North Alabama Electric Cooperative

National Labor Relations Board - Board Decisions

Dec 29, 1950

92 N.L.R.B. 1136 (N.L.R.B. 1950)

In the Matter of NORTH ALABAMA ELECTRIC COOPERATIVE, EMPLOYER
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
846, AFL, PJ '1TTIONER
Cases Nos. 10-RC-971 and 10-RC-1019.-Decided December 29, 1950
DECISION AND DIRECTION OF ELECTION
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, a consolidated hearing was held before John C. Carey,
Jr., hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel [Chairman Herzog and Members Murdock and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is an Alabama chartered nonprofit rural electric
cooperative, financed by the REA which purchases electricity from the
Tennessee Valley Authority for resale to its members. It maintains
an office and plant in Stevenson, Alabama, and at the time of the hear-
ing had 4,917 members. During the 12-month period ending May
1950, the Employer's purchases of electricity amounted to approxi-
mately $76,350, all of which was obtained from power lines within the
State of Alabama. During the same period, the Employer purchased
approximately $138,000 worth of materials and equipment, of which
more than $100,000 worth was obtained from points outside the State.
The Employer's sales for the period in question totaled about $215,000
and all were made to consumers within the State. Although the ma-
jority of these sales were to residential users, the Employer also sold
electricity to municipalities, State agencies, retail stores, and' industrial
establishments, such as Avondale Mills, Stevenson, Alabama; Jacobs
Manufacturing Company' and Browning Hosiery Mill,2 Bridgeport,
Alabama, and J. S. O'Neal Manufacturing Company, Paint Rock,
' The Board 's official records show that the Board asserted jurisdiction over Avondale
Mills and Jacobs Manufacturing Company in cases involving their respective operations
(10-C-1829; 23 NLRB 693). ,
2 The record shows that this company annually purchases about $100 ,000 worth of goods,
of which 50 percent is obtained from out -of-State sources and that annually it sells about
$200,000 worth of goods, of which 50 percent is shipped outside the State.
92 NLRB No. 167.
1136
. NORTH ALABAMA ELECTRIC COOPERATIVE 1137
Alabama.-3 Purchases of electricity by the latter 4 users amounted to
about $17,000 during the period in question.
We find, contrary to the Employer's contention, that its activities
affect commerce within the meaning of the Act, and that as it is a
public utility, the assertion of jurisdiction in this case would effectuate
the policies of the Act
2. The Petitioner is a labor organization claiming to represent em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer. within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. We find that the following two groups of employees of the Em-
ployer at its facilities in Stevenson, Alabama, constitute separate units
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act:
(a) All office and clerical employees including the bookkeeper, cash-
iers, the electrical adviser, the meter reader,-, and the materials or store-
room clerk, but excluding the plant accountant and all other super-
visors as defined in the Act.
(b) All field employees excluding service and line foremen 6 and all
other supervisors as defined in the Act.
[Text of Direction of Election omitted from publication in this
volume.]
3 The record shows that this company sells products to customers outside the State.
4 Local Transit Lines, 91 NLRB 96.
6 The meter reader spends about 5 or 6 days each month reading meters and about 15 or
16 days each month performing such clerical duties as posting readings from , meter cards
and preparing bills . The balance of his time is devoted to checking the accuracy of the
readings on meter cards , the readings being made by consumers . As the duties of the
meter reader are primarily clerical in nature , we have included him in the office and
clerical unit rather than in the unit of field employees as requested by the Petitioner.
Appalachian Electric Power Company 91 NLRB No. 214.
. 6 We have excluded the service and line foremen because the record shows that these
individuals have authority to effect changes in the status of employees.