United Fuel Gas Co.

National Labor Relations Board - Board Decisions

Jun 1, 1943

50 N.L.R.B. 22 (N.L.R.B. 1943)

In' the Matter Of UNITED FUEL GAS COMPANY and INTERNATIONAL
UNION OF OPERATING ENGINEERS, LOCAL No. 144, AFFILIATED WITH
THE A. F. OF L.
Case No. R-5190.-Decided June 1, 19/.3
Air. B.'J. Pettigrew and Mr. R. K. Talbott, of Charleston, W. Va.,
for the Company.
Mr. Johin., L. Colter, of Charleston, 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^Iuternational Union of Operating Engi-
neers, Local No. 144, affiliated AAwith the A. F. of L., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of United Fuel Gas Coihpany,
Charleston, West Virginia, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upoli
due notice before William I. Shooer, Trial Examiner. Said hearing
was held at Charleston, West Virginia, on April 20,1943' Tlie Com-
pany 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 evidence bearing on the
issues . The Trial Examiner's rulings made at the hearing are free'
from prejudicial error and are hereby affirmed:
On April 26 and 27, 1943, respectively, the Union and the Company
filed briefs which the Board has considered.
Upon the entire record in the case, the Board snakes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE-COMPANY
United Fuel Gas Company is a West Virginia corporation with its
principal place of business at Charleston, West Virginia, where it is
i Although United Fuel Gas Employees Association and United Oil woikers of Ameiica
\i eie served with notice of hearing, they did not appear
50 N. L. R. L'., No. 0.
22
UNITED FUEL GAS COMPANY 23
engaged in the business of producing, marketing, and distributing
natural gas. Over 10 percent of the natural gas used by the Company
is shipped to it from points outside the State of West Virginia, and
over 70 percent of the natural gas used by the Company is shipped by
it to points outside the State of West Virginia. The Company admits,
for the purpose of this proceeding, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
rl It. THE ORGANIZATION INVOLVED
International Union of Operating Engineers, 'Local No. 144, is ;l
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
111. THE QUESTION CONCERNING P,EPRESENTATION
On February 3, 1943, the Union, claiming to represent a majority
of the drillers and tool dressers employed by the Company, requested
the Company to recognize it as the exclusive-collective bargaining
representative of such employees. The Company refused this
request.
A statement of the Regional Director, introduced into evidence at
the Bearing, indicates that the Union represents a substantial 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 requests a unit of all drillers and tool dressers employed
by the Company in the drilling of wells in the State of West Virginia,
excluding foremen and tool pushers. The Company contends that
because of the nature of the duties of the tool dressers and drillers,
they are not employees within the meaning of the Act and that, there-
fore, they cannot constitute an appropriate unit. The Company con-
tends, further, that in the event the Board finds that tool dressers and
drillers are employees within the ]weaning of the Act, they should not
constitute a separate unit, but should be merged with the rest of the
Company's employees in a single unit.
The tool dressers and drillers are engaged in the,drilling of natural
gas wells for the Company. Unlike the regular employees; they are
0
2 The Regional Director reported that the Union presented 32'authoiization cards bear-
ing' apparently genuine signatures of persons whose names appeal on the Company's pay
roll for the period ending March 3, 1943 Theie are 39 employees on that pay roll who
are in the appropriate unit.
24' DECISIONS OF NATIONAL LABOR REtATION' S BOARD
O
not 'eligible for vacations , nor are life insurance or hospitalization
policies issued in their favor . It appears , 'however, that of 39 tool
dressers and drillers who. appear on the Company 's pay roll of March
3, 1943, 5 have been employed by the Company intermittently for a
period of 11 years, while the remaining have been employed during
periods of from 2 months to 2 years. The same persons are frequently
reemployed following the completion of a specific job, and the Com-
pany keeps a list of the tool dressers and drillers and` calls upon them
to return when work is available . We find that the pos''ition of the
Company , that tool dressers and drillers are not employees within the
meaning of the Act is untenable . Clearly, the relationship between
the Company and the tool dressers and drillers is that of employer
and employee. We find nothing in the duties of the tool dressers and
drillers, as set forth above, to warrant depriving : them of the rights
'to self-organization and collective bargaining guaranteed employees
under the Act. We find that the tool dressers and drillers' are em-
ployees within the meaning of Section 2 (3) of the Act and are entitled
to the benefits of the Act.
;The' drillers are highly skilled employees , and the tool dressers
act as their apprentices . The drillers and tool dressers work entirely
apart from the other employees of the Company , and, there is no inter-
change between the two groups . Inasmuch as the drillers and -tool
dressers constitute 'a well -defined homogeneous group, we find that a
unit limited to•them is appropriate.
We find that all tool dressers and drillers employed by the Com-
pany in the drilling of wells in the State of West Virginia, exclud-
ing foremen and tool pushers , constitute a unit appropriate for the
purposes of collective bargaining , within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has' arisen
can best be resolved by means of an election by secret ballot. The
Union requests that the pay roll for the period ending April 15, 1943,
be used to determine eligibility to vote. The Company requests that
a 'current pay roll be used for that purpose. It appears that the
Company had in its employ on April 15, 1943, a normal complement
of drillers and tool dressers. Accordingly, we shall direct that em-
ployees eligible to, vote shall be those within the appropriate unit who
were employed during the pay-roll period ending April 15, 1943, sub-
ject to the limitations and additions set forth in the Direction of
Election herein. 11
As stated above, the employment of tool dressers and drillers is
irregular. Although an employee in,this category may have worked
UNITED FUEL GIAS COMPANY 25
for several months during the year and has a definite expectancy of
reemployment, he may be off the pay roll at the present time. In
these circumstances, we find that tool dressers and drillers who may
not presently be employed by the Company are temporarily laid off
within the meaning of the words "temporarily laid off" contained in
the,Direction of Election herein.
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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with United Fuel Gas
Company,, Charleston, • 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 ending April 15, 1943, in-
cluding employees who did not work during said pay-roll period be-
cause they were ill or on vacation or temporarily laid Off, and in-
eluding employees in the arined 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 International Union of Operating
Engineers, Local No. 144, affiliated with the A. F. of L., for the
purposes of collective bargaining.