The Appalachian Electric Power Co.

National Labor Relations Board - Board Decisions

Jul 30, 1943

51 N.L.R.B. 861 (N.L.R.B. 1943)

In the Matter of THE APPALACHIAN ELECTRIC POWER COMPANY and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, A. F. OF L.
Cases Nos. R-5654 to 5656 inclusive. Decided July 30, 1943
Mr. Mark T. Valentine, of Logan, W. Va., Mr. Edmund Preston, of
Richmond, Va., and Mr. Harry Scherr, of Huntington, W. Va., for the
Company.
Mr. James Preston, of Washington, D. C., Mr.1ra Braswell, of Win=
chester, Ky., and Mr. W. H. Wilson, of Akron, Ohio, for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by International Brotherhood of Elec-
trical Workers, A. F. of L., herein called the Union,' alleging that
questions affecting commerce had arisen concerning the representation
of employees of The Appalachian Electric Power Company, Charles-
ton and Huntington, West Virginia, herein called the Company, the
National Labor Relations Board consolidated the petitions and pro-
vided for an appropriate hearing upon due notice before William J.
Shooer, Trial Examiner. Said hearing was held at Huntington, West
Virginia, on July 9, 1943. The Company and the Union 2 appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Union made a motion at the hearing to consolidate
the units sought in the petitions involving the generating plant at
Kenova, West Virginia, and the Huntington District at Huntington,
West Virginia. The Company made no objection to the above motion,
which was thereupon granted by the Trial Examiner. The Trial Ex-
1 Said petitions were filed on behalf of Local Unions Nos . B-1082 and B-1119 of the
International.
2 Both Utility Workers Organizing Committee , C. I. 0., and Appalachian Electric Power
Company Employees Association , an unaffiliated organization , received informal notice
of the hearing but made no appearance or in any other way indicated their desire to
intervene.
51 N. L. R B., No 133.
861
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862 D'ECLSPONS OF -NATIONAL LABOR RELATIONro BOARD
aminer's rulings made at the hearing are free from prejudicial error
and are 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
I. THE BUSINESS OF THE COMPANY
1
The Appalachian Electric Power Company, a Virginia corporation
with its principal office located at Roanoke, Virginia, is engaged in the
production, transmission, and distribution of electric power in the
States of West Virginia and Virginia. In both of these States, the
Company operates several generating plants, connected by a 130,000-
volt transmission line, which extends from the Ohio River where it
joins with the line of the Ohio Power Company, south to Logan, West
Virginia, and thence eastward to Lynchburg, Virginia. This trans-
mission line acts as the power pool into which all the generating plants
of the Company pour power to make up a supply which flows across
two States, and which is taken off as needed at the various substations
of the Company and distributed to its customers. The properties of
the Company involved herein are the Cabin Creek generating plant,
the Kenova generating plant, and the Huntington District other than
the Kenova generating plant. The Company admits that it is en-
gaged in commerce within the meaning of the National Labor Rela-
tions Act.
II. THE ORGANIZATIONS INVOLVED
Local Unions Nos. B-1082 and B-1119, International Brotherhood
of Electrical Workers, are labor organizations affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company admits, the receipt of a letter from the Union re-
questing recognition as the bargaining representative of its employees
in the units set out in the three petitions involved herein. It refuses
to deal with any labor organization unless there is a certification by the
Board.
Statements of the Field Examiner introduced into evidence at the
hearing indicate that the Union represents a substantial number of
employees in the units hereinafter found appiopriate.8
8 With regard to the Cabin Creek generating plant, the Field Examiner reported that
the Union submitted 167 designation cards, of which 156 bore apparently genuine and
original written signatures , and 11 bore printed signatures . One hundred and twenty of
the 156 written and 10 of the 11 printed signatures are the names of persons appearing
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THE APPALACHIAN ELECTRIC POWER COMPANY 863
We find that questions affecting commerce have 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. THE APPROPRIATE UNITS
1. The Cabin Creek generating plant
Both the Company and the Union stipulated that all employees of
the Company engaged at its Cabin Creek generating plant, excluding
clerical and accounting employees, professional and technical em-
ployees, supervisors and foremen, executives, watchmen and janitors,
temporary employees, stores employees, part-time and intermittent
employees, and the clubhouse matron and her assistant, constitute an
appropriate unit. The parties disagree with regard to the inclusion.
of those employees engaged as dispatchers and "duration" employees,
whom the Company would exclude and the Union include.
Dispatchers. The company employs at its Cabin Creek generating
plant four persons whom the Company classifies as dispatchers, but
whom the Union- calls operators, who are under the supervision of a
chief dispatcher.4 These persons operate the switchboard and control
the switching of power necessary to maintain service at the various
localities serviced by the Company. They issue orders to the distribu-
tion employees and load setters at the various locations in the Charles-
ton District; they also direct line crews and trouble men to points
where repairs are needed. In addition they perform clerical func-
tions, mainly with regard to records covering interruptions in service.
They have no authority to issue any construction or replacement order.
All of these duties are performed in connection with the balancing of
the load on the transmission lines. They do not issue any instructions
or orders on their own discretion, but merely follow instructions as
laid out for them as part of their duties, or act as conduits through
upon the Company's pay roll of June 9, 1943 This pay roll contained 194 names of
employees in the appropriate unit
With regard to the Kenova generating plant, the Field Examiner reported that the
Union submitted 33 designation cards, of which 31 bore apparently genuine and original
written signatures , and 2 bore printed signatures . Thirty of the written and 1 of the
printed signatures are the names of persons appearing on a current pay roll of the Com-
pany , which contained 67 employees in the unit originally claimed appropriate.
With regard to the remainder of the Huntington District , the Field Examiner reported
that the Union submitted 35 designation cards, of which 32 bore apparently genuine and
original written signatures , and 3 bore printed signatures . Twenty-five of the written
and 2 of the printed signatures are the names of persons appearing on a current pay roll
of the Company . This pay roll contained 40 persons in the unit originally claimed
appropriate.
As noted heretofore ( see also Sec . IV, infra ), the Union consolidated the units sought
in Cases Nos . R-5655 and R-5656, thus including within one unit employees of the
Huntington District , including the Kenova generating plant.
* Both parties are agreed that the chief dispatcher shall be excluded from the unit;
inasmuch as be is a supervisor.
864 DECISION'S OF NATIONAL LABOR RIELAT1ONS BOARD
which information is transmitted. The Company characterizes these
four employees as supervisors and working foremen, contending that
they supervise four women in the control room who are being trained
for additional duties, and that in the future the dispatchers will super-
vise switchboard operators as well as the above-mentioned women.
The record discloses, however, that at the present time the dispatchers
perform the duties of the switchboard operators, which takes up ap-
,proximately 50 percent of their time. We have heretofore included
dispatchers within an industrial unit similar to that requested by the
-Union herein,5 and we shall include them within the unit of employees
of the Cabin Creek generating plant hereinafter found appropriate.
Duration employees. The Company would exclude both temporary
and "duration" employees. The union agrees with the Company that
tall temporary employees should be excluded, but seeks-t?o include those
employees characterized by the Company as "duration" employees.
These employees; when hired; were, told that their employment would
terminate upon the return of their predecessors from.the army. -In
all other respects they are regular employees.' If we were to agree
with the Company's contention, we would be depriving these employees
of the right to select a bargaining representative for an indefinite
period. Such a decision would not be in keeping with the spirit of
the Act, and accordingly, we shall include duration employees within
the unit.
2. The Huntington District
As hereinabove indicated, the Union made a motion to consolidate
the units requested by it covering the employees in the Huntington
District, which was granted by the* Trial Examiner. The parties
stipulated that all employees in the Huntington District of the
Huntington, West Virginia division of the Company, including those
employees engaged at the Kenova generating plant, but excluding all
clerical and accounting employees, professional and technical em-
ployees, supervisors and forremen, executives; watchmen and janitors,
sales employees, part-time and intermittent employees, temporary em-
ployees, and storeroom and warehouse employees, constitute an appro-
priate unit. The parties disagree with regard to the inclusion of
,garage mechanics and car washers in the Transportation Department
of the Company located in the Huntington District, the Company con-
tending that they should be excluded, whereas the Union would include
them.
E See Matter of Consumers Power Company, 44 N. L. R. B. 626; Matter of Pacific Gas
and Electric Company, 40 N. L. R. B . 592, at 603. In another proceeding similar to the
one herein , involving the Union and another division of the Company, dispatchers were
not excluded from the industrial unit therein established . See Matter of The Appalachian
Electric Power Company, 38 N. L. R. B. 630.
THE APPALACHIAN ELECTRIC POWER COMPANY 865
The record discloses that the garage mechanics and washers repair
and maintain the transportation equipment used by the Company in its
Huntington, Logan, and Williamson Districts, and in districts of the
Kentucky and West Virginia Power Company, located in Kentucky,
as well as in other affiliated companies. The Transportation Depart-
ment has its own superintendent who supervises the operation of all
automotive equipment for the Company and affiliated companies. How-
ever, these employees, consisting of, three mechanics and two car wash-
ers," report to work from the Huntington District and receive their
pay there. While it is true that their work takes them to territories
beyond the Huntington District and this work is charged against the
District, Division, or Company in which the work is done, the charging
operation appears to be merely a bookkeeping one, and to exclude
these employees from the unit would be tantamount to depriving them
of their right to choose a bargaining representative. We have cus-
tomarily included such employees in an industrial unit in this indus-
try.7 Furthermore, employees in these classifications were included in
an industrial unit found 'appropriate in another district of the Com-
pany." We shall, therefore, include them.
In accordance with the foregoing, we find that the following classi-
fi2ations of employees constitute units appropriate for the.purposes of
collective bargaining within the meaning of Section 9 (b) of the Act:
(1) all employees of the Company engaged at its Cabin Creek gen-
erating plant, including dispatchers and duration employees, but ex-
cluding clerical and accounting employees, professional and techni-
cal employees, supervisors and foremen, executives, watchmen and
janitors, temporary employees, store employees, part-time and inter-
mittent employees, the clubhouse matron and her assistant, as well as
any supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees or
effectively recommend such action;
(2) all employees of the Company engaged in its Huntington Dis-
trict, including those employed at the Kenova generating plant, and
the car washers and mechanics employed in the Transportation De-
partment, but excluding all cler;cal and accounting employees, pro-
fessional and technical employees, supervisors and foremen, execu-
tives, watchmen and janitors, sales employees, part-time and intermit-
tent employees, temporary employees, storeroom' and warehouse em-
6 The transportation department also has a superintendent , assistant superintendent and
two clerks, who are excluded from the unit because of the fact that they perform super-
visory or clerical duties.
T Matter of Central Maine Power Company, 45 N. L. R. B . 328; Matter of Antioch Power
Company, 40 N. L. R. B. 773 ; Matter of Savannah Electric and Power Company, 38 N. L.
R. B. 47.
8 See Matter of The Appalachian Electric Power Company, 38 N. L. R. B. 630.
866 DECISIONS OF NATIONAL LABOR RE,LATIONIS BOARD
ployees, as well as any supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action.
V. THE DETERMINATION OF REPRESENTATIVES
We, shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the units set out hereinabove who were employed during the
pay-roll period immediately preceding the date of the Direction of
Elections herein, subject to the limitations and additions set forth in
the Direction .9
DIRECTION OF ELECTIONS
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with The Appalachian
Electric Power Company, Charleston and Huntington, West Virginia,
separate elections by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days from the date of this Direc-
tion, under the direction and-supervision of the Regional Director
for the Ninth 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 following groups of employees of
the Company who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including employees
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 who have since quit or been dis-
charged for cause, as well as any supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees or effectively recommend such action :
(1) all employees of the Company engaged at its Cabin Creek gen-
erating plant, including dispatchers and duration employees, exclud-
ing clerical and accounting employees, professional and technical em-
ployees, supervisors and foremen, executives, watchmen and janitors,
;The Union desires its name to appear on the ballot in the election conducted among
the employees in unit (1) above, as ' Local Union No. B-1082, International Brotherhood of
Electrical Workers (A. F. of L.); and in the election conducted among the employees in
unit ( 2) above, it - desires to appear as Local Union No. B-1119, International Brotherhood
of Electrical Workers (A. F. of L ). These requests are hereby granted.
THE APPALACHIAN ELECTRIC POWER COMPANY 867
temporary employees, stores employees, part-time and intermittent
employees, and the clubhouse matron and her assistant, to determine
whether or not they desire to be represented by Local Union No.
B-1082, International Brotherhood of Electrical Workers (A. F.
of L.), for the purposes of collective bargaining;
(2) all employees of the Company engaged in its Huntington Dis-
trict, including the Kenova generating plant, and the car washers and
mechanics employed in the Transportation Department, excluding all
clerical and accounting employees, professional and technical em-
ployees, supervisors and foremen, executives, watchmen and janitors,
sales employees, part-time and intermittent employees, temporary em-
ployees and storeroom and warehouse employees, to determine whether
or not they desire to be represented by Local Union No. B-1119, Inter-
national Brotherhood of Electrical Workers (A. F. of L.), for the
purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Elections.
540612-44--vol. 51-56