The Pure Oil Co.

National Labor Relations Board - Board Decisions

Jun 28, 1943

50 N.L.R.B. 890 (N.L.R.B. 1943)

In the Matter of THE PURE OIL COMPANY and OIL WORKERS INTER-
NATIONAL UNION, C. I. O.
Case No. BD482.Decided June 08, 1943
Mr. Ben A. Harper, of Chicago, Ill., and Mr. H. J. Lowe, of Newark,.
Ohio, for the Company.
Mr. Jo1un) B. Easton, of Charleston, W. Va., and Mr. H. E. Damron,
of Huntington, W. Va., for the Union.
Mr. 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 Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of The
Pure Oil Company, Charleston, West Virginia, herein called the Com-
pany, the National Labor Relations Board provided- for an appro-
priate hearing upon due notice before Louis M. Groeniger, Trial Exam-
iner. Such hearing was held at Charleston, West Virginia, on June
3, 1943. The Company and the Union appeared at and participated
in the hearing .' All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
. dence 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 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
The Pure Oil Company is an Ohio corporation with its principal
office at Chicago, Illinois. We are here concerned with its operations
south of Charleston, West Virginia, known as the Cabin Creek Field.
Although District 50 , United Mine Workers of America, was served with notice of hear-
ing, it did not appear.
50 N. L. R. B., No. 130.
890
7-
THE PURE OIL COMPANY 891
During 1942 the, Company produced oil valued at about $792,250 and
1,879,000,000 cubic feet-of gas from its Cabin Creek Field operations.
A portion of the oil and gas was shipped to points outside the State
of West Virginia. The Company admits, for the purpose of this pro,
ceeding, that it is engaged in, commerce within the mealiing, of the
National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Oil Workers International Union is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
On April 23, 1943, the Union requested recognition as the exclusive
collective bargaining representative of the Company's employees.
The Company denied this request.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial 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
The Union urges that all employees who are employed by the
Company at its plants at Comfort, Dawes, Miami, and field area, West
Virginia, including watchmen, but excluding supervisory and clerical
employees, 'constitute an appropriate unit. The Company took no
position with respect to the unit.. Evidence introduced at the hearing
indicates that the employees claimed by the Unions are closely related
from a functional standpoint.
We find that all employees employed by the Company at its plants
at Comfort, Dawes, Miami , and field area, West Virginia, including
watchmen, but excluding all 'supervisory employees with authority
-to hire, promote, discharge, discipline, -or otherwise effect changes
in the status of employees, or effectively recommend such action, and
,clerical employees, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the Act.
9 The Field Examiner reported that the Union presented 75 membership application cards
bearing apparently genuine signatures of persons whose names appear on the Company's
-pay roll for the period ending April 30, 1943 . There are approximately 123 employees in
,the appropriate unit. ,
892 D'EIGTSION'S, OF NATIONAL LABOR' RELATIONS BOARD -
J V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning, representation which has,
arisen can best be resolved by in eans of- an election by secret ballot.
The Union urges that the pay roll for the -period- ending April 30,
1943, be used to determine eligibility to vote. The Company requests
that a current pay roll be used for that purpose. Inasmuch as no
reason appears as to why we should depart from our usual practice,
we shall direct that the employees eligible to vote in the election shall
be those within the appropriate unit who were employed during the
pay-roil period immediately preceding the date of the Direction of
Election herein, subject to the -limitations and additions.set`forth in
the Direction.
The Company had 26 employees on its pay roll for the period
ending April 30, 1943, classified by it as temporary employees. The
Union urges that temporary employees be deemed eligible to vote
in the election, while the Company requests that they be deemed
ineligible to vote. The Company divides its pay roll, into regular
and temporary employees. 'The regular employees are those persons
who are employed on a permanent month-to-month basis, whereas the
temporary workers are employed only when there is work for. them
to do. The temporary' employees perform substantially the same
type of work as the regular employees. Each of the temporary em-
ployees has a basic classification but,also performs whatever other
jobs might be available. The Union has attempted to organize all
of the Company's employees, and a substantial number of the tem-
porary employees have designated the Union as their collective bar-
gaining representative. Although 'the Company does not keep a
"recall" list, the superintendent' testified that he usually -knows,1the
whereabouts of the temporary employees ai d''seeks to reemploy them
when work is available. Many of,the temporary' employees on the
April 30, 1943, pay roll have been employed every month for as many
as 12 consecutive 'months: 'Some of the temporary employees have
worked for the ' Company for ' over ,10 years. In our opinion, the
temporary employees have a sufficient interest in wages, hours, and
working conditions at the Company's operations to entitle them to a
voice in the selection 'of a bargaining 'representative.' Accordingly,
we find that they are eligible fo vote in the election.
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 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 - - -
I
THE PURE OIL COMPANY 893
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Pure Oil,
Company, Huntington, West Virginia, 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 super-
vision of the Regional Director for the Ninth 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 temporary employees and 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 , to determine whether or not they desire to be
represented by Oil Workers International Unioii, affiliated with the
Congress of Industrial Organizations , for the purposes of collective
bargaining.
OHAiRnzAAN.MILLIs took no part in the consideration of the above
Decision and Direction of Election. , '