Consumers Power Co.

National Labor Relations Board - Board Decisions

Sep 29, 1942

44 N.L.R.B. 626 (N.L.R.B. 1942)

In the Matter of CONSUMERS POWER COMPANY and UTILITY ` WORKERS
ORGANIZING COMMITTEE , C. I. O.
I
n the Matter , of CONSUMERS POWER COMPANY and INTERNATIONAL
- BROTHERHOOD OF ELECTRICAL WORKERS, A. F. OF L.
Cases Nos. R-4275 anad R-4076, respectvvely&.Decided September
-2971942
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Frank H. Bowen, for the Board.
Mr. M. W. Arthur, for the Company.
Mr. Herrman Chadwick, for the C. I. O.
Mr. Thomas N. Byle, for the A. F. of L.
Mr. Seymour J. Spelman, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Utility Workers
O,rganiziiig. Committee, affiliated with the Congress of Industrial Or-
ganizations, herein called the C. I. 0., and upon petition duly filed by
International Brotherhood of Electrical Workers, Local B-876, afFil-
iated with the American Federation of Labor, herein called the A. F.
of L., each alleging that a question affecting commerce had arisen
concerning the representation of employees of Consumers Power Com-
pany, Jackson, Michigan, herein called the Company, engaged in the
production, purchase, and distribution of electrical energy and gas,
water, steam heat, and electrical and gas appliances and byproducts,
the National Labor Relations Board provided for an appropriate
hearing upon due notice. On August 12, 1942, before, ,a; hearing was
held, the Company, the C. I. 0., the A. F. of L., and the Regional
Director for the Seventh Region (Detroit, Michigan), entered into a
"Stipulation for Certification of Representatives Upon Consent
Election."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on September 1, 2, and 3, inclusive, 1942, under the direction
44 N. L. R. B., No. 115.
626
CONSUMERS POWER COMPANY 627
and •supervisioy of the Regional Director, among all employees of the
Company except general and assistant general foremen,.plant super-
visors and other supervisory employees -(except as expressly included
below), office employees, office building janitors and watchmen, plant
watchmen, collectors, connected - load inspectors, electrical, mechani-
cal, and , civil engineers, efficiency men and junior engineers, drafts-
men, surveyors, chemists, architects, temporary employees 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
power who do not ordinarily do mechanical work, but including out-
side crew foremen, watchmen other than those excluded above, load
dispatchers,' meter readers and, bill.: distributors; , plant. janitors, and
storekeepers other than those excluded, above, to determine whether
they desire to be represented by the C. I. O. or by the A. F. of L.
for the purposes of collective bargaining, or by neither. On Septem-
ber 4, 1942, the Regional Director, issued and duly served on the par-
ties an Election Report on the balloting. 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---------------------------------- 2, 467
Total ballots cast----------------------------------------- 2,028
Total ballots challenged ----------------------------------- 15
Total blank ballots --------------------------------------- 1
Total void . ballots ---------------------------------------- 23
Total valid votes counted--------------------------------- 1,959
Votes cast for. Utility Workers Organizing Committee,
C. I. 0------------------------------------------------- 1,023
Votes cast for International Brotherhood of Electrical
Workers , Local Union No. B-876, A. F of L-------------- 881
Votes cast for neither----------------------------------- 85
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following:
FINDINGS OF FACT
1: A question affecting commerce has arisen concerning the repre-
sentation of employees' of"Consumers Power Company, Jackson,
Michigan, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act. .
2. All employees of the Company,, excluding general, and assist-
ant general foremen, plant supervisors and other supervisory em-
ployees (except as expressly included below), office employees, office
building janitors and watchmen, plant watchmen, collectors, con-
628 DECISIONS OF'NATIONAt' LABOR RELATIONS BOARD
netted ' load inspectors; electrical', mechanical, and civil engineers,
efficiency men and junior engineers, draftsmen, surveyors, chemists,
architects, temporary employees hired for a specific job and for not
more than 6 months, part-time local ser^,ice men and local service
men' who do not perform mechanical work in the regular course of
employment, and' storekeepers' with supervisory power who do not
ordinarily do mechanical work, but'including outside crew foremen';
watchmen other than those' excluded above, load dispatchers, meter
readers' and bill distributors, plant janitors, and storekeepers other
than those excluded above, constitute a. unit appropriate for the pur-'
poses of collective bargaining within the meaning of Section' 9 (b)
of the Act.
3. Utility Workers Organizing Committee, affiliated with the
C. I. 0., has been designated "'Ind selected by a nnajority' of the em-
ployees in the above unit as their representative for the purposes of
collective bargaining and-is-the exclusive 'representative of all em=
ployees in said unit within the meaning of Section '9 (a) of the Act,
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY CERTIFIED that Utility Workers Organizing Commit-
tee, affiliated with the C. I. 0., has been designated and selected by
a majority of all employees of Consumers Power Company, Jackson,
Michigan, excluding general and assistant general foremen, plant
supervisors and other supervisory employees (except as expressly in-
cluded below), office employees, office building janitors and watch-
men,' plant watchmen, collectors, connected load inspectors, elec-
trical, mechanical, and civil engineers, efficiency men and junior
engineers, draftsmen, surveyors, chemists, architects, temporary em-
ployees hired for a specific job and .for not more than 6 months,
part-time local service men and,-local service men who do not per-
form mechanical work in the regular course of employment, and
storekeepers with supervisory power 'who do not ordinarily do me-
chanical work, but including outside-crew foremen, watchmen other
than those excluded above, load dispatchers, meter readers and bill
distributors, plant janitors, and storekeepers other than those ex-
cluded above, as their representative 'for the purposes of 'collective
bargaining and that, pursuant to Section 9 ' (a) of the Act, Utility
Workers Organizing Committee, affiliated with the C. I. 0., is the
exclusive representative 'of such 'employees for the purposes of col-
lective bargaining with respect to rates of pay, wages, hours of
eniployinent, and other conditions of'einployment.