Union Oil Co. of California

National Labor Relations Board - Board Decisions

Jul 4, 1945

62 N.L.R.B. 1144 (N.L.R.B. 1945)

In the Matter of UNION OIL COMPANY OF CALIFORNIA and UNION EM-
PLOYEES ASSOCIATION
Case No. 21-R-1479.-Decided July 4, 1945
Messrs. L. A. Gibbons and Douglas C. Gregg, of Los Angeles, Calif., for
the Company.
Mr. Russell E. Parsons, of Los Angeles, Calif., for the Association.
Mr. Lindsay P. Walden, of Fort Worth, Tex., and Mr. Frank J. Neuman,
of Los Angeles, Calif., for the C. I. O.
Mr. Rufus Bailey, of Los Angeles, Calif., and Mr. H. M. McNeel, of
Alhambra, Calif., for the Independent. -
Mr. Jack Rafn, of Los Angeles, Calif, for the A. F. L.
Miss Katherine Loomis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by Union Employees Association, herein
called the Association, alleging that a question affecting commerce had
arisen concerning the representation of, employees of Union Oil Company
of California, Los Angeles, California, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing upon
due notice before George H. O'Brien, Trial Examiner. Said hearing was
held at Los Angeles, California, on April 16 and 17, 1945. The Company,
the Association, Oil Workers International Union, C. I. 0., herein called
the C. I. 0., Independent Union of Petroleum Workers, herein called the
Independent, International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, A. F. L., herein called the A. F. L.,
appeared and participated.' All parties were afforded full opportunity to
I The A. F. L 's representative entered an appearance on the second day of the hearing and with-
drew from the proceeding upon ascertaining that all pasties desired the exclusion of marketing
department employees
62 N. L R. B , No. 145
1144
UNION OIL COMPANY OF CALIFORNIA 1145
be heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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 afforded 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
Union Oil Company of California, a California corporation, is engaged
in substantially all branches of the oil business. The aggregate value of
equipment and supplies purchased annually by the Company is in excess of
$18,000,000. A great part of such equipment and supplies originates in
places outside California. Its annual sales are valued at more than $73,000,-
000, of which approximately 50 percent is shipped to points outside
California.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Union Employees Association, unaffiliated, is a labor organization admit-
ting to membership employees of the Company.
Oil Workers International Union, affiliated with the Congress of Indus-
trial Organizations, is a labor organization admitting, to membership em-
ployees of the Company.
Independent Union of Petroleum Workers, unaffiliated, is a labor organ-
ization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 24, 1934. the Company, in response to a request by
the Association for official recognition, replied that, "In all matters affect-
ing the interest and welfare of your membership, the management will
deal with and act through [your] governing board. This decision, however,
must not be construed as a determination to deal with your organization
exclusively, but the right is also reserved to deal with other employee
groups organized or not and through representatives of their own choos-
ing." Since that time the Company has refused to accord the Association
or any other labor organization exclusive recognition unless and until certi-
fied by the Board.
A statement of a Board agent, introduced into evidence at the hearing,
1146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
indicates that the Association represents a substantial number of employees
in the unit it claims to be appropriate.'
We find that a question affecting commerce has arisen concerning the
i epresentation of employees of the Company, within the meaning of Sec-
tion 9 ( c) and Section 2 (6) and (7) of the Act.
1V. THE APPROPRIATE UNIT
The Association and the Independent contend, and the Company agrees,
that all employees engaged in field operations within the State of Cali-
fornia, working in the Company's field, pipe line, purchasing, and auto-
motive departments, including field clericals, constitute a single appropri-
ate unit. The C. I. 0., however, seeking representation of only certain of
such employees, contends that five units are appropriate ; three, divided
according to geographical areas,' to be comprised of certain employees in
the field department ; and two, also divided according to geographical
areas, ' to be comprised of certain employees in the pipe-line department.
The C. I. 0. would exclude from such units employees in the drilling sub-
department` of the field department, those in the communications subde-
partment of the pipe-line department, employees of the purchasing and
automotive departments, and all field clericals. The parties are in agree-
ment on the exclusion of confidential, technical, and professional employees,
including those listed on Appendix A, annexed hereto. They are also in
agreement on the exclusion of employees of the marketing department.
and employees of the rank of assistant foremen and above.
The Company's field operations in California are directed by the man-
agers of four of its major departments, namely, the field, pipe-line, pur-
chasing, and automotive. The field department is divided into the following
subdivisions:' (a) drilling subdepartment, (b) production subdepartment,
and (c) service and maintenance subdepartment. The pipe-line department
2 The Trial Examiner reported that the Association submitted 735 membership cards, that the
names of 496 persons appearing on the cards were listed on the Company's pay roll of November
30, 1944, which contained the names of 1,367 employees in the alleged' appropriate unit; that 494
cards were dated between November 1943 and October 1944, and 2 were undated.
The C . I. O. submitted 216 authorization cards. The names of 174 persons appearing on the
cards were contained in the aforesaid pay roll ; 173 cards were dated between 1941 and October 1944
and, 1 was undated.
The Independent submitted 311 authorization and membership cards. The names of 279 persons
appearing on the cards were contained on the Company 's pay roll of April 4, 1945; 225 cards were
dated between November 1944 and April 1945, and'54 were undated.
3 These three units correspond to the three geographical areas in California where the Company's
oil fields are located and where its field operations are carried on These areas are- (1) the Los
Angeles Basin , (2) the Coastal area, and ( 3) the San Joaquin area.
*These two units correspond to the two geographical areas into which this department is divided,
namely, the Northern division , comprising both the Coastal and San Joaquin areas , and the Southern
division, comprising the Los Angeles Basin area.
5 See footnote 6, infra.
6 All subdivisions of departments are mentioned in the record as "departments ." Since they are
clearly parts of larger departments , they are referred to herein as "subdepartments "
UNION OIL COMPANY OF CALIFORNIA 1147
is also subdivided; it has a communications subdepartment. The offices of
the four managers are located in Los Angeles.
Operations in the field department are closely coordinated. Workers in
the drilling subdepartment drill for oil, those in the production subdepart-
ment maintain its flow, and those in the service and maintenance subdepart-
ment keep the equipment used in these operations in repair. Workers in
the pipe-line department are engaged in transporting the oil. Its com-
munications subdepartment maintains telegraph and telephone systems
which are available to all departments, but are used principally in pipe-
line operations. The purchasing department takes care of the Company's
buying: The automotive department procures and maintains the rolling
equipment of the Company. There are, within each department, frequent
interchanges of employees from one area to another. job classifications,
wages, and working conditions for employees are similar in all areas.
Thus, throughout all areas field operations within each 'department are
highly integrated and are carried on under common supervision. In addi-
tion, the interests of the employees working in field operations in each
department are similar throughout all areas.
In each area there are clerical employees who keep records relating to
oil production and the amount of oil on hand. Generally, these field clericals
obtain the information on which these records are based directly from the
production workers.
During the past 11 years the Company has bargained with the Associa-
tion in regard to rates of pay, hours of work, and vacations for the employ-
ees concerned. The Association and the Independent contend that this
history of collective bargaining demonstrates that only a company-wide
unit is appropriate. However, since these negotiations never culminated
in a single, comprehensive, written agreement in which the Association
was recognized as the sole bargaining agent for the Company's employees,
this bargaining history is not such as to compel a finding that only a com-
pany-wide unit is appropriate!
Nevertheless, in view of the integration of field operations within each
department, the common supervision of each department at the level of
managers, and the similarity of interests of employees within each depart-
ment, we find no merit in the C. I. O.'s contention that employees of the
communications subdepartment and of the drilling subdepartment be
excluded from units comprised of other employees of the pipe-line and field
departments. Nor do we find merit in the C. I. O.'s contention for units
according to geographical areas, since integration of operations, common
supervision, and similarity of interests prevail within each department
r See Matter of Gcne,al Pctrolcum Corporation of Californra, 56 N L R. B 1366. Cf Matlcr
of Elgin National Watch Company, 53 N. L R. B 855
1148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
throughout all areas e
We are of the opinion that, in conformity with the main divisions of the
Company's organization, employees in the field, pipe-line, purchasing, and
automotive departments, respectively, constitute separate units for the
purposes of collective bargaining.' We are also of the opinion that field
clericals have interests similar to those of other employees in their respec-
tive departments, and shall, therefore, include them in units with such
other employees.
Upon the basis of the entire record we find that the following units are,
appropriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act :
1. All employees engaged in field operations within the State of Cali-
fornia working in the Company's field department, including those in the
drilling, production, and service and maintenance subdepartments, and
field clericals, but excluding all confidential, technical, and professional
employees (including employees engaged in classifications listed on Ap-
pendix A, annexed hereto), employees of the marketing department,
employees of the rank of assistant foreman or above, and all other super-
visory employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action ;
2. All employees engaged in field operations within the State of Cali-
fornia working in the Company's pipe-line department, including those
in the communications subdepartment, and field clericals, but excluding
all confidential, technical, and professional 'employees (including employ-
ees engaged in classifications listed on Appendix A, annexed hereto),
employees of the marketing department, employees of the rank of assistant
foreman or above, 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,
3. All employees engaged in field operations within the State of Cali-
fornia working in the Company's purchasing department, including field
clericals, but excluding all confidential, technical, and professional employ-
ees (including employees engaged in classifications listed on Appendix
A, annexed hereto), employees of the marketing department, employees
of the rank of assistant foreman or above, and all other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend such
action ;
4. All employees engaged in field operations within the State of Cali-
fornia working in the Company's automotive department, including field
clericals, but excluding all confidential, technical, and professional employ-
8 See Matter of Gene; al Petiolcurn Gov pay at ion of Caltforma, supra.
9 See Matter of Gcueral Pet;oleuun Co; pa;atmmn of California, supra
UNION OIL COMPANY OF CALIFORNIA 1149
ees (including employees engaged in classifications listed on Appendix A,
annexed hereto ), employees of the marketing department, employees of the
rank of assistant foreman or above, 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.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by elections by secret ballot among the employees in the
appropriate units who were employed during the pay-roll period immedi-
ately preceding the date o£ the Direction of Elections 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 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 Union Oil Company of
California, Los Angeles, California, elections by secret ballot shall be con-
ducted 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 Twenty-first Legion, 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 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, includ-
ing 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 and have not been rehired or reinstated prior to the clate'of the
elections, to determine:
1. With respect to the employees described in unit 1 of Section IV,
supra, whether they desire to be represented by Union Employees Associa-
tion, or by Oil Workers International Union, C. I. 0 , or by Independent
Union of Petroleum Workers, for the purposes of collective bargaining,
or by none of these organizations,
2. With respect to the employees described in iinit 2 of Section IV,
supra, whether they desire to be represented by Union Employees Associ-
ation, or by Oil Workers International Union, C. I. O., or by Independent
e
01
1150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Union of Petroleum Workers, for the purposes of collective bargaining,
or by none of these organizations ;
3. With respect to the employees described in unit 3 of Section IV,
supra, whether they desire to be represented by Union Employees Associ-
ation, or by Independent Union of Petroleum Workers, for the purposes
of collective bargaining, or by neither; and
4. With respect to the employees described in unit 4 of Section IV,
supra, whether they desire to be represented by Union Employees Associ-
ation, or by Independent Union of Petroleum Workers, for the purposes
of_ collective bargaining, or by neither.
APPENDIX A
Assistant personnel supervisor
Chief dispatcher
Superintendent of telephones
Chief clerk
Chief gauger
Petroleum engineers
Associate petroleum engineers
Assistant petroleum engineers
Junior petroleum engineers
Production engineers
Associate production engineers
Assistant production engineers
junior production engineers
Process engineers
Associate process engineers
Assistant process engineers
Junior process engineers
Mechanical engineers
Associate mechanical engineers
Assistant mechanical engineers
Junior mechanical engineers
Secretaries
Special clerks
Head clerk
Safety coordinator
Training coordinator
Assistant training coordinator
Safety and training coordinator
Senior clerks
Senior dispatchers, pipe line
Superintendent of salvage sales
Storekeepers
Truck dispatcher
Dispatchers
Senior buyer -
Chief tester
Chief draftsman
Technical trainees
Pressure vessel inspector
0