Phillips Petroleum Co.

In the Matter of PHILLIPS PETROLEUM COMPANY and ASSOCIATED OIL FIELD WORKERS UNION Case No. 1,6-R-1246.-Decided June 18,1945 Mr. R. B. F. Hummer, of Bartlesville, Okla., for the Company. Mr. J. W. Hassell, Jr., of Dallas, Tex., for the Union. Mr. Louis Co kin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Associated Oil Field Workers Union, here- in called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Phillips Petroleum Company, Bartlesville, Oklahoma, herein called the Company, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before Earl Saunders, Trial Examiner. Said hearing was held at Oklahoma City, Oklahoma, on May 10, 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 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 Phillips Petroleum Company is a Delaware corporation operating 4 plants and a terminal in Southern Oklahoma, where it is engaged in the production of natural gasoline. The Company receives about $9,000 monthly for its products from its Southern Oklahoma plants, about 85 62 N. L. R. B., No. 73. 537 538 DECISIONS OIL NATIONAL LABOR RELATIONS BOARD percent of which is derived from shipments made to points outside the State of Oklahoma. The Company admits that it is- engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Associated Oil Field Workers Union is an unaffiliated labor organiza- tion, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During March 1945 the Union requested recognition as the exclusive collective bargaining representative of certain employees of the Company. The Company refused this request. A statement of a Field Examiner of the Board , introduced into evi- dence 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 parties agree that all operating and maintenance employees in the Southern Oklahoma areal of the Oklahoma District in the Natural Gas- oline and Gas Department of the Company, including plant testers, but excluding plant superintendents, plant foremen, chief operator, chief engineer, gang pushers, clerical employees, engineers, and chemists, con- stitute an appropriate bargaining unit. There seems to be some dispute, however, with respect to the disposition to be made of the meterman. The Company employs one meterman in the area described above. The Company would exclude him from the unit, while the Union takes no posi- tion with respect to him. The meterman tests and repairs meters and pur- chases and sells natural gas for the Company. He spends approximately 65 percent of his time purchasing or selling natural gas. Inasmuch as he spends only a small portion of his working time performing maintenance work and for the balance of his time acts as buyer and salesman for the Company, we shm1l exclude him from the unit. We find that all operating and maintenance employees in the Southern Oklahoma area of the Oklahoma District in the Natural Gasoline and Gas Department of the Company, including plant testers, but excluding ' The statement discloses that the Union submitted authorization cards bearing the names of 41 persons who appeared on the Company's March 31, 1945 , pay roll The said pay roll listed approxi- mately 53 employees in the appropriate unit 2 The Southern Oklahoma area is composed of the Dill, Eleven-11, Wewoka, and Wetumka plants, and the Okmulgee Terminal of the Company. PHILLIPS PETROLEUM COMPANY 539 the meterman, clerical employees, engineers, chemists, plant superintend- ents, plant foreman , chief operator, chief engineer, gang pushers, and any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or ef- fectively 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 an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election here- m, 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 National Labor Relations Board kules 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 Phillips Petroleum Com- pany, Bartlesville, Oklahoma, an election by secret ballot shall be con- ducted 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 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, includ- ing employees who did not work during said pay-roll 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 per- son 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 Associated Oil Field Workers Union, for the purposes of collective bar- gaining.