65 N.L.R.B. 1413 (N.L.R.B. 1946)

Phillips Petroleum Co.

National Labor Relations Board - Board DecisionsFeb 26, 1946

65 N.L.R.B. 1413 (N.L.R.B. 1946)

In the Matter of PHILLIPS PETROLEUM COMPANY and- INTERNATIONAL UNION OF OPERATING ENGINEERS, A. F. L. Case No. 16-R-14193.-Decided February 06, 1946 Messrs. Ed. Waite Clark, J. H. Pierce, and bliss Darlene Anderson, of Bartlesville, Okla., for the Company. Mr. H. R. Shepherd, of Oklahoma City, Okla., for the A. F. L. Messrs. L. L. Pugh, W. C. Hoyle, and J. C. Short, of Oklahoma City, Okla., for the Independent. Mr. Phil E. Thompson, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TIIE CASE Upon a petition duly filed by International Union of Operating Engineers, A. F. L., herein called the A. F. L., alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Phillips Petroleum Company, Oklahoma City, 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. The hearing was held at Oklahoma City, Oklahoma, on January 4, 1946. The Company, A. F. L., and Material Division Purchasing Department, Oklahoma City District Independ- ent Union, hereinafter called the Independent, appeared and partici- pated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing,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 The Company is a Delaware corporation with its principal operating office in Bartlesville, Oklahoma. It maintains branch offices in various 65 N. L. R. B.. No. 232. 1413 1414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD States, where it is engaged in the production, refining, and distribution of petroleum products. This proceeding is concerned solely with the. Company's employees in its Oklahoma City warehouse, which is a division of the purchasing department and is maintained as a general warehouse account serving primarily the Company's oil and gas production department, and the oil pipe-line department. Material is carried in the stock for the operation of these departments. This division also serves as a stock warehouse point for excess material brought in from districts other than Oklahoma City. Merchandise received annually at this ware- house is valued in excess of $200,000, and approximately 90 percent is shipped thereto from outside the State of Oklahoma. Approx- imately 15 percent of the total shipment from the warehouse is made 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. II. TILE ORGANIZATION INVOLVED International Union of Operating Engineers is a labor organization, affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. Material Division Purchasing Department, Oklahoma City District Independent Union, is a labor organization, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the A. F. L. as the exclusive bargaining representative of its employees until it has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that A. F. L. 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 meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial accord with an agreement of the parties, that all employees in the Company's material and warehouse depart- ment, Oklahoma City, Oklahoma, excluding clerical, technical, and ' The Field Examiner reported that the A . F. L submitted 26 cards, bearing the names of 26 employees . listed qn the Company ' s pay roll of October 31, 1945 . The Independent relies on its contract to establish its interest in this proceeding . There are approximately 44 employees in the appropriate unit. PHILLIPS PETROLEUM COMPANY 1415 all 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 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 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 Petro- leum Company, Oklahoma City, 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, act- ing 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 Sec- tion IV, above, who were employed during the pay-roll period im- mediately 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 rein- stated prior to the date of the election, to determine whether they desire to be represented by International Union of Operating Engi- neers, affiliated with the American Federation of Labor, or by Mate- rial Division Purchasing Department, Oklahoma City District Inde- pendent Union, for the purposes of collective bargaining, or by neither.