Phillips Petroleum Co.

In the Matter of PHILLIPS PETROLEUM COMPANY and OIL WORKERS INTERNATIONAL UNION-C. I. O. In the Matter of PHILLIPS PETROLEUM COMPANY and OFFICE EMPLOYEES UNION #23740, A. F. L. In the Matter of PHILLIPS PETROL uM COMPANY and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #351 Cases Nos. 16-R-1026, 16-R-10593 and 16-R-1059 respectively.- Decided November 14, 1944 Mr. Cecil L. Hunt, of Bartlesville, Okla., for the Company. Messrs. W. F. Noell and C. R. Williams , of Pampa, Tex., for the Oil Workers. Mr. Phil Taylor, of Tulsa, Okla., for the Office Employees. -Mr. A. J. Reinhard, of Fort Worth , Tex., and Mr. H. R. Shepherd, of Borger, Tex., for the Operating Engineers. Mr. Louis R. Mercado , of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by Oil Workers International Union- C. I. 0., herein called the Oil Workers, and by International Union of Operating Engineers, Local #351, herein called the Operating Engi- neers, and upon the second amended petition duly filed by Office Em- ployees Union #23740, A. F. L., herein called the Office Employees, alleging that questions affecting commerce had arisen concerning the representation of employees of Phillips Petroleum Company, Bartles- ville, Oklahoma, herein called the Company, the National Labor Rela- tions Board entered an order consolidating the cases and provided for an appropriate hearing upon'due notice before John H. Garver, Trial Examiner. Said hearing was held at Amarillo, Texas, on October 10, 1944. The Company, the Oil Workei , the Operating Engineers, and the Office Employees 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 59 N. L. It. B., No. 55. - 263 264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Phillips Petroleum Company, a Delaware corporation with its principal office in Bartlesville, Oklahoma, is engaged in the produc- tion, transportation, and sale of petroleum and related products. The Company operates an oil refinery at Borger, Texas, and additional plants, comprising its natural gasoline department in the Pampa area, Texas, which includes the Pampa, Gray, LeFors, Bower, Wheeler Booster, and Grayco plants. It also operates the Panhandle warehouse at Borger, which serves the Company's operations in the Borger area. The Company annually receives at its Borger oil refinery raw mate- rials (exclusive of crude oil) consisting chiefly of clay, caustic soda, and bauxite, valued in excess of $1,000,000; of which 75 to 80 percent is received from points outside the State of Texas; it annually sells from its Borger oil-refinery finished products, valued in excess of $3,000,000, of which 80 percent is delivered to points outside the State of Texas. The Company annually receives for use in the operation of its natural, gasoline department in the Pampa area maintenance materials, valued in excess of $50,000, of which 75 percent is received from points outside the State of Texas; it annually sells from its plants in the Pampa area finished products, valued in excess of $138,000, of which products in excess of $124,000 in value are delivered to points outside the State of Texas. Materials for the Company's operations in the Borger area are handled through the Panhandle warehouse. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED Oil Workers International Union-C. I. 0., affiliated with the Con- gress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. Office Employees Union #23740, A. F. L., affiliated with the Amer- ican Federation of Labor, is a labor organization admitting to mem- bership employees of the Company. _ International Union of Operating Engineers, Local #351, affili- ated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. PHILLIPS PETROLEUM COMPANY 265 III. THE QUESTIONS CONCERNING REPRESENTATION The parties stipulated that on various dates between August 12 and September 13, 1944, the several petitioners notified the Company of their respective claims, to represent certain employees of the Company and requested recognition as the exclusive bargaining representative of such employees; and that the Company in each instance refused to recognize the petitioner unless and until it should be certified by the Board. The units sought by the several petitioners are not con- flicting. Data from statements of a Field Examiner of the Board, introduced into evidence at the hearing, has been compiled in a table in the footnote below and shows that each of the petitioners represents a substantial number of employees in the unit it contends to be appropriate.' - We find that questions affecting commerce have arisen concern- ing 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 UNITS A. The Oil Workers unit The Company and the Oil Workers are in agreement that the appropriate unit should consist of all operating and maintenance employees of the Company's natural gasoline department, Pampa area, including booster stations, but excluding the area superintendent, the plant and maintenance superintendents, chief operators, technical, clerical, and supervisory employees ; they disagree as to the status of several categories of employees. The Company would exclude chief engineers, gang pushers, gas tester, metermen, and janitors. The Oil Workers would include these classifications. The chief engineer is in charge of the operation and repair of a stationary engine. Responsibility for the operation of the Company's gasoline plants is divided between the engine room and the distillation phase of the plant. The chief operator 2 is in charge of the distilla- tion phase of the plant and the chief engineers is in charge of the engine room. Both have parallel responsibilities and report directly I See the following: Union Cards in units found to bear apparently Number genuine employees original in unit signatures 0 Oil Workers--------------------------------------------------------------------- 157 106 Office Employees---------------------------------------------------------------- 45 23 Operating Engineers----------------------------------------------------------- -34 15 ' There are five of these employees. 4 There are seven of these employees. 266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to the plant supervisor. The chief engineer supervises the work of from 6 to 12 men and can effectively recommend changes in the status of these men. He works with the repair men but his relation with the oilers and operators is strictly supervisory. The principal dif- ference between the chief engineer and the chief operator is that the, former devotes some of,his time to repair work and is paid on an hourly basis, while the latter does no manual work'and is a salaried employee. Under these circumstances, we are of the opinion that the chief engineers fall within our customary supervisory definition, and we shall therefore exclude them from the unit. The gang pusher 4 is an hourly employee working with a,roving gang and,is responsible to the maintenance superintendent who gives him his work orders. He does the same work as the men whom he directs, frequently'taking his men to isolated field locations where he is in charge of directing the work of the men. Since the mainte- nance supervisor normally does not spend all of his time with a par- ticular crew, the gang pusher is the only director or supervisor over the crew for the greater part of the day. He is regarded by the Company as a working foreman with the same general authority as the chief engineer, who can effectively recommend changes in the status of employees under him. The only difference between them is that the chief engineer is in charge of the operation and repair of a stationary engine, while the gang pusher is in charge of a. roving field' crew. Under these circumstances, we find that the supervisory duties of the gang pushers are such as to warrant their exclusion from the unit.° The gas-tester ° analyzes gasoline to determine its content, makes reports of his findings to the Company, and keeps records thereof. He prepares surveys of new fields and meets with other companies' representatives on the Company's business. He reports directly to the area superintendent. Under these circumstances we find that the duties and interests of this employee do not warrant his inclusion in the unit of operating and maintenance employees and we shall exclude him from the unit.7 - The meternwn a drives about the area reading and checking some 300 of the Company's meters and reports • his findings to the area superintendent. He usually spends about 20 or 25 percent of his time repairing meters and is hourly paid. His duties require him to meet quarterly or semiannually with representatives of other com- 4 There are three of these employees. 6 See Matter of Continental Oil Company, 55 N. L. R. B. 1157, where we excluded "gang bosses and shift leadmen" who worked under similar eircumstanees ;Matter of Shell Petroleum Ccrporation , 56 N. L. R. 13.318. 6 There in one of these employees "See Matter of Ohio Public Serrice Company, 54 N. L. R. B . 1244, vbiieie'tte'excluded a'"first class meter- man" who had somewhat similar duties. 8 There are two of these employees PHILLIPS PETROLEUM COMPANY 267 panies to check certain meters with such representatives, reporting his findings to the area superintendent. Metermen are selected upon' the basis of their working experience and educational qualifications (including a knowledge of mathematics) from the men who have come up through helper jobs. They require a period of training before assuming their duties. We find nothing in the record to support the' contention of the Company that these employees are confidential or technical and, accordingly, we shall include them within the unit .9 The janitors are part of the maintenance force under the mainte- nance supervisor and perform the usual duties of such employees. We find no evidence in the record to warrant the conclusion of the Company that the janitors are confidential and, we shall, accordingly, include them within the unit. We find that all operating and maintenance employees of the Com- pany's natural 'gasoline department, Pampa area, including booster stations, including metermen, janitors, plumbers, general laborers, painters, truck drivers, welders, switchers, oilers, line-walkers, engi- neers, still operators, repairmen, and boiler firemen, but excluding clerical and technical-'employees, the area superintendent and plant and maintenance superintendents, chief operators, chief engineers, gang pushers, gas-testers, and supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, con- stitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. B. The Ofee Employees unit The parties are in agreement that the appropriate unit should con- sist of all office employees of the Borger oil refinery excluding jan- itors, confidential and supervisory employees, and office boys and girls of school age who are temporary employees. The parties further agree that the stenographers of Messrs. R. E. Evans and R. B. New- man are confidential employees and should be excluded. We find that all office employees of the Company's Borger oil refin- ery excluding janitors, confidential employees, the stenographers of Messrs. R. E. Evans and R. B. Newman, the office boys and girls of school age who are temporary employees, and 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 the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. Y See Matter of Commercial solvents Corporation , 45 N. L. R B 141, where we included a "meter mainte. nance man"- under similar conditions i 268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD C. The Operating Engineers unit The parties are in agreement that the appropriate unit should con- sist of. all employees of the Panhandle warehouse at Borger, exclusive of temporary, office, and- supervisory employees. Some question arose over the status of a woman checker. Her duties are clerical in nature and her time is divided equally between the main office and the ware- house where she has a small office. She checks incoming freight, checks, stock and purchase orders, and occasionally fills small orders. Her duties appear to be more integrated with the work of the office staff than the warehouse work. We find that she is an office worker and we shall, accordingly, exclude her from the unit .10 We find that all employees of the Company's Panhandle warehouse at Borger, including floor men, truck drivers, salvage men, laborers, yardmen, and mechanics, 'but excluding office employees, the woman checker with clerical duties, temporary employees, and supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or,effectively rec- ommend 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 questions concerning representation which have arisen be resolved'by means of separate elections by secret ballot among the employees in the respective appropriate units who were employed during the pay-roll period immediately preceding the date of our Direction of Elections herein, subject to the limitations, and additions set forth in the Direction. DIRECTION OF ELECTIONS 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 Phillips Petro- leum Company, Bartlesville, Oklahoma, elections 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- '0 See Matter of Shell Petroleum Corporation, 56 N L R B 318, where we excluded clerical employees designated " inventory clerk ," "order clerk," "material checker," and "material transfer clerk " from a unit of operating and maintenance employees of a warehouse. - , PHILLIPS PETROLEUM COMPANY 269 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 Regulations, among the following employees in the units found appropriate in Section IV, above, who were employed by the Company during the pay-roll period immediately preceding the date of this Direction, in- cluding employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and in- cluding employees in the armed forces of the United States who present themselves in person at the polls, but excluding those em- ployees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elections, to determine (1) in the case of the Oil Workers unit whether or not they desire to be represented by the Oil Workers International Union- C. I. 0., for the purposes of collective bargaining, (2) in the case of the Office Employees unit whether or not they desire.to be repre- sented by the Office Employees Union #23740, A. F. L., for the pur- poses of collective bargaining, and (3) in the case of the Operating Engineers unit whether or not they desire to be represented by Local 351, International Union of Operating Engineers, for the purposes of collective bargaining.