The Laclede Gas Light Co.

National Labor Relations Board - Board Decisions

Apr 27, 1948

77 N.L.R.B. 354 (N.L.R.B. 1948)

In the Matter of THE LACLEDE GAS LIGHT COMPANY, EMPLOYER and
UNITED GAS, COKE, AND CHEMICAL WORKERS OF AMERICA, C. I. 0.,
LOCAL 6 and INTERNATIONAL UNION OF OPERATING ENGINEERS, A. F.
L., LOCAL No. 148
Case No. 14-RE-18
SUPPLEMENTAL DECISION
ORDER SETTING ASIDE DIRECTION OF ELECTION
AND
SECOND DIRECTION OF ELECTION
April 277 1948
On February 14, 1948, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceeding,'
directing that an election be held among the Employer's employees at
the water gas manufacturing plant and gas distribution department
in St. Louis County, including the garage employees and the stores
division men, but excluding engineers, clerks, estimators, meter readers,
dispatchers, office employees, and all supervisors, as defined in the
amended Act. The Board made no final determination of the appro-
priate unit therein, but stated that such determination would depend
in part upon the results of the election. Thereafter the Employer
and Local 6 filed separate motions and supporting briefs requesting the
Board to reconsider its Decision and Direction of Election on the
ground that the above-described voting group constitutes an in-
appropriate unit for the purposes of collective bargaining. On March
5, 1948, the Board issued a notice giving the parties until March 15,
1948, to show cause why the Board should not grant the aforesaid
motions for reconsideration. Thereafter Local 148 filed a brief, and the
Employer and Local 6 filed separate answers in response to the notice
to show cause.2 All parties have requested separate oral argument on
'76N L. It.B 199
' The Board 's notice also advised the parties to show cause why the Board should not
take one of the following actions in this proceeding ( 1) dismiss the petition herein for the
reason that it does not cover an appropriate unit , but without prejudice to the filing of a
new petition covering an appropriate unit, or (2) direct an election among the employers
in an appropriate unit , including together employees in the Employer ' s City and County
gas systems. In their Answers, both the Employer and Loc.il 6 urged the Board not to
77 N. L. R. B , No. 53.
354
THE LACLEDE GAS LIGHT COMPANY 355
the motion. These requests are denied as the positions of the parties
are, in our opinion, adequately set forth in their briefs and the record
in the entire case.
In their motions and in their answers in response to the notice to
show cause, as at the hearing, Local 6 and the Employer urge as appro-
priate a unit Employer-wide in scope, on the ground that it would fa-
cilitate the process of merging the Employer's two utility systems
which in turn would improve the Employer's efficiency and the quality
of its service to the public. In its brief, Local 148 urges the Board to
deny the motion of the Employer and Local 6 and to proceed to
conduct the election as originally directed.
We have reconsidered our Decision and Direction of Election in the
light of the arguments and contentions advanced in the motions and
briefs filed by the parties ,3 and upon the entire record in the case,
make the following :
SUPPLEMENTAL FINDINGS OF FACT
In our original decision herein, we stated
The similarity between the service rendered by the Employer's
two gas systems is reflected in their operations. Identical facilities
and equipment are used and similar job classifications and skills
are employed. While each system is separately supervised, all
major policies, including those dealing with labor relations, are
centrally formulated. The record, moreover, shows that it is the
intention of the Employer to integrate the operations of both
systems to a considerable extent in the future by interconnecting
various facilities and by interchanging employees. These factors
indicate the desirability of including the County employees in
the same unit with the employees of the City gas system.
We concluded, however, that in view of the fact that the County
employees had been separately represented for a number of years
before the acquisition of the County system by the Employer, they
could appropriately continue to function as a separate unit if they so
desired.
On reconsideration, however, we are convinced that we accorded
too much weight to this bargaining history, and that we failed suffi-
ciently to consider the problem that would be created by the establish-
ment of two separate units of the Employer's production and distribu-
dismiss the petition , but to hold an election in which the employees in both the City and
County gas systems may particpate Local 148 , on the other hand, requests the Board to
adhere, to its original Decision on the ground that the findings therein were proper.
I We have considered the letter filed herein on March 29 , 1948, by the League of Municl-
palfiies of St Louis County , Missouri , in support of the position of Local 148.
356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion employees. The nature of this public utility and the quality of
the public service rendered admittedly require a very high degree
of coordination and integration among employees in its several depart-
ments throughout both systems . Moreover , we are constrained to
agree with the Employer 's contention , as advanced in its motion for
reconsideration, that merger of the two utility systems into an inte-
grated enterprise and free interchange of employees cannot be effec-
tively accomplished if it is required to continue to bargain on the
basis of two separate units . Under these circumstances , we conclude
that the factors here in favor of a single Employer-wide bargaining
unit do outweigh the bargaining history on a less comprehensive basis.
Accordingly, we find that all employees employed in the Employer's
water gas manufacturing and gas distribution department in St.
Louis County and in the Employer's departments in the City of St.
Louis listed in "Appendix A," including dispatchers, but excluding
engineers , clerks , estimators , office employees , and all supervisors 4
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
ORDER
IT Is HEREBY ORDERED that the Direction of Election issued on Febru-
ary 13, 1947, be, and it hereby is, vacated and set aside.
SECOND DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The Laclede Gas Light Com-
pany, St. Louis, Missouri , an election by secret ballot shall be conducted
as early as possible after the date of this Second Direction at such
time in the future as the Regional Director for the Fourteenth Region
deems advisable, under his direction and supervision, and subject to
Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, among the employees in the unit
found appropriate above, who were employed during the pay-
roll period immediately preceding the date of this Second Di-
rection, including employees who did not work during said pay-
roll period because they were ill or on vacation or temporarily
laid off, but excluding those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior
to the date of the election , and also excluding employees on strike
who are not entitled to reinstatement , to determine whether or not they
desire to be represented by United Gas, Coke, and Chemical Workers of
4 The exclusions herein enumerated apply to both the St Louis County and the City of
St Louis operations of the Employer
THE LACLEDE GAS LIGHT COMPANY 357
America, C. I. 0., Local 6, or by International Union of Operating
Engineers, A. F. L., Local No. 148, for the purposes of collective
bargaining, or by neither.'
APPENDIX A
DEPARTMENTS
Manufacturing Meter Repair Shop
Customers' Installation Building Service
Street Meter Reading
Store Room Bill Delivery
Garage
B Any participant in the election herein may , upon its prompt request to, and approval
thereof by , the Regional Director , have its name removed from the ballot.
788886-49-vol 77-24