Public Service Co. of Indiana, Inc.

National Labor Relations Board - Board Decisions

Jul 21, 1942

42 N.L.R.B. 639 (N.L.R.B. 1942)

In the Matter of PUBLIC SERVICE COMPANY OF INDIANA, INC . and
DISTRICT No 50, UNITED MINE WORKERS OF AMERICA, (UTILITY
DIVISION) C. I. O.
Case No. R-3945.-Decided July 21, 1942
Jurisdiction : power, light, and gas utility industry
Practice and Procedure : petition dismissed where petitioner's showing of repre-
sentation was too small to upset existing contractual relations between Com-
pany and rival organization
Mr Arthur R. Donovan, for the Board.
Evans & Hebel, by Mr. Edmond W. Hebel, of Indianapolis, Ind.,
for the Company.
Mr. Alfred Kamin, of Washington, D C, Mr. Joe B. Board and
Mr. Robert R. Fohl, of Indianapolis, Ind, for the U M W.
Mr. Frank S Pryor, of Frankfort, Ind, Mr. Elmer A Johnson,
of Chicago, Ill., Mr. Edwin E Sager and Mr. C. A. Dalton, of Indian-
apolis, Ind, for the I. B. E. W..
- Mr. Robert E. Tallman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed-by District No 50, United Mine Workers
of America, (Utility Division) C I 0, herein called the U M W ,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Public Service Company of Indiana,
Inc , Indianapolis, Indiana, herein called the Company, the National
Labor Relations Board provided for an appropiiate hearing upon
due notice before Henry J. Kent, Trial Examiner. Said hearing was
held at Indianapolis, Indiana, on June 16, 1942 The Company, the
U. M W, and International Brotherhood of Electrical Workers,
Local B-9, A. F. of L , herein called the I B. E W, appeared, par-
ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and 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 :
42 N L R B, No -130
639
640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I THE BUSINESS OF TIIE COMPANY
Public Service Company of Indiana, Inc , a consolidation of several,
public utilities, is engaged principally in rendering electric, gas, and
water utility service in the north central, central, and southern por-
tions of the State of Indiana In some communities, the Company
also supplies ice and heat services During 1941, the Company pun -
chased power from outside the State of Indiana of an amount of
approxnnately 15 percent gross and 85 4 percent net During the
same period, gross sales outside the State of Indiana amounted to
between 2 and 3 percent, while net sales amounted to less than 1 percent
of the total
The Company admits that it serves various concerns in the State of
Indiana which are engaged in interstate commerce, and further admits
that it is engaged in commerce within the meaning of the National
Labor Relations Act
II THE ORGANIZATIONS INVOLIVED
District No 50, United Mine Workers of America (Utility Divi-
sion) is a labor organization affiliated with the Congress of Industrial
Organizations It admits to membership employees of the Company.
International Brotherhood of Electrical Workers, Local B-9, is a
labor organization affiliated with. the American Federation of Labor.
It admits to membership employees of the Company
III THE ALLEGED QUESTION CONCERNING REPRESENTATION
- Although the Company, the U M W, and the I B E W stipulated
that a q &,Aion concerning representation had arisen ui that the Com-
pany had refused to negotiate with the U M. W,,a statement of the
Regional Director introduced in evidence at the hearing reveals the
following facts with regard to the claims of the petitioning labor
organizaLion The U M. W. submitted-408 authorization cards, all
bearing apparently genuine original signatures; 360 of the cards bore
signatures which corresponded to names of production and mainten-
ance employees on the Company's pay ,roll for April 28, 1942,- which
listed 1,319 suc&I employees Of the 408 cards, 26 bore signatures which
corresponded t,) names, on the same pay roll, of employees whom the
U M W c egards as supervisory, the pay r oll-fisted 162 such employees
The authorizations submitted by the U. M W thus represent desig-
nation b, approximately 27 percent of the employees in the production
and manitenance unit which it claims to be appropriate,-by approxr-
PUBLIC SERVICE COMPANY OF INDIANA, INC 641
mately 16 percent of the employees it considers supervisory, and by
approximately 26 percent of the employees in the unit at present
represented by the I B E W, which is larger than the proposed
U M W unit by the inclusion of the 162 employees whom the U- M W
alleges to be supervisory " The I B E W organized employees of
the Company in 1934 It has had formal agreements with the Com-
pany^ since 1937 The last contract was entered into on May 1, 1941,
for a fixed period of 1 year, to be continued thereafter from year to
year in the absence of notice by either party 60 days prior to the ex-
pii ation of any yearly period of a desire to terminate it Neither
the Company nor the I B E W has given such notice of a desue to
terminate the contract In view of-this bar gaining relationship be-
tween the I B E W and the Company over a period of several years,
we find that the apparent designation of the U M W by only 26
percent of the employees in the,unit-which the I _B E W presently
represents does not constitute such a showing of interest as to raise
a question concerning representation in the face -of the continuing
contractual relationship of the Company and the I B E W
, Since the-U M W has failed to show, that it represents a substan-
tial,nuniber . of employees in the unit at present -represented by -the
I - B E AV , we'find that no question has arisen concerning the repre-
sentation of employees of the Company , within the ineaning of Section
9 (c) of the National Labor Relations Act , ,
Y 1,
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 Public Service Com-
pany of Indiana, Inc, Indianapolis, Indiana, filed by District No 50,
United Mmes Workers of America (Utility Division) C I 0, be,
and it hereby is, dismissed
'Matter of Commander-Laiabee Milling Company and Local Industrial Union #1153,
affiliated with the Congress of Industrial Organizations, 41 N L R B 957, and cases cited
therein
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