The Ohio Power Co.

National Labor Relations Board - Board Decisions

Jul 24, 1947

74 N.L.R.B. 625 (N.L.R.B. 1947)

In the Matter of THE OHIO POWER COMPANY, EMPLOYER and UTILITY
WORKERS UNION OF AMERICA (CIO), PETITIONER
. Case No. 8-B-2626.-Decided July 24, 1947
Messrs. D. W. Raley and G. A. Beatty, of Canton, Ohio, and Mr.
C. J. Killian, of Lima, Ohio, for the Employer.
Messrs. William R. Munger and Fred Geltz, of Cleveland, Ohio,
for the Petitioner.
Mr. Janes C. Blair, of Lima, Ohio, and Mr. H. J. Mertz, of Van
Wert, Ohio, for the Intervenor.
Mr. Leonard J. Mandl, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Lima,
Ohio, on June 10, 1947, before John W. Irving, hearing officer. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.'
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The Ohio Power Company, an Ohio corporation, is engaged in
the production, sale, and distribution of electrical power and light.
Its main offices are located at Newark, Ohio, and it serves customers
in 55 counties in the State of Ohio. It furnishes electrical energy to
various industrial concerns, including Lima Locomotive Works, Ohio
Steel Foundry, Westinghouse Electric Corporation, and Superior
Coach Company. It receives various equipment, such as wire and
I At the hearing the Employer and the Intervenor moved to dismiss the petition on the
ground that no question had arisen concerning the representation of employees of the
Employer , and for the further reason that the Petitioner did not represent a substantial
number of employees in the appropriate unit. The hearing officer reserved decision for
the Board . We deny the motions for the reasons stated in Section III, infra.
74 N. L. R. B., No. 122. 625
626 • DECISIONS OF NATIONAL LABOR RELATIONS BOARD
turbines, from outside the State of Ohio. The Employer has inter-
connections with utility companies in Pennsylvania, West Virginia,
and Indiana. It transmits and receives electrical energy across State
lines. The instant proceeding concerns only the Lima Division of
the Employer, which services approximately 8 counties or parts of
such counties in the State of Ohio.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
Electric Service Employees Union, Local No. 104, herein called the
Intervenor, is a labor organization, claiming to represent employees
of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
The Employer and the Intervenor maintain that no question con-
cerning representation exists, and that the Petitioner does not repre-
sent a substantial number of employees in the appropriate unit.z
Since, as stated above, the Employer refuses to recognize the Peti
tioner as the exclusive bargaining representative, a question concern-
ing representation exists.3 As to the second objection, it is without
merit for the reasons stated in the 0. D. Jennings case.4 Accordingly,
we overrule these contentions, as we did in a recent case involving the
same Employer.5
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
2 On June 16, 1942, after Board certification of the Intervenor (Matter of Ohio Power
Company, Lima Division , 41 N. L R B 59), the Employer and the Intervenor signed a
collective bargaining contract Subsequent thereto, this contract was amended and ex-
tended , the latest extension having terminated on May 31, 1947. The original contract
and all amendments contained a 30-day automatic renewal clause , which provided for the
automatic renewal of the contract for an additional year, unless either party gave notice
'to the other at least 30 days prior to termination , of its desire to terminate or amend the
,contract Neither the Intervenor nor the Employer contend that the latest contract con-
stitutes a bar to this proceeding
8 Matter of Hummel Furniture Manufacturing Company, 72 N . L R B. 301.
4 Matter of O. D Jennings cC Company , 68 N L R B 516.
5 Matter of The Ohio Power Company, 73 N. L. R. B. 384. -
THE OHIO POWER COMPANY
IV. TIIE APPROPRIATE UNIT
627
We find, in substantial accord with the agreement of the parties,
that all full-time physical employees in the Lima Division of the
Employer engaged in production, transmission, and distribution of
electricity, including transmission and distribution patrolmen,
troublemen, linemen, and groundmen, substation operators, and main-
tenance' men, meter men, appliance service men, utility men, store-
room men, janitors, district service men, service meter readers, collec-
tors, steam appliance operators, and maintenance men, excluding all
probationary, office, clerical, and technical employees, watchmen,
guards, working foremen,° and all or any other supervisory employees,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION 7
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with 'The Ohio Power Company,
Lima Division, Lima, Ohio, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of
the Regional Director for the Eighth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Sections 203.55 and 203.56, of National Labor Relations Board Rules
and Regulations-Series 4, among the employees in the unit found
appropriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off, and including
employees in the armed forces of the United States who present them-
selves in person at the polls, 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, to determine whether
they desire to be represented by Utility Workers Union of America
(CIO), or by Electric Service Employees Union, Local No. 104, for
the purposes of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.
Although the parties requested the inclusion of working foremen , it is admitted that
they are supervisory employees. Accordingly, we shall exclude them See Matter of
Rival Foods , lice , 71 N L . R. B. 622.
' Any participant in the election herein may, upon its prompt request to, and approval
thereof by, the Regional Director, have its name removed from the ballot.