Mid-Continent Petroleum Corp.

National Labor Relations Board - Board Decisions

Jan 3, 1946

65 N.L.R.B. 113 (N.L.R.B. 1946)

In the Matter Of MID-CONTINENT PETROLEUM CORPORATION and INTER-
NATIONAL BROTHERHOOD OF BOILERMAKERS , IRON SHIPBUILDERS, AND
HELPERS OF AMERICA, A. F. OF L.
Case No. 16-R-1420.-Decided January 3,1946
Mr. Karl H. Mueller , of Fort Worth , Tex., and Messrs . R. H. Wills
and J. P. Greve , of Tulsa, Okla., for the Company.
Mr. Enos E. Boyd, of Tulsa, Okla., for the Boilermakers.
Mr. Philip Licari, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Boiler-
makers, Iron Shipbuilders, and Helpers of America, A. F. of L.,
herein called the Boilermakers, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Mid-Continent Petroleum Corporation, Tulsa, Oklahoma, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Glenn L. Moller,
Trial Examiner. The hearing was held at Tulsa, Oklahoma, on
August 6, 1945. The Company and the Boilermakers appeared and
participated. At the hearing the Company moved to dismiss the
instant petition. For reasons stated in Sections III and IV, infra,
the motion is denied. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Mid-Continent Petroleum Corporation, a Delaware corporation, is
engaged at its Tulsa, Oklahoma refinery in the production, refining,
65 N. L. R. B., No. 27.
113
114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sale, and distribution of petroleum products. Annually, at its Tulsa,
Oklahoma, refinery, the Company produces petroleum products valued
at approximately $1,000,000, of which in excess of 50 percent is
shipped to points outside the State of Oklahoma.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Brotherhood of Boilermakers, Iron Shipbuilders.
and Helpers of America, is a labor organization, affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
?II. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Boilermakers
as the exclusive bargaining representative of certain of its employees,
until the Boilermakers has been certified by the Board in an appro-
priate unit 1
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Boilermakers represents
a substantial number of employees in the unit hereinafter found
appropriate 2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
The Company's Tulsa, Oklahoma, refinery is divided into three
departments, one of which is the mechanical department. In this
department, there is a maintenance section, which is composed of
several shops, including the welding and boiler shops, each under
the supervision of a foreman. The Boilermakers seeks a single unit
i On March 17, 1937, the Company and the International Association of Oil Field Gas
Well and Refinery Workers of America, CIO, herein called the CIO, entered into a contract
terminable upon 30 days' written notice from either party to the other In this contract,
the CIO agreed to represent only those employees sho are its members
Neither the CIO nor the Company urge this contract as a bar to the instant proceedings.
It also appears that in a letter, dated July 13, 1945, sent to the Boilermakers, the CIO
disclaimed all interest in this case
2 The Field Examiner reported that the Boilermakers submitted 33 applications for
membeiship dated between May and July '1945 At the hearing, the Trial Examiner
stated on the record that the Boilermakers submitted 22 additional applications for
membership cards and 2 authorization cards. There were approximately 89 employees in
the alleged appropriate unit.
At the hearing, as well as in Its brief, the Company contended that the Boilermakers
did not make a sufficient showing of interest in the unit it alleged to be appropriate. We
are of the opinion that the Company's contention is without merit.
MID-CONTINENT Y'ETROLEUM CORPORATION 115
of all boilermakers and welders and their respective helpers en-
gaged in the maintenance section of the mechanical department of
the Company's Tulsa, Oklahoma, refinery, including all welders as-
signed to the technical process engineering section, and tank car
repair shop, and the reclamation section, the blacksmith in the boiler
shop, but excluding welders permanently assigned to the pipe shop,
the toolroom employee in the boiler shop, inspectors,a and super-
visory employees. The Company contends, however, that all its
employees working throughout the maintenance section of the me-
chanical department constitute the appropriate unit. In the event
the Board finds that the employees sought by the Boilermakers con-
stitute an appropriate unit, the Company would include all welders
engaged in the Company's garages located throughout the State of
Oklahoma and other States, all departmental laborers permanently
assigned to the welding and boiler shops, and the toolroom employee
engaged in the boiler shop; the Boilermakers would exclude all these
employees from the unit.
Although we do not agree with the Boilermakers that the em-
ployees in both the boiler and welding shops together are a suffi-
ciently homogeneous group to constitute v6 single appropriate unit,
it is clear that each shop is comprised of skilled employees who form
a cohesive and distinct craft group, and that each singly can con-
stitute an appropriate unit for the purposes of collective bargaining.'
Departmental laborers: The Company periodically assigns, on a
permanent basis, to the welding and boiler shops unskilled laborers
who evince a desire to become skilled boilermakers or welders. These
men perform the same work as helpers, and later some of them rise
to more skilled positions in these shops.5 Inasmuch as these depart-
mental- laborers perform the work of helpers, we are of the opinion
that they should be represented as part of the group of which they
are respectively assigned. We shall include them.
Welders assigned to the Company's garagee: The Company has
several garages located throughout the State of Oklahoma and other
States, in which it employs welders. These welders are not a part
6In the boilershop, the Company, occasionally, assigns boilermakers journeymen as
inspectors. While acting in that capacity, a boilermaker has supervisory authority
within our customary definition of that term, and the parties have agreed to exclude from
any unit hereinafter found appropriate boilermakers who are so assigned.
' It appears that all welders and boilermakers and their helpers working throughout the
maintenance section are regularly assigned to the boiler and welding shops, respectively,
except for three welders permanently assigned to the pipe shop. With respect to those
welders assigned to the pipe shop, the Boilermakers have ceded jurisdiction over them to
the Pipe Fitters, Local No. 205, A F. L, which has filed a petition with the Board seeking
to represent all employees in the Company's pipe shop.
6 The Company pursues a policy of assigning unskilled laborers on a permanent basis
to its various shops and thereafter promoting them to skilled positions as they become
more proficient in their work.
116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the welding group sought by the Boilermakers and have no com-
munity of interest with such employees. We shall, therefore, ex-
clude them from the unit of welders hereinafter found appropriate.
Toolroom employees': In the boiler shop, there is a toolroom em-
ployee who is in charge of all tools used by the boilermakers. Inas-
much as the duties and interests of this employee differ substantially
from the employees included in the boilermakers' unit hereinafter
found appropriate, we shall exclude him.
We find that the following groups each constitutes an appropriate
unit for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
(1) All the Company's Tulsa, Oklahoma, refinery boilermakers
and their helpers assigned to the boiler shop, including departmental
laborers permanently assigned to that shop and the blacksmith, but
excluding the toolroom employee, inspectors, the foreman, assistant
foremen, shift foremen, and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action.
(2) All the Company's Tulsa, Oklahoma, refinery welders and
their helpers assigned to the welding shop, including departmental
laborers, welders assigned to the technical process engineering sec-
tion, the tank car repair shop and the reclamation section, but ex-
cluding the welders permanently connected with the pipe shop and
the garages, the foreman, assistant foremen, shift foremen, and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in 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.
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 III, 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 represent-
atives for the purposes of collective bargaining with Mid-Continent
MID-CONTINENT PETROLEUM CORPORATION 117
Petroleum Corporation, elections by secret ballot shall be conducted
as early as possible, but not later than sixty (60) 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
1,._- National Labor Relations Board, and subject to Article III,
Sections 10 and 11, of said Rules and Regulations, among employees
in the units found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately preceding the date of
this Direction, including employees who did not work during said
pay-roll period because they 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
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the elections,
to determine whether or not they desire to be represented by Inter-
national Brotherhood of Boilermakers, Iron Shipbuilders, and Help-
ers of America, A. F. of L., for the purposes of collective bargaining.