42 N.L.R.B. 26 (N.L.R.B. 1942)

Ohio Power Co.

National Labor Relations Board - Board DecisionsJul 2, 1942

42 N.L.R.B. 26 (N.L.R.B. 1942)

In the Matter of OHIO POWER Co iP_1NY and UTILITY WORKERS 'ORGANIZING COMMITTEE LOCAL UNION #172 (CIO) Case No. R-3965.-Decided July 0, 194 Investigation and Certification of Representatives : stipulation foi' ceitihcation on consent election - I , Mr A M Plummer , of Canton , Ohio, for the Company Mr Lee W. Heilman, of Canton, Ohid, for the C. 1. 0. Mr. Harry K Johns, of Canton, Ohio, for the Independent Mr. George H Gentithes . of counsel to the Board DECISION. AND CERTIFICATION OF REPRESENTATIVES STATEMENT'OF TIIE CASE Upon petition duly filed by Utility Workers Oiganizing Commit- tee, Local Union #172 (CIO), herein called the C I 0, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Ohio Power Company, herein called the Company,-engaged in Canton, Ohio, in the manufactuie of electric power, the National Labor Relations Board provided for an appro- priate hearing upon due notice. On June 8, 1942, before a hearing was held, the Company, the C I 0, Electric Service Employee`s Union, Local Union #102 (unaffiliated), herein called the Inde- pendent, and the Regional Director for the Eighth Region (Cleve- land, Ohio) entered into an "AGREEMENT FOR CONSENT ELECTION AND CERTIFICATION UPON CONSENT ELECTION " Pursuant to the stipulation, an election by secret ballot was con- ducted on June 12, 1942, under the direction and supervision of the Regional Director among all physical employees of the Company's Canton division in the following classifications Transmission and distribution patrolmen Troublemen ,Linemen and ground men Sub-station operators and maintenance men All meter men All appliance service men and utility men 42NLRB,No7 26 OHIO POWER COMPANY 27 Storer oom men Janitors - Truck and field clerks District service men Seivice meter readers and collectors but excluding foremen, supervisors, clerical and office' employee`s, watchmen, and those acting in a managerial capacity, to determine whether or not they desired to be represented by the C I. 0., by the Independent, or by neither On June 13, 1942, the Regional Director issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows Total on eligibility list------------------------------------ 150 Total ballots cast---------------------------------------- 115 Total ballots challenged----------------------------------- 4 Total blank ballots---------------------------------------- 0 Total void ballots--------------------------------------- 0 Total valid -,otes counted--------------------------------- -111 Votes cast for Electiic Seivice Employees Union, Local #102 (unafliated)------------------------------------- 58 Votes cast for Utility Workers Organizing Committee,-Local Union #172 (CIO) ------------------------------------- 45 Votes cast for neither------------------------------------- - 8 Upon the basis of the stipulation, the Election Report, and the entire record in the case, the Board makes the following FINDINGS OF FACT 1. A question affecting commerce has-arisen concerning the repre- sentation of employees of the Ohio Power Company, Canton, Ohio, within the meaning of Section 9 (a) and Section 2 (6) and (7) of the National Labor Relations Act 2. All physical employees of the Company's Canton division in the following classifications Transmission and distribution patrolmen Troublemen Linemen and ground men Sub-station operators and maintenance men All meter mien All appliance service men and utility men Storeroom men Janitors Truck and field clerks 28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD District service men - Service meter readers and collectors but excluding foiemen, supervisors, clerical and office employees, watchmen, and those acting in a managerial capacity, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b), of the Act 3 Electric Service Employees Union, Local #102 (Unaffiliated), has been designated and selected by a majority of employees in the above unit as their representative for the purposes of collective, bar- gaining and is the exclusive representative of all employees in said unit within the meaning of Section 9 (a) of the Act CERTIFICATION OF REPRESENTATIVES 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, - IT IS HEREBY CERTIFIED that Electric Service Employees Union, Local #102 (Unaffiliated), has been designated and selected by a majority of all physical employees of the Company's Canton division in the fol- lowing classifications Transmission and distribution patrolmen Troublemen Linemen and ground men Sub-station operators and maintenance men All meter men All appliance service men and utility men Storeroom men Janitors Truck and field clerks District service men Service meter readers and collectors but excluding foremen, supervisors, clerical and office employees, watchmen, and those acting in a managerial capacity, as their repre- sentative for purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Electric Service Employees Union, Local #102 (Unaffiliated), is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, houis=of employment, and other conditions of employment