South West Pennsylvania Pipe Lines And Oil Workers International Union, Cio, 1384 (1945)

In the Matter of SouTH WEST PENNSYLVANIA PIPE LINES and OIL WORKERS INTERNATIONAL UNION, CIO Case No. 6-R-1188.-Decided December 13, 1945 Messrs. Read, Smith, Shavw, and McClay, by Mr. Nicholas Unkovic, of Pittsburgh, Pa., for the Company.

Mr. Forest Sparks, of Coraopolis, Pa., for the Union.

Mr. Lee Pressman, by Mr. Frank Donner, of Washington, D. C., for the CIO.

Mr. Joseph A. Padway, by Mr. Herbert S. Thatcher, of Washington,

D. C., for the AFL.

Mr. Philip Licari, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Oil Workers International Union,

CIO, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of South West Pennsylvania Pipe Lines, Pittsburgh, Pennsylvania, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Joseph Lepie, Trial Examiner. The hearing was held at Pittsburgh, Pennsylvania, on August 3, 1945. The Company and the Union appeared and participated. All parties 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. On November 15, 1945, pursuant to notice served upon all parties to the proceeding, the Congress of Industrial Organizations, herein called the CIO, the American Federation of Labor, herein called the AFL, the National Association of Manufacturers, herein called the N. A. M., and the Chamber of Commerce of the United States, herein called the C. of C., a hearing for the purpose of oral argument was held before the Board at Washington, D. C., in connection with the issue 1384 1385 of mail balloting of employees in the armed forces. The Company, the Union, the CIO, and the AFL appeared and participated.1 Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY South West Pennsylvania Pipe Lines, a Pennsylvania corporation, is engaged in the transportation of petroleum by means of pipe lines.

During the year 1944, the Company purchased equipment valued at approximately $10,000, of which in excess of 10 percent was shipped from points outside the Commonwealth of Pennsylvania. During the same period, the Company shipped oil valued at approximately $100,000, to points outside the Commonwealth of Pennsylvania.

The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act.

2. THE ORGANIZATION INVOLVED Oil Workers International Union is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company.

3. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit.

   A statement of a Field Examiner for the Board, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.2 We find that a question affecting, commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.

4. THE APPROPRIATE UNIT The Company and the Union agree that the Company's production and maintenance employees, with certain stipulated inclusions and L The N. A. M. and the C. of C. did not appear, but the former set forth in a letter to the Board its position concerning the issue which was the subject of the oral argument.

   SThe Field Examiner reported that the Union submitted 63 authorization cards bearing the names of 61 employees listed on the Company's pay roll of June 16, 1945, and that the cards were dated: 5 in December 1944, and 58 between April and June 1945. There are approximately 124 employees in the appropriate unit.

   exclusions, constitute an appropriate unit. There is some question, however, concerning the inclusion of gaugers and assistant working foremen.

   Gaugers: The Company employs approximately 14 gaugers who arrange for the transfer of oil from the tanks of producing companies to the Company's pipe lines. When a producer desires the Company to transport his oil, the gauger reports this fact to the district foreman, who...