Phillips Petroleum Co.

National Labor Relations Board - Board DecisionsAug 23, 1945

63 N.L.R.B. 499 (N.L.R.B. 1945)

111 the Matter of PHILLIPS PETROLEUM COMPANY and INTERNATIONAL UNION OF OPERATING ENGINEERS ( A. F. OF L.) Case No. 16-R-1364 .-Decided August 23,1945 Mr. Ed. Waite Clark, of Bartlesville , Okla., and Mr . B. A. Daniels, of Oklahoma City, Okla., for the Company. Mr. R . L. Bruce , of Fort Worth, Tex ., for the Union. Mr. David V. Easton , of counsel to the Board. DECISION AND ' DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Union of Operating En- gineers (A. F. of L), herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Phillips Petroleum Company, Odessa, Texas, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William J. Scott, Trial Examiner. Said hearing was held at Fort Worth, Texas, on July 6, 1945. 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'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 Phillips Petroleum Company, a Delaware Corporation with its prin- cipal operating office in Bartlesville, Oklahoma, maintains branch offices in the various States where it is engaged in the production, re- fining, and distribution of petroleum products. We are concerned herein solely with the Company's employees in its Big Spring and West Texas-New Mexico districts of the production department. 63 N. L. R. B, No 77. 662514-46-vol 63--33 499 500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The average gross production of oil in the above-mentioned district is approximately 24,000 barrels, which is sold to other companies and is then transported both inside and outside the States of Texas and New Mexico. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act., II. THE ORGANIZATION INVOLVED International Union of Operating Engineers, affiliated with the American Federation of Labor, is a labor organization admitting to, membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATIVES The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.2 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, substantially in accord with an agreement of the parties, that all regular production department employees of the Company in its Big Spring and West Texas-New Mexico districts, including field mechanic helpers, unit operators, oil pumpers and resident oil pump- ers, roustabouts, and laborers, but excluding administrative officials,, technical employees,3 clerical employees, janitors, drilling crews and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action 4 constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. ' See Matter of-Phillips Petroleum Company, 61 N. L. R. B. 806. 2 The Field Examiner reported that the Union submitted 37 designations, 36 of which, bore apparently genuine original signatures of persons listed on the Company's pay roll for the period ending May 15, 1945, and that there are approximately 73 employees in the- proposed unit. 3 Associate engineers, oil treating engineers. junior engineers, and apprentice engineers are within this category. 4 District superintendents, district chief clerks, lease foremen, subforemen , and field, mechanic foremen come within this definition. PHILLIPS PETROLEUM COMPANY 501 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 em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set. forth in the Direction. Â° 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 Rela- tions 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 Phillips Petroleum Company, Odessa, Texas, 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 Sixteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec- tions 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 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 date of the election, to determine whether or not they desire to be represented by International Union of Operating Engineers, affiliated with the American Federation of Labor, for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.