Consumers Power Co.

National Labor Relations Board - Board Decisions

Sep 12, 1940

27 N.L.R.B. 199 (N.L.R.B. 1940)

In the Matter of CONSUMERS POWER COMPANY and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 876
Case No. R-1004
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF RUN-OFF ELECTION
September 12,1940
On July 10, 1940, the National Labor Relations Board, herein called
the Board, issued a Supplemental Decision and Direction of Second
Election in this proceeding? A previous election held from January
10 to 13, 1939, was therein declared to be of no further effect,2 and the,
Regional Director for the Seventh Region, acting as agent for the
Board, and subject to National Labor Relations Board Rules and Reg-
ulations-Series 2, as amended, was directed to conduct an election by
secret ballot among all employees of Consumers Power Company,
herein called the Company, excluding general and assistant foremen,
plant supervisors, crew foremen, and other supervisory employees ex-
cept as expressly included below, office employees, office building jani-
tors and watchmen, collectors, connected load inspectors, electrical.
mechanical, and civil engineers, efficiency men and junior engineers,
draftsmen, surveyors, chemists, architects, temporary common labor-
ers hired for a specific job and for not more than 6 months, part-time
local service men and local service men who do not perform mechanical
work in the regular course of employment, and storekeepers with su-
pervisory powers who do not ordinarily do mechanical work, but in-
cluding load dispatchers, meter readers and bill distributors, plant
janitors and watchmen, and storekeepers other than those excluded
above, who were on the pay roll of the Company for the pay-roll
period next preceding the date of the Direction of Second Election, or
who were laid off by the Company during the 6 months preceding the
date of such pay roll after having worked for the Company for 8
1 25 N L R B 280.
O For previous steps in this proceeding , see 9 N. L. R B 742; 9 N L R B 751;
10 N L R. B. 780; 11 N. L. R. B. 848; 21 N. L. R B 90, 22 N L H B 726, 25
N. L. R. B. 280.
27 N. L. R.. B., No. 44.
199
200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
months, except those who had since quit or been discharged for cause,
to determine whether they desired to be represented by International
Brotherhood of Electrical Workers, Local 876, herein called I. B. E. W.,
or by Utility Workers Organizing Committee, herein called
U. W. O. C., for the purposes of collective bargaining, or by neither.
Pursuant to the said Direction of Second Election, the Regional
Director conducted an election by secret ballot from August 13 to 16,
1940. On August 26, the Regional Director issued and duly served on
the parties an Election Report. No objections to the conduct of the
ballot or the Election Report have been filed by any of the parties.,
As to the results of the ballot, the Regional Director reported as
follows :
(1) The first tally of the ballots showed the following :
Total number of employees eligible------------------------- 3,139
Total number of ballots cast------------------------------- 2, 724
Total number of votes for International Brotherhood of
Electrical Workers, Local 876---------------------------- 1, 003
Total number of votes for Utility Workers Organizing
Committee---------------------------------------------- 1,282
Total number of votes for neither-------------------------- 357
Total number of challenged ballots------------------------- 82
Total number of blank ballots----------------------------- 0
Total number of void ballots------------------------------- 0
(2) On August 26, 1940, the Company, I. B. E. W., and U. W. O. C.
agreed in writing that the 21 challenges submitted by U. W. O. C.
and the 27 challenges submitted by I. B. E. W. to votes cast in the
election be withdrawn. On the same day the 48 ballots, not previously
tallied to which challenges were thus withdrawn, were counted.
(3) As a result of counting the ballots from which challenges had
been withdrawn, the tally of the election'was as follows :
Total number of employees eligible------------------------- 3, 139
Total number of ballots cast------------------------------- 2,724
Total number of votes for International Brotherhood of
Electrical Workers, Local 876---------------------------- 1,020
Total number of votes for Utility Workers Organizing _
Committee --------------------------------------------- 1,302
Total number of votes for neither-- ------------------------ 368
Total number of challenged ballots------------------------- 34
Total number of blank ballots----------------------------- 0
Total number of void ballots------------------------------- 0
On September 10, 1940, I. B. E. W. and U. W. O. C.3 jointly peti-
tioned the Board to direct the holding of a run-off election among
the employees in the unit found appropriate by the Board to deter-
30n August 19, 1940, the Board ieceived a telegram from Harold J. Straub, National
Director of U. W . 0 C., requesting that the Board direct the holding- of a run -off election
among the employees of the Company.
CONSUMERS POWER COMPANY 261
mine whether they desire to be represented by I. B. E. W. or
U. W. O. C. for the purposes of collective bargaining, "in accord
with previous decisions of the National Labor Relations Board in
election proceedings of this type."
Both parties likewise requested that the question to be voted on be:
"Do you wish to be represented by Utility Workers Organizing
Committee, affiliated with the C. I. 0., or by International Brother-
hood of Electrical Workers, affiliated with the A. F. of L., as your
exclusive representative for the purposes of collective bargaining?"
In view of this request, we shall direct the holding of a run-off
election in the form agreed upon by the two labor organizations
involved. ,
SECOND DIRECTION OF RUN-OFF 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 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargaining
with Consumers Power Company, Jackson, Michigan, an election by
secret ballot shall be conducted as early as possible, but not later than
thirty (30) days from the date of this Second Direction of Run-Off
Election, under the direction and supervision of the Regional Director
for the Seventh Region, acting in this matter as agent of the National
Labor Relations Board, and pursuant to Article III, Section 9, of said
Rules and Regulations, among all the employees of the Company, ex-
cluding general and assistant foremen, plant supervisors, crew foremen,
and other supervisory employees except as expressly included below,
office employees, office building janitors and watchmen, collectors, con-
nected load inspectors, electrical, mechanical, and civil engineers, effi-
ciency men and junior engineers, draftsmen, surveyors, chemists, archi-
tects, temporary common laborers hired for a specific job and for not
more than 6 months, part-time local service men and local service men
who do not perform mechanical work in the regular course of employ-
ment, and storekeepers with supervisory powers who do not ordinarily
do mechanical work, but including load dispatchers, meter readers and
bill distributors, plant janitors and watchmen, and storekeepers other
than those excluded above, who were on the pay roll of the Company
for the pay-roll period immediately preceding July 10, 1940, or who
were laid off, by the Company during the 6 months preceding the date
of such pay roll after having worked for the Company for 8 months,
except those who have since quit or been discharged for cause, to deter-
mine whether they desire to be represented by International Brother-
202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hood of Electrical Workers, affiliated with the A. F. of L., or by Utility
Workers Organizing Committee, affiliated with the C. I. 0., as their
exclusive representative for the purposes of collective bargaining.
MR. WILLIAM M. LEISERSON, concurring.
In view of the agreement between the two labor organizations here
involved, as evidenced by their joint petition, I concur in the Second
Direction of Run-off Election above.
[SAME TITLE
CERTIFICATION OF REPRESENTATIVES
October 18, 1940
On September 12, 1940, the National Labor Relations Board, herein
called the Board, issued a Supplemental Decision and Second Direc-
tion of Run-off Election in this proceeding. Pursuant to the Second
Direction of Run-off Election, an election by secret ballot was con-
ducted from September 24 to 27, 1940, under the direction and super-
vision of the Regional Director for the Seventh Region (Detroit,
Michigan). On October 1, 1940, the Regional Director, acting pur-
suant 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 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------------------------------------ 3,127
'Total ballots cast----------------------------------------- 2,811
Total ballots challenged----------------------------------- 25
Total blank ballots_______________________________________ 20
Total void ballots----------------------------------------- 4
Total valid ballots cast------------------------------------ 2,762
Votes cast for International Brotherhood of Electrical
Workers Local 876, A. F L----------------------------- 1,399
Votes cast for Utility Workers Organizing Committee, C. I 0_ 1, 363
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended,
' For previous steps in this proceeding , see 9 N L R. B. 742; 9 N L R B. 751; 10
N. -L. R. B. 780; 11 N. L. R. B.,848; 21 N. L R B . 90 ; 22 N. L. R. B . 726 ; and 25
N. L. R. B. 280.
CONSUMERS POWER COMPANY 203
IT IS HEREBY CERTIFIED that International Brotherhood of Electrical
Workers, Local 876, has been designated and selected by a majority of
the employees of Consumers Power Company, Jackson, Michigan,
excluding general and assistant foremen, plant supervisors, crew fore-
men, and other supervisory employees except as expressly included
below, office employees, office-building janitors and watchmen, col-
lectors, connected-load inspectors, electrical, mechanical, and civil
engineers, efficiency men and junior engineers, draftsmen, surveyors,'
chemists, architects, temporary common laborers hired for a specific
job and for not more than 6 months, part-time local service men and
local service men who do not perform mechanical work in the regular
course of employment, and storekeepers with supervisory powers who
do not ordinarily do mechanical work, but including load dispatchers,
meter readers and bill distributors, plant janitors and watchmen, and
storekeepers other than those excluded above, as their representative
for the purposes of collective bargaining and that, pursuant to Sec-
tion 9 (a) of the National Labor Relations Act, International Broth-
erhood of Electrical Workers, Local 876, is the 'exclusive representa-
tive of all such employees for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other condi-
tions of employment.
'27 N. L. R. B., No. 44a.