Union Electric Co. of Missouri

National Labor Relations Board - Board Decisions

May 15, 1941

31 N.L.R.B. 866 (N.L.R.B. 1941)

In the Matter Of UNION ELECTRIC COMPANY OF MIssbuRI, THE ST.
LOUIS COUNTY GAS COMPANY, AND CERTAIN AFFILIATED COMPANIES,
and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 148,,
AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR, AND EM-
PLOYEES' MUTUAL BENEFIT ASSOCIATION (OF UNION ELECTRIC LIGHT
AND POWER COMPANY), PARTY TO THE CONTRACTS
Case No. C-1864.-Decided May 15, 1941
Jurisdiction : gas and electric utility industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr., L. N. D. Wells, Jr., for the Board.
Mr. J. Wesley McAfee, for the respondents.
Mr. W. J. Stuhr and Mr. Clement P. Shea, for the Union.
Mr. William J. Blesse, for the Association.
Mr. Herbert Shenkin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by International Union of Operating En-
gineers,. Local No. 148, affiliated with the American Federation of
Labor, herein called the Union, the National Labor Relations Board,
l.ervin called the Board, by the Regional Director for the Fourteenth,
Region (St. Louis, Missouri), issued its complaint dated April 17,.
1941, against the Union 'Electric Company of Missouri, St. Louis,
Missouri; The St. Louis County Gas Company, Webster Groves,,
Missouri, and the following named subsidiaries of the Union Electric
Company of Missouri : the Union Electric Company of Illinois, St.
Louis, Missouri; Union Colliery Company, St. Louis, Missouri
Mississippi River Power Company, St.'Louis, Missouri; Iowa Union
Electric Company, St. Louis, Missouri; Union Electric Land and
Development Company, St. Louis, Missouri; and Cupples Station
Light, Heat, and Power, Company; St:' Louis, Missouri, herein called
the respondents; alleging that they have engaged in and were en-
31 N. L. R. B., No. 145.
866 '
UNION ELECTRIC COMPANY OF MISSOURI 867
gaging in unfair labor practices affecting commerce, within the mean-
ing of Section 8 (1) and (2) and Section 2 (6) and (7) of the
National Labor Relations Act, 49 Stat: 449, herein called the Act.
Copies of the complaint and notice of hearing thereon were duly
sers-ed upon the re^poridents, the Union, and Employees' Mutual
Benefit Association (of Uiiion Electric Light and Power Company),
herein called the Association.
The complaint alleged in substance that the respondents had dom-
inated and interfered with the formation and administration of the
Association and had contributed various forms of support to,it, and
had in certain other specified ways interfered with, restrained, and
coerced their employees in the exercise of the right3 guaranteed in
Section 7 of the Act.
On April 17,, 1941, before any hearing was held in the matter,
the respondents, the Union, the Association, and counsel for the
Board entered into a stipulation in settlement of the case. The
stipulation provides as follows :
It is hereby stipulated and agreed by and between Union
Electric Company of Missouri, The St. Louis County Gas Com-
pany, Union Electric Company of Illinois, Union Colliery'
Company, Mississippi River Power Company, Iowa Union
Electric Company, Union Electric Land and Development Com-
pany, Cupples, Station Light, Heat, and Power Company
(hereinafter called the "respondents") ; International Union of
Operating Engineers, Local No,. 148 (hereinafter sometimes
called the "union") ; Employes' Mutual Benefit Association (of
Union Electric Light and Power Company), (hereinafter some-
times called the "EMBA"), and L. N. D. Wells, Jr., Regional
Attorney for the Fourteenth Region of the National. Labor
Relations Board, as follows :
I
Charges were filed by the union with the Regional Director
,for the Fourteenth Region of the Board alleging that the re-
spondents had engaged in and were engaging in unfair labor
practices affecting commerce within the meaning of Section- 8,
subsections (1) and (2) and Section 2, subsections (6) and (7)
of the National Labor Relations Act (hereinafter called the
"Act"). Thereafter on April 17, 1941 the Board, through the
Regional Director for the Fourteenth Region duly issued its
complaint and notice of hearing, alleging that the respondents
and each of them had engaged in and were, engaging in unfair
labor practices affecting commerce within the meaning of Sec-
4418 1 3-4 2-v of 31--56
868 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
tion 8, subsections (1) and (2) and Section 2, subsections (6)
and (7) of the Act.
The charges and the complaint, together with the notice of
hearing and copies of the Rules and Regulations of the Board,
Series 2, as amended, were duly served upon the respondents
and each of them, on the union, and on, the EMBA on April 17,
1941. Each of the above-mentioned parties hereto hereby ac-
knowledge due and timely service of the complaint and attached
documents mentioned above.
Neither the respondents nor the EMBA filed an answer to
the Board's complaint; and the respondents and each of them
and the EMBA hereby waive the right to file an answer.
II
All parties hereto admit each and every allegation contained
in paragraphs 1 through 13 inclusive in the complaint filed
herein, and the respondents and each of them agree and admit
that they as an integrated business enterprise and some of them
individually are engaged in interstate commerce within the
meaning of Section 2, subsections (6) and (7) of the National
Labor Relations Act and that their businesses affect commerce
within the meaning of said Act and that the commission of un-
fair labor practices within the meaning of the National Labor
Relations Act by them or any of them has a close, intimate, and
substantial relation to trade, traffic, and commerce among the
several states and tends to lead to labor disputes, burdening and
obstructing commerce, and the free flow of commerce.
It is agreed that the above admissions, or other admissions
herein, are made for the purpose of this proceeding or other
proceedings before or instituted by the National Labor Rela-
tions Board only, and that they are not to be in any wise bind-
ing upon or used to the prejudice of any of the -parties hereto
in any proceeding or proceedings, other than those before or
instituted by the National Labor Relations Board in connection
with or for the purpose of enforcing the order herein agreed to.
III
All parties hereto agree that the charge, complaint, and notice
of hearing referred to in paragraph I above and this stipulation
shall constitute the entire record in this cause and that said
documents shall become the record herein by filing with the Chief
Trial Examiner of the National Labor Relations ' Board at
Washington, D. C.
UNION ELECTRIC COMPANY OF MISSOURI 869
IV
All parties hereto expressly waive the right to a hearing in
this matter and the makings of finding of fact and conclusions of
law by the National Labor Relations Board; and expressly agree
and consent that the National Labor Relations Board may forth-
with enter an order 'providing as follows :
"The respondents, Union Electric Company of Missouri, the
St. Louis County Gas Company, Union Electric Company of
Illinois, Union Colliery Company, Mississippi River Power Com-
pany, Iowa Union Electric Company, Union Electric Land and
Development Company, Cupples Station Light, Heat, and Power
Company, and each of them, and their respective officers, agents,
successors, and assigns shall:
1. Cease and desist from
(a) Dominating or interfering with the administration of
Employes' Mutual Benefit Association (of the Union Electric
Light and Power Company) as a labor organization or with the
formation and administration of any other labor organization of
the employees, and from contributing support to said Employes'
Mutual Benefit Association (of the Union-Electric Light and
Power Company) as a labor organization or to any other labor
organization of their employees.
(b) Giving effect to any contracts or agreements concerning
rates of pay, wages, hours of employment, or other conditions of
employment, with Employes' Mutual Benefit Association (of the
Union Electric Light and Power Company) or to any extension,
renewal, modification or supplement of any of such contracts
and agreements.
(c) Requiring their employees, or any of -them, to become or
remain members of the Employe's Mutual Benefit Association (of
the Union Electric Light and Power Company) as a labor or-
ganization; and requiring membership in the said Employes'
Mutual Benefit Association (of the Union Electric Light and
Power Company) as a labor organization as a condition of
employment.
(d) Recognizing the Employes' Mutual Benefit Association
(of the Union Electric Light and Power Company) as the repre-
sentative of any of their employees for the purpose of dealing
with the respondents concerning grievances, labor, disputes, wages,
\rates, of pay, hours of employment, or other conditions of em-
ployment.
(e) Employing persons or agencies to spy upon the activities
of their employees in behalf of labor organizations or in the
870 DE'CISION'S OF NATIONAL LABOR REL;ATTON'S BOARD
exercise of their rights to self-organization, to form, join or assist
labor organizations, to bargain collectively through representa-
tives of their own choosing; and to engage in concerted activities
for the purpose of collective bargaining or other mutual aid or
protection. ,
(f) In any other manner interfering with, restraining, or
coercing their employees in the exercise of their rights to self-
organization, to form, join, or assist labor organizations, to
bargain collectively through representatives of, their own choos-
ing, and to engage in concerted' activities for the purpose of
collective bargaining, and other mutual aid or protection, as
guaranteed in Section 7 of the National Labor Relations Act.
2. Take the following affirmative action to effectuate the poli-
cies of the National Labor Relations Act : ,
(a) Withdraw all recognition from Employes' Mutual Bene-
fit Association (of the Union Electric Light and Power Com-
pany) as a representative of any of their employees for the
purpose of dealing with the respondents concerning grievances,
labor disputes, rates of pay, wages, hours of employment,, or
other conditions of employment, and completely disestablish
Employes' Mutual Benefit Association (of the Union Electric
Light and Power Company) as collective bargaining repre-
sentative.
(b) Notify the Employes' Mutual Benefit Association (of the,
Union Electric Light-and Power Company) in writing that all
contracts and agreements between the respondents, or any of
them, and the Employes'\ Mutual Benefit Association (of the -
Union Electric Light and Power Company), or any extension,
renewal, modification, or supplements of any such contracts and,
agreements relating to wages, hours, or working conditions are
void and of no effect.
(c) Immediately post notices to their employees in conspicu-
ous places on all bulletin boards throughout their system and
maintain'such notices for a- period of at least sixty (60) con-
secutive days from the date of posting, stating,
(1) That respondents will not engage in the conduct from
which they are ordered to cease and desist in paragraphs 1 (a)
to,(f) inclusive-of this order.
(2) That respondents withdraw and will refrain from all
recognition of Employes' Mutual Benefit Association (of the,
Union Electric Light and Power Company) as a representative
of any of their employees for the purpose of dealing with re-
spondents concerning grievances, labor disputes, wages, rates
UNION ELECTRIC COMPANY OF MISSOURI 871
of pay, hours of employment, or other conditions of employ-
ment ;
(3) That the contracts with the Employes' Mutual Benefit
Associatioii (of the Union Electric Light and Power Company)
concerning wages, hours of employment, or other conditions of
employment are 'Void and of no effect; and
(4) That respondents, completely disestablish the Employes'
Mutual Benefit Association (of the Union Electric Light and
Power Company) as collective bargaining agency.
(5)-That the respondents' employees are free to become or
remain members of the International Union of Operating Engi-
neers, Local No. 148, and the respondents will not discriminate
against t ny employee because of membership or activity in that
organization.
(d) Notify the Regional Director for the Fourteenth Region
in writing, within ten (10) days from the date of this Order
what steps the respondents have taken to comply herewith."
11
V
The parties hereto consent to the entry by any United States
Circuit Court of Appeals of an enforcement order embodying,
the terms of the Board's order agreed to above, and all parties
hereby waive further notice of the application for and the entry
of such Court order.
VI
All stipulations herein made are subject to the approval of
the National Labor Relations Board, and should the National
Labor Relations Board fail to approve the terms and conditions
contained herein, this stipulation shall be entirely void and of
no effect. '
VII
The entire agreement of the parties hereto is contained within
this stipulation and there is no other agreement, verbal or written,
which in any way varies or alters the agreement contained herein.
VIII
By entering into this stipulation, the companies in no wise
admit that since May 19, 1939 they have engaged in any labor
espionage or in the employment of labor spies. The companies
affirmatively assert that since the complete change of executive
officers of the companies on May 19, 1939, they have not approved
872 DECISIONS OF' NATIONAL LABOR RELATI'ON'S BOARD
or permitted the employment of persons or agencies to spy upon
their employees nor have they ' intentionally engaged in unfair
labor practices.
On April 28, 1941, the Board issued its order approving the above
stipulation, making it a part of the record in the case, and trans-
ferring the preceding to the Board for the purpose of entering a de-
cision and order by the Board pursuant to the provisions of the
stipulation.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS
The respondent Union Electric Company of Missouri is a Missouri
corporation, with its principal office and place of business in St.
Louis, Missouri. It conducts an electric utility business in St. Louis,
Missouri, and surrounding countiesi in the course of which it pro-
duces, transmits, sells, and distributes electric energy, and produces,
distributes, and sells steam for heating purposes.
The respondent The St. Louis County Gas Company is a Missouri
corporation, with its principal office and place of business in Webster
Groves, St. Louis County, Missouri. It is engaged in St. Louis
County, Missouri, and in the surrounding area, in the production,
sale, and distribution of natural and artificial gas.
The respondent Union Electric Company of Illinois is an Illinois-
corporation, with its principal office and place of business in St.
Louis, Missouri. It is engaged in a certain portion of the State of
Illinois in the conduct of a utility business, in the course of which
it produces, transmits, sells, and distributes electric energy, and
produces, sells, and distributes natural and artificial, gas.
The respondent Union Colliery Company is a Missouri corpora-
Lion, with its principal office and place,of business in St. Louis, Mis-
souri. It is engaged in the State of Illinois in the production, sale,
and distribution of coal and related products.
The respondent Mississippi River Power Company is a Maine cor-
poration, with its principal office and place of business in St. Louis,
Missouri. It is engaged in the production, sale, and distribution of
electric energy in certain portions' of Missouri, Illinois, and Iowa.
The respondent Iowa Electric Company is an Illinois corporation,
with its principal office and place of business in St. Louis, Missouri:
It is engaged in the production, sale, and distribution of electric
energy in certain portions of Iowa and Illinois, and also in the pro-
duction, sale, and distribution of gas in said areas.
UNION ELECTRIC COMPANY OF MISSOURI 873,
The respondent Union Electric Land and Development Company
is a Missouri corporation, with its principal office and place of business
in St. Louis, Missouri. Its business consists of the care and mainte-
nance of certain properties used by various of the other respondents
herein in the conduct of their business.
The respondent Cuppl'es Station Light, Heat and Power Company
is a Missouri corporation, with its principal office and place of busi-
ness in St. Louis, Missouri. Its business consists of the distribution
of electric energy in St. Louis, Missouri.
The last six companies named above are subsidiaries of Union Elec-
tric Company of Missouri. The eight companies'together constitute
an integrated public utility enterprise. Substantial amounts of. the
raw materials necessary for the operation of the enterprises conducted
by certain of the respondents are shipped to those respondents from
points outside the State of destination; and a substantial portion of
the electric energy'produced by certain of the respondents is trans-
mitted' and' distributed in interstate commerce between the States of
Missouri, Illinois, and Iowa. Furthermore, the respondents, or some
of them, supply electric energy, gas, and steam to various consumers
in Missouri, Illinois, and Iowa, which are themselves engaged in the
transportation or transmission of persons, articles, and messages in
interstate commerce. The respondents, or some of them, supply elec-
tric energy, gas, and steam to various consumers in Missouri, Illinois,
and Iowa, which are themselves engaged in the manufacture; sale,
and distribution of articles -which flow in interstate commerce. These
consumers of electric energy, gas, and steam are dependent upon the
respondents, or some of them, for the operation of their businesses;
and any interruption in the services furnished by the respondents
would constitute a burden upon, and in many cases would effect a
complete stoppage of the flow of interstate commerce. As'indicated
above, the respondents stipulated, for the purposes of this proceeding,
that they, as an integrated-enterprise, and some of them individually,'
are engaged in commerce within the meaning of the Act.
Accordingly, we find that the above-described -operations of the
respondents constitute a continuous flow of trade, traffic, and com-
merce among the several States within the meaning of S--'ion 2 (6)
of the Act. -
II. THE ORGANIZATIONS INVOLVED
International Union of Operating Engineers, Local No. 148, affili-
ated with the American Federation of Labor, and Employees' Mutual'
Benefit Association (of Union Electric Light and Power Company)
are labor organizations within the meaning of Section 2 (5) of the
National Labor Relations Act.
874 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the above findings of fact, the stipulation, and
the entire record in the case, and pursuant, o Section 10, (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that the respondents, Union Electric Company of
Missouri, the St. Louis County Gas Company, Union Electric Com-
pany of Illinois, Union Colliery Company, Mississippi River Power
Company, Iowa Union Electric Company, Union Electric Land and
Development Company, Cupples Station Light, Heat, and Power
Company, and each of them, and their respective officers, agents,
successors, and assigns shall:
I. Cease and desist from
(a) Dominating or interfering with the administration of Em-
ployes' Mutual Benefit Association (of the Union Electric Light and
Power Company) as a labor organization or with the formation and
administration of any other labor organization of the employees, and
from contributing support to said Employes' Mutual Benefit'Asso-
ciation (of the Union Electric Light and Power Company) as a
labor organization or to any other labor organization of their
employees;
(b) Giving effect to any contracts or agreements concerning rates
of pay, wages, hours of employment, or other conditions of employ-
ment, with Employes' Mutual Benefit Association (of the Union
Electric Light and Power Company) or to any extension, renewal,
modification or supplement of any of such contracts and agreements;
(c) Requiring their employees, or any of them, to become or
remain members of the Employes' Mutual Benefit Association (of
the Union Electric Light and Power Company) as a labor organiza-
tion; and requiring membership in the said Employes' Mutual Benefit
Association (of the Union Electric Light and Power Company) as a
labor oragnization as a condition of employment;
(d) Recognizing the Employes' Mutual Benefit Association (of the
Union Electric Light and Power Company) as the representative
of any of their employees for the purpose of dealing with the
respondents concerning grievances,, labor disputes, wages, rates of
pay, hours of employment, or other conditions of employment;
(e) Employing persons or agencies to spy upon the activities of
their employees in behalf of labor organizations or in the exercise
of their rights to self-organization, to form, join, or assist labor
organizations, to bargain collectively through representatives of their
own choosing, and to engage in concerted activities for the purpose
of collective bargaining or other mutual aid or protection;
UNION ELECTRIC COMPANY OF MISSOURI 875
(f) In any other manner interfering with, , restraining, or co-
ercing their employees in the exercise of their rights to self-organi-
zation, to form, join, or assist labor organizations, to bargain col-
lectively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective bargain-
ing, and other mutual aid or protection, as guaranteed in Section 7
of the National Labor Relations Act. -
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Withdraw all recognition from Employes' Mutual Benefit
Association (of the Union Electric Light and Power Company) as a
representative of any of their employees for the purpose of dealing
with the respondents concerning grievances, labor disputes, rates of
pay, wages, hours of employment, or other conditions of employment;
and completely disestablish Employes' Mutual Benefit' Association
(of the Union Electric Light and Power Company) as collective
bargaining representative;
(b) Notify the Employes' Mutual Benefit Association (of the
Union Electric Light and Power Company) in writing, that all
contracts and agreements between the 'respondents, or any of them,
and the Employes' Mutual Benefit Association (of the Union Electric
Light and Power Company), or any extension, renewal, modification,
or supplements of any such contracts and agreements relating to
wages, hours, or working conditions are void and of no effect;
(c) Immediately post notices to their employees in conspicuous
places on all bulletin boards throughout their system and maintain
such notices for a period of at least sixty (60) consecutive days from
the date of posting, stating,
(1) That respondents will not engage in the conduct from which
they are ordered to cease and desist in paragraphs 1 (a) to (f)
inclusive of this order;
(2) That respondents withdraw and will refrain from all recog-
'nition of Employes' Mutual Benefit Association (of the Union Elec-
tric Light and Power Company) as a representative of any of their
employees for the purpose of dealing with respondents concerning
grievances, labor disputes, wages, rates of pay, hours of employment,
or other conditions of employment;'
(3) That the contracts with the Employes''Mutual Benefit Asso-
ciation (of the Union Electric Light and Power Company) con-
cerning wages, hours of employment, or. other conditions of
employment are void and of no effect; and
(4) That 'respondents completely disestablish the Employes' Mu-
tual Benefit Association (of the, Union Electric Light and Power
Company) as collective bargaining agency; -
I
876 DECISTONS OF NATIONAL LABOR RELATIONS BOARD
(5) That the respondents' employees are free to become or remain
members of the International Union of Operating Engineers, Local
No. ' 148, and the respondents will not discriminate against any em-
ployee because of membership or activity in that organization;
(d) Notify the Regional Director for the Fourteenth Region in
writing, within ten (10) days from the date of this Order what
steps the respondents have taken to comply herewith.