The Atlantic Refining Co.

National Labor Relations Board - Board DecisionsMay 1, 1946

67 N.L.R.B. 1082 (N.L.R.B. 1946)

In the Matter of THE ATLANTIC REFINING COMPANY and OIL WORKERS INTERNATIONAL UNION, CIO, LOCAL No. 209 Case No. 16-R-1527.--Decided May 1, 1946 Mr. John F. Drake, of Dallas, Tex., for the Company. Messrs. H. L. Campbell and C. M. Florence, of Tulsa, Okla, for the Oil Workers. Mr. H. C. Renz, of Dallas, Tex., for the Independent. Mr. Hyman H. Ostrin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Oil Workers International Union, CIO, Local No. 209, herein called the Oil Workers, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of The Atlantic Refining Company, Tulsa, Oklahoma, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Earl Saunders, Trial Examiner. The hearing was held at Seminole, Oklahoma, on March 26, 1946. The Company, the Oil Workers, and Atlantic Em- ployees' Union, herein called the Independent, appeared and partici- pated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing 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 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 The Atlantic Refining Company, a Pennsylvania corporation, is engaged in manufacturing, refining, and selling petroleum and petro- leum products in various parts of the United States. The instant proceeding involves only the Company's Oklahoma District, located 67 N L. R. B., No. 138. 1082 THE ATLANTIC REFINING COMPANY 1083 entirely in the State of Oklahoma and having its main headquarters at Tulsa, and its production and maintenance headquarters at Semi- nole. During the year 1945, the Company produced in the District approximately 1 million barrels of crude oil, all of which was sold within the State of Oklahoma to crude oil purchasing companies and pipe line companies which in turn shipped most of this oil to points outside the State. The Company markets its products in 15 States along the Eastern Seaboard through dealers, jobbers and distributors. It also sells petroleum products in Europe, Africa, and South America through subsidiaries. The Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Oil Workers International Union, Local No. 209, is a labor organ- ization, affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Atlantic Employees' Union, unaffiliated, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Oil Workers as the exclusive bargaining representative of its employees until it is certified by the Board in an appropriate unit.' A statement of a Board agent, introduced into evidence at the hearing, indicates that the Oil Workers represents a substantial num- ber 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 meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties agree to a unit composed of all production and mainte- nance employees in the Company's Oklahoma district, including lease pumpers, roustabouts, truck drivers, and truck driver helpers, truck driver roustabouts, roustabout leadermen, and derrickmen, but ex- cluding warehouse clerks, office and clerical employees, technical em- I The record reveals that there is a currently existing contract between the Company and the Independent . There is no contention by the parties that the contract constitutes a bar to the instant proceeding. 2 The Field Examiner reported that the Oil Workers submitted 21 application cards bearing the names of employees listed on the Company's pay roll of October 21, 1945. There are approximately 37 employees in the appropriate unit The Independent relies on its contract of March 31 , 1945 , as proof of its interest in this proceeding. 1084 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees and supervisors. However, they are in dispute as to the in- clusion or exclusion of the following categories : Porter: The Oil Workers seeks to exclude the porter; the Com- pany and the Independent would include him. Because of the very nature of their employment the production and maintenance men, whom the parties have agreed to include within the bargaining unit, perform their work in the field, away from the office. The porter, on the other hand, performs all of his duties in and about the office, and has no contact with the production and maintenance employees. We shall accordingly exclude him.' Part-time pumpers: The Company would include the part-time pumpers, whereas the Oil Workers and the Independent would exclude them. There are six employees in this category, all of whom are self- employed farmers, who maintain isolated small stripper wells as regu- lar part-time employees .4 These employees work on the same basis as full-time employees with respect to rate of pay, duties, vacation, pension rights, and other conditions of employment. In view of the foregoing, we believe that there is a definite homogeneity of interest between the part-time and full-time pumpers, and we shall, accord- ingly, include the part-time pumpers in the unit.5 We find that all production and maintenance employees of the Com- pany in its Oklahoma District, including lease pumpers, part-time pumpers, roustabouts, truck drivers, truck driver helpers, truck driver roustabouts, roustabout leadermen, and derrickmen, but excluding warehouse clerks, porters, office and clerical employees, technical employees, and all supervisors with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of employ- ees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 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 immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. a See Matter of Norris Incorporated , 60 N. L. R . B. 297 ; Matter of St. Joseph Lead Company and Mine Lamotte Corporation , 53 N. L R. B. 661 ; Matter of Todd -Bath Iron Shipbuilding Corp., 45 N. L. R. B. 1367. 4 During the 2-week pay -roll period ending March 10, 1946 , two of the part-time pumpers worked 40 hours ; one, 21% hours ; one, 17 hours ; one, 27 hours ; and one , 34 hours. The number of hours which they work varies and differs upon how much time is required to maintain the wells to which they are assigned. 5 See Matter of The Procter & Gamble Manufacturing Co., 64 N L . R B. 1555 ; Matter of United Gas Pipe Line Company, 56 N. L. R B . 669; Matter of Wagner Folding Box Corp., 49 N. L. R. B. 346. THE ATLANTIC REFINING COMPANY DIRECTION OF ELECTION I G85 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 representa- tives for the purposes of collective bargaining with The Atlantic Refining Company, Tulsa, Oklahoma, 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, Sections 10 and 11, of said Rules and Regulations, among 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 dur- ing 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 those employees 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 they desire to be represented by Oil Workers International Union, CIO, Local No. 209, or by Atlantic Employees' Union, for the purposes of collective bargaining, or by neither. CHAIRMAN HERZOG took no part in the consideration of the above- Decision and Direction of Election.