The Nevada-California Electric Corp.

National Labor Relations Board - Board Decisions

Nov 19, 1940

28 N.L.R.B. 19 (N.L.R.B. 1940)

In the Matter of THE NEVADA-CALIFORNIA ELECTRIC CORPORATION and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION
B-959, A. F. OF L.
In the Matter Of INTERSTATE TELEGRAPH COMPANY and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL -UNION B-959, A. F.
OF L.
Cases Nos. R-1619 and-R-1620
SECOND SUPPLEMENTAL DECISION AND FIFTH AMEND-
MENT TO SECOND DIRECTION OF ELECTION
November 19, 1940
On February 1, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceedings,' and on February 19, 1940, the Board
issued an amendment to its Direction of Election.' On April 8, 1940,
the Board issued a Supplemental Decision and Second Direction of
Election,3 directing that a run-off election be conducted within thirty
(30) days from the date of said Second Direction of Election, under
the direction and supervision of the Regional Director for the Twenty-
first Region (Los Angeles, California), among certain employees
of The Nevada-California Electric Corporation and Interstate Tele-
graph Company, Riverside, California, to determine whether they
desire to be represented by International Brotherhood of Electrical
Workers, Local Union B-959, A. F. of L., herein called the I. B. E. W.,
or by Nev-Cal Employees' Association, herein called the Association,
for the purposes of collective bargaining. Subsequently, by Amend-
ments to its Second Direction of Election ,4 the Board extended the
time within which said run-off election should be held, providing, in
its Fourth Amendment to Second Direction of Election, issued Oc-
tober 22, 1940,5 that the election should be held not later than November
30, 1940. '
1 20 N L R. B. 79
2 20N L R B 89
3 22 N. L. R. B 735
4 23 N L R B 259; 24 N. L R B. 298; and 25 N L. R. B. 1
527N L. R.B 1009
28 N L R B., No. 8
19
413597-42-\ of 28--3
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
By letter dated November 7, 1940, 'the I. B. E. W. requested leave to
withdraw its name from the ballot to be used in said run-off election.
We see no reason why this request should not be granted, and we shall,
accordingly, further amend our Second Direction of Election to pio-
vide that the employees shall be. given an opportunity to vote for or
against the Association. At the request of the Regional Director, we
shall also further extend the period within which the election shall
be conducted.
The Board hereby further amends its Second Direction of Election,
as amended, by striking therefrom the words "not later than November
30, 1940" and substituting theref or the words "not later than December
30, 1940"; and by striking therefrom'the words "to determine whether
they desire to be represented by International Brotherhood of Elec-
trical Workers, Local Union B-959, A. F. of L., of by Nev-Cal Em-
ployees' Association, for the purposes of collective bargaining" and
substituting therefor the words "to determine whether or not they
desire to be represented by Nev-Cal Employees' Association, for the
purposes of collective bargaining."
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
January 8, 1941
On February 1, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceedings,' and on February 19, 1940, the Board
issued an amendment to its Direction of Election.2 On April 8, 1940,
the Board issued a Supplemental Decision and Second Direction of
Election,3 directing that a run-off election be conducted. Subsequently,
the Board issued several Amendments to its Second Direction of Elec-
tion' and, on November 19,'1940, it issued a Second Supplemental
Decision and Fifth Amendment to Second Direction of Election.-,
Pursuant to the Second Direction of Election, as amended, an elec-
tion by secret ballot was conducted on December 9, 10, 11, 12; and 13,
1940, under the direction and supervision of the Regional Director for
the Twenty-first Region (Los Angeles, California). On December 17.
1940, the Regional Director, acting pursuant to Article III, Section 9,
of National Labor Relations Board Rules and Regulations-Series 2.
'20NLRB79.
220 N L R B 89
322N L R B 735
4 23 N L R B 259; 24 N L R B 298, 25 N L R B 1, and 27 N L R B 1009
THE NEVADA-CALIFORNIA ELECTRIC CORPORATION 21
as amended, issued and duly served upon the-parties his Election
Report. No objections to the conduct of the ballot or the Election
Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on Eligibility List-------------------------------------• 351
Total Ballots Cast------------------------------------------- 288
Total Ballots Challenged------------------------------------ 0
Total Blank Ballots----------------------------------------- 0
Total Void Ballots------------------------------------------ 0
Total Ballots Not Counted----------------------------------- 0
Total Ballots Counted--------------------------------------- 288
Total Votes for Nev-Cal Employees Association---------------- 157
Total Votes against Nev-Cal Employees Association------------ 131
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,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that Nev-Cal Employees Association has been
designated and selected by a majority of the production employees of
The Nevada-California Electric Corporation and Interstate Telegraph
Company, Riverside, California, including patrolmen, reservoir watch-
men, property watchmen, janitors, linemen, servicemen, collectors,
meter readers, groundmen, appliance servicemen, hydro plant opera-
tors, dispatchers, substation attendants, mechanics, transformer shop
workmen, truck drivers, chauffeurs, storekeepers and production
clerks, switchboard operators, meter testers, pump testers, steam plant
employees, laborers, electricians, and housekeepers, but excluding
clerical employees, field engineers, surveyors, salesmen, customers' rep-
resentatives, solicitors, appliance demonstrators, crew foremen, garage
foremen, service foremen, and supervisory employees, as their repre-
sentative for the purposes pf collective bargaining and that, pursuant
to Section 9 (a) of the National Labor Relations Act, Nev-Cal Em-
ployees Association is the exclusive representative of all-such employees
for the purposes of collective bargaining in respect to rates of pay.
wages, hours of employment, and other conditions of employment.
28NLRB,NoSa