The Arkansas Fuel Oil Co.

National Labor Relations Board - Board Decisions

Jun 4, 1943

50 N.L.R.B. 96 (N.L.R.B. 1943)

In the Matter of TI-IE ARKANSAS FUEL OIL COMPANY and OIL,
WORKERS INTERNATIONAL UNION, CIO
Case No. R-5417.-Decided June 4, 194
-Mr. H. L. Campbell, of Fort Worth, Tex., for the Union.
,Mr. David V. Easton, of,counsel to the Board.
DECISION '
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Oil Workers International
Union, CIO, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Arkansas Fuel Oil Company, Shreveport, Louisiana, herein.
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Lindsay P.
Walden, Trial Examiner. Said hearing was held at Longview, Texas,
on May 21, 1943. The Union appeared and participated? All par-
ties 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Arkansas Fuel Oil Company, a West Virginia corporation, is
engaged in the production and refining of petroleum and petroleum
products, and the marketing of petroleum, petroleum products, tires,
'tubes, and accessories, as well as the manufacture ands marketing' of
natural gasoline. For these purposes 'the Company owns and operates
1 Although served with notice of the hearing , the Company did not enter a formal
appearance.
5O N. L. R. B, No. 22.
96 ,
THE ARKANSAS FUEL OIL COMPANY 97
oil plants.and -properties in various States. We are concerned herein
with the Company's operation of what is known as the "East Texas
Oil Field," herein called the Field. The Company in the 6 months
prior to the hearing herein produced 1,320,000 barrels of crude oil,
from the 545 wells in the Field, valued at approximately $1,782,000,
substantially all of which was shipped through pipe lines to refineries
located at points outside the State of Texas, and principally through
the pipe lines of the Arkansas Pipe Line Company, a wholly -owned.
subsidiary of the Arkansas Gas Corporation which also owns the
Company herein. In view of the foregoing we find that the Company
is engaged in the manufacture, distribution, and sale of ice at plants
Relations Act.
II. THE ORGANIZATION INVOLVED
Oil Workers International Union, affiliated with. the Congress of
Industrial Organizations, is a labor organization 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 the production employees
,of the Company until the Union has been certified by the Board
in an appropriate unit.
A statement of the Field Examiner, 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 0 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the amended petition of the Union,
again amended at the hearing herein, to which the Company made
no objection, that all ' production `employees of the Company in what
is known as "The East Texas Oil Field," excluding gang pushers,
foremen, assistant foremen, and 'other supervisory personnel, clerical
and technical employees, and watchmen constitute ,a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
The Field Examiner reported that the Union submitted 10 designations cards, and a
petition containing 18 signatures , all signatures being apparently genuine and original;
and that the names of all persons appearing on the cards and the petition were listed on
the Company's pay roll of March 28, 1943 , which contained the names of 51 employees
in the appropriate unit.
98 DEGISIIONS OF NATIONAL LABOR RtEI ,ATLON BOAIRD
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-
tion 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 2, as amended, it is
hereby _
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Arkansas Fuel
Oil Company, Shreveport, Louisiana, 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 sub-
ject to Article III, Section 10, 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, to determine whether or not they desire to
be represented by Oil Workers International Union, affiliated with
the Congress of Industrial Organizations,, for the purposes of col-
lective bargaining.