Phillips Petroleum Co.

In the Matter of PHILLIPS PETROLEUM COMPANY and OIL WORKERS - INTERNATIONAL UNION, LOCAL 232, C. I. O. Case No. R-4021.-Decided March 17, 1943 Jurisdiction : oil refining industry. Investigation and Certification of Representatives : existence of question:, refusal to recognize union because of contract with rival union ; contract subject to defeasance upon thirty days' notice held no bar to a determination of repre- sentatives, when contracting party reopened the contract by notifying the company of its desire to negotiate a new agreement, and petitioner service notice upon the company thirty, days prior to a semiannual period of the contract ; election necessary. Unit Appropriate for Collective Bargaining : all operating and maintenance em- ployees in one of the divisions of the company, including employees at another of its plants, watchmen, and guards, but excluding office, supervisory, clerical, meter department, and technical employees. Mr. M. W. Eddleman, Mr. Rex McRoy, and Cllr. Wallace Williams, of Bartlesville, Okla., for the Company. . Mr. Tom McCormick, of Tulsa, Okla., and Mr. Dial Murphy, of Oklahoma City, Okla., for the Oil Workers. Mr. Lloyd Higgins and Mr. Gerald Andrews, of Oklahoma City, Okla., for the Guild. Mr. Louis Colvin, of counsel to the Board. DECISION AND - DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Oil Workers International Union, Local 232, C. I. 0., herein,called the Oil-Workers, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Phillips Petroleum Company, Bartlesville, Oklahoma, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Henry J. Kent, Trial Examiner. Said hearing was held at Oklahoma City, Oklahoma, on February 22, 1943. At the commencement of the hear-' ing, The 66 Guild, herein called the Guild, moved to intervene. The Trial Examiner denied the motion on the ground that the. Guild 48 N. L. It. B., No. 30. 248 PHTLLIiPS PETROLEUM COMPANY 249 failed to present, evidence of representation among the employees of the Company. However, as stated in Section III, below,' the Guild' is a• party to a contract with the Company. We shall overrule the denial of intervention, inasmuch as the Guild's contract with the Company is sufficient evidence of its interest in this proceeding. The Company, the Oil Workers, and the Guild appeared, participated, 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 prej- udicial error and, except as noted,above, are hereby affirmed. Upon-the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Phillips Petroleum, Company operates seven plants in the Okla- homa City, Oklahoma, district, with which we are, here, concerned. During the first 10 months of 1942, the Company produced 32,536,000 gallons of aviation gasoline and liquefied petroleum gas products, over 50 percent of which was shipped to points outside the State of Okla- homa. During the same period, the Company produced 1,054,000 pounds of catalyst materials, 83 percent of which was shipped to points outside the State of Oklahoma. II.' THE ORGANIZATIONS INVOLVED Oil Workers International Union, Local 232, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. The 66 Guild is an unaffiliated labor organization admitting 'to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On March 16, 1937, the Company entered into a contract with a committee of employee representatives. The Guild is the successor to the contracting committee. It has continued to administer the con- tract. The contract provides that it shall be effective March 1, 1937, and continuously thereafter, unless canceled ' by mutual agreement of the parties thereto within 30 days prior to the end of any semi- annual period of the contract. On February 2, 1942, the Guild noti- fied the Company that it desired to negotiate a new agreement. - The Guild repeated its request on January 28, 1943. On November 11, 1942, the Oil Workers requested the Company for exclusive recogni-, tioh. "The Company refused this request. - Inasmuch as the Guild 250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD has reopened its contract with the Company, and the Oil Workers has served notice upon the Company 30 days prior to a semi-annual period of the contract; we find that the contract does not constitute a bar to a present determination of representatives. . A statement of a Field Examiner of the Board, introduced into evidence during the hearing, indicates that the Oil Workers repre- sents 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT The Gil Workers urges that all operating and maintenance em- ployees in the gasoline division of the Company in the Oklahoma City area, including employees at the' Edmond plant, watchmen, and guards, but excluding office, supervisory, clerical, meter department,, and technical employees,' constitute an appropriate unit.' The only controversy with respect to the unit concerns guards. The Oil Workers would include such employees, and the Company would ex- clude them., The Guild takes no position with respect to these persons. ' The Company employs eight persons classified by it as guards; 'These employees are deputized, armed, and subject to the Articles of War. In accordance with'our'usual policy, we shall exclude guards from the unit. We find that all operating and maintenance employees in the gaso- line division of the Company in the Oklahoma City area, including ,employees at the Edmond plant and watchmen, but excluding office, supervisory, clerical, meter department, and technical employees, and guards, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act.2 V. THE DETERMINATION OF REPRESENTATIVES , We shall direct. that the question concerning representation which has arisen be resolved by means of an election by secret ballot among the employees -within the appropriate unit who were employed during 'The Field Examiner reported that the Oil workers presented 140 authorization cards bearing apparently genuine signatures of persons whose names appear on the Company's k pay roll of October 1942 . There are approximately 298 employees in the appropriate unit. The Guild relies upon its contract with the Company as evidence of its representation among the Company's employees. 2'This is substantially the same unit that is provided for in the contract between the Guild and the Company. PHILLIPS PETROLEUM COMPANY 251 the pay-roll period immediately preceding the date of the Direction of Election, 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 Relations 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 Phillips Petroleum Company, Bartlesville, Oklahoma, 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 Sixteenth 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 em- ployed during the pay-roll period immediately preceding the date of this Direction, including any such 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 they desire to be represented by Oil Workers International Union, Local 232, affiliated with the Congress of Industrial Organiza- tions, or by The 66 Guild for the purposes of collective bargaining, or by neither.