Kansas City Power and Light Co.

National Labor Relations Board - Board Decisions

Jan 18, 1944

54 N.L.R.B. 647 (N.L.R.B. 1944)

In the Matter of KANSAS CITY POWER AND LIGHT COMPANY and INTER-
NATIONAL BROTHERHOOD OF
THE A. F. of L.
In the Matter of KANSAS CITY
NATIONAL BROTHERHOOD OF
THE A. F. of L.
In the Matter of KANSAS CITY
NATIONAL BROTHERHOOD OF
THE A. F. of L.
ELECTRICAL WORKERS, AFFILIATED WITH
POWER AND LIGHT COMPANY and INTER-
ELECTRICAL WORKERS, AFFILIATED WITH
POWER AND LIGHT COMPANY and INTER-
ELECTRICAL WORKERS, AFFILIATED WITH
Cases Nos . 17-R-659 to 17-R-661 inclusive , respectively.Decided
January 18,1911
Mr. Irvin Fane, of Kansas City, Mo., for the Company.
Messrs. Cli f Langsdale and John J. Manning, of Kansas City, Mo.,
for the I. B. E. W.
Mr. Fred Ruark, of Kansas City, Mo., for the Independent.
Miss Melvern R. Krelow, of Counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by International Brotherhood of Electrical
Workers, affiliated with the A. F. of L., herein called the I. B. E. W.,
alleging that questions affecting commerce had arisen concerning the
representation of employees of Kansas City Power and Light Com-
pany, Kansas City, Missouri, herein called the Company, the National
Labor Relations Board consolidated the cases and provided for an
appropriate hearing upon due notice before Robert S. Fousek, Trial
Examiner. Said hearing was held at Kansas City, Missouri, on
November 1, 2, 8, 9, 10, and 11, 1943. The Company, the I. B. E. W.,
and Independent Union of Utility Employees, affiliated with the
United Utilities Union of America, herein called the Independent,
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses and to introduce evi-
dence bearing on the issues. During the hearing, the Independent
54 N. L. R. B., No. 94.
647
648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
moved to dismiss the petitions. The Trial Examiner reserved ruling
to the Board. For reasons hereinafter set forth, the motions are
hereby granted. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded opportunity to file briefs with the Board.
Subsequent to the hearing, the parties jointly requested permission
to argue orally before the Board. The request is hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Kansas City Power and Light Company, a Missouri corporation
having its principal office and place of business in Kansas City, Mis-
souri, is engaged principally in, the production, transmission, and
distribution of electrical current to domestic, commercial, and in-
dustrial consumers in Missouri and Kansas. It is also engaged in
the production, distribution, and sale of steam heat in Kansas City,
Missouri, and the sale of water in several communities in Missouri
and Kansas. It engages in the retail sale of electrical applicances in
all communities in which it operates. It owns and operates two
electric generating plants in Kansas City, Missouri, and two stand-by
plants, one in'Missouri and one in Kansas. The Company admits
that it is engaged in commerce within- the meaning of the National
Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers is a labor orgalui-
zation affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
Independent Union of Utility Employees is a labor organization
affiliated with the United States Utilities Union of America, admitting
to membership employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT; THE ALLEGED QUESTIONS CONCERNING
REPRESENTATION
The I. B. E. W.tcontends, in general, that (1) all employees in the
steam distribution department, exclusive of clerical and supervisory
employees, (2) all employees in the meter operating department, ex-
clusive of clerical and supervisory employees, and (3) all ground-
men, linemen, apprentice and journeymen linemen, and tree trimmers
in the Company's overhead system department in Kansas City, Mis-
souri, and rural Jackson, Clay, and Cass Counties, exclusive of clerical
KANSAS CITY POWER AND LIGHT COMPANY 649
and supervisory employees, constitute separate, appropriate units.
The Independent contends that all of the Company's non-supervisory
employees other than employees in the Production Department, and
including the steam distribution, meter operating, and overhead
system departments,' constitute an appropriate unit. The Company
contends that all of its employees, excluding supervisory employees,
constitute an appropriate unit.
On May 31, 1939, the Board directed an election in a unit consisting
of the non-supervisory employees in the Company's Production De-
partment.2 As a result thereof, Local Union B-412, International
Brotherhood of Electrical Workers was certified on August 5,,1940,3
as the collective bargaining representative for the employees in such
unit, and has since that time continuously bargained on their behalf
under written contract with the Company. In July 1940, the Com-
pany recognized the Independent as the collective bargaining repre-
sentative for all employees other than the Production Department
employees, and thereafter executed a collective bargaining contract
with the Independent covering such employees, including those in
the steam distribution, meter operating, and overhead system depart-
ments.4
The I. B. E. W. here seeks as separate appropriate bargaining units,
3 of the approximately 12 subdivisions of the Distribution Depart-
ment, which department, together with various other departments,
constitutes the unit now represented by the Independent. While the
Board has on occasion found appropriate separate units limited to de-
partments or other subdivisions of integrated enterprises, as a rule it
has done so only in the absence of a history of collective bargaining on
a broader appropriate basis and in ' order ,to avoid depriving the em-
ployees of their bargaining rights under the Act pending organization
on the broader basis. Here, the Independent has for 4 years bargained
for a unit which is much wider in scope than, and which includes, the
3 departmental units sought by the I. B. E. W. Under these circum-
stances, we are of the opinion that at the present time the full benefit
of their right to self-organization and to collective bargaining will be
more effectively secured to the,employees if the 3 subdivisions of the
Distribution Department here in question are not severed from the
unit which has formed the basis of a 4-year history of contractual rela-
tions. Accordingly, we find that the departmental units urged by the
1 These three departments are subdivision of the Distribution Department.
2 12 N. L. R. B. 1461.
8 26 N. L. R. B 123
4 The record indicates that while the Independent and the Company suspended operation
of the provisions of their recently executed renewal contract of October 1, 1943, with
respect to the employees involved in the three qepartmental units requested by the I. B.
E. W, this suspension was effected solely because of the pendency of the instant
proceeding.
650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I. B. E. W. are not appropriate for the purposes of collective bargain-
ing. We shall therefore dismiss the petitions of the I. B. E. W.
Since the bargaining units sought to be established by the petitions
are inappropriate, we find that no questions affecting- commerce have
arisen concerning the representation of employees of the Company in
appropriate bargaining units. -
ORDER
Upon the- basis of the foregoing findings of fact, the National Labor
Relations Board hereby orders that the petitions for investigation and
certification of employees of Kansas City Power and Light Company,
Kansas City, Missouri , filed by International Brotherhood of Electri-
cal Workers , A. F. of L., be, and they hereby are , dismissed.
i
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Order.