The Ohio Public Service Co.

National Labor Relations Board - Board Decisions

Apr 14, 1942

40 N.L.R.B. 530 (N.L.R.B. 1942)

In the Matter of THE OHIO PUBLIC SERVICE COMPANY and INTERNA-
TIONAL BROTHERHOOD OF ELLCZRICAL WORKERS, A. F. L.
In the Matter of THE OIIIO PUBIIC SERVICE COMPANY and LOCAL
.,,UNION No. 177 OF THE UTILITY WORKERS ORGANIZING COMMITTEE,
^C. I. O.
Cases Nos. R-3065 and R=3066, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
April 14, 194
On November 27, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
.above-entitled proceeding.' . On February 9, 1942, the Board issued
.a Supplemental Decision and Second Direction of Election.2 Pur-
suant to the Second Direction of Election, an election by secret ballot
was conducted on February 26, 1942, under the direction and super-
vision of the Regional Director for the Eighth Region (Cleveland,
Ohio). On March 3, 1942, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules and
-Regulations-Series 2, as amended, issued an Election Report, copies
of which were duly served upon the parties.
As to the balloting and its results, the Regional Director reported
.as follows :
Total on eligibility list-------------------------------------- 133
Total ballots cast------------------------------------------- 119
Total ballots challenged------------------------------------- 4
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------- 12
Total valid votes counted----------------------------------- 103
Votes cast for International Brotherhood of Electrical Workers,
A. F. L--------------------------------------------------- 45
Votes cast for Local Union No. 177 of the Utility Workers
Organizing Committee, C. I. 0----------------------------- 58
1 36 N. oL R. B, 1269
238 N. L.R.B 1031
40 N. L R. B., No. 95.
530
THE OHIO PUBLIC SERVICE COMPANY 531
On March fi, 1942, The Ohio Public Service Company filed Objec-
tions to the Election Report on Run-off Election. On March 13, 1942,
the Regional Director issued his Report on Objections to the•Run-off
Election. The Board has considered the Election Report, the objec-
tions thereto, and the Regional Director's report on the objections;
and finds that the objections do .not raise substantial and material
issues in respect to the conduct of the ballot or the Election Report.
The objections are hereby overruled.
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended
. IT IS HEREBY CERTIFIED that. Local Union No. 177 of the Utility
Workers Organizing Committee, affiliated with the Congress of Indus-
trial Organizations, has been designated and selected by a majority
of all employees engaged in 'the production and distribution of elec-
trical energy in the Warren Division of The Ohio Public Service Com-
pany, Cleveland, Ohio, excluding supervisory, office and clerical, and
sales employees, and construction workers, as their representative for
the purposes of collective bargaining, and that, pursuant to Section
9 (a) of the National Labor Relations Act, Local Union No. 177 of
the Utility Workers Organizing Committee, affiliated with the Con-
gress of Industrial Organizations 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.