The Ohio Power Co.

National Labor Relations Board - Board Decisions

Jul 24, 1941

33 N.L.R.B. 772 (N.L.R.B. 1941)

In the Matter of THE Omo POWER COMPANY and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS (AFL)
Case No. R-2715.-Decided July 24,1941
Investigation and Certification of Representatives : stipulation for Certifica-
tion of Representatives upon consent election.
Mr. E. T. Wagenluzls, of Steubenville , Ohio, for the Company.
Mr. W. H. Wilson, of Cuyahoga Falls , Ohio, for the Union.
Mr. Armin Uhler, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 16, 1941, International Brotherhood of Electrical Workers,
affiliated with the A. F. of L., herein called the Union, filed with the
Regional Director for the Eighth Region (Cleveland, Ohio) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of The Ohio Power Company, Steuben-
ville Division, herein called the Company, engaged in the manufacture
and distribution of electric power at Steubenville, Ohio, and request-
ing an investigation and certification of, representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On June 28, 1941, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice. On June 24, 1941, the Board,
the Company, and the Union entered into a "STIPULATION FOR
CERTIFICATION OF REPRESENTATIVES UPON CONSENT
ELECTION."
Pursuant to the Stipulation, an election was conducted on July 1,
1941, under the direction and supervision of the Regional Director
among all physical employees of the Company who are employed by
the Company in its Steubenville Division in the following classifica-
tions: Transmission and distribution patrolmen, troublemen. linemen
33 N. L. R. B., No. 136.
772
THE OHIO POWER COMPAINY 773
and groundmen, substation operators and maintenance men, meter
men, appliance service men and utility men, storeroom men, janitors,
truck and field clerks, district service men, service, meter readers and
collectors, exclusive of foremen, supervisors, clerical and office em-
ployees, watchmen, and those in a managerial capacity, to determine
whether said employees desire to be represented for the purposes of
-collective bargaining by the Union. On July 5, 1941, the Regional
Director issued and duly served upon the parties an Election Report
on the ballot. No objections to the conduct of the ballot or to the
Election Report have been filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total on eligibility list------------------------------------- 60
Total ballots cast------------------------------------------ 55
Total ballots challenged----------------------------------- 0
Total blank ballots---------------------------------------- 2
Total void ballots----------------------------------------- 0
Total valid votes cast-------------------------------------- 53
Votes cast for International Brotherhood of Electrical
Workers (AFL) -------------------------------------- 41
Votes cast against International Brotherhood of Electrical
Workers (AFL) -------------------------------------- 12
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FAOT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Ohio Power Company, Steubenville
Division, Steubenville, Ohio, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the Act.
2. All physical employees of the Company who are employed by
the Company in its Steubenville Division, in the following classifi-
cations: Transmission and distribution patrolmen, troublemen, line-
men and ground ' men, substation operators and maintenance men,
meter men, appliance service men and utility men, storeroom men,
janitors, truck and field clerks, district service men, service meter
readers and collectors, exclusive of foremen, supervisors, clerical and
office employees, watchmen, and those in a managerial capacity, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of, Section 9 (b) of the Act.
3. International Brotherhood of Electrical Workers, affiliated with
the A. F. of L., has been designated and selected by a majority of
the employees in the above unit as their representative for the purposes
of collective bargaining, and is the exclusive representative of all the
employees in said unit within the meaning of Section 9 (c) of the Act.
-774 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY CERTIFIED that International Brotherhood,of Electrical
Workers, affiliated with the A. F. of L., has been designated and se-
lected by a majority of all physical employees of The Ohio Power
Company, Steubenville Division, at Steubenville, Ohio, including
transmission and distribution patrolmen, troublemen, linemen and
ground men, substation operators and maintenance men, meter men,
appliance service men and utility men,'storeroom men, janitors, truck
and field clerks, district service men, service meter readers and
collectors, but excluding foremen, supervisors, clerical and office em-
ployees, watchmen, and those in a managerial capacity, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to the provisions of Section 9 (a) of the Act, International Brother-
hood of Electrical Workers, affiliated with the A. F. of L., 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.