Continental Oil Co.

In the Matter of CONTINENTAL OIL COMPANY, EMPLOYER and INTER- NATIONAL CHEMICAL WORKERS UNION, LOCAL No. 193, AFL, PETITIONER Case No. 15-RC-960 SUPPLEMENTAL DECISION AND ORDER January 9, 1950 On August 24, 1949, the Board issued a Decision and Order I. dis- missing the petition in this case. Thereafter, the record was reopened upon the Petitioner's motion to take additional testimony regarding the supervisory status of the head roustabouts involved. A supple- mental hearing was held before Richard C. Keenan, hearing officer. The hearing officer's rulings made at the hearing are free from prej- udicial error and are hereby affirmed. 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. The labor organization involved claims to represent employees of the Employer. 3. No question affecting commerce exists concerning the represen- tation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following .•easons : In the original Decision and Order in this case we stated : The record demonstrates that the head roustabouts are in charge of gangs of 1 to 12 men whose work they supervise and direct. Although they are given general instructions for particular field operations, they exercise independent judgment in the perform- ance of their regular tasks and in the assignment of jobs to their crews. They have complete charge of the gangs when on the field. 85 NLRB 827. 2 Pursuant to the provisions of Section 3 (b) of the amended Act , the Board has dele- gated its powers in connection with this case to a three -member panel [ Chairman Herzog and Members Houston and Murdock]. 3 85 NLRB 827. 88 NLRB No. 34. 19 882191-51-3 20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On the basis of the facts then before us, we found that the head roustabouts were supervisors, as defined in Sec. 2 (11) of the amended Act, solely on the ground that they apparently had authority re- sponsibly to direct other employees." The clarifying evidence adduced at the supplemental hearing shows that while the head roustabouts have authority to assign and direct other employees, such authority is of a merely routine nature.' The head roustabouts are the senior qualified men of regular crews of two or three men .a - These crews perform routine operations which are modified only when the farm bosses or superintendent decide that a nonroutine operation should occur, or when an emergency requires immediate action. In the typical crew, the head roustabout drives the pickup truck, drops the men off, one by one, on their daily regular routes; reports non-routine troubles to the head office, relays head office orders to the crew, etc. The head roustabouts perform mechan- ical duties similar to those of the other members of the crew, with whom they are interchangeable. Although the head roustabouts "assign" the men to jobs,.the job assignments within the crews are determined by the preferences of the crew members, according to seniority. Most of the tasks are one- man jobs and are performed by a single worker, who requires no further instruction or supervision. The parties stipulated that the head roustabouts do not have the authority to order overtime, select their crews, specify any individual as a replacement, or detail extra men when needed. The Employer further stipulated that the extent of the direction and control exercised by the head roustabouts is comparable to that exercised by a truck driver with one regularly assigned helper.7 Upon the entire record, we now find that the head roustabouts are not supervisors .8 As they are not supervisors, they may properly In that decision, we said : "There is no evidence that they have authority to hire employees in their own name or effectively to recommend employees for hiring. Nor is there any evidence that they have authority, to discharge or lay off men in their own name, although they have on occasion caused the transfer and replacement of unsuitable assist- ants." This finding is supported by the present record. 5 See. 2 (11) includes among the tests of supervisory status "authority, in the interest of the employer, to . . . assign, .. . other employees or responsibly to direct them, . . . If in connection with the foregoing exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment." 8 The head roustabouts are hourly paid, while supervisors generally are paid on a salary basis. Although they receive 10 percent higher wages than first-class roustabouts, they receive the same wages as the mechanics who are concededly employees. They do not attend meetings regularly held by the Employer for supervisors. ° See Atlanta Coca-Cola Bottling Company, 83 NLRB 187, and General Beverages Com- pany, 85 NLRB 696, in which the Board has held such drivers not to be the supervisors of their assistants. 8See Lockheed Aircraft Corporation, 87 NLRB 40; Pacific Gas and Electric Company, 87 NLRB 257. CONTINENTAL OIL COMPANY 21 be included in the existing production and maintenance unit currently represented by the Petitioner, in which unit its majority status is not here questioned. Accordingly we shall dismiss the petition here- in, there being no question concerning representation." ORDER Upon the basis of the foregoing findings of fact and upon the entire record in this case, the National Labor Relations Board hereby orders that the petition in this case be, and it hereby is, dismissed. IT Is FURTHER ORDERED that the Decision and Order in this case, issued by the Board on August 24, 1949, be and it hereby is, vacated and set aside, insofar as it is inconsistent with this Supplemental Decision and Order. 9 See Inter-Island Steam Navigation Co., Ltd., 61 NLRB 988, 990.