Santa Fe Springs Waste Water Disposal Co.

National Labor Relations Board - Board DecisionsMay 28, 1946

68 N.L.R.B. 403 (N.L.R.B. 1946)

In the Matter of SANTA FE SPRINGS WASTE WATER DISPOSAL COMPANY and INDEPENDENT UNION OF PETROLEUM WORKERS Case No. 21-R-3064,-Decided May 28,1946 Mr. J. L. Goddard, of Los Angeles, Calif., for the Company. Mr. Rufus Bailey, of Los Angeles, Calif., for the Union. Mr. Elmer P Freischlag, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Independent Union of Petroleum Work- rein called the Union , alleging that a question affecting commerce concerning the representation of employees of Santa Fe ste Water Disposal Company, Santa Fe Springs, California, d the Company, the National Labor Relations Board provided propriate hearing upon due notice before Eugene M. Purver, aminer . The hearing was held at Los Angeles, California, on 1946. The Company and the Union appeared and participated. rties were afforded full opportunity to be heard , to examine and -examine witnesses , and to introduce evidence bearing on the issues. e Trial Examiner 's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I THE BUSINESS OF THE COMPANY Santa Fe Springs Waste Water Disposal Company is a non-profit Cali- fornia corporation engaged in the business of collecting, handling, treat- ing, and disposing of waste waters which result from the production of oil in several California oil fields. The Company was formed in 1928 by a number of oil producing companies in order to draw off and treat 68 N. L R. B., No. 49. 696966-46-27 403 404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD surplus water from the oil wells, so as to avoid violation of the Fish and Game Laws of the State of California and to abate nuisances on private land near the oil wells. These oil companies contributed the capital nec- essary to establish the Company and have since defrayed the annual ex- penses, which amount to approximately $100,000, on a contributory basis. The Company's officers are employees of oil companies serviced by it. Among the 44 oil companies making use of the Company's disposal sys- tem are Shell Oil Company, Union Oil Company, General Petroleum Corporation, Texaco Company, Tidewater Associated, Standard Oil Company, and Kern Oil Company. Although its operations are limited to the State of California and the amount of its purchases and sales of materials is small,' the Company renders a necessary service to the oil producing companies, many of whom are engaged in interstate com- merce. A labor dispute among the Company's employees would undoubt- edly burden or obstruct the operations of these oil companies. Accordingly, we find, contrary to the contention of the Company, that it is engaged in commerce within the meaning of the National Labor Relations Act.2 II. THE ORGANIZATION INVOLVED Independent Union of Petroleum Workers is a labor orgai mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union a exclusive bargaining representative of any of its employees until Union has been certified by the Board in an appropriate unit. An affidavit, introduced into evidence at the hearing, indicates that the Union represents all the employees in the unit hereinafter found appropriate.3 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. 'During 1945 , the Company purchased approximately $6,000 worth of aluminum sulphate, all of which was purchased within the State, and about $2,000 worth of repair and replacement materials , about 10 percent of which was shipped into the State . During the same period, the Company sold reclaimed oil valued at about $2,800. 1 See Butler Brothers v. N. L. R. B., 134 F. (2d) 981 (C. C. A. 7), cert . denied 320 U. S. 789; Matter of W. E. Horne Engineering Company, 61 N. L. R. B. 742; Matter of McCarthy Manufacturing Company, 59 N. L. R. B. 1244. s The Union introduced into evidence at the hearing an affidavit of the Secretary of its La Habia No. 1 Chapter, which certifies that eight members in good standing listed thereon are presently employed by the Company, and are in the unit petitioned for herein . There are eight employees in the appropriate unit. SANTA FE SPRINGS WASTE WATER DISPOSAL COMPANY IV. THE APPROPRIATE UNIT 405 We find, substantially in accordance with the agreement of the par- ties , that all employees on the classified pay roll of the Company, exclud- ing 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 employees in the appropriate unit who were employed during the pay-roll period im- mediately preceding the date of the Direction of Election 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 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 Santa Fe Springs Waste Water Disposal Company Santa Fe Springs, California, 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 Twenty-first 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 Regu- lations, among employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately pre- ceding the date of this Direction, including employees who did not work during 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 exclud- ing those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elec- tion, to determine whether or not they desire to be represented by Inde- pendent Union of Petroleum Workers, for the purposes of collective bargaining. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction of Election.