Southeastern Pipe Line Co.

National Labor Relations Board - Board Decisions

Jun 12, 1951

94 N.L.R.B. 1177 (N.L.R.B. 1951)

SOUTHEASTERN PIPE . LINE COMPANY 1177
SOUTHEASTERN PIPE LINE COMPANY and OIL WORKERS INTERNATIONAL
UNION, C. 1. 0., PETITIONER . Case No. 10-RC-1322. June 12,1951
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 Paul L. Harper, hearing offi-
cer. 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 Houston, Murdock, and Styles].
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
employees of the Employer.
3.. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Employer is engaged in transporting petroleum products
by pipelines from Port St. Joe, Florida, to various points within the
State of Georgia.
The parties are in general agreement with respect to the scope of
the proposed unit of operating and maintenance employees 2 except
that the Petitioner would include and the Employer would exclude
the following employee classification :
North and South Division clerks: These employees are clerks to
the division superintendents in the Employer's division offices. Their
duties include taking dictation and typing letters for the superin-
tendents, keeping time records for the operating and maintenance
employees in their respective divisions, and receiving and distributing
material to various stations in their divisions by truck. We find that
1 The hearing officer referred to the Board the Employer' s motion to dismiss the petition
on the ground that the Employer had not declined to meet with the Union . It is clear
from the Employer 's position at the hearing that a question of representation now exists
which can best be resolved by an election . Advance Pattern Company, 80 NLRB 29.
The Employer 's motion to dismiss is hereby denied.
The hearing officer also referred to the Board the Employer's motion that the Board
furnish to the Employer the application cards or other evidence submitted by the
Petitioner in support of the petition. This motion is denied as the Board has repeatedly
held that showing of interest is an administrative matter not subject to collateral attack.
. 2 The parties agreed to exclude from, the unit the following classifications : General
superintendent , division superintendents , station chiefs , maintenance foremen , assistant
maintenance foremen, and all employees in the Employer 's Atlanta main office. The
record shows that the chemist spends 6 percent of his time in the Atlanta office doing
clerical and engineering work. We shall therefore exclude him from the unit.
94 NLRB No. 179.
1178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the interests and working conditions of the division clerks are not
substantially different from those of the operating and maintenance
employees and are not unlike plant clerical employees. We shall
therefore include the clerks in the unit.
Welders, meter mechanics, master mechanic, Diesel mechanic, and
electrician: The Employer would exclude these individuals from the
unit as supervisors. The record shows, however, that these individuals
do not possess supervisory authority within the meaning of the Act.
To the extent that they direct their helpers, such direction is of the
type generally exercised by an experienced employee over those who
are less skilled. We shall therefore include these employees in the
Unit .3
We find that all operating and maintenance employees employed
by the Employer, including North and South Division clerks, welders,
meter mechanic, master mechanic, Diesel mechanic, and electrician,
but excluding the chemist, all office clerical employees, guards, profes-
sional employees, and supervisors as defined in the Act, constitute a
unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
8 Cf. United States Gypsum Company, 85 NLRB 162.
DEWEY & ALMY CHEMICAL COMPANY, INC.' and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, LOCAL 686, UAW-CIO, PETITIONER . Case,
No. 4-RC-634. June 12,1951
Decision and Direction of Election
Upon a petition duly filed, a hearing was held before William J.
Cavers, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston and Reynolds].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
I The name of the Employer appears as amended at the hearing.
94 NLRB No. 178.