Public Service Co. of Indiana, Inc.

National Labor Relations Board - Board Decisions

May 10, 1950

89 N.L.R.B. 1253 (N.L.R.B. 1950)

In the Matter of PUBLIC SERVICE COMPANY OF INDIANA, INC., EMPLOYER
and LOCAL UNION No. 1393, INTERNATIONAL BROTHERHOOD OF.ELEC-
TRICAL WORKERS, AFL, PETITIONER
Case No. 35-RC-304.-Decided May 10, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before William A.
McGowan, 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Mem-
bers Houston and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims to represent certain
employees 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. The appropriate unit :
In 1944, the Petitioner was certified as the representative of produc-
tion, operating, maintenance, and service employees of the Employer
in a unit that the Board in that year had determined was appropriate
for the purpose of collective bargaining.2 Since that time the Peti-
tioner has continuously represented those employees. The Petitioner
now seeks to add to the existing unit senior stockmen and stockmen
1 For the reasons indicated in paragraph 4, we hereby deny the Employer ' s motion to
dismiss the petition on the ground that it requests units that are inappropriate.
2 Public Service Company of Indiana; Inc., 56 NLRB 643.
89 NLRB No. 154.
1253
1254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
working in the Employer's storerooms; 3 in the alternative, the Peti-
tioner requests that these employees be established in a separate unit.
The Employer, a public utility engaged in supplying electricity and
electrical services to consumers in Indiana, opposes each of the Peti-
tioner's demands. It contends that stockmen are clerical employees.
who should not be combined with the nonclerical employees in the
existing unit, and further asserts that the establishment of stockmen
in a separate unit is precluded by the fact that they are only a small
segment of the Employer's approximately 670 clerical employees.
There are approximately 37 storerooms in the Employer's system
at which senior stockmen and stockmen are employed. They receive,.
have custody over, handle, and issue all materials used in connection
with the Employer's operations. In addition, they keep appropriate
records, and perform other clerical duties. The senior stockmen
divide their time about equally between physical and clerical duties;;
the stockmen spend about 20 or 30 percent of their working time in
performing clerical work, the balance being devoted to duties of a.
physical nature. Both categories of stockmen are supervised by store-
keepers. In the process of issuing materials, stockmen have dealings.
with other employees who are within the existing unit represented
by the Petitioner. Like all these other employees, the stockmen are.
paid an hourly wage and receive the same vacations.,
. In addition to the stockmen, typist-clerks 4 are employed in several.
of the Employer's stockrooms. The Employer would include the
typist-clerks with stockmen if either of the Petitioner's unit requests.
is granted; the Petitioner, however, takes a contrary position. The.
typist-clerks perform clerical duties connected with the operation.
of the storerooms. In storerooms which have no typist-clerks their
duties are performed by the stockmen and senior stockmen. Like.
stockmen, the typist-clerks are supervised by the storekeepers, and.
are paid an hourly wage; unlike stockmen, they have no duties which.
involve physical work.
We are of the opinion that the facts set forth above demonstrate-
that the interests of senior stockmen and stockmen are clearly aligned
with those of the employees in the unit presently represented by the
Petitioner, and that, for such reason they may properly be added to
the existing bargaining unit.5 - We are of the further opinion that the-
3 There are approximately 22 senior stockmen and, approximately 39 stockmen ' employed'
by the Employer.
4 There are approximately 10 typist -clerks employed by the Employer.
5 The Ohio Power Company, 86 NLRB 1181 , 80 NLRB 582 , 77 NLRB 316 ; The Laclede
Gas Light Company, 76 NLRB 199; Sierra Pacific Power Company, 56 NLRB 458. See-
General Petroleum Corporation , 83 NLRB 514 ; Phillips Chemical Company, 83 NLRB-
612; Standard Oil Company ( Indiana ), 80 NLRB 1275 ; Virginia Electric and Power Com-
pany, 66 NLRB 271.
PUBLIC SERVICE COMPANY OF INDIANA, INC. 1255
typist-clerks, because their duties are performed exclusively in con-
nection with storeroom matters, and are substantially the same as the
clerical duties performed by the stockmen, and because their imme-
diate supervision is the same as that of the stockmen, have a com-
munity of interest with stockmen that precludes their separation
from the latter employees for bargaining purposes. Accordingly,
we shall, by the election hereinafter directed, accord all senior stock-
men, stockmen, and typist-clerks in the Employer's stockrooms, ex-
-eluding storekeepers and other supervisors as defined in the Act, an
opportunity to express their desires as to whether they wish to be
added to the established unit now represented by the Petitioner. If
these employees select the Petitioner as their bargaining agent they
will be taken to have indicated a desire to be bargained for as a part
of the Petitioner's unit.
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
supervision 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 voting group described in paragraph numbered 4, above, who
were employed during the payroll period immediately preceding the
date of this Direction of Election, including employees who did not
work during said payroll period because they were ill or on vacation
or temporaily 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 bargain-
ing, by Local Union No. 1393, International Brotherhood of Electrical
Workers, AFL.