engaged in
any=-unfair labor practices. The Respondent also moved that the
complaint be dismissed on the ground that the Board lacked jurisdic-
tion. For the reasons hereinafter stated, the motion to dismiss the
complaint is hereby denied.
Thereafter all the parties, being desirous of obviating the necessity
of a hearing herein, entered into a stipulation which set forth an agreed
statement of facts. The stipulation provided that the parties waived
their rights to a hearing before a duly authorized Trial Examiner;
that the Board may make findings of fact and conclusions of law,
and issue an order based upon the agreed facts; and that the charge,
the complaint, the notice of hearing, the answer, and the stipulation
shall constitute the entire record. The stipulation' is hereby accepted
and made a part of the record herein, and, in accordance with Section
203.51 of National Labor Relations Board Rules and Regulations-
Series 5, the proceeding is hereby transferred to and continued before
the Board.
Upon the basis of the aforesaid stipulation, and the entire record in
the case, the Board 2 makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The Respondent agreed that certain portions of the record in an
earlier case before the Board in which it was involved should be in-
corporated into the record herein,3 and conceded that its business is
substantially the same as it was at the time of the hearing in that case.
In the earlier case we found :
Mid-Co Gasoline Company, a Texas corporation, operates at
Malakoff, Texas, a natural gasoline plant and a small refinery
which process natural gas into natural and white gasoline, butane,
kerosene, kerosene distillate, fuel oil, and residue gas. The Em-
8 Pursuant to the provisions of Section 3 (b) of the Act, as amended , the National Labor
Relations Board has delegated its po^iers in connection with this proceeding to a three-man
panel consisting of the undersigned Board Members [ Chairman Herzog and Members Houston
and Reynolds].
3 Matter of Mtd-Co Gasoline Company, 74 N L R. B. 910.
798767-49-vol 78 43 ,
742 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployer annually purchases raw materials valued at over $100,000
from various oil and gas producers ,• all located within the State
of Texas. It annually sells and delivers ' o`ver $300,000 worth of
refined products to petroleum and refining companies within the
State, which companies , in turn, sell said products locally. Dur-
ing a similar period, it sells a small portion of residue gas to
the Athens Natural Gas Company, which supplies the fuel gas
needs of the town of Athens, Texas; in addition , it delivers the
remainder of the residue gas to pipe line gathering system of
the Lone Star Gas Company , a public utility company which is
itself engaged in interstate commerce. During the year 1946, the
Lone Star Gas Company purchased from the Employer 2 ,018,610
M cubic feet of residue gas, valued at over $100 ,000. This gas,
which was thus intermingled with gas purchased from other re-
-finers, was sold by the Lone Star Gas Company in the city of
-Dallas, Texas, to interstate carriers , and to other consumers, whose
operations admittedly affect interstate commerce.
We take judicial notice , in this connection , of the fact that we have heretofore
asserted jurisdiction over the Lone Star Gas Company ( 52 N L R B 1058 and
61 N L R B 766), and over many of its customers See, in this connection. the
following cases involving customers of Lone Star Gas Company . Matter of Ford Mo-
tor Company, 26 N. L. R B. 322, Matter of Texas Textile Mills, 58 N L. R B 352,
Matter of The Guiberson Corporation , 59 N. L R . B 1091 ; Matter of The Continental
Gin Company, 56 N L R B. 1499 ; Matter of Burrus Feed Mills, 59 N L R B. 425,
Matter of Dallas Power d Light Company, 60 N L R B 1088 , Matter of Procter
d Gamble Manufacturing Co., 62 N L R B 1262 ; Matter of Sears, Roebuck Com-
pany, 72 N. L. R. B. 566 ; and Matter of The Texas Company, 52 N. L R B. 457
In the instant case, as in the prior proceeding, the Respondent chal-
lenged our right to assert jurisdiction over its operations. We have
reexamined the facts in the light of the applicable law and find no
reason to disturb our prior finding and assertion of jurisdiction. Ac-
cordingly, we hereby adopt the above findings of fact and upon the
basis thereof we find that the Respondent is engaged in commerce,
within the meaning of the Acts.4
II. THE ORGANIZATION INVOLVED
International Association of Machinists is a labor organization,
-which admits to membership employees of the Respondent.
III. THE UNFAIR LABOR PRACTICES
A. Interference, restraint , and coercion
During the months of August and September 1946, the Respondent,
through its duly authorized agents and representatives , interrogated
IN L. R B. v T W . Phillips Gas d Oil Co, 141 F (2d) 304 ( C C A 3 ), enforcing 51
N L R. B 376 ; Matter of Hamilton Gas Corporation , 72 N. L. R B 269; Matter of James
-C. Ellis, 72 N. L. R. B 474, and cases cited therein.
MID-CO GASOLINE COMPANY 743
its employees as to whether or not they were affiliated with the Union.
The Board has consistently held, and we find, that such activities of
the Respondent interfered with, restrained , and coerced its employees
in the exercise of the rights guaranteed in Section 7 of the Acts .5
B. The refusal to bargain
1. The appropriate unit; representation by the Union of a majority
therein
The parties agree, and we find, that all production and maintenance
employees of the Respondent employed at its Malakoff, Texas, plant,
including the mechanic, assistant mechanic, and chief engineer, but
excluding truck drivers, office and clerical employees, and supervisors,
constitute a unit appropriate for the purposes of collective bargaining,
within the meaning of the Acts.
We also find, in accordance with the agreement of the parties, that
since on or about December 18, 1946, the Union has been the exclusive
bargaining representative of all employees in the above unit for the
purposes of collective bargaining with respect to rates of pay, wages,
hours, and other conditions of employment.
2. The refusal to bargain
The Respondent admits that since on or about August 4, 1947, it has
refused to bargain collectively with the Union as the exclusive repre-
sentative of all employees in the appropriate unit. We accordingly
find that the Respondent thereby violated Section 8 (5) of the Act and
Section 8 (a) (5) of the amended Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent set forth in Section III, above,
occurring in connection with its operations as described in Section I,
above, have a close, intimate, and substantial relation to trade, traffic,
and commerce among the several States, and tend to lead to labor
disputes burdening and obstructing commerce and the free flow of
commerce.
V. THE REMEDY
Having found that the Respondent has engaged in certain unfair
labor practices, we shall order that it cease and desist therefrom and
that it take certain affirmative action which will effectuate the policies
of the amended Act.
fi See H J Heinz Co v N. L. R. B., 311 U. S 514 , aff'g 110 F ( 2d) 843 (C C A 6),
enf'g 10 N. L R. B. 963 ; Matter of Ames Spot Welder Co, Inc , 75 N L R B 352 , Matter
of Sohio Pipe Line Company , 75 N. L R. B. 858.
744 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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. International Association of Machinists is a labor organization,
within the meaning of Section 2 (5) of the Acts.
2. All production and maintenance employees of the Respondent
employed at its Malakoff, Texas, plant, including the mechanic, assist-
ant mechanic, and chief engineer, but excluding truck drivers, office
and clerical employees, and supefvisors, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the Acts.
3. International Association of Machinists was on December 18,
1946, and at all times thereafter has been, the exclusive representative
of all employees in the aforesaid unit for the purposes of collective
bargaining, within the meaning of Section 9 (a) of the Acts.
4. By refusing on August 4, 1947, and at all times thereafter, to
bargain collectively with International Association of Machinists, as
the exclusive representative of all employees in the aforesaid appro-
priate unit, the Respondent has engaged in and is engaging in unfair
labor practices, within the meaning of Section 8 (5) of the Act and
Section 8 (a) (5) of the amended Act.
5. By interfering with, restraining, and coercing its employees in
the exercise of the rights guaranteed in Section 7 of the Acts, the
Respondent has engaged, and is engaging, in unfair labor practices,
within the meaning of Section 8 (1) of the Act and Section 8 (a) (1)
of the amended Act.
6. The aforesaid unfair labor practices are unfair labor practices
affecting commerce within the meaning of Section 2 (6) and (7) of
the Acts.
ORDER
Upon the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent, Mid-Co Gasoline
Company, Corsicana, Texas, and its officers, agents, successors, and
assigns, shall:
1. Cease and desist from :
(a) Refusing to bargain collectively with International Association
of Machinists as the exclusive bargaining representative of all produc-
tion and maintenance employees at its Malakoff, Texas, plant, in-
MID-CO GASOLINE COMPANY 745
eluding the mechanic, assistant mechanic, and chief engineer, but ex-
cluding truck drivers, office and clerical employees, and supervisors;
(b) Interrogating its employees as to their union affiliation;
(c) In any like or related manner interfering with, restraining or
coercing its employees in the exercise of the right to self-organization,
to form labor organizations, to join or assist International Association
of Machinists or any other labor organization, to bargain collectively
through representatives of their own choosing, and to engage in con-
certed activities for the purpose of collective bargaining or other
mutual aid or protection, as guaranteed in Section 7 of the Acts.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act, as amended :
(a) Upon request, bargain collectively with International Associa-
tion of Machinists as the exclusive representative of all production and
maintenance employees at its Malakoff, Texas, plant, including the
mechanic, assistant mechanic, and chief engineer, but excluding truck
drivers, office and clerical employees, and supervisors, with respect
to grievances, labor disputes, rates of pay, wages, hours, and other con-
ditions of employment, and if an understanding is reached, embody
such understanding in a signed agreement;
(b) Post at its plant in Malakoff, Texas, copies of the notice at-
tached hereto marked "Appendix A." 6 , Copies of said notice, to be
furnished by the Regional Director for the Sixteenth Region, shall,
after being signed by the Respondent's representative, be posted by
the Respondent immediately upon receipt thereof and maintained by
it for sixty (60) consecutive days thereafter, in conspicuous places, in-
cluding all places where notices to employees are customarily posted.
Reasonable steps shall be taken by the Respondent to insure that said
notices are not altered, defaced, or covered by any other material;
(c) Notify the Regional Director for the Sixteenth Region in writ-
ing, within ten (10) days from the date of this Order, what steps the
Respondent has taken to comply therewith.
, In the event that this Order is enforced by decree of a Circuit Court of Appeals, there
shall be inserted in the notice, before the words : "A DECISION AND ORDER ," the words :
"A Decree of the United States Circuit Court of Appeals Enforcing."
746 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify our employees that:
WE WILL NOT interrogate our employees as to their Union
affiliations.
WE WILL NOT in any like or related manner interfere with, re-
strain, or coerce our employees in the exercise of their right to self-
organization, to form labor organizations, to join or assist Inter-
national Association of Machinists or any other labor organiza-
tion, to bargain collectively through representatives of their own
choosing, and to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection. All our
employees are free to become or remain members of this union, or
any other 1a bor organization.
WE WILL bargain collectively upon request with the above-
named Union as the exclusive representative of all employees in
the bargaining unit described herein with respect to grievances,
labor disputes, wages, rates of pay, hours of employment or other
conditions of employment, and if an understanding is reached,
embody such understanding in a signed agreement. The bargain-
ing unit is:
All production and maintenance employees at the Malakoff,
Texas, plant, including the mechanic, assistant mechanic, and
chief engineer, but excluding truck drivers, office and clerical em-
ployees, and supervisors.
MID-CO GASOLINE COMPANY,
Employer.
By -------------------------------
(Representative ) (Title)
Dated ---------------------------
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.