Illinois Power Co.

National Labor Relations Board - Board Decisions

Feb 4, 1948

75 N.L.R.B. 1221 (N.L.R.B. 1948)

In the Matter of ILLINOIS POWER COMPANY and INTERNATIONAL
- ASSOCIATION OF MACHINISTS , DISTRICT No. 9
Case No. 14-R-1714.Decided February 4, 1948
Mr. John H. Mitchell, of Decatur, Ill., and Mr. C. A. Steinhauser, of
Belleville, Ill., for the Employer.
Mr. W. C. Riley, of St. Louis, Mo., for the Petitioner.
Mr. J. 0. Jones, of West Frankfort, Ill., and Mr. Roy Cameron,
of East St. Louis, Ill., for the Intervenor.
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held at Belle-
ville, Illinois, on July 30, 1947, before Harry G. Carlson, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Illinois Power Company, an Illinois corporation, is engaged in the
production, distribution, and sale of electric energy, gas, and water.
The Employer's operations cover approximately 441 communities and
extend over a considerable portion of the State of Illinois. During
the year 1946, the Employer sold and distributed approximately 189,-
266,400 kilowatt hours of electricity. During the same period its
operating revenue was approximately $22,629,343.1
The Employer admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
I The parties stipulated that the facts with respect to the extent and nature of the
Employer's operations are substantially the same as those stated in Matter of Illinois
Power Company, 70 N L. R B 1043.
75 N. L R. B., No. 140.
1221
1222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization claiming to represent
employees of the Employer.
International Brotherhood of Electrical Workers, Locals B-309
and B-702, herein jointly called the Intervenor, are labor organiza-
tions affiliated with the American Federation of Labor, claiming to
represent employees of the Employer.
III. TI 1E ALLEGED APPROPRIATE UNIT
The Petitioner seeks a unit consisting of all garage mechanics and
helpers including lead mechanics, employed at the Employer's Belle-
ville, Woodriver, and East St. Louis plants, but excluding all other
employees. The Intervenor contends that the only appropriate unit
is the comprehensive grouping of transmission and maintenance em-
ployees of the Employer's Southern Division, including the employees
sought herein, all of whom it currently represents under a contract 2
with the Employer. The Employer is in general agreement with the
position of the Intervenor, but asserts further, that in the event the
Board finds that garage mechanics may comprise a separate bargain-
ing unit, the appropriate unit should be system-wide.
The Employer's operations consist of an electric system which ex-
tends over a considerable portion of the State of Illinois and a gas
plant and distribution system located at East St. Louis. For ad-
ministrative purposes the system is divided into three Divisions: the
Northern, covering the territory along the Illinois River; the Central,
running from Jacksonville to Danville; and tlie-Southern, radiating
for approximately 100 miles from St. Lotus. Each Divsion is under
the supervision of a Division manager, and is further subdivided into
service areas under the direction of a Service Area Manager or District
Manager, who is responsible to the Division Manager. In addition,
each service area employs an Operating Superintendent, who is assisted
by an engineer and staff., The Southern Division, with which we are
herein concerned, includes the following six service areas: Granite
City (otherwise referred to as Woodriver), Belleville, Hillsboro,
Sparta, East St. Louis, and Mt. Vernon.'
2 The Intervenor contended that its contract with the Employed constitutes a bar to
a present determination of representatives However , the record discloses that the present
petition antedated the operatne date of the automatic renewal clause of this contract,
and therefore , would not operate as a bar to a current determination of representatives
Matter of lVestsnghouse Electric Col poration, 73 N L R B 1282 , Matter of Elder Manu-
factur i ng Company , 73 N L R B 230 , Matter of F S Lang Manufacturing Company,
66 N L R B 473 In any event, we are dismissing the petition for other reasons, as
hereinafter Stated
3 Anothei service area located at Eldorado has no garage
ILLINOIS POWER COMPANY 1223
The Employer employs approximately 45 garage mechanics through-
out its entire system, 14 of whom are employed in the Southern Divi-
sion. Of these 14 mechanics, the Petitioner seeks to represent only
6 who are employed at Belleville, Woodriver, and East St. Louis. The
record reveals that all the garage mechanics in the Southern Division,
including those sought by the Petitioner, are engaged in servicing and
repairing automotive equipment under the supervision of Operating
Superintendents in the respective service areas. The duties of all
these employees are similar and closely related and their employment
interests appear to be identical.
The record also discloses that the Intervenor has represented the
transmission and maintenance employees of the Southern Division,
including garage mechanics, under a joint contract with the Em-
ployer since 1923, and that employees with similar job classifications
in the Northern and Central Divisions are also represented on a di-
visional basis 4 It appears, therefore, that although collective bar-
gaining affecting the Employer's transmission and maintenance em-
ployees has been established along divisional lines, the unit, proposed
by the Petitioner is limited to garage mechanics employed in only
three of six service areas in the Southern Division, and does not follow
any pattern reflected in the Employer's operations.
Under all the circumstances, we are of the opinion that a unit re-
stricted to the garage mechanics employed at Belleville, Woodriver,
and East St. Louis, is too limited in scope to be appropriate for the
purposes of collective bargaining, and that the minimum unit should
be division-wide in scope.
We find, therefore, that no question exists concerning the represen-
tation of employees in an appropriate unit within the meaning of the
Act. Accordingly we shall dismiss the petition herein.
ORDER
Upon the basis of the foregoing findings of fact, and upon the en-
tire record in this proceeding, the National Labor Relations Board
hereby orders that the petition for investigation and certification of
representatives of employees of Illinois Power Company, Decatur,
Illinois, filed herein by International Association- of Machinists, Dis-
trict No. 9, be, and it hereby is, dismissed.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Order.
° The International Brotherhood of Electrical Workers, Local B-51, represents the
Employer 's transmission and maintenance employees in both the Northern and Central
Divisions.
5In view of our decision heren , we find it unnecessary , at this time , to consider the
question of whether garage mechanics may bargain collectively as a separate unit.