081 NLRB 10
Deep Rock Oil Corp.
In the Matter of DEEP ROCK OIL CORPORATION ,' EMPLOYER AND PETI-
TIONER and OIL WORKERS INTERNATIONAL UNION, CIO, UNION
Case No. 16RM-13. Decided January 5,1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing offi-
cer of the National Labor Relations Board.
The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. Oil Workers International Union, CIO, is a labor organization
affiliated with the Congress of Industrial Organizations, claiming to
represent employees of the Employer.
3. The alleged question concerning representation :
The Employer has bargained with the Union since 1934. In August
1948, following a dispute between the parties as to the appropriate
units, the Employer and the Union agreed to submit the unit question
to the Board.
Pursuant to this agreement, the Employer filed the
petition herein, alleging that there are nine appropriate units.
There-
after, the Employer and the Union entered into a stipulation regard-
ing the appropriate units.2
As the Employer had, prior to the hear-
ing, agreed to recognize the majority status of the Union, and had
3 The name of the Employer appears as amended at the hearing.
*Chairman Herzog and Members Houston and Murdock.
The Employer and the Union agreed that there are three appropriate unite composed
of (a) pipe line department employees ,
(b) production department employees, and (c)
refinery employees, with the usual exclusions of guards , clerical employees and supervisors.
From the record before us, there is nothing to indicate that these stipulated units are
inappropriate or inconsistent with the provisions of Section 9 (b) of the Act, as amended.
81 N. L. R. B., No. 3.
10
DEEP ROCK OIL CORPORATION
11
indicated that, upon the resolution by the Board of the question of the
appropriate units, it would withdraw its petition, there is no dispute
between the parties on any material issue.
Accordingly, we find that no question affecting commerce exists
concerning the representation of employees of the Employer, within
the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
ORDER
Upon the basis of the entire record in this case, the National Labor
Relations Board hereby orders that the petition filed in the instant
matter be, and it hereby is, dismissed.