Southern California Edison Co., Ltd.

National Labor Relations Board - Board Decisions

Jul 2, 1943

51 N.L.R.B. 9 (N.L.R.B. 1943)

In the Matter of SOUTHERN CALIFORNIA EDISON COMPANY, LTD. and
UTILITY WORKERS ORGANIZING COMMITTEE LOCAL 246, CIO
In the Matter of SOUTHERN CALIFORNIA EDISON COMPANY , LTD. and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION
B18, AFL
In the Matter of SOUTHERN CALIFORNIA Enisoi COMPANY , LTD. and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION
B18, AFL
Cases Nos. R-5430 to R-51132 inclusive, respectively.-Decided
July 2, 1943
Gibson, Dunn & Crutcher, by Mr. J. Stuart Neary, of Los Angeles,
Calif., for the Company.
Messrs. Ben Margolis and James L. Dougherty, of Los Angeles,
Calif., for the U. W. O. C.
Messrs. David Sokol and M. B. Keeton, of Los Angeles, Calif., for
the I. B. E. W.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by Utility Workers Organizing Com-
mittee Local 246, CIO, herein called the U. W. O. C., and International
Brotherhood of Electrical Workers, Local Union B18, AFL, herein
called the I. B. E. W., alleging that questions affecting commerce had
arisen concerning the representation of employees of Southern Cali-
fornia Edison Company, Ltd., Los Angeles,' California, herein called
the Company, the National Labor Relations Board consolidated the
cases and provided for an appropriate hearing upon due notice before
William B. Esterman, Trial Examiner. Said hearing was held at
Los Angeles, California, on May 12, 13, 14, 17, and 20, 1943. The
Company, the U. W. O. C., and the I. B. E. W. appeared, participated,
51 N. L. R. B., No. 3.
9
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 hereby affirmed . All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Southern California Edison Company , Ltd., a California corpo-
ration, is engaged in the business of generating , distributing , and sell-
ing electric power. During 1942, the Company purchased supplies,
material, equipment and machinery valued in excess of $3,400,000, of
which in excess of $2,200,000 represented purchases from points outside
the State of California . During the same period , the total sales of
the Company amounted to more than $50,000,000 . No electric,power
is directly sold or shipped outside the State of California . The Com-
pany delivers wholesale electric power to other cities and companies,
including specifically the Pacific Gas & Electric Company, to which the
Company delivered in excess of $2,500,000 worth of electric power
during 1942 . The total wholesale electric power so delivered to the
cities and companies is in excess of $3,400,000.
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 Local 246 , affiliated with
the Congress of Industrial Organizations , is a labor organization ad-
mitting to membership employees of the Company.
International Brotherhood of Electrical Workers, Local Union B18,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The U. W. O. C. and the I. B. E. W . requested the Company to
recognize them as the exclusive bargaining representative of employees
,of the Company each claims to represent . The Company refused on
the ground that the units sought are inappropriate , and further re-
fused to recognize them unless and until they are certified by the
Board.
A statement of a Field Examiner of the Board, introduced in evi-
dence at the hearing indicates that the U . W. O. C. represents a sub-
S'OUTHEIRN CALIFORNIA EDISON COMPANY, LTD. 11
stantial number of employees in the unit hereinafter found to be
appropriate.'
In view of the fact that we hereinafter find that the employees in
the Huntington Beach and Santa Ana Districts do not constitute an
appropriate unit or units for the purposes of collective bargaining,
we find that no question has arisen concerning the representation of
those employees of, the Company.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company in the Long Beach
Steam Plant, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the Act.
IV. THE APPROPRIATE UNIT
The U. W. 0. C. contends that all non-supervisory employees of the
Long Beach Steam Plant constitute an appropriate unit. The I. B.
,E. W. contends that all production and maintenance employees of the
Huntington Beach and Santa Ana Districts constitute either separate
appropriate units, or a single appropriate unit. The Company main-
tains that the only appropriate unit is system-wide. Both the U. W.
O. C. and the I. B. E. W. are continuing organization throughout the
Company's system, and both concede that ultimately the system-wide
unit is the most appropriate.
As heretofore stated, the Company is engaged in the business of
generating, distributing, and selling electric power. Its general offices
are located in Los Angeles, where its general policies are determined
and the executive control of the Company is centered. Hiring of em-
ployees must be cleared through and authorization obtained from the
1 The Field Examiner reported that the U. W. 0 C presented 109 application cards
dated between July 1942 and February 1943, all bearing apparently genuine signatures.
Of the 109 cards submitted , 94 bear the names of persons whose names appear on the
Company's pay roll of February 28, 1943 , which lists 152 employees in the unit (Long
Beach Steam Plant), claimed appropriate by the U. W 0 C The I. B E W submitted
no evidence of membership in this unit
2 Statements of the Field Examiner , also introduced in evidence at the hearing , indicate
that the I B. E W. represents a substantial number of employees in the units it claims
to be appropriate The Field Examiner reported that the I . B. E W presented a sworn
list of 20 members in good standing as of April 1, 1943 ; 10 of the names of persons
appearing on the Company's pay roll of February 28, 1943 Said pay roll lists 31 em-
ployees within the unit ( Huntington Beach District ) claimed appropriate by the I B E W.
There are however , on this pay roll 20 duplicates of names appearing on the pay roll for
the Santa Ana District ; if these 20 were excluded the I . B E. W 's showing would be 8
on a pay roll of 11. The U. W. O. C. did not present any evidence of membership in
this unit.
The Field Examiner also reported that the I B. E. W presented a sworn list of 22
members in good standing as of April 1, 1943 , 19 of the navies are the names of persons
appearing on the Company 's pay roll of February 28, 1943 Said pay roll lists 56 em-
ployees within the unit (Santa Ana District ) claimed appropriate by the I. B E W.
There are however , on this pay roll 20 duplicates of names appearing on the pay roll for
the Huntington Beach District ; if these 20 were excluded the I B E. W.'s showing
would be 17 on a pay roll of 36. The U. W 0. C. did not present any evidence of
membership in this unit.
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
general offices. The pension, vacation, sick leave, and medical plans,
which are general as to all employees, are determined by the general
offices. Classifications are determined and set up by the general offices,
and employees doing similar work come within a single job classifica-
tion and receive the same pay. There is a central load dispatcher who
is responsible for the continuity of the service over the entire system,
especially with regard to transmission. The Cc',.'ipany maintains a
Shop and Test Department, as well as a construction division, the
employees of which work throughout the system. However, the var-
ious departments have their administrative heads. Although there
is an interchange of employees throughout the system, this occurs
usually when a crew of one department which is highly skilled in a
specialized type of work will be loaned to other departments which
do not have such skilled workers, and when in order to meet an emer-
gency in any department, or when there is any large job to be per-
formed, necessary men will be drawn from all parts of the system.
The duties, responsibilities, and functions of employees within most
of the Company's departments are principally confined to those de-
partments.
The Long Beach Steam Plant is a combination generating and dis-
tributing plant and is the Company's only plant in which electricity
is generated through steam process. This plant covers 43.5 acres, and
is physically separate from the Company's other plants and opera-
tions. It supplies power to the local area by means of underground
cables, and underground and overhead distribution lines feeding out
of the plant and controlled in the plant. It also supplies power to the
adjacent naval base at the Ford plant, and other industries close by,
including a wholesale line to the Pacific Electric Railway. The Long
Beach Steam Plant does not generate 24 hours a day, but is primarily
a standby plant to the Hydro-plants at Big Creek and Boulder Dam.
An assistant superintendent of Steam Generation is in charge of the
plant, and he, in turn, is responsible to the superintendent of Steam
Generation located at the general offices. The operational functions
consist of manning the boiler equipment, turbine equipment, and elec-
trical equipment in a manner to insure reliable flow of electrical en-
ergy from the plant. The employees who appear on the pay roll for
this plant are permanent employees of the plant, and it appears that
transfers from the plant are few and infrequent. Although the record
discloses that the Long Beach Steam Plant is part of the Company's
integrated utility system, it is clear from the facts set out above that
the Long Beach Steam Plant can function effectively as a separate unit
for the purposes of collective bargaining.
The Company and the U. W. 0. C. are in disagreement with respect
to the head boiler operators,,and the head turbine operators. The
SOUTHERN CALIFORNIA EDISON COMPANY, LTD. 13
U. W. 0. C. would include them in the unit on the ground that they
are non-supervisory employees, whereas the Company would exclude
them from the unit on the ground that they are supervisory employees.
There are five head boiler operators, one on each of three shifts and
two on relief. The head boiler operator is responsible for the opera-
tions of the boiler room. He keeps the boiler room log and sometimes
writes up a few work orders on equipment which needs repairing. At
times he assists the boiler operators, and engages in some general
"housecleaning." He checks the boiler room to ascertain whether ev-
erything is operating normally. He receives his orders from the watch
engineer, who is his immediate supervisor. He instructs employees
on his shift when those employees are not familiar with the work in-
volved. He has the authority to recommend, jointly with the watch
engineer, the discharge, promotion, or transfer of employees on his
shift.
There are also five head turbine operators, and the general nature of
their duties and authority are similar to those of the head boiler opera-
tors. The head turbine operators receive instructions with respect to
work schedules from the turbine room foremen, and the watch engi-
neer. We conclude that the head boiler operators and the head turbine
operators are supervisory employees, and shall exclude them from
the unit.
We find that all non-supervisory employees of the Company at the
Long Beach Steam Plant, excluding the head boiler operators and the
head turbine operators, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act. However, our finding in this respect does not preclude a later
determination that a larger unit is appropriate in the event organiza-
tion is extended to the employees in the other departments.
The Company's distribution system, which engineers, designs, con-
structs, operates, and maintains the Company's electrical system, is set
up into 31 districts, known as EDS districts. The functions of an
EDS District are to maintain, operate, and construct the distribution
lines for the maintenance of service at the consumer's premises. The
Substation Department and the EDS Districts are functionally re-
lated. The Substations, which either ""step up" or "break down" volt-
ages for local distribution to wholesale and retail consumers, are
organized into 6 geographical divisions. The substation divisions
include geographically 4 or 5 EDS Districts. The Southern and Long
Beach Division embraces the Long Beach, Huntington Beach, Santa
Ana, and Fullerton Districts, and part of the Compton and Whittier
Districts. Several years ago, the distribution department was organ-
ized on the same geographical basis, and although those divisions no
longer exist, the pay roll and accounting for the districts are on a
14 DECISIONS OP NATIONAL LABOR RELATIONS BOARD
divisional basis. 'There are certain classifications of employees in the
substation, transmission, and communication departments included in
the EDS Districts. These employees are not on the pay roll of the
EDS District, but on the pay rolls-of their respective department's,
and the duties of these employees are confined to a division rather
than to an EDS District. In fact, the record clearly indicates that
the persons in those classifications employed in the Huntington Beach
District are the same persons employed in the Santa Ana District. It
is also equally clear that due to the flexibility of the distribution
system, in order to take care of the additions on the system, the duties
of the employees assigned to distribution functions are not confined to
one district. In fact, they normally work in several districts within
the division.
At the hearing, the I. B. E. W. in effect conceded that the units
sought to be established by it are not the most appropriate for the
purposes of collective bargaining, but contended that if the unit pro-
-posed by the U. W. 0. C. is determined appropriate by the Board, the
I. B. E. W. should be accorded "equal treatment."' However, as pre-
viously stated, it is clear that the unit proposed by the U. W. 0. C. can
effectively function as a separate unit for the purposes of collective
bargaining, although that unit might properly at a later date lend
itself to inclusion in a unit of wider scope; whereas, the facts set forth
above indicate that the units proposed by the I. B. E. W. are inappro-
priate in a functional and operational sense, and are more properly
susceptible of inclusion in units of a wider scope. We are convinced,
therefore, that the units petitioned for by the I. B. E. W. are not
appropriate, either separately or in combination.3 We shall, there-
fore, dismiss the petitions in Cases Nos. R-5431 and R-5432.
V. THE DETERMINATION 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 our Direction of Election
herein, subject to the limitations and additions set forth in said
Direction. At the hearing, the I. B. E. W. expressed a desire to par-
ticipate in any election which the Board might direct among the
employees in the unit found appropriate herein, although it did not
submit any evidence to indicate the extent of its interest among those
employees. The U. W. 0. C. agrees that the I. B. E. W. should be
accorded a place on the ballot, and in view of the I. B. E. W.'s con-
tinuing organizational efforts among the Company's employees, we
3 We do not now decide that only a system -wide distribution unit is appropriate ; the
record indicates that divisional distribution units might be appropriate.
SOUTHERN CALIFORNIA EDISON COMPANY, LTD. 15
shall accordingly provide that the I. B. E. W. participate in the elec-
tion among the employees in the Long Beach Steam Plant.
V
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Southern Cali-
fornia Edison Company, Ltd., Los Angeles, California, an election
by secret ballot shall be conducted 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 Twenty-
first Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Section 10, 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 employ-
ees who did not work during 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 those employees who have since
quit or been discharged for cause, to determine whether they desire
to be represented by Utility Workers Organizing Committee Local
246, CIO, or by International Brotherhood of Electrical Workers,
Local Union BI&, AFL, for the purposes of collective bargaining,
or by neither.
ORDER
Upon the basis of the foregoing findings of fact, the National
Labor Relations Board hereby orders that the petitions for investiga-
tion and certification of representatives of employees of Southern
California Edison Company, Ltd., Los Angeles, California, filed by
International Brotherhood of Electrical Workers, Local Union B18,
AFL, be, and they hereby are, dismissed.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision, Direction of Election and Order.