Magnolia Petroleum Co.

In the Matter of. MAGNOLIA PETROLEUM COMPANY and OIL WORKERS INTERNATIONAL UNION, C I 0 Case No. 16-R -1301 -Decided June 5. 1945 1llable M. Weir and Mr. Lindsay P. Walden, of Fort Worth, Tex., for the Union. 111•. J. W. Folmar, of Fort Worth, Tex , Mr. Roy C. Ledbetter, of Dallas, Tex., and Mr L. B. Gough, of Beaumont, Tex., for the Company Mr. Louis Cokiii, of counsel to the Board DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petition duly filed by Oil Workers International Union. C. 1. 0, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Magnolia Petroleum Company, Fort Worth, Texas, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John H. Garver, Trial Exanniner. Said hearing was held at Fort Worth, Texas, on May 1, 1945. 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 oppor- tunity 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 Magnolia Petroleum Company is a Texas corporation operating a refin- ery at Fort Worth, Texas, where it is engaged in the production, purchase, sale, and refining of petroleum products. It has its principal offices at Dallas. 62NLRB.,No15 115 116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Texas. The Company receives over $3,500,000, annually for its products from its Fort Worth plant, about 16 percent of which is derived from shipments made to points,otits] de the State of Texas. The Company admits that it is engaged in commerce withal the meaning of the-National Labor Relations Act. If. THE ORGANIZATION INVOLVED Oil Workers International Union is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership em- ployees of the Company. III. TJ-IE QUESTION CONCERNING REPRESENTATION During April 19i5, the Union requested recognition as the exclusive col- lective bargaining representative of the employees at the Fort Worth plant of the Company. The Company refused this request until such time as the Union is 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 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 Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV THE APPROPRIATE UNIT The Union urges that all operating and maintenance employees at the Fort Worth, Texas,' refinery of the Company, including watchmen and gatemen, but excluding superintendent, assistant superintendent, pipe-line superintendent, mechanical foreman, mechanical subforeman, shift fore- man, and office, administrative, executive, professional, and technical enn- ployees, constitute a unit appropriate for the purposes of collective bargain- ing. The Union further requested that the watchmen and gatemfn be set up as a separate unit in the event the Board determines that they do not properly belong in the same unit with operating and maintenance employ- ees. The Company contends that the watchmen and gatennen, because of their monitorial duties and relationship to management, should be excluded from the unit of operating and maintenance employees and further that.a separate unit of such employees is also inappropriate. The Company employs four gatemen and three watchmen who check the ingress and egress of vehicles and persons at the Company's gates and also patrol the premises to protect it against trespassers. The gatemen and watchmen are presently deputized by the county sheriff for the county in 'The statement discloses that the Union submitted appiic.tti in ce,ds Bening the names of 113 per- sons who appeared on the Company's A nii 11, 1945, Pay roll The said pay loll listed appioxunately 168 employees in the appropuatc unit. MAGNOLIA PETROLEUM COMPANY 117 which the Fort Worth refinery of the Company is located. They have the authority to make arrests and carry arms. Their duties, however, are of a monitorial rather than a supervisory nature. Thus, we shall not include them in the same unit with the operating and maintenance employees, but shall establish them as a separate unit.' We find that all operating and maintenance employees at the Fort Worth, Texas, refinery of the Company, excluding watchmen, gatemen, office, administrative, executive, professional, and technical employees, superin- tendent, assistant superintendent, pipe-line superintendent, mechanical fore- man, mechanical subforeman, shift foreman, and any other supervisory employees with authority to lire, promote, discharge, discipline, or other- wise 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. IWe further find that all watchmen and gatemen at the Fort Worth, Texas, refinery of the Company, excluding 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. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of elections by secret ballot among the employ- ees in the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth m 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 Relations Act, and pursuant to Article 11, 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 representatives for the purposes of collective bargaining with Magnolia Petroleum Com- pany, Fort Worth, Texas, 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 supervision of the Regional Director for the Sixteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Articles III, Sections 10 and 11, of said Rules and Regulations, among the employees in each of the units 2 Matter of Bethlehem-Fairfield Shipyard, Inc , 61 N L R B 901, Matter of Colu mbian Paper Company, 60 N. L R. B 1201 118 DECISIONS OF NATIONAL LABOR RELATIONS BOAR]) found appropriate in Section IV, above, who 'o ere employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during the said pay-roll period because the)' 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 and have not been rehired or reinstated prior to the date of the elec- tions, to determine. in each instance, whether or not they desire to be represented by Oil Workers International Union, C. I. 0 , for the purposes of collective bargaining.