Trade Winds Drilling Co.

National Labor Relations Board - Board Decisions

Nov 15, 1962

139 N.L.R.B. 1012 (N.L.R.B. 1962)

1012 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were employed during the payroll period immediately preceding the
date of the Decision and Direction of Election, employees who have
worked 10 or more days during the year preceding the eligibility date
for the election herein directed are eligible to vote.
[Text of Direction of Election omitted from publication.]
Trade Winds Drilling Company and Millwrights and Machinery
Erectors, Local Union No. 2834, AFL-CIO, Petitioner. Case
No. 27-RC-2279. November 15, 1962
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before F. T. Frisbey, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial 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 [Members Leedom, Fanning, and Brown].
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 involved claims to represent certain em-
pl oyees of the Employer.
3. The facts in the record before us are substantially the same as
the facts before us in the recently decided case of Sprecher Drilling
Corporation 2 The record here, as in Sprecher, indicates that the Em-
ployer is engaged in the business of exploratory oil drilling in approxi-
mately the same geographical area of Western States. It employs a
small nucleus of regular employees, who travel with the rigs from one
1 The hearing officer referred to the Board the Employer's motion to dismiss the peti-
tion on the following grounds: (1) The petition does not comply with the Board's Rules
and Regulations because it is not sworn before a notary public or other authorized person
and does not contain a declaration by the person signing it under the penalties of the
criminal code that its contents are true and correct to the best of his belief, (2) the
Petitioner has not demonstrated a Mpercent showing of interest; and (3) there is not
sufficient continuity and stability of employment to justify the finding of an appropriate
unit. As to (1), the record shows that the petition did contain the necessary declaration
that the contents were true and correct to the best of the knowledge and belief of the
person signing it and that said petition was signed As to (2) the sufficiency of the
Petitioner's showing of interest is an administrative matter not subject to litigation:
0. D Jennings & Company, 68 NLRB 516 We are administratively satisfied that Peti-
tioner's showing of interest is adequate. Finally, as to (3), we are finding for reasons
hereinafter set forth, an appropriate unit. In view of the foregoing we find the Employer's
contentions to be without merit. Accordingly, its motion to dismiss the petition is here-
with denied.
2 139 NLRB 1009
139 NLRB No. 80.
FITZPATRICK DRILLING COMPANY, INC. 1013
drilling project to another, and hires additional employees at each
project site. The Employer will where acceptable rehire those who
have worked for it previously. While the average length of employ-
ment among the locally hired workers varies according to the dura-
tion of the drilling operation, and other factors, it is established that
approximately 60 percent of those hired work 10 or more days a year.
All of the Employer's multistate operations are centrally controlled.
In view of the foregoing and for the reasons set forth in Sprecher
Drilling Corporation, we find that the Employer's operations have an
element of stability to them sufficient to enable the Board to define
a unit appropriate for collective bargaining purposes. We find, there-
fore, that a question affecting commerce exists concerning the repre-
sentation of certain employees of the Employer within Section 9 (c) (1)
and Section 2 (6) and (7) of the Act.
4. In view of the foregoing facts and for reasons set forth in
Sprecher Drilling Corporation, we find that the following employees
of the Employer constitute a unit appropriate for the purpose of
collective bargaining within the meaning of Section 9(b) of the Act:
All motor men, derrick men, and floor men employed by the Company
in drilling operations, excluding all office clericals, professional em-
ployees, guards, drillers,' and all other supervisors as defined in the
Act.
[Text of Direction of Election omitted from publication.]
s The record shows that drillers who are employed in such job classifications exercise
authority to hire and discharge and responsibly to direct the work of other employees.
Accordingly we find that they are supervisors within the meaning of Section 2(11) of the
Act and exclude them from the unit herein found appropriate.
Fitzpatrick Drilling Company , Inc.' and Millwrights and Ma-
chinery Erectors, Local No. 2834, AFL-CIO, Petitioner. Case
No. 27-RC-2280. November 15, 1962
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9(c) of the National La-
bor Relations Act, a hearing was held before F. T. Frisbey, 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 [Members Leedom, Fanning, and Brown].
1 The name of the Employer appears as corrected at the hearing.
139 NLRB No. 81.