Phillips Petroleum Co.

National Labor Relations Board - Board Decisions

Feb 13, 1946

65 N.L.R.B. 1027 (N.L.R.B. 1946)

In the Matter of PUILLIPS PETROLEUM COMPANY and OIL WORKERS
INTERNATIONAL UNION, C. I. O.
Case No. 16-R-1532.-Decided February 13, 1946
Mr. Ed Waite Clark, of Bartlesville, Okla., for the Company.
Mr. W. F. Noell, of Fort Worth, Tex., for the Union.
Mr. Charles B. Slaughter, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT Or THE CASE
Upon a petition duly filed by Oil Workers International Union,
C. I. 0., 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 provided for an
appropriate hearing upon due notice before William J. Scott, Trial
Examiner. The hearing was held at Fort Worth, Texas, on Decem-
ber 20, 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, af-
forded 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
Phillips Petroleum Company, a Delaware corporation, has its prin-
cipal office at Bartlesville, Oklahoma, and maintains branch offices and
plants in various States where it is engaged in production, refining,
sale, and distribution of petroleum products.
This proceeding concerns solely employees in the Company's Breck-
enridge,'Texas, District Gasoline Department. The department oper-
ates gas wells, manufactures, and delivers gasoline to various indus-
65 N. L. R. B., No. 183.
1027
1028 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
trial concerns. During the month of October 1945, the Company
shipped outside the State of Texas more than 20,000 gallons of gaso-
line, which is approximately 30 percent of the district's production for
that month.
The Company admits that it is engaged in commerce within the
meaning of the -National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Oil Workers International Union is a labor organization affiliated
with,the Congress of Industrial Organizations , admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until such time
as the Union is certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
At the hearing the parties agreed that the appropriate unit con-
sists of all production and maintenance employees of the Company's
gasoline plants in the Breckenridge District, excluding stenographers,
;janitor, and clerical, technical, administrative, and supervisory
em loyees.
We find that all production and maintenance employees of the
Company's gasoline plants in the Breckenridge District, excluding
stenographers, janitor, and all technical, clerical, administrative, and
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or ef-
fectively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
1 The Field Examiner reported that the Union submitted 56 cards, bearing the names of
53 employees listed on the Company ' s pay roll of October 15 , 1945, and that 5 of the
cards were dated in July 1945, 32 in September 1945, 1 in October 1945, and that 15 were
undated.
There are approximately 88 employees in the appropriate unit.
PHILLIPS PETROLEUM COMPANY 1029
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 ELECTION
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, 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
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among 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 Oil Workers International Union, affiliated with the C. I. 0., for
the purposes of collective bargaining.