Phillips Petroleum Co.

National Labor Relations Board - Board Decisions

Jul 9, 1945

62 N.L.R.B. 1204 (N.L.R.B. 1945)

In the Matter of PHILLIPS PETROLEUM COMPANY and OIL WORKERS
INTERNATIONAL UNION, C. I. O.
Case No. 13-R-2912.-Decided July 9, 1945
Messrs. Cecil L. Hunt, Louis A. Whitehair, and J. W. Boyd, of Bartles-
ville, Okla., for the Company.
Mr. Lawrence L. Meskirnen, of Whiting, Incl., for the C. I. O.
Mr John H. LaRozve, of Independence, Kans, Mr. C. R. Redinan, of
Hammond, Ind., and Mr. John Gergely, of East Chicago, Ind., for the
A. F. of L.
11/1r. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Oil Workers International Union, C. I. 0.,
herein called the C. I. 0., alleging that a question affecting commerce had
arisen concerning the representation of employees of Phillips Petroleum
Company, East Chicago, Indiana, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing upon
due notice before Benjamin B. Salvaty, Jr., Trial Examiner. Said hearing
was held at Chicago, Illinois, on May 14, 1945. At the commencement of
the hearing, the Trial Examiner granted a motion of International Union
of Operating Engineers, Local 434, A. F. of L., herein called the A. F.
of L., to intervene. The Company, the C. I. 0., and the A. F. of L.
appeared, participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Trial Examiners' 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:
62 N. L R B , No 159
1204
PHILLIPS PETROLEUM COMPANY 1205
FINDINGS' OF FACT
1. THE BUSINESS OF TI-IE COMPANY
Phillips Petroleum Company is a Delaware corporation with its princi-
pal office at Bartlesville, Oklahoma. The Company maintains offices and
plants in various States where it is engaged in the production, refining,
sale, and distribution of petroleum products. It also operates a pipe line
which runs from Borger, Texas, to East Chicago, Indiana. We are here
concerned solely with the East Chicago terminal of this pipe line. The
Company receives products valued in excess of $5,000,000 annually at
its East Chicago terminal, all of which is shipped to it from points outside
the State of Indiana. The Company annually ships products from its
East Chicago terminal valued in excess of $5,000,000, approximately 80
percent of which is shipped to points outside the State of-Indiana.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Oil Workers International Union is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership em-
ployees of the Company.
International Union of Operating Engineers, Local 434, is a labor
organization affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
On February 20, 1945, the C. I. O. notified the Company that it
claimed to represent a majority of the employees at the East Chicago,
Indiana, terminal of the Company and requested a collective bargaining
conference. The Company refused this request on the ground that it was
operating under a contract with the A. F. of L
On April 1, 1942, the Company and the A F of L. entered into a
maintenance of membership contract. The contract provides that it shall
remain in effect until April 1, 1943, and from year to year thereafter unless
notice of a desire to terminate is given by either party thereto not less
than 30 days prior to any annual expiration date No such notice has ever
been given. The A. F. of L. contends that its contract constitutes a bar to
the instant proceeding. Inasmuch as the C I. O. made its claim in timely
fashion, we conclude that the contract does not constitute a bar to a deter-
mination of representatives at this time
A statement of a Field Examiner of the Board, introduced into evi-
1206 D1El.IS1ONS OF NATIONAL LABOR RELATIONS BOARD
dence at the hearing, indicates that the C. I. O. represents a substantial
number of 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 Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties, that all production
and maintenance employees at the East Chicago, Indiana, terminal of the
Company, including Class "A" and "B" testers, yard foreman, and tank
car foreman, but excluding office and clerical employees, watchmen, chief
chemist, superintendent, and any other supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, 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 means of an election by secret ballot among the em-
ployees 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 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 representatives
for the purposes of collective bargaining with Phillips Petroleum Company,
East Chicago, Indiana, 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 Thirteenth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Sections 10 and 11,
1 The Field Examiner reported that the C 1 0 presented 7 authorization cards bearing the names
of persons who appear on the Company's pay roll of March 31, 1945 There are approximately 28
employees in the appropriate unit The C I. 0 's showing is substantial in view of the maintenance
of membership clause in the Company' s contract with the A F of L The A. F of L did- not present
any evidence of representation, but relies upon its contract as evidence of its interest in the instant
proceeding
2 This is substantially the same unit as provided for in the contract between the A F of L and the
Company, alluded to above
PHILLIPS PETROLEUM' COMPANY 1207
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 date of this Direction, including employ-
ees who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, and including employees in the
armed forces of the- United States who present themselves in person at
the polls, but excluding any who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether they desire to be represented by Oil Workers
International Union. C I. 0., or by International Union of Operating Engi-
neers, Local 434, A. F. of L., for the purposes of collective bargaining,
or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion and Direction of Election.