The Ohio Oil Co.

National Labor Relations Board - Board Decisions

Aug 31, 1944

57 N.L.R.B. 1811 (N.L.R.B. 1944)

In the Matter of THE OHIO OIL COMPANY and OIL WORKERS INTER-
NATIONAL UNION, CIO
I
Case No. 14-R-852
SUPPLEMENTAL DECISION
August 31,1944
On May 2, 1944, pursuant to the results of an election directed by
the Board in the above-entitled proceeding,' the Union was certified
as the exclusive bargaining representative of "all production, and
maintenance employees of The Ohio Oil Company, Bridgeport, Illi-
nois, in `District 9,"District 10,'the `new field,' and,the `machine shop,'
but excluding clerical and supervisory employees with authority to
hire, promote, discharge, discipline or otherwise effect changes in- the
status of employees, or effectively recommend such action." There-
after, on August 2, 1944, Oil Workers International Union, CIO,
herein called the Union, filed with the Board a petition alleging that
it and The,Ohio Oil Company, herein called the Company, were un-
able to agree on the scope of the unit heretofore found appropriate
by the Board and requesting the Board to resolve the dispute by clar-
ifying its description of the appropriate bargaining unit. On April
17, 1944, the Company filed a reply to the Union's petition.
The issue thus raised by the parties concerns the definition ,of the
term "new field" employed by the Board in its description of the
appropriate-unit.
The Union contends that the term "new field" as used in the Board's
description of the appropriate unit embraces a geographical area,
covering all of southern Illinois, except the area occupied by the "old
field." Thus, argues the Union, any new oil production operations,
started by the Company within this area would automatically be
within the appropriate unit.
The Company contends that, by employing the term "new field" in
the description of the appropriate unit, the Board meant only to,
include within. the bargaining unit those pools in the southwestern
part of Illinois currently operated by the Company and consequently
any new pools subsequently opened up would not be included. It
1 55 N. L. R. B. 705.
57 N. L R . B., No. 305.
1811
1812 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
argues that, if the Union's request is granted, persons who may in
the future be employed in entirely new operations of the Company
would be deprived of their right of free choice under the Act to deter-
mine their bargaining representative.
SUPPLEMENTAL FINDINGS OF `FACT
A careful reexamination of the record reveals that the Company
is engaged in the business of producing, refining; transporting and
marketing oil and petroleum in 18 States. The Company's oil produc-
tion operations are divided into large geographical areas known as
divisions. One of the divisions, part of which is involved in this pro-
ceeding, is called the Illinois and Western Indiana Division. It has
its office in Marshall,JIllinois, and includes generally all of southern
Illinois and that part of southwestern Indiana which borders on Illi-
nois. This division is comprised of several smaller operational divi-
sions, one of which is the Bridgeport Division. The portion of the
Illinois and Western Indiana Division lying in Illinois is also divided
into 2 geographical areas, one known as the "old field operations,"
which is comprised of the established oil producing operations of the
'Company located in southeastern Illinois, and another known as the
"new field," which includes the operations of the Company at rela-
tively recently discovered "pools" or oil fields scattered throughout
southwestern Illinois. The Bridgeport Division is composed of part of
the "old field" and all of the "new field." It, in turn, is divided into
operational units known as districts. It is composed of District 9 and
District 10, both of which are in the "old field," and the "Basin Dis-
,trict," which is another term used to describe the "new field." 2 The
Bridgeport Division is under the direct supervision of a' Division
Superintendent. Each of the aforesaid districts which comprise the
Bridgeport Division is under the supervision of a District Superin-
tendent. Each district is composed of a number of operational units
called "farms" or "pools,".whose boundaries are delineated by the oil
° leases owned by the Company. The employees working on a "farm"
are supervised by a farm foreman. The Division Manager of the Com-
pany who is in charge of the Illinois and Western Indiana Division
described the "new field" geographically as a comparatively large area
of approximately 100 by 150 miles composed of widely scattered farms -
or pools. The record also reveals that there are approximately 600
employees currently working in the "old field" and that of the 75 em-
ployees employed at present in the "new field," approximately 80 per-
cent was transferred from the "old field." It appears that the Com-'
pany follows the practice of transferring employees to the "new field"
from declining operations in the "old field."
2 The "machine shop" is also part of the Bridgeport Division.
THE OHIO OIL COMPANY 1813
Upon the basis of the foregoing facts and upon the entire record in
the case, we find that the term "new field" defines a geographical area
in southern Illinois embracing all of the Bridgeport Division, except
"District 9," "District 10," and the "machine shop," and that its scope
not only includes the present operations, but also future operations of
the Company within this geographical area. However, since the "new
field," as an operational unit, is now in the process of development and
expansion, it is possible that the number of, production and mainte-
nance employees in the Bridgeport Division may be materially in-
creased within a comparatively short time. In view of these circum-
stances, we shall entertain a new representation petition affecting the
employees involved herein within a period less than 1 year, but not,,
before the expiration of 6 months, from the date of our certification in
the instant proceeding, upon proof (1) that the number of employees.
in the appropriate unit is more than double the number of employees
who were eligible to vote in the election from which our certification.
ensued; and (2) that the petitioning labor organization represents
substantial number of employees in the expanded unit.
CHAIRMAN MILLIS took no part in the consideration of the above
Supplemental Decision.