Empire Pipeline Co.

National Labor Relations Board - Board Decisions

Jan 23, 1943

46 N.L.R.B. 1341 (N.L.R.B. 1943)

In the Matter of EMPIRE PIPELINE COMPANY anct OIL IYGRIa•Rs
INTERNATIONAL UNION
Case No. R-4737.-Decided January 23,1943
Jurisdiction : oil transporting industry.
Investigation and Certification of Representatives : existence of question :
refusal to grant recognition without certification of the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all of the Oklahoma employees of
the Company, including tank farm foremen and operator clerks, but excluding
district superintendents, assistant superintendents, master mechanic, traveling
machinist, chief gauger, connection foremen, assistant connection foremen,
district gaugers, district clerks, and all office and clerical employees.
Messrs. W. B. M11cGimnis, T.11. Butler, and Harry Nelson, all of
Bartlesville, Okla., for the Company.
Mr. T. Al. McCormick, of Tulsa, Okla, and Mr. H. L. Campbell, of
Oklahoma City, Okla., for the Union.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by the Oil Workers International Union,
affiliated with the Congress of Industrial Organizations, herein called
the Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Empire Pipeline Company,
Bartlesville,, Oklahoma, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Lindsay P. Walden, Trial Examiner.' Said hearing was
held at Oklahoma City, Oklahoma, on January 4,1942. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. No procedural questions
were raised requiring rulings by the Trial Examiner.
46 N L It. B, No. 166
• 1341
1342 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD
Upon the entire record in the case , the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Empire Pipeline Company is a Delaware corporation, doing buti-
ness principally in Oklahoma and Kansas. It is engaged in the gath-
ering and transportation of crude oil and refined oil products. Most
of its purchases of oil are from independent well owners and virtually
all of its sales are to Cities Service Oil Company or its subsidiaries.
During the months of September, October, and November, 1942, the
Company handled crude oil valued at approximately $3,797,000, about
65 percent of which was shipped to points outside the State of Okla-
homa. The Company maintains a main office in Bartlesville, Okla-,
homa, and several stations in which some clerical work is done.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Oil Workers International Union, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mbni
bership in its Local 232 employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On 'or about November 30, 1942, the Union requested recognition
from the Company; but the Company refused to recognize the Union
until it was certified by the Board as representing a majority of the
employees.
A statement .of a Field Examiner for the Board;; introduced in
evidence at the hearing, indicates that the Union represents a . sub-
stantial number of employees in the unit hereinafter' found to •be
appropriate., I
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) acid (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union, in its petition, asked for abargaining unit consisting
of all of then Oklahoma employees of the Company, including assist-
ant connection foremen, district clerk, district gaugers, tank farm
I The Field Examiner reported that the Union submitted 57 membership cards, all of
which bole apparently genuine signatures of persons appearing on the Company 's pay roll
of December 5, 1942. There are approximately 85 employees in the appropriate unit.
EMPIRE PIPELINE COMPANY 1343
foremen, operator clerks, but excluding district superintendents, as-
sistant district superintendents, master mechanic, traveling machin-
ist, chief gauger, connection foremen, and all office and clerical
employees. At the hearing the Union agreed that district clerks
should be excluded. The Company agreed to the above proposed
unit with the exceptions of assistant connection foremen, who it
considers are supervisory employees; district gaugers, who it con-
tends are administrative,-public-relations men; and operator clerks,
who it regards as clerical employees. .
The district gaugers buy all the oil which the Company runs
through its system, dealing in an open and competitive market.
They make the contacts with the parties who have oil available and
make the necessary arrangements for the purchase of their oil.
They determine whether the oil to be purchased is of merchantable
quality, and if it is not, do not purchase it. They measure the oil
flowing into the Company's system from the tanks in their district,
direct the pumpers when and how long to pump out the oil, make
the shut-offs, and complete the necessary purchase tickets. As the
district gaugers are the principal representatives of the Company in
its relations with persons from whom it purchases oil, we find that
they are too closely connected with, management to be included in the
unit involved here and, therefore, we shall exclude ,them.
There are only two assistant. connection foremen. Both act as
foremen in the absence of their foremen, who the Union agrees
should be excluded. One of these men is stationed in an isolated
location and seldom sees his foreman. Ninety percent of his time is
spent in supervision. The other assistant foreman spends over 60
percent of his time supervising one gang while his foreman handles
another. Both men report to their foremen or to the superintendent,
whichever is available. They are paid substantially more than the
men working under them' and they frequently hire and discharge
temporary employees. In view of these facts, we believe that the
assistant connection 'foremen are definitely within the classification
of supervisory employees and, therefore, we shall exclude them from
the unit.
Operator clerks, of whom there are six, are stationed at various
points along the pipeline. Their main function is to send and receive
telegrams or telephone messages t1 roughout the day and night, and
when they are not so occupied , they perform some minor clerical
duties. The Company agreed that unless at least half of their time
was spent on clerical duties, the operator clerks should be included.
While the record does not disclose the proportion of their time spent in
clerical duties , it does appear that they are primarily operators and
1344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that the clerical work they do is merely minor and incidental. Ac-
cordingly, we shall include them in the unit.
We find, therefore, that all of the Oklahoma employees of the Com-
pany, including tank farm foremen and operator clerks, but exclud-
ing district superintendents, assistant district superintendents, master
mechanic, traveling niacl.init, chief gauger, connection foremen, as-
sistant connection foremen, district gaugers, district clerks, and all
office and clerical employees, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of'Section •9 (b)'
of the Act.
V. THE DETEI:BIINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by. ah 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
i
By virtue of and pursuant to' the, power vested in the Nation,!'.
Labor Relations Board by Section 9 (c), of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the,purposes of collective bargaining with Empire Pipeline
Company, Bartlesville, Oklahoma, 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, Section 10, 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 any such employees who did not work
during said pay-roll,period because they were ill or on vacation or',
temporarily laid off, acid 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,, to
determine whether or not they desire to be represented by the Oil
Workers International Union, affiliated with the Congress of Indus-
trial Organizations, for the purposes-of collective bargaining.
i