Sprecher Drilling Corp., 1009 (1962)

In view of the foregoing, we find that the Intervenors' contract constitutes a bar to an election of representatives at this time s [The Board dismissed the petition.] G The contract has a termination date of June 20, 1963 Under the Board' s current contract-bar rules, petitions filed on or after May 1, 1962, will be held timely if filed not earlier than 90 days , and not later than 60 days , prior to the termination date See Leonard Wholesale Meats, Inc., 136 NLRB 1000.

Sprecher Drilling Corporation 1 and Millwrights and Machinery Erectors, Local Union No. 2834, AFL- CIO, Petitioner. Case No. 27-IBC-2278. November 15, 1962 DECISION AND DIRECTION OF ELECTION

Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, a hearing was held before F. T. Frisbey, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Leedom, Fanning, and Brown].

Upon the entire record in this case, the Board finds :

1. The Employer is engaged in commerce within the meaning of the Act.

2. The labor organization involved claims to represent certain employees of the Employer.

3. The Petitioner seeks to represent a unit of all drillers, motor men, derrick men, and floor men employed by the Employer in the State of Wyoming. The Employer is a Wyoming corporation engaged in the business of drilling oil wells for oil companies. With headquarters in Casper, Wyoming, it operates in an area covering six The name of the Employer appears as corrected at the hearing 2 The hearing officer referred to the Board the Employer 's motion to dismiss the petition on the following grounds: (1) The Employer ' s name was incorrectly stated on the petition ; ( 2) the petition does not comply with the Board 's Rules and Regulations because it is not sworn before a notary public or other authorized person, and does not contain a declaration by the person signing it under the penalties of the criminal code that its contents are true and correct to the best of his belief , ( 3) the Petitioner has not demonstrated a 30-percent showing of interest , and (4 ) there is not sufficient continuity and stability of employment to justify the finding of an appropriate unit As to ( 1) the error in the Employer ' s name was of a minor nature and was corrected at the hearing As to (2) the record shows that the petition did contain the necessary declaration that the contents were true and correct to the best of the knowledge and belief of the person signing it and that said petition was signed As to (3) the sufficiency of the Petitioner 's showing of interest is an administrative natter not subject to litigation . 0. D Jennings & Company, 68 NLRB 516 We are administratively satisfied that Petitioner ' s showing of interest is adequate Finally as to (4) we are finding , for reasons hereinafter set forth, an appropriate unit In view of the foregoing we find the Employer ' s contentions to be without merit. Accordingly , its motion to dismiss the petition is herewith denied 139 NLRB No. 79.

   States.' Most of its drilling is exploratory rather than developing existing oil basins so that its business is of a transitory nature. After completing a particular project it is not uncommon for a drilling rig to be moved to another area 50 or more miles away. Each project may involve more than one drilling rig and may last for several months. In its operations, the Employer employs a permanent nucleus of operating employees who travel With the rigs from area to area.4

   However, when starting a particular project, the Employer will hire most of its drilling crews from the local area, giving preference to former employees. Although employees thus hired...