Phillips Petroleum Co.

National Labor Relations Board - Board Decisions

Aug 23, 1945

63 N.L.R.B. 499 (N.L.R.B. 1945)

111 the Matter of PHILLIPS PETROLEUM COMPANY and INTERNATIONAL
UNION OF OPERATING ENGINEERS ( A. F. OF L.)
Case No. 16-R-1364 .-Decided August 23,1945
Mr. Ed. Waite Clark, of Bartlesville , Okla., and Mr . B. A. Daniels,
of Oklahoma City, Okla., for the Company.
Mr. R . L. Bruce , of Fort Worth, Tex ., for the Union.
Mr. David V. Easton , of counsel to the Board.
DECISION
AND '
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Operating En-
gineers (A. F. of L), herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Phillips Petroleum Company, Odessa, Texas, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before William J. Scott, Trial
Examiner. Said hearing was held at Fort Worth, Texas, on July 6,
1945. The Company and the Union appeared and participated. All
parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing 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 an 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
Phillips Petroleum Company, a Delaware Corporation with its prin-
cipal operating office in Bartlesville, Oklahoma, maintains branch
offices in the various States where it is engaged in the production, re-
fining, and distribution of petroleum products. We are concerned
herein solely with the Company's employees in its Big Spring and
West Texas-New Mexico districts of the production department.
63 N. L. R. B, No 77.
662514-46-vol 63--33 499
500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The average gross production of oil in the above-mentioned district is
approximately 24,000 barrels, which is sold to other companies and
is then transported both inside and outside the States of Texas and
New Mexico.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.,
II. THE ORGANIZATION INVOLVED
International Union of Operating Engineers, affiliated with the
American Federation of Labor, is a labor organization admitting to,
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATIVES
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number 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 mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accord with an agreement of the parties,
that all regular production department employees of the Company in
its Big Spring and West Texas-New Mexico districts, including field
mechanic helpers, unit operators, oil pumpers and resident oil pump-
ers, roustabouts, and laborers, but excluding administrative officials,,
technical employees,3 clerical employees, janitors, drilling crews and
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action 4 constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section 9
(b) of the Act.
' See Matter of-Phillips Petroleum Company, 61 N. L. R. B. 806.
2 The Field Examiner reported that the Union submitted 37 designations, 36 of which,
bore apparently genuine original signatures of persons listed on the Company's pay roll for
the period ending May 15, 1945, and that there are approximately 73 employees in the-
proposed unit.
3 Associate engineers, oil treating engineers. junior engineers, and apprentice engineers
are within this category.
4 District superintendents, district chief clerks, lease foremen, subforemen , and field,
mechanic foremen come within this definition.
PHILLIPS PETROLEUM COMPANY 501
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 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 Rela-
tions 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 Phillips Petroleum
Company, Odessa, Texas, 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, Sec-
tions 10 and 11, 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 employees 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 election, to determine whether or not
they desire to be represented by International Union of Operating
Engineers, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.