The Pure Oil Co.

In the Matter of THE PURE OIL COMPANY and OIL WORKERS INTER- NATIONAL UNION, LOCAL No. 459 Case No. C-2685.-Decided March 9, 1942 Jurisdiction : oil producing and refining industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. V. Lee McMahon, for the Board. Vinson, Elkins , Weems & Francis , of -Houston , Tex., and Mr. Geo. E. B. Peddy and Mr. R. W. Adams, Jr., for the respondent. Mr. Sam Beers , of Fort Worth , Tex., for the Union. Mr. George A. Koplow, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by Oil Workers International Union, Local No 459, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Sixteenth Region (Fort Worth, Texas), issued its complaint dated November 25, 1941, against The Pure Oil Company, Van Field, Van Zandt County, Texas, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the, meaning of Section 8 (1) and (2)'a , nd Section 2 (6) and (7) of the National Labor Relations Act,'49 Stat. 449, herein called the Act. Copies of the complaint and notice of hearing were duly served upon the parties. Concerning the unfair labor practices, the complaint alleged, in 'substance, that the respondent, by its officers and agents, (1) on or about May 15, 1941, and thereafter, fostered, encouraged, sponsored, dominated, and interfered with the formation of, enlistment of mem- bership in, and administration of an organization known as "Fed- eration of Employees of Pure Oil Company, Van Field, Van Zandt County, Texas," and contributed support thereto; and (2) on or about April 21, 1941, and thereafter, by 35 separate acts specifically set 39 N. L. R. B., No. 107. 587 588 • DECISIONS OF NATIONAL LABOR RELATIONS BOARD forth, interfered with, restrained , coerced, and intimidated its em- ployees in the exercise of their rights guaranteed in the Act. On or about December 5 , 1941, the ' respondent filed an answer in which it admitted certain allegations regarding the nature of its business, denied the unfair labor practices alleged in the complaint, and alleged certain affirmative defenses. On January 24, 1942, the respondent and counsel for the Board entered into a stipulation in settlement of the case. The representa- tive of the Union approved the stipulation as to substance and form. The stipulation provides as follows: It is hereby stipulated and agreed between The Pure Oil Com- pany, hereinafter referred to as the Respondent and V. Lee McMahon, Attorney , National Labor Relations Board, Sixteenth Region, that: I. Upon a charge filed by Oil Workers International Union, Local No. 459, hereinafter referred to as the Union , the National Labor Relations Board, hereinafter referred to as the Board, by Edwin. A. Elliott, Regional Director for the Sixteenth Region, Fort Worth , Texas, acting pursuant to an authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449, hereinafter referred to as the Act , and acting pursuant to its Rules and Regulations, Series 2, as amended, issued its Com- plaint and Notice of Hearing on the 25th day of November, 1941, against the Respondent. II. All parties hereto acknowledge service of the Complaint and' Notice of Hearing , a copy of the charge and a copy of the Board's Rules and Regulations , Series 2, as amended, and all parties hereto acknowledge the service and filing of the Respond- ent's answer denying each and every unfair labor practice allega- tion'contained in the Complaint , and all parties expressly waive further pleadings , hearings and the making of findings of facts, and conclusions of law by the Board. III. The Respondent, The Pure Oil Company, is and has been at all times material to the issues in this case a corporation organized under and existing by virtue of the laws of the State of Ohio, and has its principal office and place of business at 35 E. Wacker Drive, in the City of Chicago, County of Cook, State of Illinois, and is and has been continuously engaged in the Van Field in and about the City of Van, Van Zandt County , State of Texas; said field. being the area where - the alleged unfair labor practices occurred . The Respondent is and has been engaged in acquiring and developing, oil lands and in the production , refining, transporting, sale and distribution of petroleum and its related products. THE PURE OIL COMPANY 589 A substantial portion of Respondent's crude oil is transported to Respondent's refineries in Ohio, Michigan, West Virginia, Texas and Oklahoma by its own and subsidiary pipe lines, which consist of approximately one thousand miles of main and gather- ing -lines and numerous pump stations located, in a number of states. The products of these refineries are distributed in approximately 10 states. Petroleum produced in the Van aiea is transported in the Respondent's or its subsidiary pipe lines from said Van Field, Van Zandt-County, Texas, to the Company's refineries and is comingled [sic] with other petroleum being 'transported in the same line and by so comingling [sic] the petroleum produced in said field of the Respondent, loses its identity. Approximately 26,000 barrels of petroleum is daily transported from the Van Field, of which approximately 8,000 barrels belongs to Respond- ent, all of which is refined in one of Respondent's refineries and in excess of 75% of the refined products move in inter-state commerce in and through states other than the State of Texas. IV. The Respondent concedes that its operations affect com- merce within the meaning of Section 2 (6) and (7) of the Act: V. Oil Workers International Union, Local No. 459, and Federation of Employees of Pure Oil Company, Van Field, Van Zandt County, Texas, are both labor organizations within the meaning of Section 2 (5) of the Act.. VI. This Stipulation, together with the charge, Complaint and Notice of Hearing, a copy of the Board's Rules and Regula- tions, Series 2, as amended, a copy of the- minutes of the meeting of the Federation of Employees of Pure Oil Company, Van Field, Van Zandt County, Texas, dated, September 9, 1941, and the Respondent's Answer may be filed with the Chief Trial Examiner of the Board in Washington, D. C., and when said papers have been so filed they shall constitute the entire record herein and any copies of the original instruments shall be treated as though they are the originals. VII. It is further stipulated that upon the entire record in this case, as set forth in Paragraph VI hereof an Order may forthwith be entered by the Board, providing as-follows: The Respondent, The Pure Oil Company, its officers, agents, successors and assigns shall: 1. Cease and desist from: (a) Dominating or interferring [sic] with the administration of Federation of Employees of Pure Oil Company, Van Field, Van Zandt County, Texas, or dominating or interf erring [sic] with the formation or administration of any other labor organization of its employees in the Van Field, Van Zandt County,-Texas, or 590 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD contributing financial or other support to Federation of Em- ployees of Pure Oil Company, Van Field, Van Zandt County, Texas, or any other labor organizations of its employees in said field. (b) Recognizing the Federation of Employees of Pure Oil Company, Van Field, Van Zandt County, Texas, as the repre- sentative of any of its employees for the purpose of dealing with the Respondent concerning grievances, labor disputes, rates of pay, wages, hours of employment and other conditions of work. (c) Discouraging membership in Oil Workers International Union, Local No. 459, or any other labor organization of its employees in the Van Field, Van Zandt County, Texas, by urging, persuading, or warning its employees to refrain from becoming or remaining members of said organization. (d) In any other manner interferring [sic] with, restraining or coercing its employees in the Van Field, Van Zandt County, Texas, in the exercise of their right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining and other mu- tual aid or protection, as guaranteed in Section 7 of the Act. ' 2. Take the following affirmative action which will effectuate the policies of the Act: (a) Refrain from any recognition of the Federation of Em- ployees of Pure Oil Company, Van Field, Van Zandt County, Texas, as a representative of any of its employees for the purpose of dealing with the Respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of - work, and completely disestablish the Federation of Employees of Pure Oil Company, Van Field, Van Zandt County, Texas, as such representative. (b) Inform its Superintendent, Farm Bosses, Gang Foremen, Gang Pushers and all supervisory employees at its Van, Texas, fields that they shall not threaten employees in any manner be- cause of their membership in Oil Workers International Union, Local No. 459, in particular, or in any other labor organization in the Van Field, Van Zandt County, Texas. (c) Post and keep visible in conspicuous places throughout the Respondent's Van, Texas, production area for a period of sixty (60) consecutive days after the approval of the Stipulation on which this Orderlis based, the following notice: THE PURE OIL COMPANY 591 NOTICE TO EMPLOYEES THE PURE OIL COMPANY-VAN JOINT ACCOUNT, VAN, TEXAS. This notice is posted pursuant to an Order entered by the National Labor Relations Board, and this Company hereby notifies its employees and agrees that: 1. The Company will not in any manner interfere with, restrain or coerce its employees in the exercise of their rights to self- organization , to form, join or assist labor organizations, to bar- gain collectively through representatives of their own choosing and to engage in concerted activities for the purposes ,of collec- tive bargaining or other mutual aid or protection. 2. The Company will not dominate or interfere with or cause to be dominated or interfered with the formation or administra- tion of the Federation of Employees of Pure Oil Company or with the formation or administration of any other labor organiza- tion of its employees and will not support or cause to be sup- ported the Federation of Employees of Pure Oil Company or any other labor organization of its employees. 3. The Company will refrain from any recognition of the Fed- eration of Employees of Pure Oil Company as a representative of any of its employees for the purpose of dealing with the Re- spondent concerning grievances , labor disputes, wages, rates of pay, hours of employment or other conditions of work and com- pletely disestablish the Federation of Employees of Pure Oil Company as such representative. 4. The Company will not discourage membership of its em- ployees in Oil Workers International Union, Local No. 459, or any other labor organization of its employees in the Van Field, Van Zandt County, Texas, by urging , persuading or warning its employees to refrain from becoming or remaining members of said organization. 5. The Company will not dominate or interfere in any manner with the formation or administration of any labor organization (as defined by the National Labor Relations Act) of its employees or contribute financial or other support thereto. 6. Superintendents , Farm Bosses, Gang Foremen, Gang Push- ers, and other supervisory employees are instructed to take note of the above directions and to use diligence in seeing that they are carefully followed. 448105-42-vol. 39-39 592 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD 7. Copies of this Notice shall be posted for a period of sixty' (60) days from the date of posting in conspicuous locations on the Company's property in the Van, Texas, area. - THE PURE OIL COMPANY, By- --------------------------------- Dated ---- ------------, 1942. (d) Notify the Regional Director for the Sixteenth Region, in writing, within ten (10 ) days from the date of this Order, what steps the Respondent has taken to comply herewith. VIII. It is further , stipulated and agreed that any appropriate Circuit Court of Appeals in the United States may , upon applica- tion by the Board, enter its decree enforcing the Order of the Board, in the form above set out. The Respondent waives its right to contest the entry of such decree and its right to receive notice of the filing of an application for the entry of such decree , but a copy of said proposed decree shall be sub- mitted to the Respondent for approval as to form. IX. Nothing herein contained shall 'be constituted or taken as an admission by the Respondent of any of the violations of the Act alleged in the aforesaid Complaint. X. It is understood and agreed that this stipulation embodies the entire agreement between the parties, and there is no verbal ,agreement of any kind which varies, alters, or adds to this stipulation. XI. It is understood and agreed that this stipulation is sub- ject to the approval of the National Labor Relations Board and shall be of no force and effect unless and until approved by the Board. On February 4, 1942, the Board issued an order approving the above stipulation , making it a part of the record, and, pursuant to Article IT , Section 36 , of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the proceeding to the Board for the purpose of entering a decision and order pursuant to the provisions- of the stipulation. On the basis of the above stipulation and upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The Pure Oil Company , an Ohio corporation with its principal office and place of business in Chicago , Illinois, is engaged in acquiring and developing oil lands and in producing , refining, transporting, THEY PURE 0IL COMPANY 593 selling, and distributing petroleum and its related products ' in the Van Field in and about the city of Van, Van Zandt County , Texas. A ' substantial portion of the respondent 's crude oil is transported to its refineries in Ohio, Michigan, West Virginia , Texas, and Oklahoma by its own and subsidiary pipe lines, which consist of approximately 1,000 miles of main and gathering lines and numerous pump stations located in a number of States . The products of these refineries are distributed in approximately 10 States . Petroleum produced in the Van Field is transported in the respondent 's or its subsidiary pipe lines to the respondent's refineries and is commingled with other petroleum trans- ported in the same lines, losing its identity . Approximately 26,000 barrels of petroleum are transported daily from the Van Field, of which approximately 8,000 barrels belong to the respondent, all of which is refined in one of the respondent's refineries . More than 75 percent of the refined products move through States other than the State of Texas. The respondent concedes that its operations affect commerce within the meaning of Section 2 (6) and (7) of the Act. We find that the above -described operations constitute a continuous flow of trade , traffic, and commerce among the several States. ORDER On the basis of the above findings of fact, the stipulation , and the entire record in the case , and pursuant to Section 10 (c) of the Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that The Pure Oil Company , Van Field, Van Zandt County, Texas, and its officers , agents, successors , and assigns shall: 1. Cease and desist from: (a) Dominating or interfering with the administration of Federa- tion of Employees of Pure Oil Company , Van Field, Van Zandt County, Texas, or dominating or interfering with the formation or administra- tion of any other labor organization of its employees in the Van Field, Van Zandt County, Texas, or contributing financial or other support to Federation of Employees of Pure Oil Company , Van Field, Van Zandt County, Texas, or any other labor organizations of its employees in said field; (b) Recognizing the Federation of Employees of Pure Oil Com- pany, Van Field, Van Zandt County , Texas, as the representative of any of its employees for the purpose of dealing with the respondent concerning grievances , labor disputes , rates of pay , wages, hours of employment, and other conditions of work; (c) Discouraging membership in Oil Workers International Union, Local No. 459, or any other labor organization of its employees in the Van Field , Van Zandt County, Texas, by urging , persuading, or, warning its employees to refrain from becoming or remaining members of said organization; ' 594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (d) In any- other manner interfering with, restraining, or coercing its employees in the Van Field, Van Zandt County, Texas, in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engaged in concerted activities for the purpose of collective bargaining and other mutual aid or protection, as guaran- teed in'Section 7 of the Act. 2. Take the following affirmative action which will effectuate the policies of the Act: (a) Refrain from any recognition of the Federation of Employees of Pure Oil Company, Van Field, Van Zandt County, Texas, as a representative of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or-other conditions of work, and completely disestablish the Federation of Employees of Pure Oil Company, Van Field, Van Zandt County, Texas, as such representative; (b) Inform its superintendent, farm bosses, gang foremen, gang pushers, and all supervisory employees at its Van, Texas, fields that they shall not threaten employees in any manner because of their membership in Oil Workers International Union, Local No. 459, in particular, or in any other labor organization in the Van Field, Van Zandt County, Texas; (c) Post and keep visible in conspicuous places throughout the respondent's Van, Texas, production area, for a period of sixty (60) consecutive days after the approval of the stipulation on which, this Order is based, the following notice: NOTICE TO EMPLOYEES THE PURE OIL COMPANY-VAN JOINT ACCOUNT, VAN, TEXAS This notice is posted pursuant to an Order entered by the Na- tional Labor Relations Board, and this Company hereby notifies its employees and agrees that: 1. The Company will not in any manner interfere with, re- strain or coerce its employees in the exercise of their rights to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. 2. The Company will not dominate or interfere with or cause to be dominated or interfered with the formation or administra- tion of the Federation of Employees of Pure Oil Company or with the formation or administration of any other labor organiza- tion of its employees and will not support or cause to be supported THE PURE OIL COMPANY 595 the Federation of Employees of Pure Oil Company or any other labor organization of its employees. 3. The Company will refrain from any recognition of the Federation of Employees of Pure Oil Company as a representative of any of its employees for the purpose of dealing with the Re- spondent concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of work and com- pletely disestablish the Federation of Employees of Pure Oil Company as such representative. 4. The Company will not discourage membership of its em- ployees in Oil Workers International Union, Local No. 459, or any other labor organization of its employees in the Van Field, Van Zandt County, Texas, by urging, persuading or warning its employees to refrain from becoming or remaining members of said organization. 5. The Company will not dominate or interfere in any manner with the formation or administration of any labor organization (as defined by the National Labor Relations Act) of its employees or contribute financial or other support thereto. 6. Superintendents, Farm Bosses, Gang Foremen, Gang Pushers, and other supervisory employees are instructed to take note of the above directions and to use diligence in seeing that they are carefully followed. 7. Copies of this Notice shall be posted for a period of sixty (60) days from the date of posting in conspicuous locations on the Company's property in the Van, Texas, area. THE PURE OIL COMPANY By: -------------------------- Dated --------------- 1942. , (d) Notify the Regional Director for the Sixteenth Region, in writing, within ten (10) days from the date of this Order, what steps the respondent has taken to comply herewith.