Seattle Gas Co.

National Labor Relations Board - Board Decisions

Sep 21, 1945

63 N.L.R.B. 1087 (N.L.R.B. 1945)

In the Matter of SEATTLE GAS COMPANY and INTERNATIONAL BROTHER-
IIOOD OF FIREMEN AND OILERS, AFL
Case No. 19-R-1566 .-Decided September 21, 19.45
Messrs. Lee Olwell, M . L. Cvllison, Dick Smith , and Leland Jones,
of Seattle , Wash ., for the Company.
Messrs. Lee Olwell , M. L. Cullison , Dick Smith , and Leland Jones,
the Firemen.
Mr. L. Presley Gill, of Seattle , Wash ., for the Engineers.
Mrs. Catherine W. Goldman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Firemen
and Oilers , AFL, herein called the Firemen, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Seattle Gas Company, Seattle, Washington , herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before John E. Hedrick, Trial
Examiner. The hearing was held at Seattle, Washington , on August
6,1945. At the hearing, the Trial Examiner granted a motion to inter-
vene made by International Union of Operating Engineers , Local 843,
affiliated with the American Federation of Labor, herein called the
Engineers . The Company, the Firemen , and the Engineers appeared
and participated. The Engineers moved to dismiss the petition on
the ground that a jurisdictional dispute existed between the Firemen
and the Engineers. The Trial Examiner reserved ruling on the motion
for the Board . The motion is hereby denied. All parties 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 an opportunity to file briefs
with the Board.
63 N. L . R B, No. 166.
1087
1088 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Seattle Gas Company, a Washington corporation, is a public utility
producing manufactured gas for consumption in the city of Seattle,
Washington. During the year 1944, the Company purchased oil at
a value of approximately $618,350, all of which came from outside the
State of Washington. In the manufacture of gas, the Company pro-
duces several byproducts used in the war effort. During the year 1944,
the Company produced benzol amounting in value to $34,000, all of
which was shipped outside the State of Washington, toluol amounting
in value to $47,600, all of which was shipped outside the State of
Washington, and xylol amounting in value to $3,500, all of which was
shipped outside the State of Washington. The Company supplies gas
service to war industries and commercial establishments serving war
workers in Seattle.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Brotherhood of Firemen and Oilers and International
Union of Operating Engineers, Local 843, both affiliated with the
American Federation of Labor, are labor organizations admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 15, 1940, the Company and the Engineers entered into
a. collective bargaining contract, covering the Company's power plant
employees. The contract was to be effective for a period of 3 years
and automatically renewable. from year to year thereafter, unless either
party should give written notice sixty (60) days prior to the expira-
tion date of any year, of a desire to change, the contract. In Novem-
ber 1941, and June 1942, the parties modified the contract with respect
to wages but did not alter either the term of the contract or the auto.
matic renewal provision. On January 14, 1943, when the expiration
date of the original term of the contract approached, the Engineers
notified the Company that it might desire to discuss provisions con-
cerning working. conditions which should be incorporated in the
agreement for the succeeding year. No negotiations took place as a
result of the Engineers' request, however, because, about the same time,
the Company received notice from its power plant employees that they
SEATTLE GAS COMPANY 1089
desired to negotiate directly with the Company. On February 8, 1943,
the Company received a letter from the employees stating that they
had conducted an election and selected the Firemen as their bargaining
agent. On March 5, 1943, a majority of the power plant employees
sent a letter to the Engineers 1 withdrawing their membership from
that oiganization and informing the Engineers that they did not wish
to be represented by it after the termination of the original term of the
contract. The employees mailed a copy of the letter to the Company.
The Engineers replied to the employees' letter on March 10, 1943,
refusing to accept their withdrawal. On March 16, 1943, H. B. Eckert,
an employee in the power plant, wrote the Engineers reasserting the
determination of the power plant employees to change their bargaining
representative. He sent a copy of this letter to counsel for the Com-
pany, who replied on March 18, 1943, and advised Eckert that the
Company did not desire to enter into a dispute between the Firemen
and Engineers.
Thereafter, the Company had a few discussions with Eckert and with
the representative of the Firemen and of the Engineers, but did not
negotiate with either labor organization. It did, however, negotiate
with the Gas Workers Union, Local #20222, affiliated with the Ameri-
can Federation of Labor,2 which represented all of the Company's
employees except those in the power plant. The representative of the
Engineers acted in an advisory capacity to the Gas, Workers in these
negotiations. On March 31, 1943, the power plant employees notified
the Company by a letter signed by Eckert, that the representative of
the Engineers did not represent them in any capacity and did not have
authority to act for them. Some time during the negotiations, how-
ever, about May or June 1943, the representative of the Engineers pre-
sented the Company with a petition signed by nine power plant em-
ployees 3 designating the Engineers as their bargaining agent. The
Company thereafter considered the negotiations with the Gas Workers
as applying to the Engineers, also, and the Engineers became a party
to a pending dispute which was later referred to the National War
Labor Board. The National War Labor Board issued a directive
order in the case on September 29, 1943. The provisions of this order
were carried out by the Company but were not incorporated in a
contract. Meanwhile, on June 29, 1943, the Firemen filed a petition
for investigation and certification of representatives with the Board.
The petition was dismissed by the Regional Office of the Board on
December 10, 1943.
1 There are approximately 19 employees in the power plant , 14 of whom signed the letter
of March 5, 1943.
2 This organization is herein referred to as the Gas Workers.
' Counsel for the Company testified that he believed there were 14 employees in the
power plant in June 1943.
1090 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
For approximately a year after these events of 1943, the Company
had little contact with either the Firemen or the Engineers, and no
negotiations took place. On September 11, 1944, a majority of the
power plant employees wrote the Company 4 declaring void all pre-
vious bargaining authorizations they had given and designating H. B.
Eckert as their sole representative. The Company advised Eckert
that it would not negotiate with him or any labor organization until
the dispute concerning the representation of the power plant em-
ployees was settled by the proper authority. Eckert, in behalf of
the power plant employees, on January 8, 1945, again wrote the Com-
pany expressing the employees' desire for an adjustment of the con-
troversy concerning their - representation. The Company replied to
Eckert's letter on January 11, 1945, informing him that although it
was inclined to believe that the contract with the Engineers had not
been automatically renewed on March 15, 1943, it did not feel certain
as to whether there was an existing contract with the Engineers and
therefore could not negotiate with any one until the representation
uestion was determined by the National War Labor Board or this
Eoard. On April 3, 1945, the Firemen notified the Company that
it was the authorized bargaining representative of the power plant
employees and requested the Company not to negotiate a contract
concerning these employees until the dispute as to their representa-
tion was settled. The Company wrote the Firemen on April 6, 1945,
repeating its doubt as to the bargaining agent of the power plant
employees. On May 9, 1945, the Firemen filed a petition in this
proceeding. On August 3, 1945, Eckert advised the Company that
he no longer represented the power plant employees and notified the
Board that he did not desire to intervene in the pending proceeding.
The Engineers contends that its contract with the Company con-
stitutes a bar to a present determination of representatives, because
the Firemen did not give the Company formal notification of its
representation claims until after the operative date of the automatic
renewal provision of the contract. The facts discussed above, how-
ever, cast doubt upon the existence of the contract since March 15,
1943. The Company itself has expressed its lack of certainty as to
the status of the contract. In any event, it is clear that since Feb-
ruary 1943, by reason of letters from the power plant employees,
Eckert, and the Firemen, and the Firemen's formal petition before
the Board in 1943, the Company has been cognizant of a dispute con-
cerning the representation of its power plant employees. Immediately
prior to the 1945 effective date of the automatic renewal clause of the
contract with the Engineers, the Company was made aware of the
continuing existence of the question concerning the bargaining agent
4 Eighteen of the power plant employees signed the letter of September 11, 1944.
SEATTLE GAS COMPANY 1091
of its power plant employees by Eckert's letter of January 8, 1945.
Under these circumstances, we are of the opinion that the contract
between the Company and the Engineers cannot operate as a bar to
a present. investigation and certification of representatives."
A statement of a Board agent introduced into evidence at the hear-
ing indicates that the Firemen and the Engineers each represents a
substantial number of employees in the unit hereinafter found
appropriate.','
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. T)lE APrROPI',L%Tr: UNIT
We find that all power plant employees, excluding the chief engineer
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect chtinges in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.7
V. THE DETER)1INATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
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,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
5 See Matte), of El Paso Electric Company, 50 N. L R B 56
The Field Examiner reported that the Firemen submitted 14 application cards, 13 of
which bole the names of persons appearing on the Company's pay roll of April 30, 1945,
and that the Cards were dated as follows 1 in May 1945 ; 9 in December 1944, 3 in
November 1944; and 1 in May 1944, There are approximately 19 employees in the unit
alleged to be appropriate by the Firemen
The Engineers submitted a list of membership under oath of its business agent The
list contained the names of 9 poisons who appeaied on the Company's pay roll of April 30,
1945. Of these persons, 6 were members in good standing, 2 were 3 months in arrears, and
1 was in the armed forces.
T This unit, concerning which the parties are in agieement, is substantially the same as
that covered by the contract between the Company and the Engineers,
662514--46-vol 63-70
1092 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Seattle Gas Com-
pany, Seattle, Washington, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Nineteenth Region,, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during the
said pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
any who have since quit or been discharged for cause and have not been
rehired ,or reinstated prior to the date of the election, to determine
whether they desire to be represented by International Brotherhood
of Firemen and Oilers, or International Union of Operating Engineers,
Local 843, both affiliated with the American Federation of Labor, for
the purposes of collective bargaining, or by neither.