The Texas Pipe Line Co.

National Labor Relations Board - Board DecisionsFeb 20, 1947

72 N.L.R.B. 883 (N.L.R.B. 1947)

In the Matter of THE TEXAS PIPE LINE COMPANY , EMPLOYER and OIL WORKERS INTERNATIONAL UNION (CIO), PETITIONER Case No. 16-R-2022.-Decided February 20, 1947 Messrs. D. D. Howard and S. G. Kershner, of Houston , Tex., and Mr. 0. A. Newport, of Lafayette , La., for the Employer. Mr. 0. R. Landon, of Dallas, Tex., for the Petitioner. Mr. Thomas B. Sweeney , of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES Upon a petition duly filed, the National Labor Relations Board, on November 26, 1946, conducted a prehearing election among em- ployees of the Employer in the alleged appropriate unit, to determine whether or not they desired to be represented by the Petitioner for the purposes of collective bargaining. At the close of the election , a Tally of Ballots was furnished the parties. The Tally shows that there were approximately 261 eligible voters, of whom 213 cast valid ballots, 150 of which were for, and 63 against, the Petitioner ; there were 9 void ballots. No objections have been filed to the conduct of the election. Thereafter , a hearing in the case was held at Houston, Texas, on January 3, 1947, before Lewis Moore, hearing officer. The rulings of the hearing officer made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT 1. TIIE BUSINESS OF THE EMPLOYER rl,'he Texas Pipe Line Company is a Texas corporation doing business ,is a common carrier in the States of Texas, Oklahoma, Illinois, In- diana, Louisiana, and Montana. It operates approximately 6,409 72 N. L. R. B., No. 149. 883 884 DECISIONS OF NATIONAL LABOR RELATIONS BOARD miles of trunk and gathering pipe lines within these States for the gathering and transportation of crude oil. During the year 1946, it transported at least 30 million barrels of crude oil and petroleum products, a substantial quantity of which was transported through its East Texas-Louisiana lines. A portion of the oil originating in the States of Texas and Louisiana is transported through the Em- ployer's lines to points within the State of Texas. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. - III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the -Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IN,. THE APPROPRIATE UNIT In accordance with the agreement of the parties and upon the entire record, we find that all operating and maintenance employees of the Employer's East Texas-Louisiana Division, including tour engineers, district gaugers, and assistant master mechanics, and excluding chief main line engineer, chief tour engineer, dock foremen, chief delivery gaugers, superintendents, assistant superintendents, district foremen, assistant district foremen, maintenance foremen, supervisors of in- dustrial relations, mechanical engineers, civil engineers, master mechanics, welding foremen, gang foremen, carpenter foremen, assistant gang foremen, tank foremen, draftsmen, phone operators, oil operators, telegraphers, troublemen, linemen, janitors, stenographers, clerks, field clerks, junior clerks, warehousemen, district clerks, chief clerks, assistant chief clerks, any other technical, administrative, and clerical employees, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, con- THE TEXAS, PIPE LINE COMPANY 885 stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES Inasmuch as the Petitioner has received a majority of the valid votes cast in the prehearing election, we shall certify it as the exclusive bargaining representative of all employees in the appropriate unit. CERTIFICATION OF REPRESENTATIVES IT Is IIEREBY CERTIFIED that Oil Workers International Union (CIO) has been designated and selected by a majority of the employees in the unit hereinabove found to be appropriate and that pursuant to Section 9 (a) of the Act, the said organization is the exclusive bargain- ing representative with respect to rates of pay, wages, hours of em- ployment, and other conditions of employment.