The Ohio Power Co.

National Labor Relations Board - Board Decisions

Jul 13, 1942

42 N.L.R.B. 420 (N.L.R.B. 1942)

In the Matter of THE OIIIO POWER COMPANY (CANTON DIVISION) and
ELECTRIQ SERVICE EMPLOYEES UNION #102 (UNAFnI'LIAicaD)
Case No R-4019 -Decided July 13,, 1942
Investigat ion and Certification of Representatives : stipulation foi ceitification
on consent election
Mr A M Plummer, of Canton, Ohio, for the Company
Mr H K. Johns, of Canton, Ohio, for the Union.
Mr M G. Ratner, of counsel to the Boaid
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition duly filed by the Electric Service Employees Union
x$102 (Unaffiliated), alleging that a question affecting commerce had
arisen concerning the representation of employees of The Ohio Power
Company, herein called the Company, engaged in Canton, Ohio, in
the production and distribution of electric power, the National Labor
Relations Board piovided for an appropriate hearing upon due notice
On June 22, 1942, before a hearing was held, the Company, the Union,
and the Regional Duector for the Eighth Region (Cleveland, Ohio)
entered into a "STIPULATION FOR CERTIFICATION ON
CONSENT ELECTION "
Pursuant to the stipulation, an election by seciet ballot was con-
ducted on June 26, 1942, under the direction and supervision of the
Regional Director, among all clerical and office employees of the
Canton Division of the Company, excluding those employees in a
confidential relationship with the management, such as private secre-
taries and pay ioll clerks, and any other employees exempt under the
Wage and Houi law who serve in a supeivisoi y and piofessional
capacity with the Company, to determine wliethet of not they desired
to be repiesented by Electric Seivice Emplov( es Union #102 (Un-
affiliated), for the purposes of collective baiganung ' On June 29,
1942, the Regional Duector issued and duly seived on the parties an
42 N L R B, No 90
420
THE OHIO POWER COMPANY (CANTON DIVISION), 421
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
As tothe balloting and its results, the^Regional Director reported as
follows:
Total' on eligibility list-------------------------------------- 67.
Total ballots'cast------------------------------------------- 51
Total ballots challenged -------------------------------------- 1
Total blank ballots-------------------------- ------ 0
Total void ballots------------------------------------------- 0
Total valid votes counted----------------------------------- 50
Total votes cast for Electric Seivice Employees Union #102
(unaffiliated) --------------------------------------------- 49
Total votes cast against Electric Service Employees Union #102
(unaffiliated)---------------------------------'----------- 1
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 'aflecting commerce has arisen conceinnig the "repre-
sentation of employees of The Ohio Power Company, Canton Divi-
sion , Canton, Ohio, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act
2 All cleiical and office employees of the Canton Division of the
Company, excluding those employees in a confidential relationship
with the management, such as private secretaries and pay-roll clerks,
and any other employees exempt under the Wage and Hour law who
serve in a supervisory and professional capacity with the, Company,
constitute a unit appropriate foi the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
3 Electric Service Employees Union #102 (Unaffiliated) has been
designated and selected by a majority of the employees in the above
unit as their repi esentative for the purposes of collective bargaining
and is the exclusive representative of all employees in said unit within
the meaning of Section 9 (a) of the Act
CERTIFICATION OF REPRESENTATIVES
By vntue of and pursuant to the power vested in the National Labor
Relations Boaid by Section 9 (c) of the National Labor Relations
Act,
IT Is HEREBY CERTIFIED that Electric Service Employees Union #102
(Unaffiliated) has been designated and selected by a majority of all
clerical and office employees of the Canton Division of The Ohio Power
Company, excluding those employees in a confidential relationship
422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with the management, such as private secretaries and pay-roll clerks,
and any other employees exempt under the Wage and Hour law who
serve in a supervisory and professional capacity with the Company,
as their representative for the purposes of collective,bargaining, and
that, pursuant to Section 9 (a) of the Act, Electric Service Employees
Union #102 (Unaffiliated) is the exclusive representative of such
employees for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
employment.