The Ohio Power Co.

National Labor Relations Board - Board Decisions

Feb 9, 1942

38 N.L.R.B. 1022 (N.L.R.B. 1942)

In the Matter of THE OHIO POWER COMPANY , SOUTHERN DIVISION and
ELECTRIC SERVICE EMPLOYEES UNION No. 101 ( INDEPENDENT)
Case No. R-3490.--Decided February 9,194P,
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. HugA E. Sperry, for the Board.
Mr. F. C. Morrison, of Newark, Ohio, for the Company.
Mr. W. H. Wilson, of Akron, Ohio, for the I. B. E. W.
Mr. H. M. Armentrout, of Newark, Ohio, for the Independent.
Mr. George J. Hadjino ff, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On November 24, 1941, Electric Service Employees Union No. 101
(Independent) herein called the Independent, filed with the Regional
Director for the Eighth Region (Cleveland, Ohio) a petition alleging
that a question affecting commerce has arisen concerning the repre-
sentation of the employees of Ohio Power Company, Southern Divi-
sion, Newark, Ohio, herein called the Company, engaged in the
generation, transmission, distribution, and sale of electrical energy
and electrical appliances, and requesting an investigation and cer-
tification of representatives, pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On January
14, 1942, 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 January 12, 1942, the Board, the Company, the Inde-
pendent, and International Brotherhood of Electrical Workers, affili-
ated with the American Federation of Labor, hereinafter called the
I. B. E. W., entered into a "Stipulation for Certification of Repre-
sentatives Upon Consent Election."
38 N L. R B, No. 189
1022
THE OHIO POWER COMPANY 1023
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on January 23, 1942, under the direction and supervision of
the Regional Director, among all physical employees of the Company
who were employed in its Southern Division in the following classifi-
cations : transmission and distribution patrolmen, troublemen, line-
men and groundmen, substation operators and maintenance men, all
meter men, all appliance service men and utility men, storeroom men,
janitors, truck and field clerks, district service men, service meter
readers and collectors, steam-plant operators, and maintenance men,
but exclusive of foremen, supervisors, clerical and office employees,
watchmen, and those in a managerial capacity, to determine whether
the said employees desire to be represented by the Independent, or by
the I. B. E. W., for the purposes of collective bargaining, or by
neither. On January 26, 1942, the Regional Director issued and duly
served upon the parties an 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 the results thereof, the Regional Director
reported as follows :
Total number eligible--------------------------------------- 249
Total ballots cast------------------------------------------- 225
Total ballots challenged ------------------------------------ 2
Total blank ballots ---- ------------------------------------- 1
Total void ballots------------------------------------------ 0
Total valid votes counted----------------------------------- 222
Votes cast for International Brotherhood of Electrical Workers
(A. F L.) ------------------------------------------------ 96
Votes cast for Electric Service Employees Union No . 101 (Inde-
pendent) ------ ----------------------------------- 122
Votes cast for neither --------- ----------------------------- 4
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 Ohio Power Company, Southern Division, Newark, 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 were employed in
its Southern Division in the following classifications : transmission
and distribution patrolmen, troublemen, linemen and groundmen,
substation operators and maintenance men, all meter men, all appli-
ance service men and utility men, storeroom men, janitors, truck and
field clerks, district service men, service meter readers and collectors,
steam-plant operators, and maintenance men, but excluding foremen,
1024 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
supervisors, clerical and office employees, watchmen, and those in a
managerial capacity, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
Act.
3. Electric Service Employees Union No. 101 (Independent) has
been designated and selected by a majority of the employees in the
above unit as their representative for the purpose of collective bar-
gaining, and is the exclusive representative of all the employees of
said unit, within the meaning of Section 9 (a) of the 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 Electric Service Employees Union No.
101 (Independent) has been designated and selected by a majority
of all physical employees of the Ohio Power Company, Southern Divi-
sion, Newark, Ohio, in the following classifications : transmission and
distribution patrolmen, troublemen, linemen and groundmen, sub-
station operators and maintenance men, all meter men, all appliance
service men and utility men, storeroom men, janitors, truck and field
clerks, district service men, service meter readers and collectors,
steam-plant operators, and maintenance men, but excluding foremen,
supervisors, clerical and office employees, watchmen, and those in a
managerial capacity, as their representative for the purposes of col-
lective bargaining, and that, pursuant to Section 9 (a) of the National
Labor Relations Act, Electric Service Employees Union No. 101
(Independent) 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.