The Pure Oil Co.

National Labor Relations Board - Board Decisions

Dec 26, 1942

46 N.L.R.B. 418 (N.L.R.B. 1942)

In the Matter of THE PURE OA, COMPANY and On. WORKERS
INTERNATIONAL UNION
Cases Nos. R-4492 and R-4493.-Decided December 26, 1942
Jurisdiction : oil producing industry. -
Investigation and Certification of Representatives : existence of question : stipu-
lation as to ; election necessary.
Unit Appropriate for Collective Bargaining : separate units for all production
and maintenance employees, with specific inclusions and exclusions from
each group at (1) one geographic division, and (2) two districts which com-
prised one geographic unit.
Vinson, Elkins, Weems ct Francis, by Mr. C. E. Bryson of Houston,
Tex.,'Mr. R. W. Adams, Jr., and Mr. Harris W. Van Zandt, of Fort
Worth, Tex., and Mr. Gordon R. Wynne, of Wills Point, Tex., for
the Company.
Mr. C. C. Massingale and Mr. Carl Mattern, of Fort Worth, Tex.,
and Mr. A. H. SchreAkel, of Van, Tex., for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Oil Workers International Union,
herein called the Union, alleging that questions affecting commerce
had arisen concerning the representation of employees of The Pure
Oil Company, Van, Texas, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Clifford W. Potter, Trial Examiner. Said hearing
was held at Van, Texas, on November 5 and 6, 1942. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity 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.
46 N. L. R. B., No. 52.
418 1
THE PURE OIL COMPANY 419
On November 24, 1942, the Company filed a brief which the Board
has considered.
Upon the entire record in the case, the Board makes the following,.-
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Pure Oil Company, an Ohio corporation having its principal
office and place of business in Chicago, Illinois, is engaged in, the
Van Field in and about Van, Texas, in acquiring and developing
oil lands and in the production, refining, transporting, sale, and dis-,
tribution of petroleum and its related products. A substantial portion
of the Company's crude oil is transported to its refineries in Ohio,
Michigan, West Virginia, Texas, and Oklahoma by its own and sub-
sidiary pipe lines, which consist of, approximately 1,000 miles of main
and gathering lines and numerous pumping stations located in a num-
ber. of States. The ' products of these refineries are distributed in
approximately 10 States. Petroleum produced in the Van Field is
transported in the Company's pipe, lines or its subsidiary pipe lines
to the Company's 'refineries and is comingled with other petroleum
transported in the same lines, losing its identity. Approximately
26,000 barrels of petroleum are transported daily from the Van Field,
of which approximately 8,000 barrels belong to the Company, gall
of which is refined in one of the Company's refineries. More than
75 percent of the finished products move through States other than
the State of Texas.
H. 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 QUESTIONS CONCERNING REPRESENTATION
The parties stipulated that questions 'concerning representation
had arisen in that on or about August 8, 1942, the Union requested
recognition, and thereafter conferences were held which failed to
result in an agreement.
A report -prepared by a Field Examiner of the Board and introduced
in evidence at the hearing indicates that the Union represents a sub-
stantial number of employees in the units claimed by it as appropriate.'
1 The Field Examiner reported that the Union submitted 61 authorization cards dated in
August and September 1942, one undated , bearing apparently genuine, signatures of persona
whose names appear on the Company's pay roll of September 1, 1942. This pay roll eon-
420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that questions affecting commerce have arisen concerning
the-representation of employees of the Company, within the meaning
of Section 9 (c) and Section, 2 (6) and (7) of the National 'Labor
Relations Act.
IV. THE APPROPRIATE UNITS
The parties agreed that all production and maintenance employees
of tlie'Mexia Fault Line District of the Company, excluding super-
visory and clerical employees, constitute an appropriate unit. They
are in disagreement with regard to the inclusion in or exclusion from
the unit of certain classifications noted below.
The Union contends that all employees engaged in the development
of oil lands, production of crude petroleum, and maintenance of- equip-
ment necessary thereto of the district known as the Van Joint Account,
exclusive of supervisory and. clerical employees, constitute an ap-
propriate unit. The Company contends that the Van Joint Account
and the Carroll District, comprising the Van Field, constitute a single
appropriate unit. The parties are in further disagreement concerning,,,
the inclusion in or exclusion from the unit of certain classifications
noted below. -
We find, in accordance with a stipulation of the parties, that em-
ployees in'the Mexia District constitute a separate unit.
The Company is engaged in the development of oil lands and the,
production-of crude petroleum in an area known as the Van Field
in and about Van, Texas. The Van Field consists of the Van Joint
Account and the Carroll'District. The Van Joint Account leases are
jointly owned by the Company and other companies. The Company,
however, is the sole and exclusive operator of those leases. The Car-
roll District is completely owned and operated by the Company. The
Company employs 129 employees in the Van Field, 112 in the Joint
Account and 17 in the Carroll District. They are employees of, the
Company and are not employed by any of the other joint owners.
The Company has a central employment office in Fort Worth,
Texas. Pay rolls are made up for the Van Joint- Account and the
Carroll District in Fort Worth and checks are issued for the em-
ployees from Fort Worth. The whole Van Field constitutes one
geographical unit and it appears that the Company operates it as one
unit. The designation of the Van Joint Account and the Carroll
tains ;'7 raines, 79 of which are the names of employees in the unit the Union contends
is appropiiate for the Mexia Field
The Field Examiner further reported that the Union submitted 54 authorization cards,
44 dated between April and October 1941 and 10 dated between February and August 1942,
'bearing apparently genuine signatures of persons whose names appear on the Company's-
pay roll of September 1, 1942 This pay roll contains 129 names , 105 of which are names`
of -employees in the unit the Union contends is appropriate for-the Van Joint Account.
THE PURE OIL COMPANY 421'
District was made by the Company for facility of operation and for
the purpose of accounting, by agreement between the Company and
the other joint owners. There is a superintendent in charge of the
Van Joint Account and one in charge of the Carroll District.
All employees in similar classifications receive identical wages.
Employees are interchanged between the Van Joint Account and the
Carroll District; the same' insurance benefits inure to all employees;
all employees attend the same safety and educational meetings; Com-
pany picnics are attended by all employees; the town of Van is the
principal community in the Van Field and one central school is
located there where the children of the employees of both the Van
Joint Account and the Carroll District attend; there is one emergency
or construction crew which works throughout the Van Field; ma-
terials are exchanged between the Van Joint Account and the Carroll
District; and repair work is sent from the Carroll District to the
Van Joint Account. In view of all these facts, we find that the
appropriate unit includes the employees of both the Van Joint Ac=
count and the Carroll District. We conclude' that the appropriate
,units consist of (1) the Mexia Fault Line District, and (2) the Van
Joint Account and the Carroll District.
With respect to the Mexia District, the parties agreed to include
pumpers-resident, truck drivers, pumpers-tour, roustabouts, lease.
tractor operators, iig repair. helpers, welders and carpenters. They
also agreed to exclude production foremen, warehouseman, district
superintendent, and chief field clerk. The Union would'exclude from
the unit gang pushers, warehouse clerks, pipe machine operator, camp
janitor, field clerks, rig repair foreman, lease mechanic, machine shop
mechanic, temporary gang pushers, and motor transport foreman.
The Company would include theip.
The parties agreed to include in the Van Field rig builder helpers,
rotary drillers, plant operators, pumper-water, carpenter, pumpers-
tour, welders, roustabouts, pumpers-resident, rotary helpers, ,motor
transport division service mechanics (and helpers); plant helpers,
truck drivers, rig builders, painter, clean-out men, and lease mechanic'.
They also agreed to exclude chief field 'clerk, surveyor, plant superin-
tendent, district superintendent, resident engineer, construction fore-
man, warehouseman, gas engineer, production, foreman, and chief
warehouse clerk. The Union would exclude from the -unit gang
pushers, field clerks, electrician, machine shop mechanics,'motor trans-
port division shop foreman, machine shop foreman, camp janitor,
warehouse clerks, pipe machine operator, and plant repairmen.
Gang pushers, motor transport foremen, temporary gang pushers
(Mexia District), rig repair foreman (Mexia District), machine shop
foreman (Van Field) : The duties of the gang pushers in the Van
422 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD
Field and in the Mexia District are similar. However, gang pushers
in Mexia are more in the nature of regular workmen than those,in the
Van Field. ' Gang pushers in Van are engaged in manual labor only
50 percent of their time while in Mexia they, are engaged in manual
labor 100 percent of their time. They receive orders from the pro-
duction foreman 'as they go to, work. They take a certain number'
of men with them on the job, which number varies from day to day.
They engage in the same, types of work as that 'of the men, in their
gang. 'They have no right to hire, discharge, or discipline other
employees. ,
The motor transport foremen do repair work on trucks or any auto-
motive equipment. They each have one assistant. They engage, in
manual labor 90 percent of the time and have no authority to hire,
discharge, or discipline, or discipline any, employees.
, The temporary gang pushers (Mexia District) fill in as gang
pushers and do any kind of work that the production foreman re-
quires them to do. When they are not filling in as gang pushers, they'
are working as roustabouts. They engage in manual labor 100 per-
cent of the, time and have no' authority to hire, discharge, or discipline
any employees. ,
The duties of the rig repair foreman (Mexia District) are similar
to the gang pusher's duties. He receives his orders from the produc-
tion foreman each morning and takes a number of men that he believes
will be required to do a job. He does the same, kind of work as that
of, his men, which work consists of ground repair and sometimes
running the derrick. He engages in manual labor 100 percent of the
lime, , and has no authority to hire, discharge, or discipline any
employees.
The ,machine shop foreman (Van Field) receives orders for repairs
in the shop, which operates under the warehouse. Orders are issued
by the warehouse. He also can operate any machine in the shop. He
engages in, a certain amount' of clerical work with regard to the orders
received from the warehouse, but that consumes a small portion of
his •,time. ' He engages in manual labor 75 percent of-the time, and has
v_o authority to hire, discharge, or discipline any employees.
We find that none of the above-named employees have supervisory
status. We shall therefore include them. '
Pipe machine operators, lease mechanic (Mexia District), machine
shop mechanics, electrician (Van, Field), and plant repairmen (Van
Field) : The duties 'of the pipe machine operators are to recondition
pipe as it comes in from ;the field, to cut out the old thread or worn
part of a pipe, or, to change any bad couplings.
The lease mechanic (Mexia District) repairs machinery;'he receives
his orders from the production foreman. He has helpers `who are
designated by the Company.'
'
THE- PURE OIL COMPANY '423
The machine shop mechanics do all the lathe work, work on grind-
ing slips or wrench parts, or engage in any work of a mechanical
nature' that might come into the shop.
The electrician (Van Field) is engaged in the maintenance of the
telephone switchboard and the lines in the field. Most of the time
he is engaged in the repair of the lines in the field. The remainder
of the time he works in the machine shop as a mechanic doing lathe
work, work on drill presses, on valves, and any necessary repair work.
The plant repairmen (Van Field) work in the gasoline plant and
.their duties are to repair machines which are used in the production
of natural gas.
We conclude that all the above-named employees are engaged in
the maintenance of equipment necessary to the development of oil
lands and to the production of crude petroleum. We shall therefore
include them. ,
Camp Janitors: They clean the offices and shops, bring the mail in
from the Post Office, cut'the hedges around the yard, and do various
kinds of. work around the warehouse yard. The duties 'of these em-
ployees are similar in Mexia and Van with the exception that in Van
they have water treating stations to operate and in Mexia they help
out'in the warehouse. We conclude 'that these employees should be
included.
Field Clerks: They assemble and record the various types of reports
that come in from the field relating to production and maintenance
work,, drilling, new work, and new installation. They compile time
tickets on the pay-roll form. These employees do not engage in
manual labor. We find that these employees are engaged in work of
a cleric al nature, and shall therefore exclude them.
Warehouse Clerks: They receive and disburse stock, keep the stock
in the warehouse in order, and help to load and unload trucks. They
also engage in a,certain amount of clerical work. We find that the
work of these employees is unlike that of the employees engaged in
the, development of oil lands and the production of crude oil and the
maintenance, of equipment necessary thereto. We shall exclude these
employees.
We find that the following employees of. the Company constitute
units appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the Act :
(1) All pumpers-resident, truck drivers, pumpers-tour, roustabouts,
lease tractor operators, rig repair helpers, welders, carpenters, gang
pushers, temporary gang pushers, pipe machine operator; camp janitor,
machine shop mechanic, motor transport foreman, rig repair foreman,
and the lease mechanic of the. Company-in its Mexia Fault Line Dis-
trict, excluding production foremen; warehouseman, district superin-
tendent, chief field clerk, warehouse clerks, and field clerks;
424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(2) All rig builder helpers, rotary drillers, plant operators, pumper-
water, carpenter, pumpers-tour, welders, roustabouts,, pumpers-resi-
dent, rotary helpers, motor transport division service mechanics and,
helpers, plant helpers, truck drivers, rig builders, painter, clean-out
men, lease mechanic, gang pushers, pipe machine operator, camp jani-
tor, machine shop mechanics, motor transport division shop foreman,
electrician, machine shop foreman, and plant repairmen of the Com-
pany in the Van Joint Account and Carroll District, excluding chief
field clerk, surveyor, plant superintendent, district superintendent,
resident engineer, construction foreman, warehouseman, gas engineer,
production foreman, chief warehouse clerk, warehouse clerks, and field
clerks. I -
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-,
ployees in the appropriate units who were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tions herein,, subject to the limitations and additions set forth in the
Direction.'
DIRECTION OF ELECTIONS
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 Rela-
tions 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 Pure Oil
Company, Van, Texas, elections 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, Sec-
tion 10, of said Rules and Regulations among the employees in the
units 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 any who
have since quit or been discharged for cause, to determine whether or
not they desire to be represented by Oil Workers International Union,
for the purposes of collective bargaining.