Stanolind Oil and Gas Co.

National Labor Relations Board - Board Decisions

Dec 30, 1952

101 N.L.R.B. 1569 (N.L.R.B. 1952)

STANOLIND OIL AND GAS COMPANY 1569
Appendix A
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
Relations Act, we hereby notify our employees that :
WE wILL NOT interrogate our employees concerning their membership or
activities in any labor organization, or whether they have been asked to
join, assist, or participate in any labor organization, or their attitude toward
authorization of a labor organization to represent them or toward organiza-
tion of employees for the purposes of collective bargaining or mutual aid
or protection.
WE WILL NOT solicit, request, or assist any of _our employees to abandon or
withdraw any authorization given to a labor organization to represent them,
or to abandon or withdraw from any membership in or activities in or on
behalf of any labor organization, or to state their attitude toward repre-
sentation by, or membership or activities in, any labor organization.
WE WILL NOT in any other manner interfere with, restrain, or coerce our
employees in the exercise of their right of self-organization; to form, join,
or assist labor organizations; to join or assist LOCAL UNION No. 611, affili-
ated with INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA, A. F. L.; to bargain collectively through
representatives of their own choosing ; to engage in concerted activities for
the purposes of collective bargaining or other mutual aid or protection;
and to refrain from any or all of such activities ; except to the extent that
such right may be affected by an agreement requiring membership in a labor
organization as a condition of employment, as authorized in Section 8 (a) (3)
of the Act.
All our employees are free to become or remain, or to refrain from becoming
or remaining, members of any labor organization, except to the extent that such
right may be affected by an agreement requiring membership in a labor organiza-
tion as a condition of employment, as authorized in Section 8 (a) (3) of the Act.
UNITED BISCUIT COMPANY OF AMERICA,
UNION BISCUIT DIVISION,
Employer.
Dated -------------------- By ------------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof, and must
not be altered, defaced, or covered by any other material.
STANOLIND OIL AND GAS COMPANY and OIL WORKERS INTERNATIONAL
UNION, CIO. Case No. 30-CA-251. December 30, 195'
Decision and Order
On September 4, 1952, Trial Examiner Howard Myers issued his
Intermediate Report in the above-entitled proceeding, finding that
the Respondent had engaged in and was engaging in certain unfair
labor practices, and recommending that it cease and desist therefrom
101 NLRB No. 246.
1570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and take certain affirmative action, as set forth in the copy of the
Intermediate Report attached hereto. Thereafter, the Respondent
filed exceptions to the Intermediate Report.
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 [Chairman Herzog and Members Houston and Murdock].
The Board has reviewed the rulings made by the Trial Examiner
at the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the Respondent's exceptions, and the entire record in
the case,' and hereby adopts the findings, conclusions, and recom-
mendations of the Trial Examiner.
Order
Upon the entire record in this case and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that the Respondent, Stanolind Oil and Gas
Company, Elk Basin, Wyoming, its officers, agents, successors, and
assigns, shall :
1. Cease and desist from :
(a) Refusing to bargain collectively with Oil Workers International
Union, CIO, as the exclusive representative of all production and
maintenance employees at the Respondent's Elk Basin, Wyoming,
plant, including employees in the process, mechanical, and mainte-
nance classifications, but excluding professional and clerical employees,
guards, and supervisors as defined in the Act.
(b) In any manner interfering with the efforts of Oil Workers
International Union, CIO, to bargain collectively with it in behalf
of the employees in the aforesaid appropriate unit.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Upon request, bargain collectively with Oil Workers Interna-
tional Union, CIO, as the exclusive bargaining represenative of all
the employees in the aforesaid appropriate unit with respect to wages,
rates of pay, hours of employment, or other conditions of employment,
and embody in a signed agreement any understanding reached.
(b) Post at its place of business in Elk Basin, Wyoming, copies of
the notice attached to the Intermediate Report marked "Appendix A." 2
i Pursuant to a stipulation of the parties, the Trial Examiner received in evidence the
entire record in the representation case, 30-RC-676 (98 NLRB 973). This record, as well
as the entire record in the instant case, has been considered by the Board.
' This notice, however, shall be and it hereby is amended by striking from the first para-
graph thereof the words "The Recommendations of a Trial Examiner" and substituting in
lieu thereof the words "A Decision and Order." In the event that this Order is enforced
by a decree of a United States Court of Appeals, there shall be substituted for the words
"Pursuant to a Decision and Order" the words "Pursuant to a Decree of the United States
Court of Appeals, Enforcing an Order."
STANOLIND OIL AND GAS COMPANY 1571
Copies of said notice, to be furnished by the Regional Director for
the Seventeenth Region, shall, after being duly signed by the Re-
spondent's representative, be posted by the Respondent immediately
upon receipt thereof and maintained by it for a period of sixty (60)
consecutive days thereafter in conspicuous places, including all places
where notices to employees are customarily posted. Reasonable steps
shall be taken by the Respondent to insure that said notices are not
altered, defaced, or covered by any other material.
(c) Notify the Regional Director for the Seventeenth Region, in
writing, within ten (10) days from the date of this Order, what steps
the Respondent has taken to comply herewith.
Intermediate Report and Recommended Order
STATEMENT OF THE CASE
Upon a charge duly filed on May 29, 1952, by Oil Workers International Union,
affiliated with Congress of Industrial Organizations, herein called the Union,
the General Counsel of the National Labor Relations Board, herein respectively
called the General Counsel and the Board, by the Regional Director for the
Seventeenth Region (Kansas City , Missouri ), issued his complaint on June 23,
1952,1 against Stanolind Oil and Gas Company, Elk Basin, Wyoming, herein
called Respondent, alleging therein that Respondent has engaged and is engaging
in unfair labor practices affecting commerce within the meaning of Section 8
(a) (1) and ( 5) and Section 2 (6) and (7) of the National Labor Relations`
Act, as amended, 61 Stat. 136, herein called the Act.
Copies of the complaint and charge, together with notice of hearing thereon,
were duly served upon Respondent and the Union.
With respect to the unfair labor practices the complaint alleged in substance
that (1) on March 31, the Board in its Decision and Direction of Election in
Case No. 30-RC-676 (98 NLRB 973), found that all production and maintenance
employees of Respondent's Elk Basin , Wyoming, plant, including employees in
the process, mechanical, and maintenance classifications, but excluding pro-
fessional and clerical employees, guards, and supervisors as defined by the Act,
constituted a unit appropriate for the purposes of collective bargaining; (2)
on or about May 1, the Board, in its certification of representatives in the afore-
said case , certified the Union as the exclusive representative of all the employees
in said unit for the purposes of collective bargaining, and that the Union is still
such representative; (3) since on or about May 19, Respondent has failed and
refused to bargain collectively with the Union; and (4) by the foregoing acts
and conduct, Respondent has interfered with, restrained, and coerced its em-
ployees in the exercise of the rights guaranteed in Section 7 of the Act.
Respondent duly filed an answer denying the commission of the alleged unfair
labor practices. The answer admitted, however, the allegations of the com-
plaint as to the corporate existence of Respondent and the allegations that it
refused to bargain collectively with the Union. By way of affirmative defense,
the answer asserted that the Board erred in its findings in Case No. 30-RC-676
as to the appropriateness of the unit in question for the reasons, inter alza, that
the Board's findings in that case are (1) not supported by, and contrary to,
the evidence, (2) contrary to law, arbitrary, and capricious, and (3) based
upon considerations contrary to the express provisions of the Act.
I Unless otherwise noted all dates refer to 1952.
242305--53-100
1572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to notice, a hearing was held on July 25, at Denver, Colorado, before
the undersigned, the duly designated Trial Examiner. The General Counsel,
Respondent, and the Union were represented and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence pertinent to the issues was afforded all parties. At the
conclusion of the hearing, Respondent's counsel moved to dismiss the complaint.
Decision was reserved. The motion is hereby denied. The parties were then
advised that they might file briefs or proposed findings of fact or conclusions of
law, or both, with the undersigned on or before August 14. Proposed findings of
fact and conclusions of law have been received from Respondent's counsel and
are disposed of in accordance with the findings, conclusions, and recommenda-
tions hereinafter set forth.
Upon the entire record in the case, the undersigned makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF RESPONDENT
The Stanolind Oil and Gas Company, a Delaware corporation, has its principal
offices at Tulsa, Oklahoma. It is engaged principally in the business of exploring
for and producing crude petroleum and gas in several States of the United States.
Its operations are divided into four divisions including, inter alia, the Rocky
Mountain Division, which embraces the States of Wyoming, Colorado, Montana,
and Utah. Respondent operates a repressuring plant at Elk Basin, Wyoming,
the employees of which are the only ones involved in this proceeding, where it
produces in excess of 10,000 barrels of crude petroleum per day. A substantial
part of said crude petroleum, either as such or as products or parts thereof,
moves in interstate commerce and the value thereof is in excess of $50,000
per year.
Upon the above admitted facts, the undersigned finds that Respondent is
engaged in commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
Oil Workers International Union, affiliated with Congress of Industrial Or-
ganizations, is a labor organization admitting to membership employees of
Respondent.
III. THE UNFAIR LABOR PRACTICES
The refusal to bargain collectively with the Union
1. The appropriate unit and representation of the Union of a majority therein
On March 31, the Board issued its Decision and Direction of Election in
Case 30-RC-676 (98 NLRB 973), in which it found that all production and
maintenance employees at Respondent's Elk Basin, Wyoming, plant, including
employees in the process, mechanical, and maintenance classification, but ex-
cluding professional and clerical employees, guards, and supervisors as defined
by the Act, constituted a unit appropriate for the purposes of collective bargain-
ing. On April 23, an election was held pursuant to the aforesaid direction of
election. According to the tally of ballots, certified to by representatives of
Respondent and the Union, of the 53 eligible voters 33 votes were cast for the
Union and 20 against. No objections to the voting or to the conduct of the
election were filed by either of the parties.
STANOLIND OIL AND GAS COMPANY 1573
On May 1 , the Board in its certification of representatives , issued for and on
'behalf of the Board by the Regional Director for the Seventeenth Region, cer-
tified the Union as the representative of the employees in the aforesaid unit
for the purposes of collective bargaining.
Respondent contests the appropriateness of the unit , referred to above, and
hence the subsequent certification of the Union. No additional evidence to sup-
port Respondent 's contention was introduced in the present proceeding except
certain correspondence by and between Board agents and Respondent pertain-
ing to Case No. 30-RC-676; briefs filed by Respondent and the Union with the
Board in Case No. 30-RC-676 ; copy of a petition filed on January 9, 1952, by
the Union herein in Case No. 39-RC--408 ; letter of the Regional Director of the
Sixteenth Region , dated February 18, dismissing the petition in Case No. 39-
RC-408 on the ground that the unit sought was inappropriate ; letter dated
March 5 from the Board 's Associate Executive Secretary acknowledging re-
ceipt of the Union's request for review of the Regional Director's refusal to
proceed in Case No . 39-RC-408; and letter dated March 19 from the Board's
Assistant Executive Secretary informing the parties in Case No. 39-RC--408 of
the Board 's ruling sustaining the Regional Director 's determination.
The undersigned is convinced , and finds, that the evidence relied on by Re-
spondent in this proceeding, including the evidence submitted by the parties
in Case No . 30-RC-676 and certain Board decisions of which Respondent desired
the undersigned to take official notice , is insufficient to warrant a finding that
the unit heretofore found by the Board is inappropriate. The undersigned
therefore finds that all production and maintenance employees at Respondent's
Elk Basin, Wyoming, plant , including employees in the process, mechanical, and
maintenance classifications , but excluding professional and clerical employees,
guards, and supervisors as defined by the Act constitute , and during all times
material herein constituted , a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act . The undersigned
further finds that since April 23 the Union has been the duly designated bargain-
ing representative of a majority of the employees in the aforesaid appropriate
unit, and that , pursuant to the provisions of Section 9 (a) of the Act, the Union
was on April 23, and at all times thereafter has been , and now is , the exclusive
representative of all the employees in the aforesaid unit for the purposes of
collective bargaining.
2. The refusal to bargain
By letter dated May 12, the Union requested Respondent to fix a time for the
purpose of commencing collective bargaining negotiations. By letter dated
May 19, Respondent wrote the Union stating, among other things, that it con-
sidered the Board's decision in the representation proceeding erroneous and
therefore it would not recognize the certification issued in that proceeding nor
would it bargain collectively with the Union as such representative until the
issues involved had been finally determined by judicial review. It is clear
from the said letter of Respondent that it would not recognize or deal with the
Union as the certified bargaining representative of the employees in the appropri-
ate unit, and from the admissions contained in the answer filed in this proceeding,
that at all times since May 19 Respondent has not receded from that position.
The undersigned accordingly finds that Respondent on May 19, and at all times
thereafter, has refused to bargain collectively with the Union as the exclusive
representative of its employees in the appropriate unit, and thereby has inter-
fered with, restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act.
1574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Iv. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of Respondent, set forth in section III, above, occurring in
connection with the operations of Respondent described in section I, above,
have a close, intimate, and substantial relation to trade, traffic, and commerce
among the several States, and tend to lead to labor disputes burdening and
obstructing commerce and the free flow of commerce.
V. THE REMEDY
Having found that Respondent has engaged in unfair labor practices, it will
be recommended that it cease and desist therefrom and take certain affirmative
action designed to effectuate the policies of the Act.
Having found that Respondent has refused to bargain collectively with the
Union as the exclusive representative of its employees, it will be recommended
that Respondent, upon request, bargain collectively with the Union and if an
understanding is reached embody such understanding in a signed agreement.
Upon the basis of the foregoing findings of fact and upon the entire record in
the case, the undersigned makes the following :
CONCLUSIONS OF LAw
1. Oil Workers International Union, affiliated with Congress of Industrial
Organizations, is a labor organization within the meaning of Section 2 (5)
of the Act.
2. All production and maintenance employees at Respondent's Elk Basin,
Wyoming, plant, including employees in the process, mechanical, and mainte-
nance classifications, but excluding professional and clerical employees, guards,
and supervisors as defined in the Act, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b) of the
Act.
3. Oil Workers International Union, affiliated with Congress of Industrial
Organizations, was, on April 23, 1952, and at all times since has been, the ex-
clusive representative of all employees in the aforesaid unit for the purposes of
collective bargaining within the meaning of Section 9 (a) of the Act.
4. By refusing on and after May 19, 1952, to bargain collectively with the
Union as the exclusive representative of the employees in the appropriate unit,
Respondent has engaged in and is engaging in unfair labor practices within the
meaning of Section 8 (a) (5) of the Act.
5. By interfering with, restraining, and coercing its employees in the exercise
of rights guaranteed in Section 7 of the Act, Respondent has engaged in and
is engaging in unfair labor practices within the meaning of Section 8 (a) (1)
of the Act.
6. The aforesaid unfair labor practices are unfair labor practices affecting
commerce within the meaning of Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication in this volume.]
Appendix A
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
Relations Act, we hereby notify our employees that :
McCLEERY-CUMMING COMPANY 1575
WE WILL bargain collectively upon request with OIL WORKERS INTERNA-
TIONAL UNION , affiliated with Congress of Industrial Organizations, as the
exclusive representative of all employees in the bargaining unit described
herein, with respect to grievances , labor disputes , wages, rates of pay, hours
of employment , and other conditions of employment , and, if an understand-
ing is reached , embody such understanding in a signed agreement. The
bargaining unit is :
All production and maintenance employees in the Respondent's Elk
Basin , Wyoming, plant, including employees in the process , mechanical,
and maintenance classifications , but excluding professional and clerical
employees , guards, and supervisors as defined by the Act.
WE wiry Nor interfere with the efforts of the above -named union to
bargain collectively with us, or refuse to bargain with said union, as the
exclusive representative of all our employees in the bargaining unit set
forth above or engage in any like or related acts or conduct.
All our employees are free to become or remain or refrain from becoming
members of the above -named union , or any other labor organization , except to
the extent that such right may be affected by an agreement in conformity with
Section 8 ( a) (3) of the National Labor Relations Act.
STANOLIND OIL AND GAS COMPANY,
Employer.
Dated --------------------- By --------------------------------------------
(Representative ) (Title),
This notice must remain posted for 60 days from the date hereof , and must
not be altered , defaced , or covered by any other material.
MCCLEERY-CUMMING COMPANY and INTERNATIONAL PRINTING} PRESS-
MEN & ASSISTANTS ' UNION OF NORTH AMERICA , AFL, PETITIONER.
Case No. 18RC-1703. December 30,1952
Decision and Direction of Elections
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Erwin A. Peterson, hearing
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 [Chairman Herzog and Members Styles and Peterson].
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 named below claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
101 NLRB No. 230.