Southern Indiana Gas and Electric Co.

National Labor Relations Board - Board Decisions

Nov 12, 1942

45 N.L.R.B. 543 (N.L.R.B. 1942)

In the Matter Of SOUTHERN INDIANA GAS AND ELECTRIC Co., and IN-
TERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION
No. B-702, AFFILIATED WITH TILE AMERICAN FEDERATION OF LABOR
Case No. R-4417.-Decided November 12, 19%
Jurisdiction : electric, steam, artificial and natural gas, and motor bus utility
industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to recognize rival union when Board had previously certified a union
with which Company was in process of renewing former contract about to
expire; election necessary.
Unit Appropriate for Collective Bargaining : previously-declared appropriate
unit consisting of production, transmission, and distribution employees of
gas and electric public utility company, excluding supervisory, office and
clerical workers, armed guards, and bus operators and bus garage employees
covered by separate contract, held appropriate.
Ortmeyer, Bamberger cC Ortmeyer, by Mr. Fred P. Bamberger, of
Evansville, Ind., for the Company.
Mr. James O. Jones, of West Frankfort, Ill., for the I. B. E. W.
Mr. Louis Rosenberg, of Indianapolis, Ind., for the Independent.
Mr. Seymour J. Spelnzan, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by International
Brotherhood of Electrical Workers, Local Union No. B-702, affiliated
with the A. F. of L., herein called the I. B. E. W., alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Southern Indiana Gas and Electric Co., Evans-
ville, Indiana, herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Frank M. Kleiler, Trial Examiner. Said hearing was held
at Evansville, Indiana, on October 20, 1942. The Company, the
I. B. E. W., and Independent Utility Workers Union, Local No. 1,
Inc., herein called the Independent, appeared, 'participated, and were
afforded full opportunity to be heard, to examine and cross-examine
45 N L R B, No 79.
543
514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
witnesses, and to introduce evidence bearing on the issues. The
Trial Examiner's rulings made at the hearing are free from prejudi-
cial error and are hereby affirined.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Southern Indiana Gas and Electric Co., an Indiana corporation
having its principal office and place of business in Evansville, Indiana,
-is engaged in the manufacture, sale, and distribution of electricity,
steam, artificial and natural -gas, and in the operation of motorbusses.
In the conduct of its business the Company purchases electrical
appliances, commercial equipment, pipes, poles, power-generator
equipment, coal, and other Inaterials, a considerable portion of which
is shipped to its plant in Indiana from places other than the State
of Indiana.
The Company sells electrical current to various railroads, telegraph
companies, radio stations, and industrial corporations which are
engaged in and constitute instrumentalities of commerce, within the
meaning of Section 2 (6) and (7) of the National Labor Relations
Act.'
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, Local Union
No. B-702, is a labor organization affiliated with the American Feder-
ation of Labor, admitting to membership employees of the Company.
Independent Utility Workers Union, Local No. 1, Inc., is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
After a period of organizational activity among the operation
and maintenance employees of the Company,, the I. B. E.- W., in a
letter to the Company dated June 4, 1942, claimed.to represent a
majority of these employees and requested a conference to negotiate
a collective bargaining agreement. The Company replied that it was
in the process of negotiating a renewal of a contract with the Inde-
pendent, which had been certified by the Board in May 1941,2 as the
exclusive representative of all production, transmission, and distribu-
tion employees.3 The unit of employees which the I. B. E. W. then
claimed to represent was smaller than the unit certified by the Board
I In accoidance with the agreement of the Company , the facts concerning the nature of
the Company 's business ate taken from a previous Board Decision , 28 N L R B. 960.
a 31 N L R B. 390
This contract expired on August 31 , 1942, having been in effect since September 1941.
SOUTHERN INDIANA GAS AND ELECTRIC CO. 545
and incorporated in the contract with the Independent. Thereafter,
the-I. B. E. W. amended its petition to conform with the prior certifi-
cation and contract unit,, but did not notify the Company of its
majority claim in the broader unit. However, the Company was
informed by an agent of the Board of the I. B. E. W.'s claim in the
broader unit and, at the hearing, the Company stated that it would
riot recognize'the I. B. E. W. as the representative of the employees
in that unit. There was no contract in effect at the time of the hear-,
ing. _
A statement of the Acting Regional Director, introduced in evidence
at the hearing, and a statement of the Trial Examiner, made at the
hearing; show that the I. B. E. W. and the Independent represent a
substantial number of employees in the unit hereinafter found appro-
priate 4 \ '
We'find that a question affecting commerce has arisen concerning
the representation..of employees of the Company, within,the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT `
We find, in accordance with a stipulation of the parties; that all
production, transmission, and distribution employees of the Com-
pany, excluding supervisory, office and clerical employees, armed
guards, and all employees covered by the contract between the Com-
pany and the Amalgamated Association of Street and Electric Rail-
way and Motor Coach Employees of,America, covering bus operators
and bus garage employees, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9- (b)
of the Act.'
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 the Direction of
Election, herein, subject to the limitations and additions set forth
in the Direction. ,
' The Acting Regional Director stated that the I B. E . W submitted 84 signed member-
ship cards and 6 dues cards, all dated in 1942. All the signatures on membership cards
appear to be genuine and original , Seventy-seven of the 84 signatures are names of
persons on the Company's pay roll of August 15, 1942 , and 3 of the 6 names on the dues
cards appear on the same pay roll , which pay roll lists 228 names in the alleged appro-
priate unit The Independent submitted 153 signed cards authorizing check-off of union
dues, and all bearing apparently 'genuine original signatures . Of these, 139 bear names
of employees on the pay roll of August 15, and , except for 4 undated cards, dates in July,
.August, and October 1942 1
This is the unit for which the Independent was certified by the Board in May 1941
and covered by the contract «ith the Independent.
493508-43-vol . 45--35
546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
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 Re-
lations 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 Indiana
Gas and Electric Co., Evansville , Indiana, 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, super-
vision of the Regional Director for the Eleventh Region, acting in
this matter as agent ,for the National Labor Relations Board and sub-
ject ,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 preced-
ing the date of this Direction , including any such employees who did
not work during said pay -roll period because they were ill or on va-
cation or in the active military service or training of the United
States, or temporarily laid off , but excluding any who have since
quit or been discharged for cause , to determine whether they desire
to'be represented by International Brotherhood of Electrical Workers,
Local Union No. B-702, affiliated with the A . F. of L. or by Independ-
ent Utility Workers Union, Local No. 1, Inc., for the purposes of col-
lective bargaining, or by neither.
MR. WM . M. LEISERSON took no part in the consideration of the
above Decision and Direction of Election.