Oklahoma Gas and Electric Co.

National Labor Relations Board - Board Decisions

Oct 10, 1949

86 N.L.R.B. 437 (N.L.R.B. 1949)

In the Matter of OKLAHOMA GAS AND ELECTRIC COMPANY, EMPLOYER
and LOCAL UNION 155, INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS, AFL, PETITIONER
Case No. 16-RC-403.-Decided October 10, 1949
DECISION.
AND
DIRECTION OF ELECTION
Upon a petition duly . filed, a hearing was held before Everet P.
Rhea, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial . error and are hereby affirmed.'
Upon the entire record in this case , the Board finds :
1. The Employer is engaged in the generation , transmission, dis-
tribution , and sale of electric energy. It serves 218 towns and cities
in the State of Oklahoma and 23 towns and cities in western Arkansas.
The Employer 's transmission lines are interconnected and are operated
in the main as a single integrated system. During the fiscal year
ending June 30, 1949 , the Employer 's gross revenue was in excess of
$23,000,000 , of which 8.7 percent was derived from sales made within
the State of Arkansas, and the balance was derived from sales made
-within the State of Oklahoma . During the same period , the Employer
purchased equipment and supplies valued in excess of $5,000,000, all
of which were shipped to the Employer from points outside the State
of Oklahoma . We find, therefore , that the Employer is engaged in
commerce within the meaning of the National Labor Relations Act.'
2. The Petitioner is a labor organization , affiliated with the Ameri-
can Federation of Labor, claiming to represent employees of the
Employer.3
'The Employer moved to dismiss the petition on the ground that the Petitioner has
failed to prove that it represents 30 percent of the employees in an appropriate unit.
However , the Petitioner' s showing of interest in this proceeding is a matter for administra-
tive determination . We are satisfied that a substantial number of employees have desig-
nated the Petitioner as their bargaining representative . Accordingly, we hereby deny the
2 Matter of . Southwestern Electric Service Company, 85 N. L. R. B. 153; Matter of
Hughes Aircraft Company, 81 N. L. R. B. 867.
2 Matter of Southwestern Electric Service Company , 85 N. L. R. B. 153 ; Matter of
Texas Electric Service Company , 77 N. L. R. B. 1258.
3 The record discloses that the Petitioner has been duly organized and chartered by the
American Federation of Labor. The Employer apparently contends that the Petitioner
is a craft organization and does not have jurisdiction to represent all the employees in the
proposed unit. We find no merit in this contention . Willingness of a labor organi-
zation to represent the employees in question and the employees' designation of such labor
organization are the controlling considerations under the Act. Matter of Hughes Aircraft
Company, supra.
86 N. L. It. B., No. 59.
867351-50-vol. 86-29 437
438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Act4
4. The Petitioner seeks to represent a unit composed of all regular
employees of the Employer in the outside transmission and distribu-
tion department, including the general repair shop. There has been
no collective bargaining involving the employees in the proposed unit.
The Employer does not admit that the unit petitioned for is appropri-
ate for purposes of collective bargaining. However, it does not ad-
vance any specific grounds for its opposition to such.unit. Further-
more, the Employer admits that the employees in the unit petitioned
for : (1) compose a closely integrated department under separate su-
pervision; (2) have functions which are distinct from those of the
other employees; (3) possess skills which are comparable; (4) have
similar working conditions; and (5) that interchange between em-
ployees in the proposed unit and employees in other departments is
infrequent. We conclude, therefore, that the employees in the proposed
unit constitute a homogeneous, identifiable, departmental grouping
with a community of interest separate and apart from those of the
other employees of the Employer and constitute an appropriate
bargaining unit.'
We find that the following employees of the Employer constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act:
All employees in the outside transmission and distribution depart-
ment, including the general repair shop, but excluding office and
clerical employees, guards, watchmen, and supervisors 6 as defined in
the Act.
5. There is a dispute with respect to the eligibility of laborers, or
helpers, and persons on military leave to vote in the election directed
herein. The testimony shows that laborers, or helpers, are proba-
tionary employees and that the expectation is that they will become
regular employees if their work proves satisfactory. In accordance
with our customary policy with respect to probationary employees,
we will permit them to participate in the election.' There are three
employees who are absent on military leave. Although the Employer
4 The Employer moved to dismiss the petition on the ground that prior to the hearing
the Petitioner failed to make a proper demand upon the Employer for recognition. How-
ever , in view of the fact that a question concerning representation was shown to exist
at the hearing , we deny the motion . Matter of A dvance Pattern Company, 80 N. L. R. B. 29.
6 Matter of Kansas City Power & Light Company , 75 N. L . R. B. 609 ; Matter of The Ohio
Public Service Company , 71 N. L . It. B. 184 and 69 N. L . R. B. 1089 ; Matter of Common-
wealth Edison Company, 55 N. L . R. B. 465. Insofar as it is inconsistent herewith , Matter
of Southwestern Electric Service Company , 85 N. L. R. B. 153 , is overruled.
6 In accordance with the stipulation of the parties, we find that the working foremen
are supervisors . Accordingly , they are excluded from the unit.
7Matter of The Ohio Power Company ( Canton Division), 80 N. L . R. B. 582.
OKLAHOMA GAS AND ELECTRIC COMPANY 439
testified that if such employees return, they will be reemployed and
will obtain the advantage of accrued employee benefits, there is no
indication in the record when, if at all, they will apply for reinstate-
ment. Accordingly, we find that employees on military leave are
ineligible to vote in the election herein."
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bar-
gaining, by Local Union 155, International Brotherhood of Electrical
Workers, AFL.
9 Matter of Cities Service Oil Co. of Pennsylvania (Marine Division), 75 N. L . R. B. 78.