Mountain States Power Co.

National Labor Relations Board - Board Decisions

Oct 11, 1945

64 N.L.R.B. 34 (N.L.R.B. 1945)

__In the Matter of MOUNTAIN STATES POWER COMPANY and LOCAL INDUS-
TRIAL UNION 1361, CIO
Case No. 19-R-108.-Decided October 11, 1945
Messrs. R. C. Sipe and John Ford, of Albany, Oreg., for the Com-
;pany.
Mr. A. F. Hartung, of Portland, Oreg., for the CIO.
Mr. C. R. Owen, of Portland, Oreg., for the AFL..
Miss Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Local Industrial Union
:1361, CIO, herein called the CIO , alleging that a question affecting
Rcommerce had arisen concerning the representation of employees of
-Mountain States Power Company , Tillamook, Oregon, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Erwin A. Peterson , Trial Ex-
aminer . The hearing was held at Tillamook , Oregon, on June 28,1945.
At the commencement of the hearing, the Trial Examiner granted a
motion to intervene made by International Union of Operating Engi-
neers, Local 87, AFL, herein called the AFL. The Company, the CIO,
and the AFL appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross -examine witnesses , and to in-
troduce evidence bearing on the issues . The Trial Examiner 's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed. All parties are afforded an opportunity to file briefs with
the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Mountain States Power Company, a Delaware corporation , furnishes
electrical , gas, steam heat, telephone, and water service in the States of
64 N. L . It. B., No. 8.
34
MOUNTAIN STATES POWER COMPANY 35
Oregon, Washington, Idaho, Montana, and Wyoming. It operates a
steam electric plant at Tillamook, Oregon, which is the only plant
involved in this proceeding. The Tillamook plant is part of the Wil-
lamette Division of the Company. During 1944, the Tillamook plant
produced approximately 5 per cent of the Company's total output in
electrical energy. The Company's power lines cross the Washington-
Idaho boundary line and the Company's telephone lines, connecting
with the Bell system, project calls to all parts of the United States.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local Industrial Union 1361, affiliated with the Congress of Indus
trial Organizations, is a labor organization admitting to membership
employees of the Company.
International Union of Operating Engineers, Local 87, affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has been bargaining with the AFL as the representa-
tive of its employees at the steam power plants at Tillamook and
Springfield, Oregon, since 1940.' Several collective bargaining agree-
ments were entered into between these parties. On November 1, 1943,
the Company and the AFL signed a written contract, covering the two
plants, effective until October 31, 1944, and to continue thereafter until
terminated by 30 days' written notice by either party to the other.
Prior to February 21, 1945, the Company and the AFL began negotia-
tions with respect to a new contract or an agreement extending the
term of the 1943 contract with amendments thereto. Unable to reach
an agreement on certain provisions under negotiation, the AFL and
the Company submitted their differences to the War Labor Board
which issued. a directive order on February 27, 1945.
On February 21, 1945, the CIO notified the Company that it repre-
sented a majority of the Company's employees at its Tillamook plant.
The Company, in reply, informed the CIO that its employees were
represented by the AFL and that the Company and 'the AFL had
petitioned the War Labor Board "for approval of a contract involving
wage increases and more favorable working conditions."
On March 7,,1945, the Company and theAFL enteredinto an agree-
ment amending the 1943 contract in several respects;1 the 19,45 agree-
ment covered only the Tillamook plant, extended the life of the 1943
0
I This 1945 agreement states that the 1943 contract "is still in full force and effect "
36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
contract until October 31, 1945, and provided for automatic renewal
for yearly periods thereafter in the absence of appropriate notice.
It is clear that the 1943 contract alone does not constitute a bar to
this proceeding since after October 31, 1944, it became a contract ter-
minable at w111.2 Furthermore, the contract or amendment of March
7, 1945, became effective subsequent to the CIO's claim to representa-
tion and, therefore, does not preclude the instant proceeding.3 Accord-
ingly, we find that no bar exists to a present determination of
representatlves.4
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents, a substantial number of
employees in the unit hereinafter found appropriate.'
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 UNLT
The CIO contends that a unit consisting of all employees of the
Company's Tillamook plant, including the chief engineer, shift
engineers, servicemen and their helpers, firemen, fuelman, the Coates
Lumber Company fuelman, and the truck driver, but excluding all
clerical employees, is appropriate. The Company and the AFL are
in agreement with the CIO as to the scope of the unit, but they would
exclude the chief engineer because of his supervisory functions and the
truck driver because of his present representation by another union.
The AFL, in addition, objects to the inclusion of the Coates Lumber
Company fuelman in the unit.
The chief engineer is responsible for the operation of the power
plant. He directs the work of all its employees 6 and he has the
authority to hire or discharge all plant personnel. Although the chief
engineer has been included in the past in the two-plant unit repre-
sented by the AFL, he is clearly a supervisory employee within the
meaning of our customary definition and, in accordance with our well-
established policy, we shall exclude him from the unit of non-super-
visory employees sought herein.7
2 See Matter of Ionia Desk Company, 59 N I, It B 1522
3 See Matter of Kimberly-Clai k Corporation, 55 N L R B 521
* Nor do the war Labor Board proceedings variant a dismissal of the petition, inasmuch
as the AFL,was not a newly certified or newly iecognired repsesentatsve at the time they
were initiated See Matter of ^ltacClatchie Manufacturing Company, 53 N L R B 1265.
The Field Examiner rcpoited that the CIO submitted 14 authorization cards and that
the names of 10 persons appearing on the cards were listed on the Company's pay roll of
May 17, 1945 , that the APT, submitted a membership list which contained the names of 11
persons which appear on the same pay soil, and that there are 17 employees in the alleged
appropriate unit
' Four shift engineers, one serviceman,'one serviceman's helper, three firemen, and seven
fuelnien
See Matter of Toledo Edison Company, 63 N L R B 217.
MOUNTAIN STATES POWER COMPANY 37
The truck driver hauls fuel from the Coates Lumber Company, a
concern with which the Company has a contract for the purchase of
fuel. Since May 1942, the truck driver has been part of a unit for
which the International Brotherhood of Electrical Workers, Local
Union No. 659, AFL, not involved in this proceeding, has bargained.'
Since the truck driver is represented by another union at the present
time, we shall exclude him from the unit.
One of the seven fuelmen employed by the Company is stationed
at the Coates Lumber Company which is located approximately 3
blocks from the power plant. This fuelman, on the pay roll of the
Company and under the supervision of the chief engineer, aids in
loading lumber on the Coupany's fuel truck and on rare occasions
works at, the power plant. His rate of pay is the same as that of fuel-
men working at the power plant and his duties are comparable.
But this fuelman, not at the power plant, has never been part of the
bargaining unit represented by the AFL. Accordingly, we shall
exclude him.9
We find that all employees of the Company's Tillamook plant,
including the shift engineers, servicemen and their helpers, firemen,
and plant fuelmen, but, excluding the truck driver, the Coates Lumber
Company fuehnan, clerical employees, the chief engineer, and all other
supervisory employees with authority to hire, promote, discharge,,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for the
purposes 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 the
employees 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 Act, and pursuant to Article III, Section 9, of National Labor
"Following a consent election held under Board auspices, International Brotherhood of
Electrical Workers was designated by the Regional Director as the representative of the
employees in the following unit all production and maintenance employees employed in
the employer's Willamette Division, excluding clerical employees, all power plant employees
employed by the employer in its Springfield and Tillamook power plants" (Case No
19-R-822 )
0 See Matter of C J Petersen, et al, 60 N L R B 1070
38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Mountain States
Power Company, Tillamook, Oregon, 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 supervision
of the Regional Director for the Nineteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, 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 the 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 and have not been rehired or reinstated prior
to the date, of the election, to determine whether they desire to be
represented by Local Industrial Union 1361, CIO, or by International
Union of Operating Engineers, Local 87, AFL, for the purposes of
collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.