The Ohio Power Co.

National Labor Relations Board - Board Decisions

Aug 9, 1941

34 N.L.R.B. 116 (N.L.R.B. 1941)

In the Matter of THE OHIO PowER COMPANY and UTILITY WORKERS
ORGANIZING COMMITTEE, LOCAL 138, (C. I. 0.)
Case No. R-.t838.-Decided August 9, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election. .
Mr. Hugh E. Sperry, for the Board.
Mr. E. T. Wagenhals, of Canton, Ohio, for the Company.
Mr. Leroy H. Winwood, of Zanesville , Ohio, for the Utility Workers.
Mr. Eugene M. Purver, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 10, 1941, Utility Workers-Organizing Committee, Local 138,
(C. I. 0.), herein called the Utility Workers, filed with the Regional
Director for the Eighth Region ( Cleveland , Ohio ) a petition alleging
that a question affecting Commerce had arisen concerning the repre-
sentation of employees of The Ohio Power Company , herein called the
Company, engaged at Philo , Ohio, in the generation and distribution
of electricity , and requesting an investigation and certification of rep-
resentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat . 419, herein called the Act. On July 16,1941 , 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 July
17, 1941, the Company , the Utility Workers, and the Regional Director
for the Board , entered into a "STIPULATION FOR CERTIFICA-
TION UPON CONSENT ELECTION."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on July 21, 1941 , under the direction and supervision of the
Regional Director , among all permanent physical employees of the
Philo Generating Plant of The Ohio Power Company , excluding super-
visors, foremen , watchmen , and clerical employees, to determine
34 N. L. R. B., No. 17.
116
THE OHIO POWER COMPANY 117
whether or not they desired to be represented by Utility Workers Or-
ganizing Committee, Local 138, C. I. 0., as their exclusive representa-
tive for the purposes of collective bargaining. On July 24, 1941, the
Regional Director issued and duly served upon the parties his Election
Report on the ballot. No objections to the conduct of the ballot or the
Election Report have been (filed by any of the parties.
In his Election Report the Regional Director reported as follows
concerning the balloting and its -results :
Total on eligibility list-------------------------------------------------- 226
Total ballots cast------------------------------------------------------- 217
Total ballots challenged---- -------------------------------------------- 4
Total blank ballots------------------------------------------------------ 2
Total void ballots-----------------------------------------------:------- 0
Total valid ballots cast-------------------------------------------------- 211
Votes cast for Utility Workers Organizing Committee, Local 138 (C. 1. O.)__ 120
Votes cast against Utility Workers Organizing Committee, Local 138
(C. I. 0 )------------------------------------------------------------ 91
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of the employees of The Ohio Power Company, at its
Philo Generating Plant, Philo, Ohio, within the meaning of Section
9 (c) and Section 2 (6) 'and (7) of the National Labor Relations Act.
2. All permanent physical employees of the Philo Generating Plant
of the Ohio Power Company, excluding supervisors, foremen, watch-
men, and clerical employees, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9
(b) of the National Labor Relations Act.
t3) Utility Workers Organizing Committee, Local 138, (C. I. 0.),
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 employees in the
said unit within the meaning of Section 9 (a) of the National Labor
Relations Act.
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 Rela-
tions Act,
IT IS HEREBY CERTIFIED that Utility Workers Organizing Committee,
Local 138, (C. I. 0.), has been designated and selected by a majority
of all permanent physical employees of the Philo Generating Plant
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118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Ohio Power Company, Philo, Ohio, excluding supervisors,
foremen, watchmen, and clerical employees, as their representative
for the purposes of collective bargaining, and that, pursuant to the
.provisions of Section 9 (a) of the Act, Utility Workers Organizing
Committee, Local 138, (C. I. 0.), is the exclusive representative of
all such employees for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other con-
ditions of employment.