Michigan Gas and Electric Co.

National Labor Relations Board - Board Decisions

Dec 28, 1942

46 N.L.R.B. 443 (N.L.R.B. 1942)

In the Matter Of MICHIGAN GAS' AND ELECTRIC COMPANY and FEDERAL
LOCAL UNION 23191, AFFILIATED WITH THE A. F. OF L.
Case No. R-4579.-Decided December 28, 1942
Jurisdiction : gas and electric utility industry.
,Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition because appropriateness of unit was questioned;
election necessary.
Unit Appropriate for Collective Bargaining : all employees, including working
foremen at one plant within a geographic division, excluding clerical and man-
agerial employees.
Mr. Wilbur N. Burns, of Niles, Mich., for the Company.
Mr. J. N. Cummings, of Detroit, Mich., for the Union. '
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Federal Local Union 23191, affiliated
with the A. F. of L., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Michigan Gas and Electric Company, at its Holland, Michi=
gan, plant, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Harold- A. 'Cranefield,_ Trial Examiner. Said hearing was held at
Holland, Michigan, on November 23, 1942. The Company and the
Union appeared, participated, and were afforded full opportunity to
be heard, to, examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
On November 30, 1942, the Company filed a brief, which the Board
has considered.
Upon the entire record in the case, the Board makes the following :
46 N. L. R. B., No. 57.
443
444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Michigan Gas and Electric Company is a Michigan public utility
corporation engaged in the production, purchase, transmission, dis-
tribution,'and sale of electric energy and fuel gas for domestic, com-
mercial, and industrial uses. The Company operates in two widely
separated areas of Michigan, called, respectively, the Northern and
the Southern Division. The Holland plant, which is here involved,
is located within the Southern Division. All the sales of the Company
are to consumers in the State of Michigan and amount to approximately
$1,000,000 gross annually. About 50 percent of the electric energy dis-
tributed by the Company is generated in the State of Indiana and
bought by the Company and transmitted to its own distributing points
within the State of Michigan. The value of the electric energy-pur-
chased from concerns in the State of Indiana amounts to about $125,000
annually> In the ordinary course ofbusiness, the Company regularly
purchases materials in substantial amounts from points outside the
State of Michigan. The Company purchases fuel gas to the value of
approximately $60,000 fr`om points outside the State of Michigan, and
brings it into the State of Michigan for distribution. The Holland
office of the Company is engaged solely in gas operations within the
State of Michigan. The Company admits that it is engaged in inter-
state commerce if the operations of the entire Southern Division are
considered; it denies that it is engaged in interstate commerce if the
operations of the Holland office only are considered. We find that
the Company is engaged in commerce within the meaning of the NTa-
tional Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Federal Local Union 23191, is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
At the hearing, the Company stipulated that it is unwilling to accord
exclusive recognition to the Union, on the ground that the unit pro-
posed by the Union was not appropriate.
A statement of the Regional Director, introduced in evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
' The Regional Director reported that the Union submitted 15 application cards, all
bearing apparently genuine signatures and that 11 of the cards bear the names of persons
on the Company 's pay roll of October 22, 1942. which contained the names of 17 persona
in the alleged appropriate unit.
MICHIGAN GAS AND- ELECTRIC COMPANY 445
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of
Section 9 (c) and Section 2 (6) and, (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit comprised of all employees of the Company
employed at its plant in Holland, Michigan, excluding clerical and
supervisory employees. The Company, contends that,the proper unit
is one which would include all employees of the Company in its South-
ern Division engaged in gas and electric operations or, in the alterna-
tive, all employees of the Southern Division engaged in gas operations.
- In support of its contention, the Company points to the fact that
the Southern Division is administered as a whole from a central point;
and that since rates of pay and working conditions throughout the
Southern- Division are substantially the same, any change in one
locality would greatly affect the others. On the other hand, the record
shows that the Holland plant is separated by a considerable distance
from other plants in the Southern Division of the Company; that the
employees of the Holland plant are engaged solely in gas operations
and service only Holland and the vicinity; and that there are virtually
no interchanges of personnel between the Holland and other plants in
the Southern Division.2 The'Union further contends that because of
the distances involved, it could `not adequately conduct its operations
and meetings if the unit were more inclusive. In view of these facts,
and since organization has been confined to employees of the Company
at the Holland, Michigan, plant, who have attempted to bargain col-
lectively with the Company as a group, we are of the opinion that the
Holland plant employees constitute an appropriate unit.
The Union desires that the two working foremen at the Holland
plant be included' within the appropriate unit. The Company does
not oppose their inclusion. The evidence discloses that the working
foremen are paid on an hourly basis in common with other employees.
Only the manager has authority to hire or suspend employees. We
shall include the working foremen in the unit.
We find, therefore, that all employees of the Company, including
working foremen, at its Holland, Michigan, plant, excluding clerical
and managerial employees, constitute a' unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act.
V. THE DETERMINATION OF REPRESENTATIVES,
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
2 The evidence disclosed that with the exception of one serviceman, all interchanges of
personnel concerned supervisory employees.
446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD .
of the Company, in the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the Direction
of Election herein, subject to the limitations and additions set-forth in
the Direction.
DIRECTION OF ELECTION
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 At, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Michigan Gas and
Electric Company, Holland, 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 Direction, under the direction and super-
vision of the Regional Director for the Seventh Region, acting in this
matter 'as agent for the National Labor Relations Board, and subject,
to Article III, Section 10, of said Rules and Regulations, among, the
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by -Federal
Local Union 23191, affiliated with the American Federation of Labor,
for the purposes of collective bargaining.