Nashville Gas and Heating Co.

National Labor Relations Board - Board Decisions

Aug 28, 1942

43 N.L.R.B. 783 (N.L.R.B. 1942)

In the Matter of NASHVILLE GAS AND HEATING COMPANY ( SECOND
AVENUE BRANCH ) and DISTRICT 50, UNITED MINE WORKERS OF
AMERICA
In the Matter of NASHVILLE GAS AND HEATING COMPANY ( SECOND
AVENUE BRANCH ) NASHVILLE, TENNESSEE and NATIONAL COUNCIL
OF GAS, COKE & CHEMICAL WORKERS
Cases Nos. R-1119 and R=4120, respectively. Decided August 08,
1941 11
Jurisdiction : artificial gas manufacturing and distributing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition because of ' doubt as to Board's juris-
diction over Company ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at Second Avenue Branch of Company, excluding office, clerical, and
supervisory employees ; stipulation as to.
Mr. John M. Barksdale, of Nashville, Tenn., for the company.
Messrs. E. K. Collins, Howard Nail, and M. M. Lackey, of Bir-
mingham, Ala., for District 50.
Mr. W. I. Sl1sith, of Memphis, Tenn., for the National Council.
Miss Marcia Hertzm arlc, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon petitions duly filed by District 50, United Mine Workers of
America, herein called District 50, and National Council of Gas, Coke
& Chemical Workers, herein called the National Council, alleging,
that questions affecting commerce had arisen concerning the repre-
sentation of employees of Nashville Gas and Heating Company (See-
and Avenue Branch), Nashville, Tennessee, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before William M. Pate, Trial Examiner.
Said hearing was held at Nashville, Tennessee, on August 5, 1942.
i District 50 filed its petition on June 4, 1942 ; the National Council on July 13, 1942.
43 N. L R. B., No. 126.
783
784, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company, District 50, and the National Council appeared, par-
ticipated, 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.
Upon the entire record in, the case, the Board makes the following :
FINDINGS or FACT
1. THE BUSINESS OF THE COMPANY
Nashville Gas and Heating Company is a Tennessee corporation
engaged in the manufacture and distribution of artificial gas at Nash-
`ille, Tennessee. It is a wholly owned.subsidiary of the United Gas
Improvement Company, a holding company with its main office in
Philadelphia, which has investments in many operating and holding
companies throughout the United States. The Company sells all its
gas within the State of Tennessee, but about 10 percent thereof is
sold to concerns, engaged in the production, sale, and distribution
of gas for interstate commerce. During the period from February
1 to May 31, 1942, the Company's sales totaled $306,626. Of this
amount, about $12,751 represented sales of tar and -coke byproducts
shipped outside the State of Tennessee. During the same period, the
Company purchased from- a Tennessee concern approximately $16,000
worth of oil. A percentage of such oil which is impossible to 'de-
termine originated outside the State of Tennessee. The Company
also purchased, during this period, $58,000 worth of coal, of which
about 10 percent was shipped from outside the State of Tennessee.
Approximately 84 percent of all coal purchased came originally from
outside the State of Tennessee.2
H. THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company. _
National Council of Gas, Coke & Chemical Workers is a labor or-
ganization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
District 50 began. an organizational drive among employees of the
Company in February 1942. In :June" it requested the Company to
bargain with it on behalf of the employees. The Company refused
,'CP. Matter of Southern Califomnia Gas Company and Utility Workers Organizing
Coin mittee, C. I 0,40N L R B 250
NASHVILLE GAS AND HEATING COMPANY 785
to bargain because it doubted that it was engaged in interstate com-
merce and subject to the jurisdiction of the Board. During the same
month, a meeting of the Company's employees who were members of
District 50 was held at which it was decided to withdraw from Dis-
trict 50 and become members of the National Council.
Statements of a Field Examiner, introduced in evidence at the
hearing, show that District 50 and the National Council each repre-
sented a substantial number of employees in the agreed unit at the
time the petition of each was filed.3,
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 National Labor
,Relations Act.'
IV. THE APPROPRIATE UNIT
We find, in accordance with' a stipulation of District 50 and the
National Council , to which the Company offered no objection, that
all production and maintenance employees at the Second Avenue
Branch of the Company , excluding office, clerical , and supervisory
employees , 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 em-
ployees 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 Relations
Act, and pursuant to Article III, Section 8, 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 Nashville Gas and
B The Field Examiner reported that District 50 submitted 65 designations , 62 of which
bore apparently genuine, original signatures of persons on the Company's pay roll of June
12, 1942, which pay roll listed 85 persons in the unit agreed upon These cards were
dated, between May 30 and June 7, 1942 The National Council submitted 55 designa-
tions, all bearing apparently genuine , original signatures and all bearing names on the
above-mentioned pay roll The cards were dated between July 3 and 8, 1942.
4 District 50 moved at the hearing to dismiss the petition of the National Council.
The motion is hereby denied. -
481039-42-vol 43--50
786 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Heating Company ( Second Avenue Branch ), Nashville, Tennessee,
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 Tenth
Region, acting in this matter as agent for the National Labor Relations
Board, and subject .to Article III, Section 9, of said Rules and Regu-
lations, among the employees in the 'twit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including any such employees
who did not work during said pay-roll period because they were ill
or on vacation or in the activemilitary service or training of the United
States or temporarily laid, off, but excluding any ,who, have since ,quit
or been discharged for cause,,to determine whether they desire to be
'represented by District 50, United Mine Workers of America, affiliated
with the Congress of Industrial Organizations, or by National Council
of Gas, Coke & Chemical Workers, for the purposes of collective bar-
gaining, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.