Gulick Drilling Co.

National Labor Relations Board - Board Decisions

Nov 20, 1962

139 N.L.R.B. 1137 (N.L.R.B. 1962)

GULICK DRILLING COMPANY 1137
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to the recommendations of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor Rela-
tions Act, we hereby notify our employees that:
WE WILL NOT discourage membership in United Textile Workers of America
and District 50, United Mine Workers of America, or in any other labor
organization, by discharging employees, or in any other manner discriminating
in regard to their hire or tenure of employment or any term or condition of
employment.
WE WILL NOT discriminate against employees because they have filed charges
or given testimony under the Act.
WE WILL NOT interfere with, restrain, or coerce employees in the exercise
of the right to self-organization, to form labor organizations, to join or refrain
from joining United Textile Workers of America and District 50, United Mine
Workers of America, or any other labor organization, to bargain collectively
through representatives of their own choosing, and to engage in concerted ac-
tivities for the purpose of collective bargaining or other mutual aid or protec-
tion, or to refrain from any and all such activities, except that such rights may
be affected by an agreement requiring membership in a labor organization as
a condition of employment, as authorized in Section C(a)(3) of the Act.
WE WILL offer to compensate Louise Shatley, Frank Perry, and Carrie De-
Loach fully for 2 days lost while suspended and immediately reinstate them
to their former or substantially equivalent positions without prejudice to their
seniority and other rights and privileges, and will make them whole for any
loss of pay incurred as a result of their suspension.
All our employees are free to become, or refrain from becoming, members of
the above-named Unions or any other labor organization, except to the extent that
this right may be affected by an agreement in conformity with Section 8(a)(3) of
the Act
EAST TENNESSEE UNDERGARMENT COMPANY,
Employer.
Dated------------------- By-------------------------------------------
(Reprosentative) (Title)
This notice must remain posted for 60 consecutive days from the date hereof, and
must not be altered, defaced, or covered by any other material.
Employees may communicate directly with the Board's Regional Office, 528 Peach-
tree-Seventh Building, 50 Seventh Street NE., Atlanta 23, Georgia, Telephone Num-
ber, Trinity 6-3311, Extension 5357, if they have any question concerning this
notice or compliance with its provisions.
Gulick Drilling Company and Millwrights and Machinery Erec-
tors Local Union No. 2834, United Brotherhood of Carpenters
and Joiners , AFL-CIO, Petitioner.' Case No. 27-1RC-2294.
November 20, 1962
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9(c) of the National Labor
Relations Act, a hearing was held before J. Donald Meyer, hearing
'The name of the Petitioner appears as corrected at the hearing.
139 NLRB No. 100.
1138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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].
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 Petitioner seeks to represent a unit of all drillers, motormen,
derrickmen, and floormen employed by the Employer within the State
of Wyoming. The Employer, a Delaware corporation with its main
office in Denver, Colorado, is engaged in the business of drilling oil
and gas wells for oil companies. It operates in seven States 3 Most
of its drilling is exploratory rather than in developing existing oil
and gas basins so that its business is of a transitory nature. After
completing a particular project it is not uncommon for a drilling rig
to be moved to another area 50 or more miles away. When starting
a particular well, the Employer will hire most of its drilling crews
from the local area. Employees thus hired have an option of re-
maining on the payroll and following the rig, but most of them choose
not to do so. However, the record shows that the Employer has a
significant number of employees, now working or who have been laid
off, who have worked for the Employer for over 6 months, and three
Or four of these same employees have worked for over a year. The
record further shows that employees are hired for the duration of the
drilling which varies from 24 to 51 days, and that during the past
year the majority of the employees worked a minimum of 10 days or
more for the Employer. In view of the fact that the Employer's
operations are carried on within a fairly well defined geographical
area and fixed labor market and the fact that a substantial number
of employees are employed on a regular and part-time basis, we
believe that, notwithstanding the transitory nature of the Employer's
2 The hearing officer referred to the Board the Employer's motion to dismiss the petition
on the following grounds: ( 1) The alleged unit actually consists of a maximum of 24 em-
ployees instead of the 35 alleged in the petition ; ( 2) the authorization cards in support
of the Petitioner are "stale ," undated , and failed to designate this particular company ;
and (3 ) the unit requested does not show sufficient continuity and stability of employ-
ment to justify the finding of an appropriate unit As to ( 1), the error in the number of
employees is of a minor nature and was corrected at the hearing . As to ( 2), the suffi-
ciency of the Petitioner's showing of interest is an administrative matter not subject to
litigation . 0. D. Jennings & Company, 68 NLRB 516 . Furthermore , we are administra-
tively satisfied that Petitioner 's showing of interest is adequate . Finally, as to (3),
for reasons hereinafter set forth , we are finding an appropriate unit. In view of the
foregoing , we find the Employer's contentions to be without merit. Accordingly , its motion
to dismiss the petition is herewith denied.
3 These include the States of Wyoming , North Dakota , South Dakota , Montana, Colorado,
Utah, and New Mexico.
GULICK DRILLING COMPANY 1139
operations, there is a sufficient element of stability in these opera-
tions to enable the Board to define a unit appropriate for collective-
bargaining purposes 4 We find, therefore, that a question affecting
commerce exists concerning the representation of certain employees
of the Employer within Section 9 (c) (1) and Section 2 (6) and (7)
of the Act.
4. As indicated, the Petitioner seeks to represent a unit of all drill-
ers, motormen, derrickmen, and floormen employed by the Employer
within the State of Wyoming. The Employer, while taking no posi-
tion as to what would be an appropriate unit, questions the appro-
priateness of the unit requested. There is no history of bargaining
for any of the Employer's employees. Also, as indicated, the Em-
ployer employs a permanent nucleus of drilling crews which move
with the Employer's drilling rigs from area to area and the skills
utilized by the various classifications of employees are similar on all
rigs. In addition, it appears that all phases of the Employer's op-
erations are centrally managed, and it further appears that there is
no identifiable group of regular employees whose work is confined
to the State of Wyoming. In view of the centralized control of
management, the similarity of skills, functions, and working con-
ditions, and the maintenance of a permanent nucleus of employees
who work in many areas, and the absence of any identifiable regular
group working wholly in Wyoming, we find that only a unit coexten-
sive with all the Employer's operations is appropriate.
The Employer contends that drillers are supervisors and should be
excluded from any unit found appropriate. The Petitioner would
include drillers in the unit. The record shows that each drilling
crew works under the immediate direction of a driller. Drilling op-
erations are conducted on an around-the-clock basis. When a drill-
ing operation is about to start, the tool pusher, who is in charge of
the entire drilling operation, will hire the necessary number of drill-
ers. Because of the driller's familiarity with the local labor market,
drillers are given full authority to hire other crew members; and
they also have the authority to discharge any of these employees.
Although drillers may, on occasion, work in nonsupervisory capacities
when sufficient driller jobs are not available, we find, nevertheless,
in view of the clear authority to hire and discharge other employees
and the fact that they also responsibly direct the work of other
employees, that drillers are supervisors within the meaning of the
Act. Accordingly, we shall exclude drillers from the unit found
appropriate herein.
We find that the following employees of the Employer constitute
a unit appropriate for the purposes of collective bargaining within
4 Sprecher Drilling Corporation , 139 NLRB 1009 ; Daniel Construction Company, Inc,
133 NLRB 264.
672010-63-vol. 139-73
1140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the meaning of Section 9(b) of the Act: All motormen, derrickmen,
and floormen employed by the Employer in drilling operations, ex-
cluding all office clericals, professional employees, guards, drillers,
and all other supervisors as defined in the Act.
5. Although the question of eligibility was at issue, neither party
has taken any position with respect to it. While the record is not
too specific on the point, it appears that the minimum time consumed
in drilling a well is approximately 10 days and that a majority of
the employees hired at the drilling site work 10 or more days a year
for the Employer.' In these circumstances we believe that only
those employees who have worked 10 or more days during the year
preceding the eligibility date provided in this Direction of Election
have a substantial and continuing interest in conditions of employ-
ment with the Employer and that the selection of this figure will
insure a representative vote. We therefore find that in addition to
those in the unit who were employed during the payroll period im-
mediately preceding the date of the Decision and Direction of Elec-
tion, employees who have worked 10 or more days during the year
preceding the eligibility date for the election herein directed are
eligible to vote.
[Text of Direction of Election omitted from publication.]
Testimony of the Employer shows that employees with lesser periods of employment
than 10 days a year are usually those who for one reason or another are found un-
qualified for the job , leave the job before its completion , or apply for work near the
completion of the job.
Pipefitters' Local Union No. 522, and Plumbers and Gas Fitters
Local No. 107, United Association of Journeymen and Appren-
tices of the Plumbing and Pipefitting Industry of the United
States and Canada, AFL-CIO and Brown & Williamson
Tobacco Corporation . Case No. 9-CD-59-1. November 20, 1962
DECISION AND DETERMINATION OF DISPUTE
This is a proceeding under Section 10(k) of the Act, following a
charge filed by Brown & Williamson Tobacco Corporation, herein
called the Employer, alleging a violation of Section 8(b) (4) (D) by
Pipefitters' Local Union No. 522, United Association of Journeymen
and Apprentices of the Plumbing and Pipefitting Industry of the
United States and Canada, AFL-CIO (UA), herein called Local
522, the Pipefitters or Respondent, and by Plumbers and Gas Fitters
Local No. 107, UA,1 herein called Local 107. Pursuant to notice, a
l Although Local No. 107 was not actively engaged in this dispute, members of Local
107 do backup work for members of Pipefitters Local 522. Locals 107 and 522 are parties
to a collective -bargaining agreement with the Employer . Accordingly , Local 107 appeared
at the hearing and agreed to be bound by any determination the Board might make.
139 NLRB No. 93.