Phillips Petroleum Co.

National Labor Relations Board - Board Decisions

Apr 28, 1945

61 N.L.R.B. 806 (N.L.R.B. 1945)

In the Matter of PHILLIPS PETROLEUM COMPANY and INTERNATIONAL
UNION Or OPERATING ENGINEERS, LOCAL No. 351, A. F. L.
In the Matter of PHILLIPS PETROLEUM COMPANY and INTERNATIONAL
UNION OF OPERATING ENGINEERS, LOCAL No. 351, A. F. L.
In the Matter of PHILLIPS PETROLEUM COMPANY and OFFICE EMPLOY-
EES TJNION, LOCAL No. 23740, A. F. L.
Cases Nos. 16-R-1160, 16-R-1178, and 16-R-1183, respectively,
Decided April 28,1945
Mr. R. S. Trippett, of Amarillo, Tex., Messrs. R. M. Wallace, J. M.
Perkins, J. W. Barber, and T. L. Cubbage, of Borger, Tex., and Messrs.
Wallace Williams, Martin Studebaker and E. H. Damon, of Bartles-
ville, Okla., for the Company.
Messrs. H. R. Shepherd and Cortez York, of Borger, Tex., and Mr.
Bert Rider, of Phillips, Tex., for Local 351.
Messrs. H. R. Shepherd and Jack Smith, of Borger, Tex., for Local
23740.
Mr. Thomas A. Ricci, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Union of Oper-
ating Engineers, Local No. 351, A. F. L., herein called Local 351, and
Office Employees Union, Local No. 23740, A. F. L., herein called Local
23740, alleging that questions affecting commerce had arisen concern-
ing the representation of employees of Phillips Petroleum Company,
Bartlesville, Oklahoma, herein called the Company, the National
Labor Relations Board consolidated the cases and provided for an
appropriate hearing upon due notice before Earl Saunders, Trial
Examiner. Said hearing was held at Amarillo, Texas, on February 28
and March 1, 1945. The Company, Local 351, and Local 23740 ap-
peared and participated. All parties were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to 'introduce
61 N. L. R. B, No. 129.
806
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PHILLIPS PETROLEUM COMPANY 807
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 opportunity to file briefs with the Board.
Subsequent to the hearing, the Company filed a petition with the
Board to reopen the hearing with respect to Case No. 16-R-1160, for
the purpose of adducing additional testimony concerning the duties
of its water system subforeman, who it contends should be excluded as
a supervisory employee from the bargaining unit requested by Local
351. By letter dated March 23, 1945, Local 351 advised the Board
that it no longer requests the inclusion of the water system subfore-
man. In view of this apparent agreement of the parties to exclude
the employee in question, we find it unnecessary to reopen the hearing
in Case No. 16-R-1160.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Phillips Petroleum Company, a Delaware corporation, has its
principal office at Bartlesville, Oklahoma, and maintains branch
offices and plants in various States, where it is engaged in the pro-
duction, refining, sale, and distribution of petroleum products. This
proceeding solely concerns employees in the Company's Panhandle
District-Production, Texas, its Phil-Black Carbon Plant, Borger,
Texas, and its Plains Plant, also in Borger, Texas.
The Panhandle District-Production is a crude oil development and
production operation, extending over an area 150 miles long and 20
miles wide through the counties of Wheeler, Gray, Carson, Hutchin-
son, Moore, and Hartley. During the year 1944, this district produced
crude oil valued at approximately $2,744,000. The oil was sold to the
Standish Pipe-line Company, which in turn delivered it to refineries of
the Danciger Oil and Refining Company, the Shamrock Oil and Gas
Company, the Phillips Petroleum Company, and the Pace Refining
Company. During the same period this district used equipment,
valued at approximately $75,000, which was purchased from points
outside the State of Texas.
The Company's Phil-Black Carbon Plant is engaged in the pro-
duction of high modulus black, an ingredient of synthetic rubber.
During the year 1944, the plant consumed supplies and materials
valued at approximately $300,000, of which 25.83 percent was re-
ceived from points outside the State of Texas. During the same
period the plant's finished products were valued at approximately
$889,050, of which 99.65 percent was shipped to points outside that
State.
808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Plains Plant produces butadiene and butalene, essential ele-
ments in the manufacture of synthetic rubber. Butane, the raw
material used in this plant, is obtained from a nearby plant of the
Company. During the year 1944, the Plains Plant used repair parts
and supplies valued at approximately $3,878,000, of which more than
25 percent was received from points outside the State of Texas. All
the butadiene produced is sold to Goodyear Tire and Rubber Com-
pany which operates a plant in Texas leased by the Rubber Reserve
Corporation. All the butalene produced at the Plains Plant is sold
to nominees of the Defense Supplies Corporation, and of the total
output of this product during the years 1944 and 1945, a quantity
valued at $150,000 was delivered to points outside the State of Texas.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANLZATIONS INVOLVED
International Union of Operating Engineers, Local No. 351, and
,Office Employees Union, Local No. 23740, both affiliated with the
American Federation of Labor, are labor organizations admitting to
membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
By letter dated December 11, 1944, Local 351 demanded recognition
from the Company as the exclusive bargaining representative of all
production employees of the Panhandle District-Production, and by
letter dated January 7, 1945, it demanded similar recognition from
the Company for all operation and maintenance employees of the Phil-
Black Carbon Plant. By letter dated January 2, 1945, Local 23740
demanded recognition from the Company as the exclusive bargaining
representative of all office and clerical employees in the Plains Plant.
The Company refused to grant the recognition sought until either of
the unions is certified by the Board in an appropriate unit.
Statements of a Board agent, introduced into evidence at the hear-
ing, indicate that Local 351 and Local 23740 represent a substantial
number of employees in each of the units hereinafter found
appropriate
'The Field Examiner reported that in Case No. 16-R-1160, Local 351 submitted 45
authorization cards and that the names of 41 persons appearing on the cards were listed
on the Company's pay roll of December 27, 1944, which contained the names of 107 em-
ployees in the alleged appropriate unit. At the hearing Local 351 submitted 1 additional
authorization card signed by a person then in the Company 's employ
The Field Examiner further reported that in Case No. 16-R-1178 , Local 351 submitted
65 authorization cards, and that the names of 60 persons appearing on the cards were listed
on the Company 's pay roll for the period ending January 18, 1945, which contained the
names of 77 employees in the alleged appropriate unit At the hearing Local 351 submitted
PHILLIPS PETROLEUM COMPANY 809
We find that questions affecting commerce have 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 Panhandle District-Production
Case No. 16-8-1160
We find, in accordance with the agreement of the parties, that all
production employees of the Company's Texas Panhandle District-
Production, including unit drivers, plant and system engineers, field
mechanics, field mechanic helpers, welders, resident oil pumpers,
roustabouts, well service roustabouts, junior roustabouts, resident
water station operators, and truck drivers, but excluding janitors,
technical and clerical employees, the district superintendent, the
assistant district superintendent, water system superintendents, well,
servicing superintendents, lease foremen, maintenance foremen, me-
chanical foremen, water system foremen, technical men,' subforemen,
and all other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the Act.
The Phil-Black Carbon Plant
Case No. 16-8-1178
We find, in accordance with the agreement of the parties, that all
operating and maintenance employees of the Company's Phil-Black
Plant, including unit operators, dustless operators, welders 1st class,
welders, plant (combination), electricians 2nd class, carpenters 2nd
class, bricklayers 2nd class, mechanics 1st class, mechanics 2nd class,
and laborers, but excluding clerical and technical employees, the junior
chemist, the associate engineer, the relief shift foreman, shift foremen,
6 additional authorization cards, 4 of which bore names of persons then employed by the
Company.
The Field Examiner also reported that in Case No 16-R-1183, Local 23740 submitted
16 authorization cards, and that the names of 10 persons appearing on the cards were listed
on the Company 's pay roll of January 15, 1945, which contained the names of 46 employees
in the alleged appropriate unit After the close of the hearing, Local 23740 submitted to
the Trial Examiner 4 additional authorization cards , all of which bore apparently genuine
signatures of persons then in the Company's employ
2 This classification includes oil treating engineer , assistant oil treating engineer, asso-
ciate engineer, junior engineer , and apprentice engineer . Their duties include special treat-
ments of oils , study of secondary oil recoveries and pressure maintenance , and installation
of oil treating equipment . The parties agree to exclude these employees as specially trained
technical men whose duties diffdr from those of the employees sought by Local 351.
810 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
,the plant foreman, the plant superintendent, 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, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
Act.
The Plains Plant
Case No. 16-R-1183
Local 23740 requests a unit of all office and clerical employees at
the Company's Plains Plant, excluding technical and confidential em-
ployees, janitors, plant-protection employees, and all supervisory per-
sonnel. The Company agrees to the composition of the requested
unit, but disagrees with Local 23740 with respect to a number of em-
ployees whom it claims are supervisory, confidential, or technical em-
ployees and thus should be excluded, whereas Local 23740 asserts the
contrary.'
In the Plains Plant, employees doing office or clerical work are not
grouped within a separate and distinct department and are not under
common supervision. They work singly or in groups in the respec-
tive offices of the following departments : Industrial Relations, Office,
Maintenance, Operations, and Engineering and Laboratory. Some
work under subordinate supervisors and others directly under depart-
ment heads. We shall discuss only those employees in dispute.
Industrial Relations Department : The Company would exclude
seven employees (including typists, clerks, stenographers and secre-
taries) in the Personnel, Personnel Records, Job and Wage Evalu-
ation, Job Training, Safety and Plant Protection divisions of the
Industrial Relations Department, as confidential employees. In the
course of their duties they prepare correspondence between the Com-
pany and the National War Labor Board, the National Labor
Relations Board, the War Manpower Commission, Selective Service,
and other governmental agencies. They also work upon records re-
lating to the Company's labor relations policy, employment, inter-
views, promotions, discharges, discipline, and job evaluations. Inas-
much as these employees have access to matters relating to the Com-
pany's labor relations policy in the regular course of their work, we
shall exclude them from the unit. - °
The Company would also exclude as confidential employees, a
specialist clerk and an associate clerk in the Community Facilities
Division of the Industrial Relations Department. It also urges that
the specialist clerk be excluded as a supervisory employee. These
clerks keep the accounting records for two government-owned apart-
ment developments housing Company employees. The associate clerk
PHILLIPS PETROLEUM COMPANY 811
does most of the typing and filing while the specialist clerk interviews
applicants for apartments and inquires into their eligibility, with re-
spect to O. P. A. and F. P. H. A. regulations. While the duties of
the specialist clerk are less routine and involve a greater degree of
skill and judgment, both clerks do similar work and neither of them
has access to matters relating to the Company's labor relations policy.
Although the Company stated that it would give serious consideration
to recommendations of the specialist clerk in matters of discipline or
promotion affecting the associate clerk, both of them are hourly paid
and work under the Community Facilities Manager. Under these
circumstances, we are of the opinion that the specialist clerk and the
associate clerk are not confidential employees and that the specialist
clerk does not have sufficient indicia of supervisory authority to mark
him as a supervisory employee within the meaning of our usual defi-
nition. We shall, therefore, include both of them in the unit.3
Office Department-Mail, Stationery, and Blueprint Section-
Section Head :
The Company would exclude this Section Head as a supervisory
employee. She is classified as a junior clerk and supervises six em-
ployees, including apprentice clerks and office machine operators. As
a group they receive, distribute and dispatch mail, receive, store and
distribute stationery and office supplies, and make blueprints from
tracings supplied by the Engineering Department. The Section Head
directs the work of her section and makes specific assignments to her
subordinates. She has power to make effective recommendations con-
cerning the hiring, discharge, and discipline of employees under her
supervision. We find that she is a supervisory employee within the
meaning of our usual definition, and we shall exclude her.
Telephone Section: There are two telephone switchboard operators
who also operate a P. B. X. system and handle Western Union mes-
sages. Both are classified as Senior P. B. X. Operators and are paid
about equal wages. The Company contends they should be excluded
as confidential employees because it is possible for them to overhear
confidential telephone conversations and read confidential telegraph
messages. We find no merit to this contention.' One is designated
3 With respect to the Community Facilities Manager, the record does not indicate the
position of the parties concerning his inclusion or exclusion In its brief, the Company
urges his exclusion as a supervisory employee Inasmuch as the record indicates that he
is a "manager ," we shall exclude him
The Company plans to enlarge this Division, adding two clerical employees, and reclassi-
fying the present rental office supervisor to the position of Section Head. It states that
the duties of the new Section Head will be to supervise the work of the entire group and
requests his exclusion as a supervisory employee . Local 23740 did not state its position
with respect to this proposed Section Head, but it appears that he will have duties similar
to those of other Section Heads whom the pas ties have agreed to exclude we shall exclude
him from the unit
4 See Matter of General Cable Corporation, 55 N. L R B 1143.
812 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as the Section Head and has been instructed to report matters requir-
ing disciplinary action for the other to their supervisor, the Coordina-
tor Analyst. Although the Compaizy states that there is less super-
vision required in the Telephone Section than anywhere else in the
plant, it also urges that its Section Head be excluded as a supervisory
employee. We do not believe that this Section Head exercises suffi-
cient authority to be classed as a supervisory employee within our
usual definition, and we shall, accordingly, include both telephone
switchboard operators in the unit.
Library Section : An associate clerk, who acts as Chief Librarian,
and an apprentice typist work in this section. The Company urges
that both be excluded as confidential employees. The library is, in
fact, a central filing department for all the Company's records, reports,
and correspondence ; the custody and distribution of books is a sec-
ondary function. The material filed here includes "restricted" and
"confidential" governmental statements, F. B. I. investigation reports,
personnel records of employees, plans for personnel and organiza-
tional, changes within the Company, and similar matter. Under these
circumstances, we find that the associate clerk and the apprentice
typist in the Library Section are confidential employees and we shall
exclude them from the unit.
Maintenance Department: The Company would exclude the secre-
tary to the Maintenance Department Superintendent as a confidential
employee, and, as a supervisory employee, an associate accountant
who, as Section Head, supervises about 6 clerks and typists assigned to
the office of that department. The Maintenance Department Super-
intendent supervises about 300 employees and conducts investigations
which involve the discipline and discharge of such employees. His
secretary takes notes on the course of these investigations, transcribes
them, and files the completed reports. We shall exclude her as a
confidential employee.
The associate accountant and the employees under his supervision
constitute the Maintenance Control Section of the Maintenance De-
partment. They accumulate cost information, allocate a break-down
of costs to particular repair or new construction projects through the
plant, prepare cost estimates of proposed construction, and keep time
records for maintenance employees. The Section Head or associate
accountant exercises a considerable degree of judgment and discre-
tion in supervising the work of other employees and is paid a salary
while the clerks and typists do routine clerical work and are hourly
paid.. He has power, effectively to recommend promotions, discipline,
and salary changes in his section. It is clear that this Section Head
is a supervisory employee within the meaning of our usual definition,
and we shall, accordingly, exclude him from the unit.
PHILLIPS PETROLEUM COMPANY 813
Operations Department: The Company would exclude, as confi-
dential employees, the secretary and the personnel assistant to the
Process Superintendent, who supervises the entire Operations De-
partment, encompassing about 200 employees. The Process Superin-
tendent handles personnel problems similar to those arising in the
office of the Maintenance Department Superintendent. He also sched-
ules working hours, assigns employees to different shifts, approves
vacation applications, and replaces absentees. His secretary makes
routine records of these matters as they arise. The personnel as-
sistant relieves the Process Superintendent of some of his duties in
personnel matters. He also interviews employees seeking leaves of
absence for illness or other personal reasons. The Company's Indus-
trial Relations Director testified that this employee's work "is 100
percent personnel work." Under these circumstances, we are of the
opinion that both the secretary and the personnel assistant to the
Process Superintendent are confidential employees, and we shall
exclude them from the unit.
Engineer and Laboratory Department: The chief Processing Engi-
neer and Chemist is in charge of this department and supervises about
100 employees, most of whom are professional chemists and engineers.
The Company urges that his secretary be excluded as a confidential
employee. The Company's Industrial Relations Director testified
that she does the same kind of confidential personnel work as do the
secretaries to the Maintenance Department Superintendent and the
Process Superintendent. Accordingly, we shall exclude her from the
unit.
We find that all clerical and office employees 5 at the Company's
Plains Plant, including the stenographer in the Bunavista Business
Center, telephone switchboard operators, and the specialist clerk and
the associate clerk in the Community Facilities Division of the Indus-
trial Relations Department, but excluding technical and confidential
employees, janitors, plant-protection employees, all clerks, typists,
stenographers, and secretaries in the following divisions of the Indus-
trial Relations Department : Personnel, Personnel Records, Job and
Wage Evaluation, Safety and Plant Protection, the Manager and the
Section Head, both in the Community Facilities Division of the Indus-
trial Relations Department, the Section Head (junior clerk) of the
Mail, Stationery and Blueprint Section of the Office Department, the
3 The Company classifies its office and clerical employees under the following specific
job titles : apprentice clerk , junior clerk , associate clerk, senior clerk, specialist clerk,
apprentice office machine operator , junior office machine operator , associate office machine
operator , senior office machine operator , junior P . B X. operator , senior P. B. X operator,
apprentice typist, junior typist, associate typist, senior typist , junior stenographer , senior
stenographer, junior secretary , and senior secretary. The parties intend to include all
employees having the foregoing job titles except those in dispute , who have been discussed
above.
639678-45-vol. 61-53
814 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Chief Librarian ( associate clerk) and the apprentice typist in the
Library Section of the Office Department, the Section Head in the
Warehouse Section of the Office Departments the secretary to the
Maintenance Department Superintendent, the Section Head ( associ-
ate accountant) of the Maintenance Control Section of the Mainte-
nance Department, the secretary and the personnel assistant to the
Process Superintendent, the secretary -to the Chief Processing Engi-
neer and Che*nist, all employees in the classifications listed in Appen-
dix "A" attached hereto, 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, 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 questions concerning representation which
have arisen be resolved by separate elections by secret ballot among the
employees 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 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 representa-
tives for the purposes of collective bargaining with Phillips Petroleum
Company, Bartlesville, Oklahoma, separate 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 super-
vision of the Regional Director for the Sixteenth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the three units found appropriate in
Section IV, above, who were employed 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
6 The Company plans to fill this position in the future It appears that the employee who
will hold the position will exercise the same authority now possessed by other Section
Heads whom the parties agree to exclude.
PHILLIPS PETROLEUM COMPANY 815
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 elections, to determine :
1. Whether or not the employees in the first unit described in Sec-
tion IV, above (Panhandle District-Production), desire to be repre-
sented by International Union of Operating Engineers, A. F. L.,
Local No. 351, for the purposes of collective bargaining;
2. Whether or not the employees in the second unit described in
Section IV, above (Phil-Black Carbon Plant), desire to be repre-
sented by International Union of Operating Engineers, A. F. L., Local
No. 351, for the purposes of collective bargaining; and
3. Whether or not the employees in the third unit described in Sec-
tion IV, above (Plains Plant), desire to be represented by American
Federation of Labor Office Employees Union, Local No. 23740, for
the purposes of collective bargaining.
APPENDIX "A"
Employees excluded by agreement :
1. Secretary to the Plant Superintendent
2. Office assistant to the Plant' Superintendent
Industrial Relations Department
3. Secretary to Industrial Relations Director
4. Secretary to Personnel Director and Superintendent of
Plant Production
5. Hospital Business Manager
6. Interviewer and Labor Procurer (Personnel Assistant)
7. Training Supervisor (Senior Engineer)
8. Supervisor of Personnel Records (Personnel Assistant)
Office Department
9. Secretary to Coordinator Analyst
10. Section Head in Pay-roll Section
11. Section Head in Analytical Section
12. Section Head in Cost Section
13. Section Head in Process Accounting Section
14. Section Head in Stenographic Pool
Warehouse Department
15. Material Interviewer