Richfield Oil Corp.

National Labor Relations Board - Board Decisions

Jan 15, 1945

59 N.L.R.B. 1554 (N.L.R.B. 1945)

In the Matter of RICHFIELD OIL CORPORATION and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-11
In the Matter Of RICHFIELD OIL CORPORATION and OIL WORKERS INTER-
NATIONAL UNION, CIO
Cases Nos. 21-R-2467 and 21-R-2485 respectively. Decided Janu-
ary 15, 1945
Mr. David Guntert, of Los Angeles, Calif., for the Company.
Mr. J. Elro Brown, of Long Beach, Calif., and Mr. W. W. Allen, of
Bakersfield, Calif., for the Oil Workers.
Hr. Al Slater, of Los Angeles, Calif., for the IBEW.
Mr. D. N. Casagrand, of Southgate, Calif., for the Pipefitters.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by International Brotherhood of Electri-
cal Workers, Local B-11, herein called the IBEW, and by Oil Workers
International Union, CIO, herein called the Oil Workers, alleging
that questions affecting commerce had arisen concerning the repre.
sentation of employees of Richfield Oil Corporation,' Los Angeles,
California, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
George H. O'Brien, Trial Examiner. Said hearing was held at Los
Angeles, California, on November 15, 1944. The Company, the
IBEW, the CIO, and United Association of Pipefitters, Local 250,
A. F. of L., herein called the Pipefitters, 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 motion of the Company , all parties stipulated the substitution of "Corporation"
for "Company " wherever it may appear in the formal documents herein.
59 N. L . R. B., No. 284.
1554
RICHFIELD OIL CQRPORATION 1555
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Richfield Oil Corporation is a Delaware corporation with its princi-
pal place of business at Los Angeles, California. It is engaged in the
production, refining, transportation, sale, and distribution of petro-
leum and petroleum products. It owns and operates a refinery at
Watson, California, and in addition, it owns and operates marine
terminals at Seattle, Washington, Portland, Oregon, Richmond, Cali-
fornia, and Long Beach, California. During the year 1944, to the date
of the hearing, the Company produced and refined large quantities of
petroleum and petroleum products which it distributed in interstate
and foreign commerce.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, Local B-11, affili-
ated with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
United Association of Pipefitters, Local 250, affiliated with United
Association of Plumbers and Steamfitters of the United States and
Canada, which is affiliated with the American Federation of Labor,
is a labor organization admitting to membership employees of the
Company.
Oil Workers International Union affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to grant recognition to any labor organi-
zation as the exclusive bargaining representative of its employees until
one or more labor organizations have been certified by the Board in an
appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the IBEW and the Oil Workers each represents a
substantial number of employees in the unit each alleges to be ap-
propriate, and that certain employees. of the Company desire repre-
sentation by the Pipefitters.2
2 The Field Examiner reported : that the IBEW submitted 23 authorization cards, 14 of
which bore signatures of persons listed on the Company's pay roll of September 3, 1944,
which contained the names of 29 persons in the unit requested by the IBEW ; that the
Pipefitters submitted 22 authorization cards, 8 of which bore signatures of persons listed
1556 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that questions affecting commerce have 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 UNITS; THE DETERMINATION OF REPRESENTATIVES
The IBEW requests a unit of all electricians employed by the Com-
pany, including electrical maintenance repair, and electrical mainte-
nance construction employees, but excluding supervisory employees.
The Pipefitters requests a unit composed of all pipefitters, pipefitter
welder helpers, pipefitter helpers, pipefitting maintenance repair and
maintenance construction employees, excluding supervisory employees.
The Oil Workers and the Company agree that craft units are inappro-
priate and that an appropriate unit for the Company's employees
would consist of all production, construction, and maintenance em-
ployees of the Company in the State of California, including employees
at the Company's Long Beach Terminal and working foremen, but
excluding all confidential employees, office and clerical employees lo-
cated at the main office of the Company in Los Angeles, California,
tank truck salesmen,3 employees in the Marketing and Exploitation
Divisions of the Company, and supervisory employees. The Company
would also exclude, and all parties tacitly agreed to the exclusion of,
all administrative, professional, technical, casual, temporary, and ma
rine employees. The Oil Workers would include in the appropriate
unlit, in addition to the categories of employees above-mentioned, field
and refinery clerks, dispatchers and pipe line gaugers. The Company
contends that field and refinery clerks cannot properly be represented
in a unit of production and maintenance employees but that they should
be represented in a. unit of their own, and that pipe line gaugers and
dispatchers have interests in common with neither group and so should
be excluded from any unit which the Board may herein find to be
appropriate.
.The Company is organized into five divisions : marketing, trans-
portation (or pipe line), manufacturing (or refining), exploitation
(or production), and exploration. Neither the exploration nor the
marketing division is involved in this proceeding. The operations of
on the said pay roll which contained the names of 83 persons in the unit requested by the
Pipefitters ; that the Oil Workers submitted a certified membership lisj containing 716
names, 596 of which appeared on the said pay roll which contained the names of 1,325
employees in the unit requested by the Oil Workers ; 1,200 names on the pay roll were
those of production and maintenance employees , including electricians and pipefitters, and
100 were those of clerical employees . Of the 596 names submitted by the Oil Workers,
4 were those of electricians , 32 pipefitters , 24 clerical employees , and 550 production and
maintenance employees including electricians and pipefitters.
3 The tank truck salesmen are presently represented by the International Brotherhood
of Teamsters, Chauffeurs , Warehousemen and Helpers of America.
RICHFIELD OIL CORPORATION `1557
the manufacturing division are located at the Company's refinery at
Watson, California, where the greater part of the electricians and the
pipefitters are,employed. The production division is divided geo-
graphically with the three major oil fields of the State of California
centered in (a) the San Joaquin Valley, (b) the coastal region near
Ventura, California, and (c) the Los Angeles basin. A current col-
lective bargaining contract which the Company signed in May 1942,
covers all members of the Oil Workers "engaged in the development
and/or production of crude oil and/or natural gasoline, refining, pipe
line, and Long Beach Terminals' operations" of the Company.4 The
Company has been bargaining with the Oil Workers on this members-
only, State-wide, comprehensive basis since 1937. The Company and
the Oil Workers contend that this history of bargaining precludes the
establishment of craft units among the Company's employees. The
contention is-without merit: Although a history of bargaining based
upon members-only contracts is sometimes accepted by the Board as
indicative of the feasibility of the scope of the unit covered thereby,5
such history may be balanced or outweighed by other factors, par-
ticularly.the inherent appropriateness of some other proposed unit.s
In the instant case, it is admitted by the Company that the electricians
and pipefitters in its employ are skilled employees who constitute
identifiable groups within the construction and maintenance depart-
ments of its various divisions. They work under craft foremen who
are responsible to the heads of the construction and maintenance de-
partments. Seniority in the construction and maintenance depart-
ments is primarily craft-wide, and only secondarily department-wide.
From these facts it appears that the craft units requested are inherently
appropriate. On the other hand, it is clear from the record and from
the history of bargaining above-described that the operations of the
Company are sufficiently integrated to make feasible the State-wide
all-inclusive production, construction, and maintenance unit requested
by the Oil Workers. Since the factors supporting the appropriateness
of craft units and of a more comprehensive unit including all crafts,
are evenly balanced, we are of the opinion that our determination of
the unit issue with respect to the electricians and pipefitters should
depend, in part, upon the desire of such employees to be expressed in
the elections hereinafter directed among the voting groups set forth
below. Consequently, we shall make no final determination of the
unit at this time, but shall defer the determination pending the results
of said elections.
4 The contract was not urged as a bar to this proceeding.
5 See Matter of Tennessee Coal, Iron & Railroad Company, 39 N. L. R. B . 917; Matter of
Southwestern Public Service Company , 58 N. L. R. B. 926.
0 See Matter of Elgin Watch Company, 53 N. L. R. B. 855.
1558 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As above-mentioned, the Oil Workers would include in the appro-
priate unit, field clerical employees, pipe gaugers, and dispatchers, all
of whom the Company would exclude.
Field clerical employees: There are 131 clerical employees whom the
Oil Workers would represent. Most of these are employed at the re-'
finery and are housed in a building adjacent thereto. They record the
results of the operations, make statements for. the general office account-
ing, prepare shipping papers, and perform general clerical and typing
work. The record does not disclose the relationship of these em-
ployees to clerical employees in the general office as to the number
employed, interchangeability, or rate of pay. However, we are of the
opinion that the field clerical employees have more interests in common
with general office clerical employees than with production, construc-
tion, and maintenance employees and may be more properly repre-
sented in a unit together with those employees than as requested by the
,Oil Workers.7 Accordingly, we shall exclude field clerical employees
from the residual voting group. Since the Oil Workers has apparently
not organized employees in the general office, and since the present
record affords no proper basis for a determination of an appropriate
unit for clerical employees of the Company, we shall disregard the
Company's suggestion that a separate unit be established at this time
for field clerical employees.
Dispatchers: Dispatchers control the movement of oil through the
pipe lines by directing what quantity and what type of oil is to be
pumped through the lines. Most of their work is done by telephone.
They have no control over the mechanical operation of the line. Since
in our opinion dispatchers are office employees, we shall exclude them
from the voting group.
Pipe line gaugers: A pipe line gauger determines by measurement
the quantity and quality of oil the Company ships and receives from
other producing companies. He is the company representative who
arranges for the acquisition of oil from the producing company and
sees to it that it is shipped through the lines. He physically takes
and analyzes cuts of the oil and makes up the document which serves
as a basis for computing the sale price of the oil and also the royalty
to be paid by the Company to the landowner. The Company con-
tends that since pipe line gaugers are under supervision separate from
that of production and maintenance employees, and since they rep-
resent the Company to the public, their interests are in no wise
consonant with those of production. and maintenance employees.
However, it appears that the work of the gaugers is performed under
conditions'similar to those in which some of the production and main-
tenance employees work. Their interests are, therefore, sufficiently
7 See Matter of Standard Oil Company, 58 N. L . R. B. 560.
RICHFIELD OIL CORPORATION 1559
similar to those of production and maintenance employees to warrant
their joint representation for the purposes of collective bargaining.
We shall, therefore, include pipe line gaugers within the general
voting group composed of production, construction, and maintenance
employees.,,
We shall direct that the. questions concerning representation which
have arisen be resolved by separate elections by secret ballot to beheld
among the employees of the Company in the State of California,
within each of the voting groups listed below who were employed
during the pay-roll period immediately preceding the date of the Di-
rection of Elections herein, subject to the limitations and additions
set forth in the Direction. Our determination of an appropriate
unit, or units, if any, will depend in part upon the results of said
elections. There shall be excluded from each of said voting groups,
in addition to the employees specifically mentioned therein, all cleri-
cal, administrative, professional, technical, casual, temporary and
marine department employees, 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. The respective voting groups shall be :
1. All electricians employed by the Company, including electrical
maintenance repair, and electrical maintenance construction
employees.
2. All pipefitters, pipefitter welders, pipefitter welder helpers, pipe-
fitter helpers, pipefitting maintenance repair and maintenance con-
struction employees.
3. All production, construction, and maintenance employees of the
Company, including working foremen, pipe line gaugers and em-
ployees at the Long Beach Harbor Terminal, but excluding dispatch-
ers, tank truck salesmen, and employees in voting groups 1 and 2.
DIRECTION OF ELECTIONS
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
DiREcTm that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Richfield Oil
Corporation, Los Angeles, California, elections 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
8 See Matter of Texas Pipe Line Company , 55 N. L. R. B . 239. See Matter of Gulf
Refining Company, Houston Pipe Line Division , 59 N. L. R . B. 1483, in which the case of
Empire Pipeline Company , 46 N. L. R . B. 1341, is overruled.
1560 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Regional Director for the Twenty-first Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III,. Sections 10 and 11, of said Rules and Regulations,
among the following groups of employees who were employed by the
Company in the State of California, during the pay-roll period im-
mediately 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 those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the elections, and excluding also, all clerical,
administrative, professional, technical, casual, temporary and marine
department employees, 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 :
1. All electricians employed by the Company, including electrical
maintenance repair and electrical maintenance construction employees
to determine whether they desire to be represented-by International
Brotherhood of Electrical Workers, Local B-11, affiliated with the
American Federation of Labor, or by Oil Workers International
Union, CIO, for the purposes of collective bargaining, or by neither.
2. All pipefitters, pipefitter welders, pipefitter welder helpers, pipe-
fitter helpers, pipefitting maintenance repair and maintenance- con-
struction employees to determine whether they desire to be represented
by United Association of Pipefitters, Local 250, affiliated with the
American Federation of Labor, or by Oil Workers, International
Union, CIO, for the purposes of collective bargaining,. or by neither.
3. All production, construction, and maintenance employees of the
Company, including working foremen, pipe line gaugers and em-
ployees at the Long Beach Harbor Terminal, but excluding dispatch-
ers, tank truck salesmen and employees in voting groups 1 and 2
to determine whether or not they desire to be represented by Oil
Workers International Union, CIO, for the purposes of collective
bargaining.