Cities Service Oil Co.

In the Matter Of CITIES SERVICE OIL COMPANY (PRODUCTION AND SERVICE DEPT, STATE OF KANSAS ) and OIL WORKERS INTERNATIONAL UNION, AFFIIIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZA- TIONS Case No R-3940 -Decided July 3,1949, Jurisdiction : oil producing and iefimng industry Investigation and Certification of Representatives : existence of question Com- pany refused to giant petitioner iecognition, prior election resulting in a selection of no baigaining agency held no bar to determination of representa- ti\ es on petition filed 4 months fi om date of election , election necessary Unit Appropriate for Collective Bargaining : all field classified employees in the production division (oil and gas), in the waiehouse, in the machine shop, and in the motor tianspoitation departments, who work in Kansas, excluding clerical and technical employees, supeinsoiy employees who have the power to hie and discharge and supei%isoiy employees who have the power to iecrnnmend hire and discharge Mr. I? L Morton, Mr TV. P McGinnis, and Mr F M. Butler, of Bartlesville, Okla, for the Company. Mr H C Fremmvng, of Kansas City, Mo, and Mr. A le Kinstley, of Fort Worth, Tex, for the Union. Mrs Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION S rATEMENT OF THE CASE Upon petition duly filed by Oil Workers International Union, affili- ated with the Congress of Industrial Organizations, herein called the Union, alleging that a question affecting commerce had arisen concerning the iepresentation of employees of Cities Service Oil Company, Bartlesville, Oklahoma, heiein called the Company, the National Labor Relations Board provided for an appropiiate hearing upon due notice before Clarence D. Musser, Trial Examiner Said hearing was held at Kansas City, Missouri, on June 12, 1942. The Company and the Union appeared and participated I All parties were afforded full opportunity to be heard, to examine and ci oss- i International Union of Opetating Enginecis, although served with notice, did not appear 42N L R B, No 12 45 46 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Upon the entire record in the case, the Board makes the following FINDINGS OF FACT I THE BUSINESS OF THE COMPANY Cities Service Oil Company has its office and principal place of busi- ness at Bartlesville, Oklahoma It is extensively engaged in the pro- duction, refining, and marketing of crude petroleum and petroleum products In Kansas the Company is engaged in the production and sale of crude petroleum During the year 1941 the Company pro- duced and sold petroleum products valued in excess of $2,000,000. In the course and conduct of its business in Kansas, the Company uses oil machinery, tools, and equipment, the major part of which is brought to its places of business in Kansas from points outside Kan- sas. The major part of the petroleum products produced in Kansas is sold outside Kansas The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act II. THE ORGANIZATION INVOLVED Oil Workers International Union is a labor organization affiliated with the Congress of Industrial Organizations, admitting to member- ship employees of the Company. III THE QUESTION CONCERNING REPRESENTATION On February 5, 1942, the Union, alleging that it represented a majority of the Company's field employees in Kansas, asked the Company to recognize the Union as their bargaining agent As a result of this demand, a consent election was conducted among such employees from February 10 to 13, 1942, by a Conciliator of the Department of Labor. The result of the consent election showed 180 votes for, and 191 votes against, the Union On April 7, 1942, the Union again asserted its claim to represent a majority of the same employees and asked for recognition as their baiganung agent. Upon the Company's refusal the Union filed the petition in this proceeding The Company contends that the Board should not entertain the Union's petition filed in this proceeding, alleging that too short a time has elapsed since the February election to justify another election at this time. The record in this proceeding indicates that the Union has secured recent authorizations of a substantial number of the CITIES SERVICE OIL COMPANY 47 Company's employees 2 In the unit which the parties agree is appro- priate for bargaining We believe that the policies of the Act will best be effectuated by holding an election without further delay in order that employees of the Company may obtain the right to bargain collectively with the Company if they so desire.3 We find that a question affecting commerce has arisen concerning the iepresentation of employees of the Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IT. THE APPROPRIATE UNIT We find, in accordance with the agreement of the parties, that all field classified employees employed in the production division (oil and gas), in the warehouse, in the machine shop, and in the motor- transportation departments who work in Kansas, excluding cleiical and technical employees, supervisory employees who have the power to hire and discharge, and supervisory employees who have the power to recommend hire and discharge, constitute a unit appropiiate 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 repiesentation which has arisen be resolved by an election by secret ballot among employees within the appropriate unit who were employed during the pay-roll peiiod immediately pieceding the date of our Direction of Election, subject to the limitations and additions set forth therein 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Cities Service Oil Company, Bartlesville, Oklahoma, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days The Union submitted to a Field Examiner 216 authorization cards , of which 202 bear apparently genuine signatures of employees on the pay roll of April 17, 1942 All but 2 of these cards bear dates subsequent to the election concluded on February 13, 1942 There ai e about 388 employees in the appropriate unit 3 See Matter of Ford A Smith, Blanche F Smith, and William C Shanks, Partners doing business as Smith Cabinet Manufacturing Company and United Brotherhood of Carpenters d Joiners, Local No 1699 (AFL), 38 N L R B 957, and cases cited therein 48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD fiom the date of this Direction, under the direction and supeivision of the Regional Director for the Seventeenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all employees of the Company within the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Oil Workers International Union, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining In the Matter of CITIES SERVICE OIL COMPANY (PRODUCTION AND SERV- ICE DEPT, STATE OF KANSAS) and OIL WORKERS INTERNATIONAL UNION, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-3940 CERTIFICATION OF REPRESENTATIVES August 4, 1940, On July 3, 1942, the National Labor Relations Board issued a Decision and Direction of Election in this proceeding ' Pursuant to the Direction of Election , an election by secret ballot was conducted on July 20 and 21, 1942, under the direction and supervision of the Regional Director for the Seventeenth Region (Kansas City, Mis- souii). On July 22, 1942, the Regional Director , acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties As to the balloting and its results , the Regional Director reported as follows Total on eligibility list-------------------------------------- 375 Total ballots cast ------------------------------------------- 339 Total ballotsJeh illenged ------------------------------------- 2 Total blank ballots ------ ------------ ----------------------- 0 Total void -ballots ------------------------------------------ o Total valid votes counted ------------- ------------------------------------ 337 Votes cast for Oil Woikei, Inteinational Union , affiliated with the C I 0----------------------------------------------- 198 Votes with cast against Oil \Voikeis Ii,teinational Union, affiliated the C I 0------------------------------------------ 139 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, 49 Stat 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Sei ies 2, as amended, IT IS HEREBY CERTIFIED that Oil Workeis International Union, affil- iated with the C I 0 , has been designated and selected by a majority of all field classified employees of Cities Service Oil Company, Bartles- ville, Oklahoma, employed in the production division (oil and gas), in the warehouse, in the machine shop, and in the motoi -transportation '42 N L R B 45 42NT LRB No 12a 4 7 28l 4-4 2-\ o1 42----4 49 50 - CITIES SERVICE COMPANY departments, who i%ork in Kansas, excluding clerical and technical employees, supervisory employees who have the power to hire and discharge, and supervisory employees who have the power to recom- mend hire and discharge, as their representative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the Act, Oil Workers International Union, affiliated with the C I 0, is the exclusive representative of all such employees for the puiposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment 1