The Texas Pipe Line Co.

In the Matter of THE TEXAS PIPE LINE COMPANY and OIL WORKERS INTERNATIONAL UNION , C. I. O. Case No. 16 R-9013.-Diecided July 12, 1944 Messrs. John, C. Jackson and B. B. McLaughlin, of Houston, Tex., for the Company. Mr. Lindsay P. Walden, of Fort Worth, Tex., 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 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 The Texas Pipe Line Company, Houston, Texas, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert F. Proctor, Trial Examiner. Said hearing was held at Fort Worth, Texas, on June 13, 1944. The Company and the Union 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 prejudicial error and are hereby affirmed. All parties were afforded 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 The Texas Pipe Line Company is a Texas corporation doing busi- ness as a common carrier in the States of Texas, Oklahoma, Louisiana, Illinois, Indiana, and Montana. The Company operates approxi- mately 6,409 miles of trunk and gathering pipe lines within said States for the gathering and transportation of crude oil. 57 N. L. R. B., No. 35. 196 THE TEXAS PIPE LINE COMPANY 197 During .1943 -the Company transported' at least' 55,000,000 barrels of crude oil and petroleum products, a substantial quantity of which was transported through the Company's North Texas lines. A portion of the oil originating in the,State of Texas is transported through the Company's lines to points within the State of Oklahoma. The present proceedings involve only the North Texas Division of the Company. We find that the Company;is,engaged in comnierce.within_,the mean- ing of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED Oil Workers International Union is a labor organization affiliated with the Congress of Industrial Organizations, admitting to member- ship employees of the'Company. '111. THE QUESTION CONCERNING REPRESENTATION On April 13, 1944, the Union requested recognition as the collective bargaining representative,of employees in the North- Texas Division. The,Company declined to recognize the Union until it had been certified by the Board. A statement of a Field Examiner of the Board, introduced into' evidence at the hearing, indicates that the Union represents a substan- tial number of employees in the unit hereinafter found to be appro- priate 1 ' - ' 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. contends that all operating and maintenance employees in the North Texas Division,of the Company, excluding assistant gang foremen, assistant superintendents, assistant to chief clerks, assistants to superintendents, carpenter foremen, chief clerks, chief main line engineers, chief tour engineers, district foremen, division engineers, gang foremen, 'junior clerks, master mechanics, senior clerks, stenog- raphers; stenographer-clerks,-superintendents,atankage foremen, ware7 housemen=clerical employees, and welder foremen, constitute an appro- priate unit. The only controversy with respect to the unit concerns tour engineers, district gaugers, and assistant master mechanics. ' The statement discloses that 'the Union submitted applications for membership bearing the apparently genuine signatures of 83 persons whose names appeared on the Company's April 17, 1944, pay roll . The said pay loll listed approximately 261 employees in the appropriate unit '1 98 DECISIONS OF NATIONAL ; LABOR RELATIONS BOARD The. afore-mentioned three -classes of employees have ,been found by the Board, after dispute in, bther .divisions of, the Company ,2 to-be non- supervisory. employees and thereby included in the unit., The parties agreedi-in the instant , proceeding that -the classifications in dispute 'herein are' identical .with those -previously decided. - Accordingly, we, shall include tour engineers, district gaugers, - and -assistant' master mechanics in the ' unit. We find that all operating and.maintenance employees in the North Texas Division of the Company, including district gaugers, tour engi- neers, and assistant -master' mechanics , but excluding assistants to chief clerks, junior clerks,,senior clerks, stenographers , stenographer-clerks, warehousemen-clerical employees , assistant gang foremen, assistant superintendents, assistants to superintendents , carpenter foremen, chief 'clerks, chief main line engineers, chief tour engiuee'rs,.district foremen, division engineers, gang foremen , master mechanics, superintendents, tankage, foremen, and any other supervisory employees with authority to hire,' promote, discharge , discipline, or otherwise effect changes in the status of employees , or effectively recommend such action , consti- tute ' 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 means of an election by secret ballot among the employees in the appropriate unit who were employed during the pay roll period immediately precedipg 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 the National Labor Relations Board Rules and Regulations-Series 3, it is hereby DIRECTED that; as part of the investigation to ascertain representa- tives for the purposes,of collective bargaining with the- Texas Pipe Line Company, Houston, Texas, 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 2 See Matter of The Texas Pipeline Company, 55 N L R B 239, and 53 N. L R B. 431. ' V THE TEXAS PIPE LINE COMPANY 199 to Article III, Sections 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 preceding the date of this Direction, including employees who did not work during said payr-ro11 period Because they were ill or on vacation or temporarily laid off, and including employee's 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 represented ,by Oil Workers Interna- tiopal Union, C.- I. 0., for the purposes of collective bargaining.,