The Texas Pipe Line Co.

National Labor Relations Board - Board Decisions

May 17, 1946

68 N.L.R.B. 105 (N.L.R.B. 1946)

In the Matter of THE TEXAS PIPE LINE COMPANY and OIL WORKERS
INTERNATIONAL UNION, C. I. O.
Case No. 16-R-1660.-Decided May 17, 1946
Messrs. Amzy B. Steed and Jess E. Chandler, of Houston, Tex., and
Mr. Stuart G. Kerschner, of Tulsa, Okla., for the Company.
Mr. Lindsay P. Warren, of Fort Worth, Tex., for the Cn_on.
Mr. Harvey B. Diamond, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Oil Workers International Union,
C. I. 0., herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of The
Texas Pipe Line Company, Houston, Texas, herein called the Company,
the National Labor Relations Board provided for an appropriate hearing
upon due notice before Glen L. Moller, Trial Examiner . The hearing
was held at Fort Worth, Texas, on April 23, 1946. 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 re-
served ruling for the Board on a motion by the Company to dismiss
the proceedings , on the ground that no question concerning representa-
tion has arisen because no evidence of representation among its em-
ployees had been submitted by the Union. The motion is hereby denied.
The Trial Examiner' s rulings made at the hearing are free from prejudi-
cial error and are hereby affirmed . All parties were afforded opportunity
to file briefs with the Board.
68 N. L. R. B., No. 14.
105
106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Texas Pipe Line Company is a Texas corporation doing business
as a common carrier in the States of Texas, Oklahoma, Louisiana,
Illinois, Indiana, and Monfana. The Company operates approximately
6,409 miles of trunk and gathering pipe lines within said States for the
gathering and transportation of crude oil. During 1945, the Company
transported at least 55,000,000 barrels of crude oil and petroleum prod-
ucts, a substantial quantity of which was transported through the
Company's North Texas lines. A portion of the oil originating in the
State of Texas is transported through the Company's lines to points
within the State of Oklahoma. The present proceedings involve only
the North Texas Division of the Company.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II THE ORGANIZATION INVOLVED
Oil Workers International Union is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to membership
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 employees in the North Texas
Division until the Union has been certified by the Board in an appro-
priate unit.
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 accord with the stipulation of the parties, that all operating
and maintenance employees in the North Texas Division of the Com-
pany, including district gaugers , tour engineers , and assistant master me-
chanics , but excluding assistants to chief clerks , junior clerks, senior
clerks, stenographers , stenographer-clerks, warehousemen - clerical
THE TEXAS PIPE LINE COMPANY 107
employees, assistant gang foremen, assistant superintendents, assistants
to superintendents, carpenter foremen, chief clerks, chief main-line en-
gineers, chief tour engineers, district foremen, division engineers, gang
foremen, welder foremen, master mechanics, superintendents, tankage
foremen, and all or any 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 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, sub-
ject to the limitations-and additions set forth in the Direction.
The Company requests, and the Union agrees, that its employees
presently absent on military leave be afforded an opportunity to cast
ballots by mail in any election which the Board may direct. Since the
facts in the instant case are substantially the same as those in South West
Pennsylvania Pipe Lines,' we shall order the mail balloting of the Com-
pany's employees in the armed forces who fall within the appropriate
unit, subject to the limitations hereinafter mentioned.
The Regional Director shall mail ballots to employees within the
appropriate unit on military leave, provided one or more of the parties
hereto, within seven (7) days after the receipt of the Direction of
Election, files with the Regional Director a list containing the names,
most recent addresses, and work classification of such employees. The
Regional Director shall open and' count such ballots cast by mail by
employees on military leave, provided such ballots are returned to and
received by the Regional Director within thirty (30) days from the
date they were mailed to such employees from the Regional Director.2
i Matter of South West Pennsylvania Pipe Lines, 64 N L R B 1384, Matter of Rockford
Metal Products Company, 66 N. L. R. B. 538.
2 A free interchange between the interested parties of information on-the addresses and work
categories of the employees to be voted by mail will be necessary in order to avoid challenges
and post-election objections Accordingly, the Board will make available to all interested
parties any information of this nature furnished it by any other party. In the event that the
paities should send the absentee voters information or literature bearing duectly or indirectly
on the pending election, copies of all such documents should be simultaneously filed with the
Regional Office for inspection by or transmittal to the other parties However, acceptance or
transmittal of such literature by the Board's office is not to be construed as conferring
immunity on the filing party in the event that objections are later interposed concerning its
contents The usual principles will apply.
108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Relations 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 representatives
for the purposes of collective bargaining with the Texas Pipe Line
Company, Houston, Texas, an election by secret ballot shall be con-
ducted as early as possible, but not later than forty-five (45) 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 Regulations, among employees
in the unit found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this Direc-
tion, including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and includ-
ing employees in the armed forces of the United States, but excluding
those employees who have since quit or been discharged 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, C. I. 0., for the purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.