Kendall Refining Co.

National Labor Relations Board - Board Decisions

Dec 30, 1944

59 N.L.R.B. 1334 (N.L.R.B. 1944)

In the Matter of KENDALL REFINING COMPANY and INTERNATIONAL
UNION OF OPERATING ENGINEERS , LOCAL 803, A. F. L.
Case No. 6-R-1043.-Decided December 30,1944
Mr. Ola C. Cool, of New York City, and Mr. 117. M. Magee, of Brad-
ford, Pa., for the Company.
Mr. Charles L. Miller, of Bradford, Pa., and Mr. Robert A. War-
ner, of Erie, Pa., for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF-ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Operating
Engineers, Local 803, A. F. L., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Kendall Refining Company, Bradford, Pennsyl-
vania, herein called the Company, the National Labor Relations
Board provided- for an appropriate hearing upon due notice before
Allen Sinsheimer, Jr., Trial Examiner. Said hearing was held at
Bradford, Pennsylvania, on November 14, 1944. 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 Ex-
aminer'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.
't7pon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Kendall Refining Company is a Pennsylvania corporation, engaged
in the production and refining of oil with properties in the State of
New York and the-Commonwealth of Pennsylvania. The Company
- 59 N. L. R. B., No. 243.
1334
KENDALL REFINING COMPANY 1335
has a refinery in Bradford, Pennsylvania, including "related opera-
tions at Fosterbrook, Pennsylvania. During the past 12-month pe-
riod, the value of crude oil used by the Company amounted to approxi-
mately $4,000,000, of which about .5 of 1 percent was shipped to the
Company from points outside the Commonwealth of Pennsylvania.
During the same period, the Company's production, consisting of
lubricants, greases, and petroleum specialties, was valued at ap-
proximately $9,000,000, of which about 90 percent was shipped outside
the Commonwealth of Pennsylvania.
The Company admits for the purpose of this proceeding, that it
is engaged in commerce within the meaning of the National Labor
Relations Act.
H. THE ORGANIZATION INVOLVED
International Union of Operating Engineers, Local 803, affiliated
with the American Federation of Labor is a labor organization ad-
witting 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 certain of the Company's em-
ployees until the Union has been certified by the Board in an appro-
priate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number„
of employees in the unit hereinafter found appropriate.'
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
The parties are in general agreement that all employees employed
in, or attached to the Company's refinery at Bradford, including
Fosterbrook, pipe-line employees, stock clerk and his helper, and
the main and job 'order clerk, but excluding laboratory, office and
clerical employees, salesmen, administrative employees, foremen,
assistant foremen, and all other supervisory employees constitute an
appropriate unit. They are in disagreement, however, with respect
to the field or production employees. The Union desires their ex-
1 The Field Examiner reported that the Union submitted 149 designation cards ; that the
cards were dated as follows : 30 in 1943, 13 between January and June, inclusive, 1944, and
106 between July and September, inclusive, 1944. There are approximately 315 employees
in the unit.
1336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
elusion, whereas the Company contends that they should be included.
The Company has divided its operations into three administrative
divisions, refinery, pipe-line, and production. Each has its own
superintendent and supervisory structure. The employees of the
production department are engaged in duties relating entirely to
obtaining the crude oil from the ground. They engage in drilling
and tool dressing. The oil is pumped directly from the wells into the
field tanks by the production employees and the pipe which is con-
nected to the field tanks from the wells is connected and maintained by
those employees. It is clear, therefore, that their responsibility ends
with the field operation. The pipe-line employees, on the other hand,
engage in duties which initiate the refinery operations whereby crude
oil is manufactured into petroleum products. They gauge the oil in
the field tanks, connect the pipe line from the field tanks to the indi-
vidual tanks on the "tank farm," the latter being considered part
of the refinery, and being located about 2,000 feet from the refinery.
The transmission of the oil from the field tanks to the farm tanks and
from the farm tanks to the refinery is the responsibility of the pipe-
line employees. They also operate the pump stations which are
located between the field tanks and the tank farm and which are con-
sidered part of the pipe-line department. Although the Company
maintains a separate pay roll for the production department, the
pipe-line department and the refinery employees are on one pay roll.
The operations of the refinery and the pipe-line department are
closely integrated, and we are of the opinion that the interests of the
employees of these two departments are sufficiently different from
those of the production employees to justify their constituting a
separate unit appropriate for the purposes of collective bargaining.
We find that all employees employed in, or attached to the Com-
-pany's refinery at Bradford, Pennsylvania, including Fosterbrook,
the pipe-line department, the stock clerk and his helper, and the main
and job order clerk, but excluding production employees, laboratory
employees, office and clerical employees, salesmen, administrative
employees, foremen, assistant foremen,2 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, 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 the
2 William A . Knapp is deemed to be excluded as falling within this category.
KENDALL REFINING COMPANY 1337
employees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 Rela-
tions 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 representa-
tives for the purposes of collective bargaining with Kendall Refining
Company, Bradford, Pennsylvania, an election by secret ballot shall
be conducted 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 Sixth 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 the
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees'who did not work during
the said pay-roll period because they were ill or on vacation or tem-
porarily 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 date of the election,
to determine whether or not they desire to be represented by Int.
Union of Operating Engineers, Local $ 803, A. F. of L.,3 for the
purposes of collective bargaining.
3 The Union requested to appear on the ballot in the manner set forth above.