Commonwealth Edison Co.

National Labor Relations Board - Board Decisions

Mar 20, 1945

60 N.L.R.B. 1365 (N.L.R.B. 1945)

In the Matter of COMMONWEALTH EDISON COMPANY and UTILITY
WORKERS UNION, INDEPENDENT
In the Matter Of COMMONWEALTH EDISON COMPANY and UTILITY
WORKERS UNION, INDEPENDENT
In the Matter of COMMONWEALTH EDISON COMPANY and INTERNA-
TIONAL BROTHERHOOD OF ELECTRICAL WORKERS, A. F. L.
Cases Nos. 13-R-2356,13-R4357, and 13-R-2618, respectively.-
Decided March 20, 1945
Messrs. Ralph R. Bradley and Roy A. Dingman, of Chicago, Ill.,
for the Company.
Mr. John F. Cusack, of Chicago, Ill., for the UWU.
Mr. J. C. McIntosh, of Chicago, Ill., for the IBEW.
[hiss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by Utility Workers Union, Inde-
pendent, herein called the UWU, and International Brotherhood of
Electrical Workers, A. F. L., herein called the IBEW, alleging that
questions affecting commerce had arisen concerning the representa-
tion of employees of Commonwealth Edison Company, Chicago, Illi-
nois, herein called the Company, the National Labor Relations Board
consolidated the cases and provided for an appropriate hearing upon
due notice before Robert R. Rissman, Trial Examiner. Said hear-
ing was held at Chicago, Illinois, on October 23, 24, 25, 26, 27, and
28, 1944. The Company, the UWU, and the IBEW 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 preVidicial error and are hereby affirmed. All
parties were afforded an, oppp)rtunity to file briefs with the Board.
Upon the entire record in the ^ase, the Board makes the following:
60 N. L. R. B, No 240.
1365
1366 DECISIONS OF NATIONAL LABOR RELAIivNS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Commonwealth Edison Company is an Illinois public utility cor-
poration with its principal office and properties in Chicago, Illinois,
where it is engaged in the production, purchase, transmission, dis-
tribution, and sale of electrical energy. The Company and its operat-
ing subsidiaries serve an area of approximately 11,000 square miles in
Chicago and environs, with an estimated population of 5,000,000. The
gross annual operating revenues of the Company for the years 1939,
1940, and 1941 were, respectively, $96,444,146. The Company serves
964,355 individuals, public and private corporations, and governmental
agencies, engaged in a variety of enterprises, including post offices,
court houses, customs houses, weather bureaus, a harbor light station,
a United States Government Naval Training School, the municipal
airport of the city of Chicago, the Illinois Bell Telephone Company,
the Western Union Telegraph Company and 6 railroad terminals in
Chicago which are used by 25 railroads engaged in the interstate move-
ment of passengers and freight. During 1940, the Company purchased
fuel, incandescent bulbs, motors, cable, tubing, switches, transformers,
and other materials and supplies valued at $28,602,000, of which
approximately 54 percent was shipped to the Company from points
outside the State of Illinois. The amount of purchases made and the
percentage of purchases shipped to the Company from points outside
the State of Illinois were substantially the same in 1941, as in 1940.
In 1940 the Company purchased electrical energy generated in Indiana
valued at $7,144,334. In 1941 the value of such purchases from the
same source totaled $6,835,530.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Utility Workers Union is an unaffiliated labor organization admit-
ting to membership employees of the Company.
International Brotherhood of Electrical Workers, affiliated with
the American Federation of Labor, is a labor - organization admitting
to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to grant recognition to either the UWU
or the IBEW as the exclusive bargaining representative of its em-
ployees until either organization has been certified by the Board in
appropriate units.
COMMONWEALTH EDISON COMPANY 1367
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the UWU and the IBEW represent a substantial
number of the Company's employees in the unit each contends is
appropriate.'
We find that questions affecting commerce have 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.
IV. THE APPROPRIATE UNITS; THE DETERMINATION OF REPRESENTATIVES
The parties are in agreement generally that all clerical employees
of the Company in Chicago, excluding confidential and supervisory
employees, and all technical employees of the Company in Chicago,
excluding supervisory employees, constitute separate appropriate
units. The Company and the IBEW agree that all senior operators
of the Company in its Substation Department should be included in
the unit for which the IBEW is now the certified bargaining repre-
sentative.2 The UWU takes no position with respect to the senior
operators. The parties are, however, in disagreement with respect
to the inclusion or exclusion of certain individual classifications and
groups of employees. These will be discussed below.
The Clerical Unit
The parties have agreed to the inclusion within the unit of all clas-
sifications on the "Employee Payroll" with the exception of those
listed on Appendices A and B,3 or hereinafter discussed; and to the
exclusion of all classifications on the "Management Payroll" with the
exception of those hereinafter discussed.4 With regard to the clas-
sifications listed on Appendices A and B, which are in dispute, the
' The Field Examiner reported that the UWU submitted 784 application for membership
cards (Case No 13-R-2356 ) in the clerical unit, of which 658 were dated between Novem-
ber and December 1942; January and June 1943 ; June and December 1943; and January
and March 1944. There are approximately 1,875 clerical employees In the unit the UWU
claims is appropriate.
The Field Examiner further reported that the UWU submitted 105 application for
membership cards ( Case No. 13-R-2357 ) In the technical unit, of which 33 were dated
between January and June 1943 ; July and December 1943; and January and June 1944.
There are approximately 336 technical employees in the unit the UWU claims is appro-
priate.
The Field Examiner further reported that the IBEW submitted 49 cards ( Case No.
13-R-2618 ), all of which are dated in April , May, June, and July 1944. There are
approximately 70 employees involved in the unit claimed appropriate by the IBEW.
2 Matter of Commonwealth Edison Cornpany , 56 N. L. R. B. 1297.
3 A further exception appears with respect to all classifications on the "Employee Pay-
roll" in the offices of the chairman , manager ( Industrial Relations Department ), presi-
dent, and attorney , which the parties have agreed, and we find, should be excluded from
the unit ; we shall exclude them.
4 The Company has divided all of Its employees into the two pay-roll classifications set
forth above ; the "Management Payroll" comprises all employees who the Company con-
siders to be supervisory or managerial ; the remaining non-supervisory and non-managerial
employees are listed on the "Employee Payroll."
1368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
UWU and the IBEW desire their inclusion in the unit, whereas the
Company contends that such classifications are confidential, and de-
sires their exclusion.
With respect to' the classifications set forth in Appendix A, which
the Company contends are confidential, the record discloses that they
do not engage in duties during the course of which they have access
to information relating directly to the problem of labor relations, and
in many instances are engaged in duties substantially the same as those
performed by other employees whom the parties have agreed should
be included. Accordingly, we shall include them in the unit.
The classifications set forth in Appendix B concerning which the
Company raises the same contention regarding their confidential
status, comprise employees engaged either as secretaries, clerks, or
assistants to department heads, or in duties relating directly to labor
relations or personnel matters. Accordingly, we find that they possess
a confidential status, and we shall exclude them from the unit.
The parties have agreed to exclude all classifications listed on the
Company's "Management Payroll" in the offices of the vice presi-
dents, secretary, and treasurer and assistant secretary of the Com-
pany. The Company would also exclude all classifications listed on
its "Employee Payroll" who act in a secretarial capacity or engage in
other duties in the normal course of which the employees in such
classifications obtain and have access to advance information relating
to labor relations. We shall exclude them.
In the Purchasing and Stores Department, the following classifi-
cations of employees listed on the management pay roll are in dis-
pute: buyer, expediter (Equipment), assistant traffic agent, inspector
(Salvage Division), and secretarial assistant (Purchasing and Stores
Department). The Company contends that all should be excluded
from the unit; the UWU would include them, and the IBEW would
also include all except the secretarial assistant with respect to which
it takes no position. The buyer negotiates for the purchase of sup-
plies, equipment, and services for the Company. The expediter
(Equipment) is responsible for carrying out assignments on behalf
of the Company which involve contact with manufacturers' plants
and assistance in coordinating the Company's and the manufacturers'
schedules with reference to the delivery and installation of mechanical
or electrical equipment. The assistant traffic agent classification in-
volves a high degree of independent judgment in the making of de-
cisions with respect to the routing and delivery by vendors and com-
mon carriers of purchases which have been made by the Company.
The inspector (Salvage Division) similarly exercises a high degree
of independent judgment in the supervision of the classification and
delivery of material and equipment to purchasers. The secretarial
COMMONWEALTH EDISON COMPANY 1369
assistant (Purchasing and Stores Department) is secretary to the
departmental manager, is in charge of all clerical operations in the
latter's office, and is responsible for the supervision of two or three
employees. It is apparent that the secretarial assistant is employed
in both a confidential and supervisory capacity, and we shall, there-
fore, exclude the employee in that classification. We are of the
opinion that the employees in the remaining classifications are in
the same position as those on the "Management Payroll" which the
parties have agreed to exclude because of their alliance to manage-
ment. We shall exclude them.
The parties have agreed to the exclusion of all employees on the
"Management Payroll" in the Employment and Records Division of
the Industrial Relations Department. The Company, however, would
also exclude all employees on the "Employee Payroll," whereas the
UWU and the IBEW desire their inclusion. This division is pri-
marily concerned with confidential personnel matters, and we shall,
therefore, exclude from the unit all employees working therein.5
The UWU contends that the clerical unit should include outside
sales and home service employees. The IBEW agrees with the UWU,
whereas the Company urges that these employees do not properly
form a part of such unit, and in the alternative, that they should con-
stitute a separate bargaining unit. The employees -in this group are
engaged in promotional and other types of sales work and the demon-
stration of electrical appliances. We are of the opinion that the duties
and interests of the employees in the Outside Sales force are sub-
stantially dissimilar to those of the employees in the clerical unit
hereinafter found appropriate, and consequently that they should
not be included in such unit. However, we are of the opinion that
they may function as a separate bargaining unit, and we so find.
The parties agree that all classifications on the "Employee Payroll"
(demonstrator appliances home service, district sales representative
classes B and C, home economics advisor, and home lighting. advisor
in the Electricity Sales Department, and merchandise sales repre-
sentative in the Merchandise Sales Department), and employees on
the "Management Payroll" in the classifications of advisor (Dealer
Cooperation) in the Dealer Cooperation Department, industrial de-
velopment representative, and lecturer (Home Service) in the Elec-
tricity Sales Department should be included, and that the remaining
classifications on the "Management Payroll" should be excluded, with
the exception of senior sales representative, and district sales repre-
sentative (Class A) in the Electricity Sales Department, concerning
which there is a dispute. The TJWU and the IBEW desire the inclu-
5 See Matter of The Babcock and Wilcox Company, 52 N L R B 901 ; Matter of New
England Shtipbuildinp Corporation , 51 N. L. R. B. 1101 ; Matter of St. Johns River Ship-
building Company, 52 N L R. B. 12.
1370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Sion of these two classifications, whereas the Company contends that
they should be excluded because of their close alliance to management.
Their duties differ from those of the employees in the classifications
of district sales representative (Classes B and C), whom the Com-
pany would include, only in that the former handle the accounts of
large customers, the latter handling the accounts of smaller customers.
Since these employees do not engage in any confidential or super-
visory duties, we shall include them in the unit.
The UWU desires the inclusion of restaurant employees in the
clerical unit; the IBEW agrees with the UWU. The Company,
however, raises the same contention as that raised by it regarding
the outside sales employees. The parties are in agreement that the
classifications •of manager (Lunchrooms), chef, supervisor (Lunch-
room-Central Service Building), and supervisor (Lunchroom-Edi-
son Building) be excluded from the unit. The non-supervisory
restaurant employees c engage in duties similar to those normally
engaged, in by such employees. We are of the opinion that their
duties and interests are substantially dissimilar to those, of the em-
ployees in the clerical unit hereinafter found appropriate, and con-
sequently that they- should not be included in such unit. However,
we are of the opinion that they may function as a separate bargaining
unit, and we so find.
The Technical Unit
With respect to the technical unit, the parties have agreed to include
in the unit all classifications on the "Employee Payroll" ; and to ex-
clude all classifications on the "Management Payroll" with the ex-
ception of those hereinafter discussed. The Company contends with
respect to the disputed classifications that they should be excluded
on the grounds that they are either supervisory or are closely allied
to management. The IBEW and the UWU contend to the contrary,
and urge their inclusion. `
The major classifications in dispute are engineers, assistant engi-
neers, engineers (Second Grade), and engineers (Class A, B, and C)
in the Engineering and other departments. Under general supervi-
sion the employees in these classifications perform engineering work
of all types and direct the work of other engineers assigned to assist
and perform related duties as, required. While some of these em-
ployees occasionally substitute for their regular supervisors in the
absence of the latter, and others occasionally direct the work of fel-
low engineers, there is no evidence to support a finding that they
9 Baker, bus girl, butcher, cashier (Lunchroom), checker, clerk (Grade B-Lunchroom),
cook , cook's helper, counter girl , dining room steward, kitchen helper ( Electricity Sales),
kitchen helper ( Industrial Relations ), salad girl , storeroom keeper ( Lunchroom), and
waitress.
COMMONWEALTH EDISON COMPANY 1371
regularly occupy a supervisory position within the Board's customary
definition thereof. We are of the opinion that the employees in the
above classifications should be included in the unit; we shall include
them.
In the Drafting Section of the Engineering Department the Com-
pany employs 51 draftsmen, whom the parties have agreed to include,
2 checking draftsmen (Records), 29 senior grade draftsmen (Plant),
and 10 supervising engineers (Drafting). The only dispute arises
with respect to the checking and senior grade draftsmen, in accord-
ance with the general contentions of the parties stated hereinabove.
While it appears that the supervising engineers engage in duties
which warrant their exclusion, the checking and senior grade drafts-
men do not perform duties warranting a finding that they are super-
visory as the Board defines that term; we shall, therefore, include the
checking and senior grade draftsmen, and exclude the supervising
engineers.
In the Line Installation Section of the Engineering Department the
Company employs two surveyors and one right-of-way agent. The
surveyors are responsible for surveying all land owned by the Com-
pany and land records, obtaining legal descriptions, etc. The right-
of-way agent procures permits and rights of way for lines which are
built on the property of other companies or across private property
and railroads. He negotiates permits and procures easements or
contracts for rental agreements. Since the above employees do not
possess supervisory duties, and, in our opinion, are not so closely
allied to management as to warrant their exclusion, we shall include
the surveyors and right-of-way agents in the unit.
The Company employs a civil engineer (Right-of-Way) in the
Super-Power Department (Chicago Office). This employee is respon-
sible for all surveys, establishes right-of-way boundaries, individually
checks completed lines, and checks all claims made by collectors in
connection with construction charges on certain transmisison lines.
His recommendations with respect to hire, discharge, and discipline
of the employees working under him is accorded effective considera-
tion. We find that he is a supervisory employee, and, as such, we
shall exclude him from the unit.
The Company employs six chemists. These employees engage in
making tests and analyses of various kinds. The record reveals
that they have no supervisory or other managerial functions. We
shall include them in the unit.
The Company employs four equipment inspectors and one assistant
equipment inspector who inspect equipment and material purchased
by the Company and make technical tests for the acceptance or rejec-
tion of such materials. Although the assistant equipment inspector
1372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
works under the supervision of the various equipment inspectors upon
assignment, the supervision thus occasioned does not appear to war-
rant a finding that the latter are supervisory employees. We shall
include the equipment inspectors and the assistant equipment inspec-
tor in the unit.
The Senior Operators,
The IBEW and the Company contend that the senior operators
properly constitute a part of the unit of employees of the Generating
Stations and Substations Departments for which the IBEW is the,
certified collective, bargaining representative. The UWU takes no
position. The substations operate on a 24-hour basis which necessi-
tates three shifts. Ordinarily the senior operator works alone on the
day shift. In some stations there is another operator on the shift,
and in those stations the senior operator and the operator both per-
form the same type of operating work, i. e., operation of rotary con-
verters, rectifiers, auxiliary equipment, etc. The senior operator
distributes the work, receives and transmits instructions from the su-
pervisory staff relative to the operation and maintenance of the substa-
tion and the training of employees, is responsible for the proper
execution of maintenance work and distributes such work among the
operators on other shifts; instructs and trains operating personnel
and sees that established operating procedures for the work of the
substations are followed, and prepares routine and written reports
pertaining to the operation and maintenance of the substation and
makes such immediate telephonic reports to the supervisory staff as may
be required. In its Decision of March 2, 1944, as amended on March
23, 1944,7 the Board found that senior operators (then designated as
chief operators) were in charge of the substation personnel and per-
formed management functions, and, accordingly, excluded them from
the unit. While the operational duties of these employees have not
changed substantially from those engaged in by them at the time of
the Board's decision, the record indicates that there have since been
material changes made affecting their status as representatives of
management. These changes were incorporated in memoranda issued
in June, August, and September 1944, by the Company to all em-
ployees of its Substation Department. In these statements the Com-
pany announced that chief operators -were not to be deemed super-
visory employees; that their titles were'to be changed from chief to
senior operators; that they had been removed from membership on
the examining,committee which examines and qualifies men for operat-
ing positions in the Substation Department, and that they were no
longer members of the committee on the quarterly examination of
7 Matter of Commonwealth Edison Company, 55 N L. R. B 465 ; 55 N L R B 732
COMMONWEALTH EDISON COMPANY 1373
substation operators since such examinations have been discontinued.
The record further reveals that senior operators do not have the
authority to hire, discharge, promote, or discipline other personnel in
their respective substations, or to recommend such action. We are of"
the opinion that the senior operators are not supervisory employees
and that they may properly constitute a part of the Generating Sta-
tions and Substations Departments unit, currently 'represented by the
IBEW. Accordingly, we shall permit the preference of the senior
operators to determine, in part, whether or not they shall be added
to such unit and to that end shall order an election. If at such elec-
tion these employees select the IBEW they will have thereby indicated
their desire to be included in a unit with the other Generating and
Substations Departments employees, and the IBEW may accordingly
bargain for them as part of such unit.
The Company desires the exclusion of the employee in the classifica-
tion of designer (Show Cards) listed on the "Management Payroll" in
the Advertising Department; the UWU contends that such employee
should be included in the technical unit; the IBEW generally desires
his inclusion, but takes no position as to whether he should be included
in the clerical unit or the technical unit. The employee is in charge
of the designing of all show card material that is used in the sales
groups of the Company. In normal times he has two employees who
work under his supervision, but who are presently in military service.
He does, however, supervise any employee who is loaned to him from
other departments. In view of the foregoing, and since his functions
in the department are apparently similar to those of other employees
on the "Management Payroll" whom the parties have agreed to exclude,
we shall exclude the designer (Show Cards) from both the clerical and
technical units.
The parties have agreed to include the classification of illustrator
(Construction) in the Construction Department-Safety and Training
Division; however, the UWU desires the inclusion of the only employee
in this classification in the technical unit; the IBEW takes no position,
and the Company desires his inclusion in the clerical unit. This
employee draws the pictures and sets up posters that the department
uses in its safety and training program. We are of the opinion that
this employee more properly belongs in the clerical unit. We shall
include him in that unit.
The parties are in agreement with respect to the inclusion of the
following classifications of employees in the Engineering Records
Division of the Engineering Department : clerk, Grade AA (Engineer-
ing), clerk, Grade A (Engineering), clerk, Grade B ,(Engineering),
clerk, Grade A (Photographic), photographer, and assistant photog-
rapher. The UWU, however, desires the inclusion of these classifica-
tions in the technical unit. The IBEW agrees with the UWU with
1374 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
respect to the classifications of photographer and assistant photog-
rapher; it takes no position concerning the others. The Company con-
tends that all of the classifications are properly a part of the clerical
unit. Although listed in the Engineering Department pay roll, the
photographer and assistant photographer take photographs and per-
form photographic work on requisition for all departments of the
Company. The employees in the other classifications engage in gen-
eral clerical work. Since there is no showing that the work of these
employees necessitates any of the technical qualifications required of
other employees in the Engineering Department who are hereinafter
included in the technical unit, or that their interests otherwise are more
closely aligned to the technical employees generally, we shall include
them in the clerical unit.
The UWU desires the inclusion of the classifications of nurse, princi-
pal nurse, technician (Medical), and technician, senior grade (Medi-
cal), in the Medical Division of the Industrial Relations Department in
the clerical unit. The IBEW also desires their inclusion, but makes
no contention as to whether they should be part of the clerical or
technical unit. The Company contends that the duties performed by
the employees in these classifications are confidential and that they
should, therefore, be excluded. The employees in the classifications of
nurse, and principal nurse are graduate nurses; they assist the doctor
employed by the Company in medical examinations, do a certain
amount of first aid work, take temperatures, etc. The employees in the
classifications of technician (Medical) take X-rays, and make various
laboratory tests, electrocardiographs, and report the results of those
tests. While we do not find that the foregoing employees enjoy a con-
fidential status, we are of the opinion that their duties and interests,are
dissimilar to those of either the clerical or technical employees, and we
shall, therefore, exclude them from, both of those units hereinafter
found appropriate.8
We find that the following units, excludi -ig all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action, are appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act :
(1) All clerical employees of the Company at Chicago, including
all employees on the "Employee Payroll"; the classifications of em-
ployees listed on Appendix A; employees in the classifications of illus-
trator (Construction), clerks Grade AA _(Engineering), Grade A
(Engineering), Grade B (Engineering), Grade A (Photographic), -
photographer and assistant photographer; but excluding all employees
on the "Management Payroll"; employees in the classifications listed
8 See Matter of Boston Edison Company, 51 N. L. R. B. 118.
COMMONWEALTH EDISON COMPANY 1375
on Appendix B ; all employees in the offices of the vice presidents,
secretary, and treasurer and assistant secretary of the Company; all
employees in the Employment and Records Division of the Industrial
Relations Department; employees in the classifications of buyer, expe-
diter (Equipment), assistant traffic agent, inspector (Salvage Divi-
sion), secretarial assistant (Purchasing and Stores Department), de-
signer (Show Cards), nurse, principal nurse, technician (Medical),
and technician senior grade (Medical) ; all employees in the offices
of the chairman, president, manager of Industrial Relations Depart-
ment, and attorney; and special investigators in the Revenue Protec-
tion Division of the Revenue Department.9
(2) All technical employees of the Company at Chicago, including
all employees on the "Employee Payroll"; employees on the "Man-
agement Payroll" in the general classifications of engineer,10 assistant
engineer, engineer (Second Grade), engineer (Class A, B, and C) ;
employees on the "Management Payroll" in the classifications of
checking draftsman (Records), senior grade draftsman (Plant), sur-
veyor, right-of-way agent, chemist, equipment inspector, and assist-
ant equipment inspector; but excluding the civil engineer (Right-of-
Way Chicago Office), all other employees on the "Management Pay-
roll," and employees in the classifications of nurse, principal nurse,
technician (Medical), and technician senior grade (Medical).
(3) All restaurant employees of the Company in the classifications
of baker, bus girl, butcher, cashier (Lunchroom), checker, clerk, Grade
B (Lunchroom), cook, cook's helper, counter girl, dining room stew-
ard, kitchen helper (Electricity Sales), kitchen helper (Industrial
Relations), salad girl, storeroom keeper (Lunchroom), and waitress,
excluding the classifications of manager (Lunchrooms), chef, super-
visor (Lunchroom-Central Service Building), and supervisor
(Lunchroom-Edison Building).
(4) All Outside Sales employees of the Company at Chicago, includ-
ing all employees on the "Employee Payroll"; employees on the "Man-
agement Payroll" in the classifications of senior sales representative,
district sales representative (Class A), industrial development repre-
sentative, and lecturer (Home Service) in the Electricity Sales Depart-
ment, but excluding all other employees on the "Management Payroll."
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
plgtyees in the several units set forth above, and among the senior op-
erators, who were employed during the pay-roll period immediately
'The parties agree, and we find, that the duties of these employees differ sufficiently from
those of the other employees in the clerical unit as to warrant their exclusion.
'°There are 2 employees , E. J. Duffett and Cornelius O'Connor, field engineers ( Conduit),
each of whom has a total of 25 omen under his supervision . The parties agree, and we
find, that they are supervisory employees, and, as such , shall be deemed excluded from
the unit.
13-16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
preceding the date of the Direction of Elections herein, subject to the
limitations and additions set forth in the Direction . Although. the,
record fails to indicate that the IBEW has a substantial interest
in the clerical and technical units herein found appropriate, since
no issue has been raised with respect thereto by any of the parties,
and since the IBEW is the bargaining representative of the remain-
ing employees of the Company , we shall accord it a place on the ballot.
A dispute exists as to the eligibility of certain employees. The
Company employs 31 regular part-time employees : 29 clerks, Grade
D, and messengers in the Mail and Information Department ; 1 service
clerk ( Lamp Renewals) in the Merchandise Sales Department; and
1 savings and loan assistant in the Industrial Relations Department.
They are regularly employed under the same conditions as are the
full-time regular employees and they have a substantial interest in
the selection of a bargaining representative . We shall permit such
employees to vote.
The Company employs 14 temporary part-time employees : 4 clerks,,
Grade D, in the Industrial Relations Department ; 8 in the Public
Relations Department in the classification of service sampler; 2 clerks,
,Grade C ( Junior Clerical ), and 2 stock ledger clerks in the Office
of the Assistant Secretary and Stock Transfer Department; 1 pay-
roll clerk ( Junior Grade) in the General Accounting Department;
1 comptometer operator in the Plant Records Department ; 1 clerk,
Grade D (Office Boy), in the Revenue Accounts Department; and 2
employees in the restaurant . With respect to these employees it
appears that their work is either of a sporadic and casual nature, or
that they have been hired to perform a temporary job. None of these
employees are accorded such' vacation , pension, or disability benefits
as accrue to those employees on the regular pay roll. We find that
such employees are ineligible to vote.
The classification of graduate student is carried on the pay roll of
the Training Division of the Industrial Relations Department.
Employees in such classifications while in training never engage in
production work such as is performed by other employees. Although
the Company has employed no employees in this classification for
the past 3 years, if there are any such employees on the Company's
pay roll as of the eligibility date they shall be deemed ineligible
to vote.
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 III, Section 9, of National - Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that , as part of the investigation to ascertain representa-
COMMONWEALTH EDISON COMPANY 1377
tives for the purposes of collective bargaining with Commonwealth
Edison Company , Chicago, Illinois , elections by secret ballot shall be
conducted as early as possible , but not later than sixty ( 60) days from
the date of this Direction , under the direction and supervision of the
Regional Director for the Thirteenth 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 Units ( 1), (2), (3), and (4), and among the senior
operators, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction , including employees who
did not work during said pay-roll period because they 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 those employees who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to the
date of the elections, to determine in Units (1), (2), (3), and (4),
whether they desire to be represented by Utility Workers Union (In-
dependent ), or by International Brotherhood of Electrical Workers
(AFL)," for the purposes of collective bargaining, or by neither; and
to determine in the senior operators ' group whether or not they desire
to be represented by International Brotherhood of Electrical Workers
(AFL), for the purposes of collective bargaining.
APPENDIX A
(Clerical)
Industrial Relations Department-Medical Division
Clerk, Grade A (Medical Records)
Clerk, Grade BB (Stenographic)
Clerk, Grade B (Medical Records)
Clerk, Grade B (Reception)
Clerk, Grade D (Office Boy)
Service and Repair Department
Clerk, Grade A (Personnel and Payroll)
Clerk, Grade AA (Departmental Statistics)
Clerk, Grade AA (Division Office, Service and Repair)
Principal Clerk, Departmental Statistics , Service and Repair
Generating Stations
Generating Station Clerk
O fice of Superintendent, Generating Stations
Generating Station Clerk
Transportation Department _
Clerk, Grade AA (Administrative Records)
The Unions requested to appear on the ballot in the manner set forth above.
628563-45-vol 60-88
1378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Construction Department-Clerical Division
Clerk, Grade AA (Job Cost Analysis)
Construction Budgets and Statistics Clerk , Senior Grade
Testing Department
Clerk, Grade A (Report and Correspondence Routing)
Clerk, Grade AA (Departmental Statistics)
Procedures Office '
Procedures Accountant, Junior Grade
Procedures Accountant ,- Semi-Senior Grade
Comptroller's O floe
Clerk, Grade C (Junior Clerical)
Recorder , Files and Archives
Staff Accountant , Junior Grade
Staff Accountant , Semi-Senior Grade
Staff Auditor, Junior Grade
Staff Auditor , Semi-Senior Grade
Vault and File Custodian
Accident Liability Department
Compensation Clerk
Industrial Relations Department-Employee Service Division
Clerk, Grade AA (Administrative Records)
Clerk, Grade C (Typing)
Clerk, Grade D (Office Boy)
Employee Service Clerk
Employee Service Clerk, Junior Grade
Savings and Loan Assistant
Power Accounts Department • '
Power Accounts Clerk, Senior Grade
Ideal Estate Department
Real Estate Records Clerk
General Accounting DepartmentAccounting Records Division
Budget and Cost Analyst
Function Analysis Clerk
General Ledger Accountant
General Accounting Department-Machine Accounting Division
Accounting Machine Analysis Clerk
Clerk, Grade C (Key Punching)
General Accounting Department-Payroll Accounting Division
Clerk, Grade A (Payroll Computing)
Payroll Control Clerk
Paymaster's Office
Payroll Clerk, Special
Service Annuity & Payroll Records Clerk
COMMONWEALTH EDISON COMPANY 13;9
Meter Department-Clerical Division ,
Clerk, Grade A (Personnel and Payroll)
Meter Department-Testing Division
Clerk, Grade A (Testing Division)
Electricity Sales Department
Clerk, Grade AA (Departmental Statistics)
Assistant Secretary and Stock-Transfer Department
Clerk, Grade BB (Stenographic)
Stock Transfer Clerk
Meter Department-Inspection and Reading Division
Clerk, Grade A (Meter Inspection Records)
Treasury Department-General Office
Clerk, Grade AA (Departmental Statistics)
Clerk, Grade CC (Stenographic) (excluding the one clerk who
performs confidential duties)
Purchasing and Stores Department
Clerk, Grade BB (Stenographic) (excluding the one clerk who
performs confidential duties)
APPENDIX B
(Clerical)
Engineering Department-Engineering Records Division
Clerk, Grade AA (Administrative Records)
Advertising Department
Clerk, Grade AA (Stenographic-Secretarial)
Purchasing and Stores Department
Clerk, Grade AA (Stenographic-Secretarial)
Service and Repair Department
Clerk, Grade BB (Stenographic)
Transportation Department
Staff Assistant, Transportation Department
Revenue Protection Department
Clerk, Grade A (Umnetered Current Records)
Clerk, Grade BB (Stenographic)
Merchandise Sales Department
Principal Clerk, Merchandise Sales Office
Construction Department-Clerical Division
Clerk, Grade A (Personnel and Payroll)
Clerk, Grade AA (Stenographic-Secretarial)
Principal Clerk, Personnel and Payroll, Construction
Comptroller's O ffiee
Clerk; Grade AA (Stenographic Secretarial )
Clerk, Grade BB (Stenographic)
Principal Clerk, Personnel Records
138() DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Mail and Information Department
Information Clerk, Senior Grade
Treasury Department-General Office
Clerk, Grade AA (Stenographic Secretarial)
Clerk, Grade BB (Stenographic)
Coal Officer's Office
Clerk, Grade AA (Stenographic-Secretarial)
Procedures Ogee _
Clerk, Grade AA (Stenographic-Secretarial)
Power Accounts Department
Clerk, Grade BB (Stenographic)
Real Estate Department
Clerk, Grade AA (Stenographic-Secretarial)
Statistical Research Department
Clerk, Grade AA (Stenographic-Secretarial)
General Accounting Department-Chief Accountant's Office
Clerk, Grade AA (Stenographic-Secretarial)
Plant Records Department
Clerk, Grade AA (Stenographic-Secretarial)
Chief Operating Engineer's Office
Clerk, Grade AA (Stenographic-Secretarial)
Substation Department
Clerk, Grade AA (Stenographic-Secretarial)
Super-Power Department (Chicago Office)-Construction Division
Clerk, Grade BB-(Stenographic)
Meter Department-Clerical Division
Clerk, Grade AA '(Administrative Records)
Meter Department-Superintendent's Office
Clerk, Grade AA (Departmental Statistics)
Meter Department-Testing Division
Clerk, Grade BB (Stenographic)
Meat Department-Wiring Inspection Division
Clerk, Grade BB (Stenographic)
Dealer Cooperation Department
Clerk, Grade AA (Stenographic-Secretarial)
Electricity Sales Department
Clerk, Grade AA ( Stenographic -Secretarial)
Meter Department-Inspection and Reading Division
Clerk, Grade BB (Stenographic)