War Emergency Pipelines, Inc.

National Labor Relations Board - Board Decisions

Jan 15, 1945

60 N.L.R.B. 69 (N.L.R.B. 1945)

In the Matter of WAR EMERGENCY PIPELINES , INC. and OIL WORKERS
INTERNATIONAL UNION, C. I. O.
Case No.'6-R-1060.-Decided January 15,.1945
;Mr. 'W. Richardson Blair, of Philadelphia, Pa., Messrs. P. W.
Houglitlin and P. T. Thibodaux, of Cincinnati, Ohio, and Mr. L.
Whitehead of Uniontown, Pa., for the Company.
Mr. William V. Flower, of Hamilton, Ohio, for the Union.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended 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 em-
ployees of War Emergency Pipelines, Inc., Cincinnati, Ohio, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Jerome L. Black,
Trial Examiner. Said hearing was held at Pittsburgh, Pennsylvania,
on December 15, 1944. The Company and the Union appeared, par-
ticipated,' and 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
mfforded an 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
War Emergency Pipelines, Inc., a privately owned Delaware cor-
poration with main offices in Cincinnati, Ohio, operates two trans-
I International Union of Operating Engineers , A. F. of L, also served with notice, did
not appear.
60 N. L R. B., No. 13.
69
70 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
continental pipelines known respectively as "Big Inch" and "Little.
Big Inch," as agent for Defense Supplies Corporation, a subsidiary
of Reconstruction Finance Corporation which in turn is wholly
owned by the United States Government. These pipelines transport
and deliver crude oil and petroleum products from Texas to the New
York and Philadelphia refining areas. Both pipelines generally
utilize the same right of way and have a combined line fill of approxi-
mately 7,000,000 barrels of oil, of a value in excess of $5,000,000 at cur-
rent market prices. Delivery of oil and products at the .eastern ter-
minals for the month of August 1944, averaged about 500,000 barrels.
per day.
The Company is a non-profit corporation. It has, however, subject
to certain powers and reservations on the part of its principal, full
supervision, including authority to hire and discharge, over all labor
required to operate and maintain the pipelines. It pays its employees
directly from a bank account maintained in' its own name as agent,
keeps Social Security records, and carries Workmen's Compensation
insurance for its employees. It is reimbursed for all items of expense
by Defense Supplies Corporation. The contract between the Company
and Defense Supplies Corporation specifically provides that persons
employed by the Company shall be considered employees of the Com-
pany and not of Defense Supplies Corporation.
The Company admits and we find 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 mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of employees in its Fifth Divi-
sion until the Union has 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 Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
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.
2 The Field Examiner reported that the Union submitted 90 application -for-membership
cards, that there are 132 employees in the appropriate unit, and that the cards were dated
September through November 1944.
WAR EMERGENCY PIPELINES, -INC.,
IV. THE APPROPRIATE UNIT
71
The Company- is divided into six operational divisions. The 010
requests a unit of production and maintenance employees in the Com-
pany's Fifth Division. The Company contends that the only appro-
priate unit for collective bargaining with its employee is system-wide.
The Board has expressed the opinion that the system-wide unit may
be the optimum unit for representation of the Company's employees,
but taking into consideration the status of organization among these
employees, has held that operating and maintenance employees in the
Company's First, Second, Third, and Sixth Divisions constitute sepa-
rate appropriate units for the purposes of collective bargaining.3
Since it does not appear that any one labor organization is yet in a
position to represent all operating employees of the Company, 4 We
find that all operating and maintenance employees in the Fifth District
of the Company constitute a separate appropriate unit. Without
waiving its contention, the Company agrees with the Uliion as to the
composition of the appropriate unit for employees in the Fifth Divi-
sion.
We find, in accordance with the above and with the agreement of
the parties, that all operating and maintenance employees of the Com-
pany's Fifth Division, including truck drivers, station engineers, and
the foreman welder,' but excluding the telegrapher ,6 and employees
who work full time in any of the Company's offices, chief engineers,
the master mechanic, foreman, assistant foremen , and all other super-
visory 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 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 Election
8 See Matter of War Emergency Pipelines , Inc, 56 N. L. R . B. 64, 58 N. L. R. B. 798,
59 N. L R. B. 449.
* The Oil Workers has been certified as the collective bargaining representative of em-
ployees in the Sixth and Third Divisions Elections were conducted December 20 and 21,
1944, in the First and Second Divisions with the Oil Workers and International Union of,
Operating Engineers on the ballot. The Oil Workers won the election in the First Division,
but the results of the election in the Second Division will have to be determined by a run-
off election . A representation proceeding involving employees in the Fourth Division is
now pending before the Board upon petition of the Operating Engineers.
The foreman welder exercises no supervisory authority.
The telegrapher spends 95 percent of his time in clerical duties.
72 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By virtue Hof 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 War Emergency
Pipelines, Inc., Cincinnati, Ohio, 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 Sixth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Ar-
ticle III, Seetions 10 and 11, 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 preced-
ing the date of this Direction, including employees who did not work
during the 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 reinstated prior to the date of
the election, to determine whether or not they desire to be represented
by Oil Workers International Union, C. I. 0., for the purposes of
collective bargaining.