The Texas Co.

National Labor Relations Board - Board Decisions

Oct 13, 1944

58 N.L.R.B. 963 (N.L.R.B. 1944)

In the Matter of TILE TEXAS COMPANY and OIL WORKERS INTER-
NATIONAL UNION, CIO
Case No. 1G-R-998.-Decided October 13, 1944
Messrs. John C. Jackson, J. A. Bermingham, and A. R. Wilson, of
Houston, Tex., for the Company.
Mr. T. M. McCormick, of Ft. Worth, Tex., and Mr. J. J. Hickman,
of Pasadena, Tex., for,the Union.
Mr. Erwin A. Peterson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Oil Workers International Union,
CIO, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of The
Texas Company, South Texas Division, Houston, Texas, herein called
the Company,^the National Labor 'Relations Board provided for an
appropriate hearing upon due notice before Glenn L. Moller, Trial
Examiner. Said hearing was held at Houston, Texas, on September
'R. 1944. 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 an 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 Texas Company, a Delaware corporation, through its producing
department, is engaged in the production of crude oil and gas. The
South Texas Division of the Company's producing department is the
only portion of the Company's operation which is here involved. The
I International Union of Operating Engineers , A. F. of L., was also served with notice but
.did not enter appearance at the hearing.
58 N. L. R. B., No. 183.
963
964 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
South Texas Division annually produces large quantities of crude oil
and gas in the State of Texas, of which a substantial portion valued
in excess of $1,000,000 is shipped from the Company's Texas operations
to points outside the State of Texas.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. TIIE 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. TIIE QUES-I ION CONCERNING REPRESENTATION
The parties stipulated that on June 30, 1944, the Union wrote a letter
to the Company requesting recognition as the statutory bargaining
agent of the Company's employees and that the Company declined to
recognize the Union unless and until the Union is certified by the
Board.
A statement of a 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 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agreed at the hearing that the appropriate unit should
consist of all production and maintenance employees of the Company's
producing department, South Texas Division, excluding all clerical
employees,' administrative, technical and professional employees 4 all
employees at the Houston garage and warehouse, all divisional em-
ployees,5 temporary chainmen and rodmen, and all foremen 13 and other
supervisory employees.
The Company's South Texas Division, with its headquarters at
Houston, Texas, covers four producing districts, each of which con-
tains one or more oil fields. It is the production and maintenance
2 The Field Examiner reported that the Union submitted Iii authorization cards, dated
from August 1943 to July 1944 , the majority being dated subsequent to January 1, 1944,
of which 130 bear names appearing on the Company ' s pay roll, wRuch contains the names
of 398 employees in the appropriate unit -
S The parties further agreed in clarification of the bargaining unit that this classification
includes all district clerks, field clerks-warehousemen , clerk-district , and other clerks.
4 This includes district petroleum engineer , acting district petroleum engineer , petroleum
engineers, district warehouseman and warehouseman.
5 These emplo} ces Include the classifications of superintendent , assistant superintendent,
drilling superintendent , petroleum engineers , accounting , warehouse , stenogeaphic, land
and lease, civil engineers , geological and Industrial relations
6 Which includes field foremen, production foremen, and drilling foremen.
THE TEXAS COMPANY 965
employees of these fields who constitute the unit desired by the parties.
Disagreement arose at the hearing concerning the inclusion within
the unit of head roustabouts, the Company contending that head
roustabouts are supervisory employees, the Union contending that they
are merely working leadmen or gang pushers with no disqualifying
supervisory authority. -The record discloses that head roustabouts- re
in charge of gangs of three or four men, whose work they supervise
and direct. The men in the gang look to and consider the head rousta-
bout as their boss, recognizing that it is their duty to follow whatever
instructions and orders he gives them. Head roustabouts attend fore-
men's meetings where matters relating to company policy and per-
sonnel are discussed . They are sometimes appointed to act as pro-
duction foremen during the vacations of production foremen. They
make recommendations concerning the promotion, transfer or disci-
pline of the men under: them and their recommendations are given
weight by management. We find that head roustabouts are super-
visory employees within the meaning of our customary defilfition, and
we shall accordingly exclude them.7
Rotary Drillers: Both parties would include rotary drillers in the
unit on the ground that it is a practice and custom in the industry
to include them in the bargaining unit. However, the record fails
to establish a uniform practice recognized throughout the industry
of including such employees in the bargaining unit. Inasmuch as
the uncontradicted testimony shows that their duties, responsibilities,
and authority are supervisory in character, we shall exclude them.
We find that all production and maintenance employees of the
Company's producing department, South Texas Division, excluding -
all clerical employees, administrative, technical and professional em-
ployees, all employees at the Houston garage and warehouse; all
divisional employees, temporary chainlmnen and rodemenal foreman,
rotary drillers, head roustabouts, and all other 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 collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Union urges that the pay roll for the period ending September
1, 1944, be used to determine eligibility to participate in the election.
In the alternative, the Union urges that all employees who have not
been employed by the Company for at least 4 months prior to the
date of the election should be excluded from participation in the
° Matter of Milwaukee Gas Light Company . 52 N L R B 121 .9; also Matter of The Texas
Company, 55 N. L R B 1223 , and Matter of The Texas Company, 58 N L R B 209.
In the latter two cases which involved the saine parties as those in the instant proceedings
head roustabouts were excluded by agreement
966 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
election. The Company prefers to follow the Board's customary
practice. The Company classifies all new employees as teinporary for
a probationary period of 4 months. The record reveals these employ-
ees perform the same work as regular employees and the Company
normally retains 98 percent of its newly hired employees for periods
in excess of 4 months. Since it thus clearly appears that the newly
hired employees have a substantial expectancy of regular employ-
ment, we see no reason to exclude them from participation in the
election by fixing eligibility as of September 1, or otherwise."
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 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
DnEC7LD that, as part of the investigation to ascertain representa-
Lives for the purposes of collective bargaining with The Texas Com-
pany, South Texas Division, Houston, Texas, 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 Regu-
lations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period mime-
diately 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 dis-
charged 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 Congress of Industrial Organizations, for the purposes of collec-
tive bargaining.
MR. GERARD D. REII1 Y took no part in the consideration of the above
Decision and Direction of Election.
8 See Matter of 1.' R Sgiubb t( Soas, 54 N L R B 1424