Pennsylvania Power & Light Co.

National Labor Relations Board - Board Decisions

Feb 10, 1944

54 N.L.R.B. 1189 (N.L.R.B. 1944)

In the Matter Of PENNSYLVANIA POWER & LIGHT COMPANY and UTILITY
WORKERS ORGANIZING COMMITTEE, CIO
Case No. 4-R-1267.Decided February 10, 1944
Mr. Harvey H. Steckel, of Allentown, Pa., for the Company.
Messrs. Oliver J. Harper and Harold J. Straub, both of New York
City, Mr. Joseph M. Walsh, of Wilkes-Barre, Pa., and Mr. Adam Metz,
of Nesquehoning, Pa., for the UWOC.
Mr. Henry Mayer, of New York City, and Mr. John W. Thomas,
of Catasauqua, Pa., for the EIA.
Mr. William Feldesman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by Utility Workers Organizing Committee,
CIO, herein called the UWOC, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Penn-
sylvania Power & Light Company, Allentown, Pennsylvania, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Joseph L. Hektoen,
Trial Examiner. Said hearing was held at Allentown, Pennsylvania,
on January 5 and 6, 1944. The Company, the UWOC, and Employees
Independent Association of Pennsylvania Power & Light Company,
herein called the EIA, appeared, participated, 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. All parties were afforded and availed themselves of
the opportunity to file briefs with the Board. Inasmuch as the briefs
adequately discuss the issues, all requests for oral argument are
denied. ,
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Pennsylvania Power & Light Company'is a Pennsylvania corpora-
tion having its general offices in Allentown, Pennsylvania. It supplies
54 N. L. R. B., No. 183.
1189
1190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
electrical energy to a large territory located within 28 counties in the
eastern portion of the Commonwealth of 'Pennsylvania, and it also
furnishes parts of this territory with manufactured gas and steam
beat service. It provides 424,000 customers with electrical energy,
64,000 customers with manufactured gas, and 1,400 customers with
steam heat service. The Company's system consists of 16 steam elec-
tric power plants, 1 large hydro-electric plant, and 19 smaller hydro-
electric plants, all connected by a network of power lines, as well as
30 attended and 40 unattended substations which are fed from these
lines. This integrated system is in turn connected with the power
lines of public utilities situated in other States, and thus constitutes
a link in the chain of power companies servicing all of the United
States of America. The Company admits that it is engaged in
commerce, within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Utility Workers Organizing Committee , affiliated with the Congress
of Industrial Organizations , and Employees Independent Association
of Pennsylvania Power & Light Company, unaffiliated , are labor
organizations admitting to membership employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
As alleged in the petition and amplified at the hearing, the UWOC
urges that all employees of the Company engaged in the Pottsville
Division,' including all physical workers and those designated as'
manual workers, and excluding office, clerical, and supervisory em-'
ployees, constitute an appropriate unit. However, the Company
asserts that the appropriate unit is system-wide, comprised of all
employees irrespective of divisional lines, excluding only those in
managerial, executive, or administrative positions, and members of
their immediate staffs. The position of the EIA is substantially the
same as the Company's.
From 1937 to the present, the Company and the EIA have bar-
gained pursuant to the terms of written agreements, which they ex-
ecuted, according the EIA recognition as "the exclusive bargaining
agency of all the employees of the Company." 2 Although the UWOC
insists that the relations between the Company and the EIA have
been conducted, in fact, by Divisions, the record reveals that all mat-
ters pertaining to collective bargaining, excepting local issues which
have arisen, have been treated by the contracting parties upon a
Pottsville is one of 10 Divisions presently in existence.
2 These agreements provide that the EIA will neither solicit nor accept as members "per-
sons employed by the Company in managerial , executive or administrative positions, or who
are members of the immediate staffs of persons in such positions."
PENNSYLVANIA POWER & LIGHT COMPANY 1191
system-wide basis. Moreover, the EIA has actively represented em-
ployees in all Divisions, including Pottsville,3 in its dealings with the
Company. ,
With respect to the organizational structure of the operating aspect
of its business, the Company avers that, insofar as its electrical de-
partment is concerned, its Divisions are not operating units. In any
event, there can be no question of the highly integrated nature of
the Company's business. In addition, employees are interchanged
between Divisions, all Divisions have substantially the same work
classifications, and, except for wage differentials in several power
plants which are relatively inaccessible, there is a uniform wage scale
for each classification of employees. From the record, no material
difference between Pottsville and the remaining Divisions of the Coin-
pany is discernible.
Consideration of all the foregoing facts, particularly the long his-
tory of,collective bargaining premised on a system-wide unit and the
Company's integrated business, impels the conclusion that the unit
sought by the UWOC, limited in scope to the Pottsville Division, is
inappropriate 4
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since the unit sought by the UWOC is inappropriate, we find that
no question affecting commerce has arisen concerning the represen-
tation of employees of the Company.
ORDER
Upon the' basis of the foregoing findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of the Pennsylvania Power
& Light Company, Allentown, Pennsylvania, filed by Utility Workers
Organizing Committee, CIO, be, and it hereby is, dismissed.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Order.
3 As; of December 31 , 1943, the EIA claimed as dues paying members 276 employees in
the Pottsville Division.
4 Matter of Buffalo Niagara Electric Corporation , at al, 46 N. L. R. B. 668, and cases there-
in cited at P. 672, Fn. 6.
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