The Ohio Power Co.

National Labor Relations Board - Board Decisions

Oct 31, 1949

86 N.L.R.B. 1181 (N.L.R.B. 1949)

In the-Matter of THE OHIO POWER COMPANY ( CENTRAL DIVISION),
EMPLOYER and UTILITY WORKERS UNION OF AMERICA (CIO) ,
PETITIONER
Case No. 8-RC-504.-Decided October 31, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Charles A.
Fleming, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.'
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston .and Gray].
Upon the entire record in this case, the Board finds : 2
1. The Employer is engaged in comerce within the meaning of the
National Labor Relations Act.
2. The labor organizations involved claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The parties agree that the following employees constitute an ap-
propriate unit : All physical employees of the newly created Central
I The petition and other formal papers were amended at the hearing to show the correct
name of the Petitioner.
2 At the hearing the Employer moved to dismiss the petition, alleging that the Petitioner
did not make a sufficient showing of interest, and that the record contains no evidence
showing that there is a question affecting commerce concerning the representation of
the Employer's employees. The hearing officer referred this motion to the Board for
ruling. The motion is hereby denied. The showing of interest is a matter of admin-
istrative determination, and not subject to collateral attack. Matter of Ralston Purina
Company, 86 N. L. R. B., No. 23; Matter of The Ohio Power Company (Canton Division),
80 N. L. R. B. 582. The grounds on which the second part of this motion was based are
not entirely clear to us. In any event, we find that a question concerning the representa-
tion of the employees here involved does in fact exist, and we perceive no valid reason
for dismissing the petition.
After the hearing, the Employer filed a motion to correct errors in the transcript of
testimony. No objection having been made by the parties, the motion of the Employer is
granted, and the record is hereby amended to conform to the motion.
86 N. L. It. B., No. 111. 1181
1152 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
Division,3 including operators in the hydro plant, Coshocton ; operators
and maintenance men, steam plant, Canton; operators and main-
tenance men, steam plant, New Philadelphia ; transmission and district
patrolmen, trouble men, linemen and groundmen, substation operators
and maintenance men, all metermen, all appliance servicemen, janitors,
district servicemen, storeroom men, meter readers, part-tinge working
foremen, garage repair men, helpers and inspectors, steam heat service-
men and laborers, but excluding office and clerical employees, trouble
dispatchers, meter clerks and meter record clerks, store records clerks,
professional, technical, and managerial employees, employees in spe-
cific temporary jobs, employees with less than 6 months service, general
servicemen when transferred to an excluded job, watchmen, guards,
foremen, and all other supervisors.
The parties disagree as to the following job classifications: truck
and field clerks, collectors, engineers' assistants, distribution planners,
storekeepers with helpers, and full-time working foremen. Utility
Workers Union of America (CIO), herein called the Petitioner, would
include these disputed classifications. The Employer and Electric
Service Employees Union, Local No. 102, herein called the Intervenor,
would exclude them.
Truck and field clerks: The record shows that this job classification
has been abolished since 1943. We shall therefore make no unit de-
termination for it.
Collectors: There are two collectors employed in the Central Di-
vision. One collector works in the Dennison area, and the other in
the New Philadelphia area. They are salaried employees who work
under the supervision of the chief clerk in the accounting department.
The collector at Dennison spends about 50 percent of his time in col-
lecting delinquent accounts. The balance of his time is spent doing
miscellaneous clerical work relating to collections, such as preparing
delinquent notices, customers' receipts, and collector's reports.
The collector at New Philadelphia spends about 31/2 hours a day
doing work relating to his job classification. Because there is not
enough work to keep him busy with his regular duties, he spends the
remainder of the day on detail in the merchandise department.'
There, he assists the appliance servicemen in uncrating ranges and
preparing them for delivery.
3 Prior to July 1, 1949, the Canton Division included the Canton and Waynesburg
districts , and the Service Division consisted of the Coshocton , Dennison , New Philadelphia,
and Cambridge districts . The newly created Central Division now includes all of the
foregoing districts except the Cambridge district.
4 The position of collector has practically been abolished within the past 4 years. There
are only about five or six collectors throughout the Employer 's operations.
: THE OHIO POWER COMPANY 1183
Since 1942 the collectors have been included in a, unit of physical
employees:5 The Employer argues that the physical classification is
no longer appropriate, because the collectors' duties now consist of
only collections and related clerical work. A number of years ago,
collectors, as part of their job, went to delinquent customers' homes,
and if necessary, climbed the pole and disconnected the service. In
the past few years collectors have become office men, who go to cus-
tomers' homes and talk to them about their delinquent accounts. The
actual work of disconnection is done by the meter service crew or
trouble men.
We agree with the Employer's position that the collector is no longer
a physical employee. As the duties of these employees have changed
within the past few years, we find that they do not have substantial
interests in common with the physical employees. We shall exclude
them from the units
Engineers' assistants: There are 12 employees in this classification
in the transmission and distribution department, who work under
the supervision of the district superintendent. They are salaried
employees.
Six of these employees remain in the office at all times doing clerical
work. Two engineers' assistants spend about 30 to 40 percent of their
time on field trips. The others spend approximately 5 to 30 percent
of their time in the field. When in the field, they check the facilities
at certain locations, check in the laying out of lines, and generally
assist the engineers and distribution planners. They rarely do any
physical work. Their work is largely of a clerical nature.
Since 1942 engineers' assistants have been included in a unit of non-
physical employees. In 1948, the Petitioner contended that these
employees should be included in a physical unit. The Board, after
consideration of all the facts, excluded them from such a unit.' There
is nothing in the present record to show that the duties of these em-
ployees have changed since the date of our prior decision. We shall
therefore exclude them from the unit hereinafter found appropriate.
Distribution planners: There are seven distribution planners in the
transmission and distribution department, who work under the super-
5 In 1942, after a consent election, the Intervenor was certified as collective bargaining
representative for all physical employees in the Employer' s Canton Division . Matter of
Ohio Power Company, 42 N. L. R. B. 26. In January 1949, following a Board Decision
and Direction of Election, the Intervenor was again certified as representative for all
physical employees. The unit placement of the collectors was not in issue at this time,
and they were not specifically included in the unit of physical employees. Matter of The
Ohio Power Company ( Canton Division ), 80 N. L. R. B. 582.
e Although the collector at New Philadelphia spends about half of his time in physical
work, it is not work relating to his job classification. Because this physical work Is done
only on a detail basis , we shall not include him in the bargaining unit.
Matter of The Ohio Power Company (Canton Division), 80 N. L. It. B. 582.
1184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vision of the superintendent of distribution. They are paid on a salary
basis. For the most part they are promoted from engineers' assistants
and draftsmen.
Approximately 50 percent of their time is spent in the field and the
remainder in the office. They prepare plans, estimates and work
orders for minor and routine distribution construction and main-
tenance projects; make inspections and check details of construction
in the field; assist engineers in making studies and preparing plans
and estimates for major distribution construction and maintenance
projects; and on occasion direct the work of others assigned to assist
them. Their work is similar to that of the assistant engineers, but
they are required to have more experience and technical knowledge
than these employees.
As the distribution planners are not physical employees, and they
perform work substantially similar to that of the engineers' assistants
whom we have excluded from the unit, we shall also exclude these
employees.
Storekeepers with helpers: There are 4 storekeepers with helpers
in the Central Division. The storekeeper at Canton has 7 to 10 help-
ers; the storekeeper at New Philadelphia has 1 helper; at Coshocton,
the storekeeper has 2 helpers ; and the storekeeper at Dennison has 1
full-time and 1 part-time helper. Both the storekeepers and their
helpers are paid on an hourly basis. The storekeepers receive approxi-
mately 20 cents an hour more than the helpers.
The storekeeper at Canton does no physical work. The others
spend between 5 to 10 percent of their time in physical works The
storekeepers are responsible for the storage and distribution of sup-
plies in the storerooms, and for maintaining accurate records of such
distribution. In view of the fact that storekeepers have authority
effectively to recommend hiring and discharge of their helpers, and
to discipline them, we find that they are supervisors within the meaning
of the Act.9 We shall exclude them from the unit.
Full-time working foremen: There are five full-time working fore-
men in the Central Division. They are located at Coshocton, New
Philadelphia, Dennison, Newcomerstown, and Canton.10 Each has
charge of a crew of three to five men, whom they supervise and direct
in their work. In those areas where there is a regular foreman in
8 The storekeeper at Dennison testified that he spends approximately two-thirds of his
time in physical work. In view of our exclusion of the storekeepers from the appropriate
unit on the ground that they are supervisors, we do not find It necessary to resolve this
conflict in testimony as to the amount of physical work that they do.
9 The storekeeper at Dennison denied that he has authority to discipline his- helpers.
He testified, however, that he supervises and directs his helpers in their work.
iu The working foreman in the garage at Canton was excluded from the unit found
appropriate in 1948.
THE OHIO POWER COMPANY 1185
addition to the full-time working foreman, each foreman supervises
a different crew."- Each has independent control over his crew, which
works separate and apart from the other crew.
Work is assigned to the full-time working foreman by the regular
foreman in his area, or by someone in the engineering department.
The full-time working foreman is directly responsible for the work
of his crew to the regular foreman, who makes periodic checks on the
progress of jobs supervised by the working foremen.12
The regular foreman does not work along with his crew. He is paid
on a salary basis. The full-time working foreman is paid on an hourly
basis, which is 10 cents an hour more than that paid to the men in
the crew he supervises. He works along with his crew. In view of
the fact that the full-time working foremen have authority effectively
to recommend disciplinary action, and the hiring and discharge of
employees in their crew, we find that they are supervisors, and we
shall exclude them from the unit.
We find that all physical employees of the Central Division of the
Ohio Power Company, including operators in the hydro plant,
Coshocton; operators and maintenance men, steam plant, Canton;
operators and maintenance men, steam plant, New Philadelphia; trans-
mission and district patrolmen, trouble men, linemen and groundmen,
substation operators and maintenance men, all metermen, all appliance
servicemen, janitors, district servicemen, storeroom men, meter readers,
part-time working foremen, garage repair men, helpers and inspectors,
steam heat servicemen and laborers, but excluding collectors, engineers'
assistants, distribution planners, storekeepers with helpers, full-time
working foremen, office and clerical employees, trouble dispatchers,
meter clerks and meter record clerks, store records clerks, professional,
technical, and managerial employees, employees in specific temporary
jobs, employees with less than 6 months service, general servicemen
when transferred to an excluded job, watchmen, guards, and super-
visors, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION 13
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than 30 days
11 There is a regular foreman at Coshocton, New Philadelphia. and Dennison. They
supervise larger crews than do the full-time working foremen.
12 The engineering department inspects the work done by all construction crews including
those supervised by regular foremen.
11 Either participant in the election directed herein may , upon its prompt request to, and
approval thereof by , the Regional Director , have its name removed from the ballot.
1186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from the date of this Direction, under the direction and supervision
of the Regional Director for the Region in which this case was heard,
and subject to Sections 203.61 and 203.62 of National Labor Relations
Board Rules and Regulations, among the employees in the unit found
appropriate in paragraph numbered 4, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction of Election, 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 they desire to be
represented, for purposes of collective bargaining, by Utility Workers
Union of America (CIO), or by Electric Service Employees Union,
Local No. 102, or by neither.