Southern Wyoming Utilities Co.

National Labor Relations Board - Board Decisions

Dec 14, 1954

110 N.L.R.B. 1490 (N.L.R.B. 1954)

1490 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that it offer him immediate and full reinstatement to his former or substantially
equivalent position, without prejudice to his seniority and other rights and privileges,
and make him whole for any loss of pay he may have suffered as a result of the dis-
crimination against him by payment to him of a sum of money equal to the amount
he would normally have earned from the date of such discrimination to the date of
offer of reinstatement, less his net earnings during such period, the back pay to be
computed on a quarterly basis in the manner established by the Board in F. W. Wool-
worth Company, 90 NLRB 289. It will also be recommended that the Respond-
ent preserve and upon reasonable request make all pertinent records available to
the Board or its agents.
In view of the nature of the unfair labor practices committed, the commission by
the Respondent of similar and other unfair labor practices may be anticipated-par-
ticularly in the event employees now on strike should seek reemployment. The
remedy should be coextensive with the threat. It will therefore be recommended
that the Respondents cease and desist from infringing in any manner upon the rights
guaranteed in Section 7 of the Act.
Upon the basis of the foregoing findings of fact, and upon the entire record in
the case, the Trial Examiner makes the following:
CONCLUSIONS OF LAW
1. Amalgamated Food Employees Union, Local 590, Amalgamated Meat Cutters
and Butcher Workmen of North America, AFL, is a labor organization within the
meaning of Section 2 (5) of the Act.
2. By discriminating in regard to the hire and tenure of employment of Remo
Iannacchione, and thereby discouraging membership in the above-named labor or-
ganization, the Respondent has engaged in and is engaging in unfair labor practices
within the meaning of Section 8 (a) (3) of the Act.
3. By interfering with, restraining, and coercing employees in the exercise of
rights guaranteed in Section 7 of the Act, the Respondent has engaged in and is
engaging in unfair labor practices within the meaning of Section 8 (a) (1) of the
Act.
4. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication.]
SOUTHERN WYOMING UTILITIES COMPANY and Louis JOHNSTON. Case
No. 30-CA-3415. December 14,1954
Decision and Order
On February 18, 1954, Trial Examiner Herman Marx issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
take certain affirmative action as set forth in the Intermediate Report.
Thereafter, the Respondent filed exceptions to the Intermediate Re-
port and a brief in support of the exceptions.
The Respondent contends that the Board should not assert jurisdic-
tion herein. We agree. The Board has considered the jurisdictional
issues and finds, for the reason set forth below, that it would not ef-
fectuate the policies of the Act for the Board to assert jurisdiction
in this case.
The Respondent, a Wyoming corporation and a subsidiary of the
Union Pacific Railroad Company with its principal place of business
110 NLRB No. 190.
CONTINENTAL CAN COMPANY, INC. 1491
at Rock Springs, supplies electricity and water to various Wyoming
townships, the Railroad Company, and miscellaneous domestic, agri-
cultural, commercial, and industrial users, all within the State of
Wyoming. In 1952 the Respondent's total sales amounted to ap-
proximately $1,112,991. Of this total, about $138,436 represented
sales to the Railroad Company and about $974,555 was from sales to
the Respondent's remaining customers.
It is clear from the foregoing facts that the Respondent is a local
public utility. The Board has recently held in the Greenwich Gas Co.
case,' that it would assert jurisdiction over local public utilities only
when such utilities have sales of at least $3,000,000 annually. As the
standards in that case constitute the only basis for the assertion of
jurisdiction over local public utilities and as the figures in the present
case do not meet such standards, we shall for that reason and without
otherwise considering the merits in this case, dismiss the complaint in
its entirety.
[The Board dismissed the complaint.]
1 The Greenwich Gas Company and Fuels, Incorporated, 110 NLRB 564. Although Mem-
hers Murdock and Peterson dissented in this case, they deem themselves bound by the
decision therein.
CONTINENTAL CAN COMPANY, INC. and INTERNATIONAL ASSOCIATION OF
MACHINISTS DISTRICT LODGE 115, AFL,' PETITIONER
CONTINENTAL CAN COMPANY, INC. and UNITED STEELWORKERS OF
AMERICA, CIO,2 PETITIONER . Cases Nos. 20-RC-2625 and 20-RC-
2626. December 14, 1954
Decision and Direction of Elections
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, a consolidated hearing was held before James A. Harley,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in this case the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.'
1 Herein called the Machinists.
2 Herein called CIO.
3 International Brotherhood of Pulp, Sulphite and Paper Mill Workers and Its Local
Union 764, AFL, herein referred to as Pulp Sulphite, intervened at the hearing on the basis
of a contract interest. Printing Specialties and Paper Products Union, affiliated with the
-International Printing Pressmen 's and Assistants ' Union of North America, AFL , herein
called Printers, intervened on the basis of a representative interest.
110 NLRB No. 223.