Iowa Southern Utilities Co.

National Labor Relations Board - Board Decisions

Sep 22, 1939

15 N.L.R.B. 580 (N.L.R.B. 1939)

In the Matter of IOWA SOUTHERN UTILITIES COMPANY and UTILITY
WORKERS ORGANIZING CoMMITTEE LOCAL 109, (C. I. 0.)
In the Matter of IOWA SOUTHERN UTILITIES COMPANY and UNION OF
EMPLOYEES OF THE IOWA SOUTHERN UTILITIES COMPANY
Cases Nos. P-1456 and R-14,57, respectively.Decided September
22, 1939
Electric , Motorbus , Gas, Railway Utility Industry-Jurisdiction: effect on
interstate commerce-Investigation of Representatives : controversy concerning
representation of employees : rival organizations ; controversy as to appropriate
unit; refusal to bargain by employer until settled-Unit Appropriate for Col-
lective Bargaining : production and maintenance employees throughout system ;
exclusion of supervisory , clerical , and office employees , working foremen, col-
lectors, accountants , bus-garage employees, streetlight servicers , casual labor ;
temporary employees included ; system -wide unit ; extent of organizations as
shown by election determinative of further action regarding district unit ;
mutuality of interest ; lack of uniformity in working conditions-Election
Ordered: eligibility of temporary employees limited ; pay -roll list furnished, for
purpose of , pursuant to agreement-Order: dismissing without prejudice peti-
tion for investigation of representatives filed by one union where no question
concerning representation has arisen within the unit claimed tq be appropriate.
Mr. Lester Asher, for the Board.
Mr. John J. Brownlee, of Chicago, Ill., for the U. W. O. C.
Mr. Joseph E. Cherry, of Ottumwa, Iowa, and Mr. Robert J. Shaw,
of Sigourney, Iowa, for the Independent.
Mr. John Connally, Jr., of Des Moines , Iowa, for the Brotherhood.
Mr. Ben P. Poor, of Burlington, Iowa, for the Company.
Mr. Stanley D. Metzger, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
On February 10, 1939, Utility Workers Organizing Committee,
Local 109, herein called the U. W. O. C., filed with the Regional
Director for the Eighteenth Region (Minneapolis, Minnesota), a
15 N. L. R. B., No. 62.
580
IOWA SOUTHERN UTILITIES COMPANY 581
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Iowa Southern Utilities
Company, Centerville, Iowa, herein called the Company, at its Bur-
lington, Iowa, District, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On March
20, 1939, Union of Employees of the Iowa Southern Utilities Com-
pany, herein called the Independent, filed with the Regional Director
for the Eighteenth Region (Minneapolis, Minnesota), a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of the Company, and requesting an in-
vestigation and certification of representatives pursuant to Section
9 (c) of the Act. On April 22, 1939, the National Labor Relations
Board, herein. called the Board, acting pursuant to Section 9 (c) of
the Act, and Article III, Section 3, of National Labor Relations
Board Rules and Regulations-Series 1, as amended, ordered an
investigation with respect to each petition, and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice, and further ordered that, for the purposes
of hearing, the cases be consolidated and that one record of the hear-
ing be made.
On July 22, 1939, the Regional Director issued a notice of consoli-
dated hearing, copies of which were duly served upon the Company,
upon the U. W. O. C., upon the Independent, and upon the Inter-
national Brotherhood of Electrical Workers, Local 347, herein called
the Brotherhood, a labor organization claiming to represent employ-
ees directly affected by the investigation. Pursuant to notice, a hear-
ing was held on July 31, August 1 and 2, 1939, at Burlington, Iowa,
before Gustaf B. Erickson, the Trial Examiner duly designated by
the Board. The Board, the Company, the U. W. O. C., the Inde-
pendent, and the Brotherhood were represented by counsel and
participated in the hearing. The Company appeared specially, deny-
ing that the Board has jurisdiction over the Company or its opera-
tions. A motion to intervene, filed by the Brotherhood, was granted
by the Trial Examiner. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues was afforded all parties. During the course of the hear-
ing, the Trial Examiner made several rulings on motions and on
objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.
199549-39-vol. 15-38
582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Iowa Southern Utilities Company is a Delaware corporation and
has its main office in Centerville, Iowa. It owns and operates a public
utilities system covering 24 counties in southern and southeastern
Iowa.
The principal business of the Company consists in the production,
transmission, distribution, and sale of electrical energy for light,
heat, and power purposes. An interconnected electrical transmission
and distribution system furnishes power to 130 communities at retail,
and to 7 communities at wholesale, comprising a population of ap-
proximately 170,000 persons. For this purpose, the Company has
1,650 miles of transmission lines, and 120 miles of high-tension lines.
In connection with this power system, the Company has electric cur-
rent generating plants at Ottumwa and Centerville, and smaller
standby plants at Grinnell, Washington, and Creston, Iowa. It also
has a frequency changer station at Burlington, where electrical energy
received from the Keokuk dam of the Mississippi River Power Com-
pany is transformed.
The Company sells electrical energy to the Great Lakes Pipe Line
Company, which pipes oil from points outside Iowa, through Iowa,
to destinations outside Iowa; to Western Union, Postal Telegraph,
Northwestern Bell Telephone, and 10 independent telephone systems;
to United States post offices, Civilian Conservation Corps camps,
Chicago, Burlington, and Quincy Railway, Minneapolis and St. Louis
Railway, and Chicago, Milwaukee, and St. Paul Railway, for lighting
purposes. It sells electrical energy to the McArthur Bridge, which
spans the Mississippi River from Burlington, Iowa, to Gulfport, Illi-
nois, for lighting purposes, and sells the power which operates the
turn-bridge of the Chicago, Burlington and Quincy Railway at the
same place. The Company furnishes power to U. S. Dam #18, which
maintains a 9-foot channel in the Mississippi River. The Company
furnishes all the power of the American Utilities Company which sells
this power to a radio-beacon station. The Company sells power to the
Burlington Municipal Airport, and the Burlington City docks in the
Mississippi River. In addition, the Company sells power to many
industries within its system, a large proportion of whose products
are shipped outside Iowa.
To implement its electrical system, the Company procured during
1938, transformers, turbines, and other large equipment, copper wire,
IOWA SOUTHERN UTILITIES COMPANY 583
and poles of the value of over $200,000, from outside Iowa. In con-
nection with the electric system, the Company purchases and resells
gas and electrical appliances. In 1938, most of the appliances pur-
chased, of the value of $340,000, were procured outside Iowa.
The Company owns and operates as incident to its power business,
a 29-mile electric railway, which connects with 5 trunk railways
(those above mentioned and the Chicago, Rock Island, and Pacific
Railway, and the Wabash Railway), and which acts as an interme-
diate freight carrier from those railways to Centerville, Albia, and
Mystic, Iowa. The locomotive and freight cars on this railway were
procured outside Iowa. The Company owns and operates a bus-
transportation system in Burlington and Ottumwa, Iowa; the busses
on this system were manufactured outside Iowa. In addition, the
Company manufactures, distributes, and sells artificial gas in 7 cities,
and generates, distributes, and sells steam for heat in 3 cities in Iowa.
All of the generator coal, coke, and gas oil used to operate these
systems is procured from outside Iowa.
The business of the Company is carried on through 15 districts op-
erating under the general supervision of the main office at Centerville :
Centerville, Corydon, Leon, Mt. Ayi, Creston, Chariton, Osceola,
Lamoni, Newton, Grinnel, Ottumwa, Burlington, Sigourney, Wash-
ington, and Mt. Pleasant. The Company employs approximately
700 people.
H. THE ORGANIZATIONS INVOLVED
Utility Workers Organizing Committee, Local 109, is a labor organ-
ization affiliated with the Congress of Industrial Organizations,
admitting to its membership all production and maintenance em-
ployees of the Company in its Burlington district, excluding office
workers and clerical and supervisory employees and railway and bus-
transportation employees.
Union of Employees of the Iowa Southern Utilities Company, is
an unaffiliated labor organization, admitting to its membership all
employees of the Company, excluding officers of the Company, man-
agers or foremen in whose position inheres the right to employ or
discharge employees or issue an executive order affecting the working
conditions, wages, and hours of employment, and railway employees
and bus operators.
International Brotherhood of Electrical Workers, Local 347, is a
labor organization affiliated with the American Federation of Labor,
admitting to its membership all production and maintenance em-
ployees of the Company, excluding office workers and clerical and
supervisory employees and railway and bus-transportation employees.
584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
The U. W. O. C. requested the district manager of the Company. at
its Burlington district by letter on January 16, 1939, for recognition
as bargaining agent of the employees of the Company, and an inter-
view. On January 21, 1939, representatives of U. W. O. C. and the
district manager met, and the U. W. O. C. presented a contract cover-
ing the employees at the Burlington district, which was taken under
advisement. About 10 days later, at a second conference, the district
manager informed the U. W. O. C. that the Company could not enter
into a contract. The evidence indicates that at the second conference,,
the district manager asked the U. W. O. C. to be certified as collective
bargaining agent by the Board.
The Independent, through an official, sought recognition as exclu-
sive bargaining agent for the Company's employees, in an interview
on March 17, 1939, with the general manager of the Company at
Centerville. The Company informed the Independent by letter on
March 17, 1939, that the Independent must be certified by the Board
before the Company would deal with it.
The Brotherhood, through a representative, likewise was so in-
formed by the Company.
An official of the Company testified that the policy of the Com-
pany now is, and since January 1,, 1939, has been, that it will not
bargain collectively with a labor organization until it is certified as
collective bargaining agent for the employees of the Company by the
Board.
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the, question concerning representation which has
arisen, occurring in connection with the operations of the . Company
described in Section I above, has a close, intimate , and substantial
relation to trade, traffic , and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
A. System-wide wnit
The Independent and the Brotherhood desire as the unit appropri-
ate for the purposes of collective bargaining employees throughout
the system of the Company ' within certain classifications. The
U. W. O. C. desires the employees in the Burlington district of the
Company within certain classifications as the appropriate unit.
IOWA SOUTHERN UTILITIES COMPANY 585
The Company, for operating purposes, is divided into 15 districts,
,each under a district manager. General policy, large-scale purchas-
ing, and important construction and repair work are centralized in
the home office. Pay rolls are prepared in the district offices, but
are sent to the home office for audit, whence checks are issued. The
district manager has autonomy regarding incidental repair and main-
tenance work, the billing of customers within his district, and the
hiring and firing of employees, the latter subject to the approval of
the home office. The record shows that this approval is rarely with-
held. The record shows that there is no interchange of employees
between districts except in emergencies, and further, there is no uni-
formity of wage rates or manner of payment in the various districts
within the same classifications. However, the record indicates that
there are differences in wage rates and manner of payment within
the Burlington district as well. Lack of uniformity is also shown
regarding vacations, holidays with pay, and hours of. work. Griev-
ances are handled locally by the district managers.
There is no history of collective bargaining in the operations of
the Company. Two labor contracts, with the. bus operators of
Ottumwa and Burlington, are the only exception. The Independent
And the Brotherhood claim to represent substantial numbers of em=
ployees throughout the system. The U. W. O. C. chartered two locals
outside the Burlington district, but the evidence indicates they were
unsuccessful in their organizing efforts. Twenty-seven members of
the U. W. O. C. in the Burlington district desire the district as the
twit. An official of the U. W. O. C. testified that he doesn't believe
"the rest of the system is ready for unionization," but that if the
system unit was possible it would be "all right." A member of the
U. W. O. C. in the Burlington district testified that organization in
a system unit would be "a. better thing for the employees," but that
it could not be done at the present time.
The Company has taken no position on this question of unit, but
un official of the Company testified that a system unit would be
more convenient for the purposes of collective bargaining.
It would appear, from the foregoing that the Company, within the
limitations set forth, operates as a unit, both regarding general pol-
icy, and the technical conduct of its power and allied business. On
the other hand, the lack of uniformity with regard- to the funda-
mental conditions of employment indicates that a single-district unit
might be appropriate.
Under these circumstances, we find that the employees of the
Company, in the classifications as set forth below, in the entire system
of the Company's operations, constitute a unit appropriate for the
purposes of collective bargaining, and that said unit will insure to
employees of the Company the full benefit of their right to self-
586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
organization and to collective bargaining and otherwise effectuate
the policies of the Act. We will, therefore, dismiss the petition for
investigation and certification of representatives filed by the U. W.
0. C., If it appears, however, as a result of the election hereinafter
ordered, on the basis of a system-wide unit, that organization has not
proceeded sufficiently throughout the system, we will then further
consider the appropriateness of the district unit, de novo under the
procedure of the Act.
B. Classification of employees
The Company takes no position as to the inclusion or exclusion of
classifications of employees within the appropriate unit.
The U. W. 0. C., the Independent, and the Brotherhood admit to
membership all production and maintenance employees of the Com-
pany excluding officials of the Company, managers and foremen in
whose position inheres the right to employ or discharge employees
or issue an executive order affecting the conditions of employment,
and railway crews and bus operators,2 and casual laborers.
We will, therefore, exclude from the appropriate unit all officials
of the Company, railway employees and bus operators, and managers
and foremen in whose position inheres the right to employ or dis-
charge employees or issue an executive order affecting the conditions
of employment, and casual laborers.
The U. W. 0. C., the Independent, and the Brotherhood desire
the inclusion within the • appropriate unit of "temporary" employees
within the classification herein included within the appropriate unit,
who have-worked a total of 350 hours or more from January 1, 1939,
to July 15, 1939. The Company makes no objection. We will there-
'See Matter of Tennessee Electric Power Company and International Brotherhood of
Electrical Workers, 7 N. L. R. B. 24.
' All the unions are agreed as to the exclusion of : executives, district managers , district
superintendent, plant superintendent, Commercial manager, Service manager, Distributive
Engineer, Engineer in General, Engineer (general construction department), Chief Engineer,
District Engineer, chief gas maker, attendant, streetlight employees, Service of street lights,
line and service department (bill deliverer), Sigourney, (only w. G. Shafer). We shall,
therefore, exclude these employees from the appropriate unit.
All the unions are agreed as to the inclusion, except where under Bus Garage department
at Ottumwa or at Burlington, of: electrician, electrician's helper, assistant electrician,
lineman, lineman's helper, line helper, tree trimming, groundman, groundman and lineman,
truck driver, truck driver and lineman, heat maintenance, college heating, mechanic, ma-
chinist, machinists' helper, coal handler, maintenance men, repairman, substation operator,
engineer and maintenance work, engineer (except in general construction department), oper-
ating engineer, assistant engineer, carpenter, fireman, fireman's helper, second fireman,
head fireman, laborer, helper (including helper-bus barn, meter department, Centerville),
helper in shop, metier reader, meter reader and repairman, meter reader helper, meter reader
and storekeeper, meterman, meter -repairman, meter reader and electrician, meter reader
and serviceman, c'rderman, garage mechanic (except in bus garage at Burlington and
Ottumwa), gas ms .ker, gas maintenance, gas service man, gas maker's helper, gas maker
and meter reader, coal helper, pipe fitter, serviceman, service and wireman. We shall,
therefore, include these employees within the appropriate unit.
IOWA SOUTHERN UTILITIES COMPANY 587
fore include employees, within the classifications herein included
within the appropriate unit, who have worked a total of 350 hours or
more from January 1 to July 15, 1939, within the appropriate unit.
The classifications and individuals in dispute are :
1. Clerical and Ogee Employees: The U. W. O. C. and the Brother-
hood desire their exclusion ; the Independent desires them included
within the unit. In accordance with our usual rule, for the reason
that the nature of the work performed by these employees, and the
character of their duties and training, distinguish them from the
production and maintenance employees of the Company, we will ex-
clude clerical and office workers from the appropriate unit.
2. Local Managers: The U. W. O. C. and the Brotherhood desire
their exclusion ; the Independent desires some of them included with-
in the unit. Most managers are excluded by the agreement. There
is evidence that some of the managers do manual and repair work,
but there is also evidence that they are the representatives of the
Company in contact with the public in their localities, that they do
clerical work, can hire and discharge casual labor, and supervise the
work of employees under them. We see, in the light of the foregoing,
no sufficient reason why they should be included, and therefore will
exclude all local managers from the appropriate unit.
3. Collectors: The U. W. O. C., and the Brotherhood desire their
exclusion from the unit on the ground that they are clerical workers;
the Independent desires the inclusion of those who are full-time col-
lectors. In view of the desires of two of the contesting unions, and
the fact that the duties of collectors are in part, at least, clerical, we
will exclude all collectors, including the combined meter reader and
collector at Osceola, from the appropriate unit.
4. District Accountants: J1l three unions are in agreement in their
desire to exclude district accountants from the appropriate unit, ex-
cept that the Independent desires the inclusion of three district ac-
countants. The record shows that district accountants do clerical
work, some sales work and no outside' or manual labor. We' will,
therefore, exclude all district accountants from the appropriate unit.
5. Superintenlents: All three unions are in agreement in their
desire to exclude superintendents from the appropriate unit, except
that the Independent and the Brotherhood desire the inclusion of
two : the superintendent of the meter and service department, Ot-
tumwa, and the superintendent of the steam-heat department, Ot-
tumwa. There is an absence of any evidence on the number of em-
ployees working under these men, or the nature of the supervisory
powers exercised by these superintendents. We will, therefore, ex-
clude all superintendents from the appropriate unit.
6. Foremen: All three unions are in agreement in their desire to
exclude those foremen in whose position inheres the right to hire and
588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
discharge or issue an executive order affecting conditions of em-
ployment. There is sharp dispute, however, over "working" fore-
men. The Independent and the Brotherhood wish them included in,
the U. W. O. C. desires them excluded from, the appropriate unit.
An official of the Company testified that a "working" foreman is the
head of a department, or "gang," with approximately five men work-
ing under him, to whom he gives orders as to their duties which he
has received from the manager above him. These. foremen work
with the men, but also make reports on the work of the men to their
immediate supervisors. They have no right to issue executive orders
affecting employment, but they have the right' to hire casual labor
in emergencies. The U. W. O. C. desires them excluded because their
work is of a supervisory character. The Brotherhood and the Inde-
pendent claim that, although vested with certain responsibilities, the
interests of these foremen are more closely allied to the men working
under them than to the management.
The record discloses that these "working" foremen have some duties
of -a supervisory nature, as above noted. This fact, in conjunction
with the desire of one contesting union, and the absence, hitherto, of
collective bargaining within the operations of the Company, leads us
to exclude all foremen.
7. Storekeepers: All three unions are in agreement in their desire
to include storekeepers in the appropriate unit, except that the
U. W. O. C. wishes to exclude the storekeeper of the meter and
service department, Centerville. There is evidence that his duties vary
somewhat from other storekeepers in that material is stored in Cen-
terville and shipped to various districts. However, the evidence
discloses no other particular which distinguishes his work from the
other storekeepers, on whose inclusion all the unions agree; hence, no
reason appears why he should not be included. We shall, therefore,
include all storekeepers within the appropriate unit.
8. Bus Garage Employees at Ottumwa and Burlington: With the
exception of the bus-garage janitor at Burlington, the U. W. O. C.
and the Brotherhood desire the exclusion of all bus-garage employees
at Ottumwa and Burlington. The Independent wishes the inclusion
of all but the janitor. The Brotherhood wishes the janitor excluded;
the U. W. O. C. wishes him included.
The U. W. O. C. and the Brotherhood claim that the bus-garage
employees properly belong in a unit with the bus operators, with
whom the Company has two contracts.3 The Independent feels that
these men should not be deprived of representation at present. The
nature of the duties of the bus-garage employees, their separateness
8 These contracts do not include bus-garage employees.
IOWA SOUTHERN UTILITIES COMPANY 589
from the production and maintenance employees in the other enter-
prises of the Company, and the fact that the Company regards its
bus-transportation system as distinct from its power system, as evi-
denced by the existence of separate contracts with bus operators, im-
presses us with the mutuality of interest between the bus-garage em-
ployees and the bus operators, and conversely, of their separateness
from the production and maintenance employees of the Company's
power and gas system. We shall, therefore, exclude all bus-garage
employees from the appropriate unit.
There is evidence that the janitor of the bus garage at Burlington
has the duties of a fireman. This, however, in no way affects the
reasons set forth for the exclusion of the other bus-garage employees,
We shall, therefore, also exclude the janitor from the appropriate
unit.
9. Janitors: All three unions are in agreement, in their desire to
include within the appropriate unit full-time janitors in the meter
and service departments, and in the exclusion of part-time janitresses.
There is evidence that the full-time janitors spend some time at meter
and service work. We shall, therefore, include all full-time janitors.
in the meter and service departments, within the appropriate unit,,
and exclude therefrom part-time janitresses.
The unions are in dispute as to the office janitor at Creston.
The U. W. 0. C. and the Brotherhood desire him excluded from,
the Independent included in, the appropriate unit. There is an
absence of any evidence showing why his duties should exclude him
from the appropriate unit. We shall, therefore, include the office
janitor at Creston within the appropriate unit.
10. Individual Disputes:
(a) Material and stock clerk, office, Centerville : The U. W. 0. C_
and the Brotherhood desire his exclusion; the Independent his inclu-
sion. The record shows that he is "strictly a clerical worker." We
shall, therefore, exclude the material and stock clerk, office, Center-
ville, from the appropriate unit.
(b) Head electrician, new business and merchandise department,,
Washington : the record discloses that he "heads up the repair shop"
at Washington. As a supervisory employee, we shall, therefore,,
exclude the head electrician, new business and merchandise depart-
ment, Washington, from the appropriate unit.
(c) Helper at Lorimer: the record discloses that there are two men
in the electrical department at Lorimer, with a variety of duties.
There is no evidence indicating why the U. W. 0. C. desires his
exclusion. We shall, therefore, include the helper at Lorimer within
the appropriate unit.
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(d) Laborer , gas-distribution . department , Burlington-F. L:
Fehseke : there is evidence that he repairs mains and gas service on
the street . The only contrary evidence is the statement by a wit-
ness for the U. W. O. C. that he has supervisory authority; this
witness did not know that Fehseke was listed as a laborer , nor did
he know the nature of the alleged supervisory duties of Fehseke.
We shall, therefore , include F. L. Fehseke , laborer, gas-distribution
department, Burlington, within the appropriate unit.
(e) Serviceman , Morning Sun-E. J. Rasmus: the record is barren
on_E. J . Rasmus. There being no evidence why a serviceman should
not be included , we shall , therefore , include the serviceman, Morn-
ing Sun, within the appropriate unit.
We find that the production and maintenance employees of the
Company throughout its system, including temporary employees
who have worked a total of 350 hours or more from January 1, 1939,
to July 15, 1939, and excluding casual labor, officials, supervisory
employees , clerical and office workers , managers , local managers, col-
lectors, the meter reader and collector , Osceola (L. L. Linder), all
foremen, all bus-garage employees at Burlington and Ottumwa, rail-
way-department employees , district accountants , all superintendents,
part-time janitresses , chief engineers , engineers in the general con-
struction department , engineer in general , chief engineer , district
engineers , chief gas makers, distributive engineers , attendant , street-
light employees , servicers of street lights, head electrician of the
new business and merchandise department at Washington , line and
service department employee at Sigourney (W. G. Shafer ), material
and stock clerk in the office at Centerville , and temporary employees
who worked less than 350 hours from January 1, 1939, to July 15,
1939, constitute a unit appropriate for purposes of collective bar-
gaining, and that said unit will insure to employees of the Company
the full benefit of their right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF 0 REPRESENTATIVES
The U. W. O. C. submitted proof, by testimony , of 27 members
out of approximately 36 within the classifications of the appropriate
unit herein found , in the Burlington district of the Company. It
claims a substantial number of employees throughout the system.
The Independent claims 324 members throughout the system , but has
submitted no proof of this claim . The Company employs approxi-
mately 700 men of whom approximately 295 are within the classifi-
cations of the appropriate unit herein found. The Brotherhood
claims a. substantial number of members throughout the system. In
view of the doubts and uncertainty surrounding the conflicting
IOWA SOUTHERN UTILITIES COMPANY 591
claims of the rival labor organizations, we find that the question
which has arisen concerning representation of employees of the Com-
pany can best be resolved by holding an election by secret ballot.
The Independent and the Brotherhood agreed in the use of the
pay roll for July 15, 1939, for the determination of eligibility of
employees to vote in the election. The U. W. O: C. took no position.
The parties refrained from putting in evidence upon which the
Board could properly determine the eligibility of "temporary" em-
ployees as of a later date; the record shows that fluctuation in
employment was not expected "within the next few months." Ac-
cordingly, we find that those eligible to vote in the election shall be
the employees, in the unit herein 'found appropriate, on 'the Com-
pany's pay roll of 'July 15, 1939, including * those employees who
were ill or on vacation. Those who have since quit or have been
discharged for cause shall be excluded.
Upon the basis of the above findings of fact and upon the entire
record in this case, the Board makes the " following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Iowa Southern Utilities Company, Center-
ville, Iowa, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. The production and maintenance employees of the Company
throughout its system, including temporary employees who have
worked a total of 350 hours or more from January 1, 1939, to July 15,
1939, and excluding casual labor, officials, supervisory employees,
clerical and office workers, managers, local managers, collectors, the
combined meter reader and collector at Osceola (L. L. Linder), all
foremen, all bus-garage employees at Burlington and Ottumwa, rail-
way-department employees, district accountants, all superintendents,
part-time janitresses, chief engineers, engineers in the general con-
struction department, engineer in general, district engineers, chief
gas makers, distributive engineers, attendant, streetlight employees,
servicers of, street lights, head electrician of the new business and
merchandise department at Washington, line and service department
employee at Sigourney (W. G. Shafer), material and stock clerk in
the office at Centerville, and temporary employees who worked less
than 350 hours from January 1, 1939, to July 15, 1939, constitute a
unit appropriate for purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
3. No question concerning the representation of employees of the
Iowa Southern Utilities Company, Centerville, Iowa, within the
unit claimed to be appropriate by Utility Workers Organizing Com-
592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mittee, Local .109, affiliated with the Congress of Industrial Organi-
zations, exists within the meaning of Section 9 (c) of the National
Labor Relations Act.
DIRECTION OF ELECTION
AND
ORDER
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, it is hereby
DIRECTED that, as * part of the investigation ordered by the
Board to ascertain representatives for the purposes of collec-
tive bargaining with Iowa Southern Utilities Company, Center-
ville, Iowa, an election by secret ballot shall be conducted within
fifteen (15) days from the date of this Direction of Election under-
the direction and supervision of the Regional Director for the
Eighteenth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 9, of
said Rules and Regulations, among the production and maintenance
employees of the Company throughout its system, including tem-
porary employees who have worked a total of 350 hours or more
from. January 1, 1939, to July 15, 1939, whose names appear on the
Company's pay roll of July 15, 1939, including those employees who,.
were ill or on vacation, but excluding casual labor, official, super-
visory employees, clerical and office workers, managers, local man-
agers, collectors, the combined meter. reader and collector at Osceola
(L. L. Linder), all foremen, all bus-garage employees at Burling-
ton and Ottumwa, railway-department employees, district account-
ants, all superintendents, part-time janitresses, chief engineers,
engineers in general -construction department, engineer in general,
district engineers, chief gas makers, distributive engineers, attendant,
streetlight employees, servicers of street lights, head electrician of
the new business and merchandise department at Washington, line
and service department employee at Sigourney (W. 'G. Shafer),
material and stock clerk in the office at Centerville, and temporary
employees who worked less than 350 hours from January 1, 1939,
to July 15, 1939, and all employees who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by the Utility Workers Organizing Committee, affiliated with
the Congress of Industrial Organizations, the Union of Employees
of the Iowa Southern Utilities Company, the Independent Brother-
hood of Electrical Workers, Local 347, affiliated with the American
Federation of Labor, or by none of them.
IOWA SOUTHERN UTILITIES COMPANY 593
IT Is HEREBY ORDERED that the petition for investigation and cer-
tification of representatives of employees of the Iowa Southern
Utilities Company, Centerville, Iowa, filed by Utility Workers Or-
ganizing Committee, Local 109, affiliated with the Congress of Indus-
trial Organizations, be, and it hereby is, dismissed without prejudice.
MR. WILLIAM M. LEisERsoN, concurring :
Although I do not agree with the reasons given for this decision,
I concur in the result reached.
I dissent particularly from the statement that if it appears as a
result of the election that organization has not proceeded sufficiently
throughout, the system we will then consider de n,ovo the appropriate-
ness of the district unit. Having settled the dispute by a finding
that a district unit is not appropriate and that a system-wide unit is
appropriate, I do not think it proper to rule that we will further
consider the appropriateness of the district unit after the election has
been held.