Spandsco Oil & Royalty Co.

National Labor Relations Board - Board Decisions

Sep 1, 1942

43 N.L.R.B. 886 (N.L.R.B. 1942)

In the Matter of SPANDSCO-OIL & ROYALTY COMPANY and INTERNA-
TIONAL UNION OF OPERATING ENGINEERS , LOCAL No. 460, A. F. OF L.
Case No. RDIIP4.Decided September 1, 1942
Jurisdiction : oil producing industry. r -
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all pumpers and toustabouts at
Company's Powell Field, excluding the foreman.
Mr. Morris J. Jaffe, of Dallas, Tex., for the Company.
Mr. A. J. Reinhard, of Ft. Worth, Tex., and Mr. Orvil Inge, of
Corsicana, Tex., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union of Operating En-
gineers, Local No. 460, A. F. of. L., herein called the Union, alleging.
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Spandsco Oil & Royalty Company, Dallas
Texas, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Albert
P. Wheatley, Trial Examiner. Saiil hearing was held at Dallas,
Texas, on September 15, 1941. The Company-and-the Union appeared,
participated, and were afforded full opportunity to be heard, to exam-
ine and cross-examine witnesses, and to introduce evidence bearing on
the issues. , During the.course of-the hearing, counsel for the Company
moved to dismiss the petition on the ground that the Company is not
engaged in commerce within the meaning of the National Labor Rela-
tions Act and on the ground that the unit urged by the Union, is in-
appropriate. The Trial Examiner reserved his rulings thereon. The
motions are hereby denied. The Trial Examiner's rulings made at the,
hearing are free from the prejudicial error and are hereby affirmed.
43 N. L. R. B., No. 149
-886
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SPANDSCO OIL & ROYALTY COMPANY 887
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Spandsco Oil & Royalty Company is a Texas' corporation with its'
principal office in Dallas, Texas, engaged in the production and sale
of crude oil . It operates approximately 13 oil wells in Navarro County,
Texas, known as'the Powell Field with which we
,
are' here concerned.
The Company employs six individuals at the Powell Field. All the
oil produced at the Powell Field is sold by the Company to the Sin-
clair Prairie Oil Marketing Company and is delivered on the leased
property of the Company to a pipe line operated by the Sinclair Refin-
ing Company , Pipe Line Department , from which it thereafter flows
..into a line leading to the Sinclair Refining Company 's refinery at
Houston, Texas. In this movement , it is so commingled with other
oil from North, East Central , and East Texas. Part of the mixed
stream of oil is refined at the Houston Refinery of Sinclair Refining
Company and part is shipped to the Marcus Hook, Pennsylvania, re-
finery of Sinclair Refining. Company. The commingled stream flow-
ing into the Houston Refinery amounts to about 60,000 barrels daily,
approximately 40,000 barrels of which is refined at Houston and the
balance shipped to Marcus Hook, Pennsylvania.
H. THE ORGANIZATION INVOLVED
International Union of Operating Engineers, Local No . 460, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive
representative of the Company's employees until such time as the
Board determines the exclusive bargaining representatives of its
employees ,in an appropriate unit.
The record indicates that the Union represents a substantial num-
ber of the-employees in the unit hereinafter found to be 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 National Labor
Relations Act.
'Testimony during the course of the hearing indicates that the Union represents three
employees working at the Powell Field of the Company. There are five employees in
the unit hereinafter found to be appropriate.
888
IV. THE APPROPRIATE UNIT
The Union contends that all pumpers and roustabouts at the Powell
Field of the Company, excluding the foreman , , constitute an appro-
priate unit . The only controversy with respect to the unit concerns
the foreman.
The Company has an employee at its Powell Field named McCoy.
The Union contends he is a foreman and should be-excluded from the
unit . The Company urges that he be included in the unit. The
record indicates that McCoy is the only employee of the Company
who is present at the Powell Field at all times. He gives instruc-
tions to the other employees and it appears that he may hire and
discharge subject to the approval of the president of,the Company.
Under the circumstances , we find that McCoy is a foreman and shall
exclude him from the unit.
We find that all pumpers and roustabouts at the Powell Field of
the Company, excluding the foreman , 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
employees 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.
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, 49 Stat. 449 , and pursuant to Article III, Section 8, of
National Labor Relations Board Rules 'and Regulations-Series 2, as
amended, it is hereby,
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Spandsco Oil &
Royalty Company, Dallas, 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, Section 9, 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
DECISIONS ' OF NATIONAL LABOR RELATIONS BOARD-
SPAN'DSCO OIL & ROYALTY COMPANY 889'
date of this Direction, including any such employees who did not
work during said pay-roll period because they were ill or on vacation
or in the active military service or training of the United States or
temporarily laid off, but excluding any who have since quit or been
discharged for cause, to determine whether, or not they desire to be
represented by International Union of Operating Engineers, Local'
No., 460, affiliated with the American Federation of Labor, for the•
purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration' of the above-
Decision and Direction of Election.
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