Fitzpatrick Drilling Co., Inc.

National Labor Relations Board - Board Decisions

Nov 15, 1962

139 N.L.R.B. 1013 (N.L.R.B. 1962)

FITZPATRICK DRILLING COMPANY, INC. 1013
drilling project to another, and hires additional employees at each
project site. The Employer will where acceptable rehire those who
have worked for it previously. While the average length of employ-
ment among the locally hired workers varies according to the dura-
tion of the drilling operation, and other factors, it is established that
approximately 60 percent of those hired work 10 or more days a year.
All of the Employer's multistate operations are centrally controlled.
In view of the foregoing and for the reasons set forth in Sprecher
Drilling Corporation, we find that the Employer's operations have an
element of stability to them sufficient to enable the Board to define
a unit appropriate for collective bargaining purposes. We find, there-
fore, that a question affecting commerce exists concerning the repre-
sentation of certain employees of the Employer within Section 9 (c) (1)
and Section 2 (6) and (7) of the Act.
4. In view of the foregoing facts and for reasons set forth in
Sprecher Drilling Corporation, we find that the following employees
of the Employer constitute a unit appropriate for the purpose of
collective bargaining within the meaning of Section 9(b) of the Act:
All motor men, derrick men, and floor men employed by the Company
in drilling operations, excluding all office clericals, professional em-
ployees, guards, drillers,' and all other supervisors as defined in the
Act.
[Text of Direction of Election omitted from publication.]
'The record shows that drillers who are employed in such job classifications exercise
authority to hire and discharge and responsibly to direct the work of other employees.
Accordingly we find that they are supervisors within the meaning of Section 2 ( 11) of the
Act and exclude them from the unit herein found appropriate
Fitzpatrick Drilling Company , Inc.' and Millwrights and Ma-
chinery Erectors , Local No. 2834 , AFL-CIO, Petitioner. Case
No. 27-KC-2280. November 15, 1962
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9(c) of the National La-
bor Relations Act, a hearing was held before F. T. Frisbey, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Members Leedom, Fanning, and Brown].
I The name of the Employer appears as corrected at the hearing.
139 NLRB No. 81.
1014 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. The facts in the record before us are substantially the same
as the facts before us in the recently decided case of Sprecher Drilling
Corporation.2 The record here, as in Sprecher, indicates that the Em-
ployer is engaged in the business of exploratory oil drilling in ap-
proximately the same geographical area of Western States.' It em-
ploys a small nucleus of regular employees who travel with the rigs
from one drilling project to another, and hires additional employees
at each project site. The record indicates that the Employer rehires
those employees who have worked previously for it if acceptable.
While the average length of employment among the locally hired
workers varies according to the duration of the drilling operation,
and other factors, it is established that approximately 55 percent of
those hired work 10 or more days a year. All of the Employer's multi-
state operations are centrally controlled from its offices in Casper.
In view of the foregoing and for reasons set forth in Sprecher Drill-
ing Corporation, we find that the Employer's operations have an ele-
ment of stability to them sufficient to enable the Board to define a
unit appropriate for collective-bargaining purposes. We find, there-
fore, that a question affecting commerce exists concerning the rep-
resentation of certain employees of the Employer within Section
9(c) (1) and Section 2(6) and (7) of the Act.
4. In view of the foregoing facts and for reasons set forth in
Sprecher Drilling Corporation, we find that the following employees
of the Employer constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act: '
All motor men, derrick men, and floor men employed by the Company
in drilling operations, excluding all office clericals, professional em-
ployees, guards, drillers,' and all other supervisors as defined in the
Act.
[Text of Direction of Election omitted from publication.]
2 139 NLRB 1009.
81n the last 2 years, however , its operations have been confined to the States of
Wyoming and Montana.
4 Although the Petitioner requested a unit of only employees working in the State of
Wyoming, we are administratively advised that it has a sufficient showing of interest in
the larger unit herein found appropriate . However, If the Petitioner does not desire to
participate in the election herein directed , it may withdraw upon proper notice to the
Regional Director within 10 days from the date of this Direction of Election
r The record shows that drillers who are employed in such job classifications exercise
authority to hire and discharge and responsibly to direct the work of other employees
Accordingly , we find that they are supervisors within the meaning of Section 2(11) of
the Act and exclude them from the unit herein found appropriate.