The Texas Pipe Line Co.Download PDFNational Labor Relations Board - Board DecisionsMay 17, 194668 N.L.R.B. 105 (N.L.R.B. 1946) Copy Citation 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. Copy with citationCopy as parenthetical citation