United Gas Pipe Line Co.

National Labor Relations Board - Board Decisions

Jan 4, 1945

59 N.L.R.B. 1438 (N.L.R.B. 1945)

In the Matter Of UNITED GAS PIPE LINE COMPANY, UNION PRODUCING
COMPANY AND UNITED OIL PIPE LINE COMPANY and OIL WORKERS
INTERNATIONAL UNION , C. I. O.
Case No. 16-R-1089.-Decided January 4,194i
Vinson, Elkins, Weems c Francis, of Houston, Tex., by Mr. W. 0.
Crain, of Shreveport, La., and Mr. Thomas Fletcher, of Houston, Tex.,
for the Company:
Mr. Lindsay P. Walden, of Fort Worth, Tex., and Mr. H. F.
McClanahan, of Houston, Tex., for the Union.
Mr. Harold M. Humphreys, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Oil Workers International Union,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
United Gas Pipe Line Company, Shreveport, Louisiana,' the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Earl Saunders, Trial Examiner: Said hearing was held
at Houston, Texas, on December 7, 1944. The Companies and the
Union 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. ' '
' At the hearing the Trial Examiner granted the Union's motion to amend the petition
by naming as, additional employers Union Producing Company the United Oil Pipe Line
Company. Counsel for the United Gas Pipe Line Company also entered their appearance
for the other two employers . All three employers are referred,to herein as the Companies.
59 N. L. R B., No. 262.
1438
UNITED GAS PIPE LINE COMPANY 1439
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
United Gas Pipe Line Company, Union Producing Company, and
United Oil Pipe Line Company are Delaware corporations with
headquarters in Shreveport, Louisiana. They are engaged in the
purchase, transportation, and sale of natural gas at wholesale in the
States of Texas, Louisiana, Alabama, Florida, and Mississippi. They
have interconnecting pipe lines which run through these States and
interlocking directorates.2 The instant proceeding involves only what
is known as the Houston, Texas District, located, entirely in the State
of Texas and having district offices located in that city. The Com-
panies sell natural gas to distributing companies for various munici-
palities, industrial consumers, and government agencies within this
District. During the month of September 1944, the Companies sold
within the Houston District 4,460,609,000 cubic feet of natural gas.
Some natural gas is transported from the Houston District into other
States in. which the Companies, operate.
The Companies admit that they are engaged in commerce within
the meaning of-the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Oil Workers International Union, affiliated with the,Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Companies.
III. THE QUESTION CONCERNING REPRESENTATION
The Companies have refused to grant recognition to the Union as
the exclusive bargaining representative of the employees in their
Houston District until the Union has been certified by the Board in
an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.3
We find that a question affecting commerce has arisen concerning
2 Apparently all three companies are subsidiaries of the United Gas Corporation. See
Matter of Union Producing qompany , 53 N L. R B. 1287.
The Field Examiner reported that the Union submitted 63 application -for-membership
cards , 54 of which bore apparently genuine original signatures ; and that the names of
54 persons appearing on the cards were listed on the Companies ' pay roll of August 26 to
September 25, 1944, which contained the names of 160 employees in the alleged appropriate
unit.
618683-45-vol. 59-92
1440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the representation of employees of the Companies ; within the mean-
ing of Section 9 (c) and Section 2 (6) and ( 7) of the Act.
IV. THE APPROPRIATE UNIT
The Union asserts that production and maintenance employees
working under the direction and supervision - of ,the Companies' Hous-
ton, Texas District Manager constitute a unit appropriate for col-
lective bargaining purposes .. However, the Companies contend that
the appropriate unit should be system -wide, encompassing production
and maintenance employees regardless of location.
In prior proceedings involving the Union and the Companies and
their affiliates ,4 the Companies advanced similar contentions . Never-
theless, the Board established appropriate units confined to the em-
ployees in Districts on the basis of the limited extent of the Union's
organizational efforts. The record in the instant proceeding indicates
that there has been no substantial change with respect to the Coin-
panies' operations , and that no labor organization has yet undertaken
to organize the employees on a system -wide basis. '
Therefore , for the reasons set forth in our previous decisions in-
volving the Companies ,5 we find that all production and maintenance
employees of the Companies working under the direction and super-
vision of their Houston, Texas District Manager, including , the chart
changer, dispatcher , dehydration plant firemen , shift engineer (com-
pressor station ), instrument man-measurement , laborer, linemen, line-
men helper , garage mechanic , meter inspector , meter inspector helper,
meter and `well attendant , oiler, oiler engineer , repairman, switcher,
crew-truck driver, utility man, welder and porter, but excluding the
mail clerk junior , semi-senior clerk, chainman , comptometer operator,
district chief chart clerk, district chief dispatcher , dehydration. plant
attendant , junior draftsmen , chief engineer (compressor station), as-
sistant district engineer , first engineer ( compressor station ), petro-
leum engineer; crew foremen , garage foremen , section foremen, sub-
foremen, guard , instrument man-engineering , integrator operator,
laboratory assistant , party chief , P. B. X. operator , junior stenog-
rapher, senior stenographer , district storekeeper , district measure-
ment superintendent , timekeepers , trainee-female and typists , 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 , constitute a unit appropriate for
4 See Matter of United Gas Pipe Line Company, 56 N L. R. B. 669; Matter of Union
Producing Company and Associated Companies, 53 N L. R. B. 1287.
5 See footnote 4, supra.
UNITED GAS PIPE LINE COMPANY 1441
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.,
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an 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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives-for the purposes of collective bargaining with United Gas Pipe
Line Coinpany, UniQii Producing Company, and United Oil Pipe
Line Company, Shreveport, Louisiana, 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 Sixteenth 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 Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period imme-
diately 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 any who have since quit or been discharged
for cause and have not been rehired or'reinstated prior to the date
of .the election, to determine whether or not they desire to be repre-
sented by Oil Workers International Union, C. I. 0., for the purposes
of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
e The Companies and the Union stipulated to the composition of the unit.