Phillips Petroleum Co.

National Labor Relations Board - Board Decisions

Oct 31, 1945

64 N.L.R.B. 658 (N.L.R.B. 1945)

In the Matter of PHILLIPS PETROLEUM COMPANY and INTERNATIONAL
UNION OF OPERATING ENGINEERS, A. F. L., LOCAL 626
Case No. 16-R-1385.-Decided October 31, 1945
Mr. Ed. Waite Clark, of Bartlesville , Okla., for the Company.
Mr. H. R. Shepard, of Borger , Tex., for the Union.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Operating
Engineers , A. F. L., Local 626, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Phillips Petroleum Company, Bartlesville , Oklahoma,
herein called the Company , the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before William J.
Scott , Trial Examiner . Said hearing was held at Bartlesville, Okla-
homa, on July 24, 1945 . The Company and the Union appeared and
participated .' All parties 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 an opportunity 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
Phillips Petroleum Company, a Delaware corporation, having its
principal operating office at Bartlesville, Oklahoma, is engaged in the
production, refinement, sale, and distribution of petroleum products
in 22 States of the United States. This proceeding concerns certain
employees of the Company's Denoya and Reserve gasoline plants, both
located in Oklahoma, where the Company refines finished petroleum
products. During the month of June 1945 the Company produced at
1 Although a copy of the notice of hearing was served upon The "66" Guild and Asso-
ciated Oil Field Workers , they failed to appear and participate in the hearing.
64 N. L. R. B., No. 112.
658
PHILLIPS PETROLEUM COMPANY 659
these plants finished products valued at approximately $263,274.68.
During the same period it shipped from these plants to points outside
the State of Oklahoma finished products valued at approximately
$109,931.19. ,
The Company admits that it is engaged in interstate commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union of Operating Engineers , Local 626 , affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
On May 31, 1945, the Union sent a telegram to the Company re-
questing recognition as bargaining representative of the employees
at the Denoya and Reserve gasoline plants. The Company answered
on the same day stating that it would not recognize the Union in the
absence of certification by the Board.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union 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 UNIT
We find in substantial accordance with the agreement of the parties
that all employees at the Company's Denoya and Reserve gasoline
plants located near Webb City and Fairfax, Oklahoma, excluding
clerical, technical, and administrative employees and all supervisory
employees with authority to hire, promote, discharge, discipline, or
2 The Field Examiner reported that the Union submitted 55 authorization cards 5z
of which contained signatures of persons whose names appeared on the Company's pay
roll of June 1, 1945, and 28 of the cards were dated in April 1945, and 19 were dated
in May 1945 and 5 were undated ; that there are approximately 95 persons in the appropriate
unit.
The Company contends that an election should not be conducted now because the Union
lost an election among the employees involved here in November 1944. However in view
of the Union ' s prima facie majority showing and the fact that nearly a year has elapsed
since the last election we find no merit in this contention . As we have pointed out
many times , a union is not required to prove by legal evidence at the hearing in a pro-
ceeding under Section 9 (c) of the Act the number of employees it represents ; but only
to exhibit to the Board' s administrative agents, who duly report thereon to the Board,
a showing in support of its representation claims sufficient to warrant further investiga-
tion via the hearing and an election . See Matter of Buf alo Arms Corporation, 57 N. L.
A. B. 1560 , Matter of Amos-Thompson Corporation , 49 N. L R. B. 423 ; Matter of Bake-
lite Corporation , 60 N L R B 318
660 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
otherwise effect changes in the status of employees or effectively
recommend such action, constitute a unit appropriate for the pur-
poses 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tions herein, subject to the limitations and additions set forth in the
Direction.3
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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, an election 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 mat-
ter as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit 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 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 election,
to determine whether or not they desire to be represented by Interna-
tional Association of Operating Engineers, Local 626, affiliated with
the American Federation of Labor.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
8 The Company 's repairmen are presently undergoing training in mechanical maintenance
This is only a temporary assignment and the repairmen are considered as regular employees
in the unit . We shall therefore permit them to vote even though they may be on such
temporary assignment. °