Virginia Electric & Power Co.

National Labor Relations Board - Board Decisions

May 25, 1943

49 N.L.R.B. 1095 (N.L.R.B. 1943)

In the Matter Of VIRGINIA ELECTRIC & POWER COMPANY and INTER-
NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, A. F. OF L.,
LOCAL B-980 AND LOCAL B-1064
In the Matter of VIRGINIA ELECTRIC & POWER COMPANY and UTILITY
WORKERS UNION
Cases Nos . R-5227 and R 5228, respectively .-Decided May 25, 4943
Hunton, Williams , Anderson , Gay c6 Moore , by Messrs . T. Justin
Moore , Edmund M . Preston , and A. B. MeEwen , of Richmond, Va.,
and Mr . R. E. Miller, of Norfolk, Va .; for the Company.
Mr. Lawrence F. Daly, of Washington , D. C., Mr. JW. Eugene
Sayers, of Clearfield , Pa., and Mr . James E. Reilly, of Richmond,
Va., for the I. B. E. W.
Messrs. E. A . B7^inkley, HePbert L. Fulglzam. , L. H. Old and H. R.
Brockmyer, of Norfolk , Va., for the U. W. U.
Mrs. Augusta Spaulding , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Brotherhood
of Electrical Workers, A. F. of L., Local B-980 and Local B-1064,1
herein collectively called the I. B. E. W., and Utility Workers Union,
herein called the U. W. U., each alleging that a question affecting
commerce had arisen concerning the representation of employees of
Virginia Electric & Power Company, Richmond, Virginia,, herein
called the Company, the National Labor Relations Board provided
for an appropriate consolidated hearing before Earle K. Shawe,
i At the hearing , the petition in Case No R-5227 and other foimal papers in these con-
solidated proceedings were amended to show that Local B-980 and Local B-1064 joined
as copetitioners herein.
49 N. L. R. B , No. 159.
1095
1096 DECISIONS OF NIATIONAL LABOR RELATIONS BOARD '
Trial Examiner.2 Said hearing was held at Norfolk, Virginia, on
April 22, 23, and 24, 1943. The Company, the• I. B. E. W., and the
U. W.' U. appeared and participated. At the commencement of the
hearing; the Company moved to dismiss both petitions herein, on the
ground that both the proposed bargaining units were inappropriate.
The Trial Examiner did not rule upon this motion. For reasons
which appear in Section IV, below, the motions are denied. During
the course of the hearing, the I. B. E. W. moved to dismiss the
petition of the U. W. U., on the ground that the U. W. U. did not
show sufficient interest among employees in an appropriate unit.
The Trial Examiner did not rule upon this motion. For reasons
which appear in Section IV, below, the motion is denied. All parties
were afforded full opportunity to be heard, to examine and cross-,
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings' made at the hearing are free from
prejudicial error and are hereby affirmed.
The Company on May 8, the I. B. E. W., on May 1, and the
U. W. U., on May 12, 1943, filed briefs which the Board has con-
sidered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Virginia Electric & Power Company is engaged in the business of
generating, distributing, and selling electric energy in eastern
Virginia and in, northeastern North Carolina over an area compris-
ing approximately 13,500 square miles. The Company manufactures'.
distributes, and sells gas at Norfolk, Virginia .3
The Company maintains its principal office at Richmond, Virginia,
and 15 branch offices in various cities and towns of Virginia and
North Carolina. It maintains hydroelectric generating plants at
2 Notice of hearing in Case No R-5227 was issued on April 15 , 1943 , and duly served
upon all parties . Pursuant to the notice , the hearing convened on April 22 , 1943. On this
day the Board issued an order consolidating Case No R -5227 and Case No. R-5228, both
of which ' concern employees of the Company At the commencement of the hearing, the
Trial Examiner advised all parties of the Board ' s order of consolidation . All parties
waived any defects in the formal papers and in the notice of hearing iNilh respect to Case
No. R-5228 and agreed that , on the basis of the Board ' s order of consolidation , the hear-
ing should proceed forthwith on both petitions . The parties stipulated that the captions
of all formal papers be amended to show their consolidation In accordance with the
stipulation of the'parties , all formal papers aie hereby amended to show the consolidation
of the proceedings herein.
S The Company also operates a street -railway and bus service at Richmond and at Nor-
folk, Virginia , bus service at Portsmouth and Petersburg , Viiginia , and an interurban
bus service between Richmond and Petersburg, Virginia. Operating and maintenance
employees concerned in this transportation service aie restricted to the Company ' s Trans-
portation Department . They -are not directly concerned in this proceeding . See footnote
6, below.
VIRGINIA ELECTRIC-& POWER COMPANY 1097
Richmond, at Petersburg, and at Fredericksburg, Virginia, and at
Roanoke Rapids, North Carolina, and steam generating plants' at
Norfolk and at Richmond, Virginia. , The Company maintains 261,
substations for the distribution of electric energy to its customers in
Virginia and North Carolina. At Norfolk, Virginia, the Company
operates 3 gas generating units for the service of its gas customers.
For the year ending December 31, 1941, the Company's sales of
electricity exceeded $16,900,000. The Company estimates that during
1941, tthe Company purchased •approximately 4,256,000 gallons of oil,
hours of electricity were transmitted from Virginia to North Carolina,
and approximately 3,000,000 kilowatt hours of electricity were trans-
Initted from Noi•th Carolina to Virginia. During 1941, the Company
purchased coal for its electric operations, 91.3 percent of which, in
tonnage, originated outside Virginia. During the same -period the
Company's sales of gas exceeded $1,171,000. For its gas operations in
1941, the Company, purchased approximately 4,256,000 gallons of oil,
all of which originated outside Virginia; coke estimated at approxi-
mately 6,000 tons, which originated in Virginia but was shipped
through a part of West Virginia en route to its destination in Virginia;
and coal estimated at 13,755 tons, all of which originated outside Vir-
ginia. Since 1941 the Company's business has increased in volume.
II. THE LABOR ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, Local B-980 and
Local.B-1064, are labor organizations affiliated with the American
Federation of Labor, admitting to membership employees of the
Company. -
Utility -Workers Union is an unaffiliated labor organization, admit-
ting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On February 3,1943, the I. B. E. W: asked the Company, to recognize
the I. B. E. W. as bargaining agent for certain employees of the Com-
pany in the Norfolk Division of the Company's operations. The Com-
pany refused to recognize the I. B. E. W. on the ground that the unit
proposed by the-I. B. E. W. was not appropriate for bargaining. On
or about March 15, 1943, the U. 'W. U. asked the Company to recognize
the U. W. U. as bargaining agent for certain employees of the Com-
pany in the electric, gas, and clerical departments. The Company
refused to recognize the U. W. U. on the grounds (1) that a conflicting
claim had been filed by the I. B. E. W. and (2) that the unit proposed
by the U. W. U. was not appropriate for bargaining. °
I
1098 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Stateuients prepared by the Regional Director and the Trial Ex'-
aminer and introduced into evidence at the hearing indicate that the
I. B. E. W. represents a substantial number of'einployees in the unit
found appropriate for the Company's electric and gas employees and
that the U. W. U. represents a substantial number of employees in the
unit found appropriate for general clerical employees herein.4
We find that 'questions affecting commerce have arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6), and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNITS
The Company is engaged in generation, distributing and, selling
electric energy in eastern Virginia and northeastern North Carolina,
over a geographical area comprising approximately 13,500 square
miles`. In addition to its electric service, the Company manufactures,
distributes, and sells gas to customers in Norfolk, Virginia, and vicin-
ity. The Company also, furnishes coordinated street-railway and bus
service in Richmond and Norfolk, Virginia, bus service in-Ports-
mouth and Petersburg, Virginia, and a local interurban bus service
between Richmond and Petersburg, Virginia. For administrative
purposes the Company divides its-utility services into descriptively
classified departments, known as the Electric, Gas, Transportation,
and General Departments, respectively. Grouped under the General
Departments are the departments classified as the Executive, Ac-
counting, and others,' Automotive, Health and Welfare, Pensioned
Personnel, and Sales Departments.
The Company maintains its principal office at Richmond; Virginia,
and operates its electric, gas, and transportation services as a single
coordinated activity. For operating purposes the Company divides
the geographical territory which it serves into -three divisions, known
as the' Norfolk, Richmond, and Carolina Divisions. Each division
is subdivided into smaller administrative sections called districts. The
4 The I. B E. W submitted 508 cards which appear to bear genuine signatures of elec-
tric and gas employees on the Company's pay roll of March 31, 1943 The U. W. U sub-
mitted 252 cards, all of which appear to bear genuine signatures of electuc and gas
employees on the same pay roll There are approximately 900 employees in the unit found
appropriate herein for such employees
The U. W. U submitted approximately 300 cards, all of which appear to bear genuine
signatures of general clerical employees on the Company's pay roll of March 31, 1943.
According to testimony introduced at the hearing some clerical employees of the Company
desire to be represented by the I. B E W The I B. E W., however, had not at the time
of the hearing undertaken any active organization of these employees and it submitted no
authorization cards purporting to be signed by them There are approximately 500 general
clerical employees in the unit found appropriate for such employees
5The departments included under this group heading are' Executive and Staff; General
Accounting and Pay Roll ; Customers' Accounting; Stores : Plant, Property and Real
Estate ; Statistical ; Taxes ; Stenographic, Filing, Messengers, Telephone, etc , Purchas-
ing ; Claims , Buildings ; Safety , and Insurance
VIRGINIA ELECTRIC & POWER COMPANY , 1099
functions of employees similarly classified in the several divisions
throughout the Company 's service are generally uniform. Office
work in each division is handled through a local office under the
supervision of the Company 's General Departments . Purchasing for
the entire utility system is done by the General Purchasing Depart-
ment at Richmond . Wage and labor policies are determined by the
executive staff at Richmond and are basically uniform throughout
the territory served by the Company, although there are some adjust-
ments made for local living conditions.
Previous to the filing of the petitions in these consolidated pro-
ceedings, the Company recognized Amalgamated Association of
Street, Electric Railway & Motor Coach Employees of America,
A. F. of L., herein called the Amalgamated , as bargaining represent-
ative of all employees in the Company's Transportation Department,
excluding clerical and supervisory employees . 6 The petitions in the
instant consolidated proceedings concern primarily the Company's
employees in the. Electric , Gas, and General Departments.
The parties agree, and we find, that the bargaining unit appropriate
for employees - engaged in the generation , transmission , and distribu'
tion of gas and electricity in the Electric and Gas Departments of the
Company should be system -wide in scope and should therefore include
employees in like classifications in these departments in the Company's
Richmond , Norfolk, and Carolina Divisions . These employees differ
in their work and skills , but they are primarily manual workers. The
parties agree,. and we find , that storeroom laborers , service men , assist-
ant storekeepers , and truck drivers in the General Departments, all of
whom are manual workers, should be included in the same bargaining
unit.' The parties further agree that pension workers , pensioners,
deputized guards ," confidential clerks, confidential secretaries, I and
part-time employees in the several departments of the Company, and
6In Case No R-4571, it former representation proceeding involving' employees of the
Company, the Board found that all bus and street car operators of the Company in Rich-
mond. Petersburg, Norton: and Portsmouth. Virginia, including the bus operators of the
interurban route between Richmond and Petersburg, but excluding street car and bus de-
spatchers. 'instructors,' and supervisors, constituted an appropriate bargaining unit and
certified the Amalgamated as their bargaining agent. Matter of Virginia Electric & Power
Ooinpany and Amalgamated Association of Street, Electric Railway if Motor Coach Em-
ployees of America, A F of L, 45 N. I, R. B 1313 Subsequent to the Board's certifica-
tion, and pursuant to petitions for investigation and certification of representatives duly
filed by the Amalgamated, separate consent elections were held among all shop and main-
tenance employees in the Transportation Department, excluding clerical and supervisory
employees, and among cashiers and cashier-cleiks in the Transportation Department The
consent-election agreements provided that. if the Amalgamated won these consent elections,
eurployces in both voting, groups should be added to the'unit previously found appropriate
by the Board for bargaining purposes The Amalgamated-won both consent elections, and
the Company subsequently recognized the Amalgamated as bargaining agent of all em-
ployees in the Transportation Department, excluding supervisory and clerical employees.
I These employees are non-supervisory storeroom employees, who supply the workers in
the Electric and Gas Departments with necessary supplies and equipment for their work
I The parties agree, and we find, that ordinary watchmen, as distinct from deputized
guards , should be included in the bargaining unit.
0
1100 DE'CTSIONS OF NATIONAL LABOR RELATIO NS BOARD
all non-clerical employees in the Transportation Department; for_
whom the Amalgamated is bargaining agent, should be excluded from
this bargaining unit. We shall exclude employees in these classifica.
tions from the separate units we'herein find appropriate for bargaining.
We shall consider seriatim the classifications of employees concerning
whom the parties are in dispute.9
Scientific, technical, and professional employees: In its Electric,
Gas, and General Departments the Company employs a number of
chemists, draftsmen, and their assistants, and technical specialists gen-
erally classed as "engineers" and technical employees. The I. B. E. W.
would, exclude all these employees. The U. W. U. would include all
such employees except departmental heads. The Company would in-
clude some and exclude others. Draftsmen and their assistants possess
varying degrees of skill. Their work is for the most part map work,
somewhat technical in character. Chemists are scientifically trained.lo
Professional engineers , and consulting , distribution, sales, and estimat-
ing engineers are technical specialists in their respective fields in the
Company's utility enterprise. Since all employees in these classifica-
tions have technical skill and training and special work problems and
interests which differentiate them from manual employees in the Elec-
tric and Gas Departments (though some of them are highly skilled in
their respective- crafts), we shall exclude them from the same bargain-
ing unit.
Clerical employees: The Company employs approximately 500 cler-
ical employees, some of whom are in the Electric and Gas Depart-
ments. The great majority of these employees are in the Company's
General'Departments. They are salaried employees. The Company
and the U. W. U. would include these employees in the bargaining
unit with manual workers in the Electric and Gas Departments. The
I. B. E. W. would exclude them. Since the office and clerical em-
9 The Company contends that the appropriate unit should include all nonsupervisory
employees in its several departments , excluding confidential secretaries , confidential clerks,
part-time employees , temporary employees , pension workers , pensioners, deputized guards,
and non -clerical employees in the Transportation Department . The U. W.' U. "contends'
that the appropriate unit should include all employees in the several departments of the
Company, excluding confidential secretaries , confidential clerks, part-time employees, pen-
sionworkers , pensioners , deputized guards , all employees in the Transportation Depart-
ment, and all supervisory employees of the rank of departmental heads . The I B. E. W.
contends that all production , maintenance , distribution , and transmission employees in the
Electric and Gas Departments in the Company 's three divisions , including watchmen,
working foremen , operating and assistant watch engineers , and storeroom laborers, serv-
ice men, assistant storekeepers , and truck drivers in the General Departments , but ex-
'cluding all other employees in the General Departments , all employees in the Automotive
and Transportation Departments , all clerical employees , pensioned workers, pensioners,
deputized guards , chemists , technical employees , professional , estimating, and distribution
engineers , draftsmen and their assistants , and all supervisory employees above the rank
of working foreman , constitute an appropriate bargaining unit
10 Chemists are clearly distinguishable from ordinary laboratory workers who do routine'
testing and whose employment is not dependent upon a professional educational train-
ing Routine laboratory workers are skilled manual employees and are included in the
bargaining unit.
I
VIRGINIA ELECTRIC & POWER- COMPANY 1101
ployees, as such,'have little in common with manual employees, we
shall not include office or' clerical employees in the same unit with
manual workers. Since, however, it clearly appears that the U. W. U.
has extended its organization among the Company's clerical and office
employees,and a substantial number of them have signified their desire,
,to bargain collectively with their employer, we shall place office and
clerical employees in a separate bargaining unit." From this unit,
we shall exclude all supervisory employees. In this general clerical
unit we shall include meter readers and collectors, whose work is
largely clerical in character and concerning whose inclusion in the unit
for imanual workers in the Electric and Gas Departments the parties
are for this reason in disagreement.
There are approximately 15 clerical employees in the Transportation
Department. Since the Amalgamated, which is the bargaining agent
for all other non-supervisory employees in this department, is not a
party to these consolidated proceedings, and the interest of the Amal-
gamate&amoiig, clerical, employees_ in the Transportation Department
is not a matter of record herein, we shall not at this time include em-
ployees in the Transportation Department in the clerical unit which
we presently find appropriate. ,
Other Employees in the General Departments of the Company:
Employees in the Automotive Department repair and service trucks
and automotive equipment used in the Electric and Gas Departments
of the Company's utility operations. They do not service the buses
used in the Transportation Department. Since the work of these
employees is primarily manual, as distinct from clerical, work and
the nature of their work touches directly upon the Company's electric
and gas operations, we shall include employees in the Automotive
Department in the unit with manual employees in the Electric and
Gas Departments.
Building maintenance eniployees 12 are administratively part of the
Company's General Departments. Some of them service buildings
primarily used by manual employees generally engaged in the gen-
eration and distribution of gas and electricity. Others service build-
ings set aside primarily for office and clerical employees. The
1. B. E. W. would include building maintenance employees of the first
class with manual employees in the Gas and Electric Departments,
and would exclude the remaining building maintenance employees.
The U. W. U. and the Company would include all such employees in
the same unit. Since the building maintenance employees fall into
"Cf. Matter of Julius Petersen , an individual and Marine Metal Trades Oowncil of the
Port of New York and Vicinity and International Brotherhood of Boilermakers, Iron Ship-
builders and Helpers of Ametica, A F L, 46 N. L . R. B., No. 119.
i2 Janitors , elevator operators , and building-service employees are generally grouped under
this heading.
1102 DEC'TSIONS OF NATIONAL LABOR RELATIONS BOARD
these two general classifications, and we are excluding clerical, em-
ploy^es_from the bargaining unit generally composed of manual work-
ers in the Electric, Gas, and General Departments, we shall include
'in the unit for manual workers only such building maintenance em-
ployees as service buildings primarily set aside for manual employees
and shall exclude other building maintenance employees therefrom.
The Company's Sales Department, which sells ga-s and electric ap-
pliances to the Company' s customers , is presently reduced in size on
account of the present curtailment of supplies due to war conditions.
These sales employees, moreover, are not primarily or directly con-
cerned with the generation and distribution of gas and electricity' and
are not generally classed as manual employees.' We shall therefore
exclude employees in the Sales Department.from the bargaining unit,
herein found appropriate for manual employees in the Electric and
'Gas Departments.
Non-supervisory employees in the Company's General Departments
are for the most,part clerical employees, who will be.included in the
unit found appropriate herein for clerical employees of the Company.
There are some few other miscellaneous employees. We shall exclude
all employees in the General Departments, not, specifically noted above,
from the bargaining units herein found appropriate.
Temporary employees: From time to time the Company hires a
considerable number of employees for specific jobs, generally in the
nature of construction work! Such employees are listed as temporary
employees 13 and are placed! on a special pay roll. Some temporary
employees secure permanent positions with the Company if vacancies
for which they are eligible occur during their temporary employment,
and they are thereupon reclassified as regular employees. Temporary
employees do not generally average over 30 days' employment. Some,
however, remain on the Company's pay roll for periods longer than
90 days. The Company and the I. B. E. W. would exclude all tem-
porary employees from their respectively proposed bargaining units;
the U. W. U. would include within its proposed unit all temporary
employees who have been employed more than' 90 days, and would
exclude all others. Since employees who remain on the pay roll for
90 days have a substantial interest in the conditions under which they
perform their work, we shall include such employees in the bargaining
units found appropriate herein and shall exclude other temporary
employees.
13 Temporary employees are distinguishable from special temporary employees who are
employees hired to replace regular employees absent on military and other'leave. Special
temporary employees are eligible for permanent employment if the positions to which they
are allocated become vacant due to death or permanent release from the Company's em-
ployment In accordance with the agreement of the parties, we find that special temporary
employees should be included in the bargaining units.
V IRGIN'IA ELECTRIC & POWER COMPANY 1103
Working foremen: The parties agree that all supervisory employees
except working foremen should be excluded from the bargaining unit
for manual workers. The parties disagree with respect to working
foremen. The Company would exclude them, and the I. B. E. W.
and the U. W. U. would include them. There are approximately 76
employees in this general category although they are variously classi-
fied on the Company's' pay roll 14 Working foremen do not have the
power to hire or-discharge employees working under their direction.
They supervise and assign the work of varying number of employees
in their charge. Working foremen are generally , salaried. employees.
The Company's non-supervisory employees are usually hourly paid.
Working foremen recommend disciplinary action, transfers, employ-
ment, and discharges. They are eligible to attend the meetings of
regular foremen: All working foremen do some manual work. The
amount, however, of such work varies-with the nature of the job and
the scarcity of competent labor. The amount of manual work they
perform does not relieve them of their immediate responsibility of
supervising and directing the work of employees under them. Work-
ing foremen keep the time of the men assigned to them, and records
of overtime. They have some discretion in holding men overtime to
complete work. They are responsible for the requisition of the ma-
terials, necessary to the work laid out for them by their superiors, and
are responsible for the care and return of such supplies. Although
there is considerable difference in the degree of supervisory power
and importance of the several classes of working foremen concerning
whom the parties disagree, it is clear that all working foremen have
supervisory status and that substantial managerial authority is dele-
gated,to them. For these reasons we will exclude all working foremen
from, the bargaining unit,for manual employees 15
We find that all employees of the Company in the Electric and Gas
Departments, all storeroom laborers, service men, assistant store-
keepers, and truck drivers in the General Departments, building main-
tenance employees who service buildings primarily set aside for the
use of manual employees in the Electric, Gas, and General Depart-
14 Woiking foremen are variously classified on the Company's pay roll as local super-
visois, comnbmation foremen and welders in the Gas Department , substation foremen, shop
foremen , assistant , shop ' foremen , assistant maintenance foremen , boiler-room foremen, and
the plant *electcician Due to the present shortage of skilled labor, other supervisory
employees in emergencies lend assistance to employees working under their direction.
The Company however , does not classify them as "working" supervisors.
Ii Neither the I. B D w nor the U W U. specifically requests that the Board find that
the working foremen for whom they desire to bargain collectively constitute a separate
bargaining unit In any event , for the reasons expressed in both the majority and dis-
senting opinions of the Maryland Dry Dock Company case, we will not set apart the work-
ing foremen in a separate unit appropriate for the purposes of collective bargaining. The
Maryland Dry Dock Company and Local No 31 of the Industrial Union of Marine and Ship-
building 11'orkers of America , 49 N. L R B , No. 105.
1104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD '
ments, and all employees in the Automotive Department, including
watchmen, special temporary employees, and temporary employees
who have been employed 90 days or more, but excluding all other
employees in the General Departments, all pensioned workers, pen-
sioners, deputized guards, draftsmen and their assistants, professional,
consulting,.distribution, estimating, and sales engineers, scientific and
technical employees, chemists, confidential secretaries, confidential
clerks, all office and clerical employees, part-time -employees, tem-
porary employees who have been employed for less than 90 days,
working foremen and all other supervisory employees, and all em-
ployees, in the Transportation Department, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act.
We find that all office and clerical employees of the Company, in-
cluding collectors, meter readers, special temporary employees, and
temporary employees who have -been employed 90 days or more, but-
excluding all pensioned workers, pensioners, part-time employees,
temporary employees who have been employed less than 90 days, con-
fidential secretaries, confidential clerks, supervisory employees, and
employees in the Transportation Department, constitute a. unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES.
We find that the question`s concerning the representation of em-
ployees of the Company can best be determined by seperate elections
by secret ballot.
Since the U. W. U. is engaged in organizing the Company's em-
ployees on a system-wide scale and represents some non clerical
employees in the Electric and Gas Departments, and desires to par-
ticipate in any election held among them at this time, we shall provide
that the U. W. U. participate with the I. B. E. W. in the election
among the manual employees in the Electric, Gas, and General
Departments. The I. B. E. W. requests that the name of the inter-
national, and not the names of the local unions, appear upon the ballot.
We shall grant the request.
The I. B. E. W. submitted no substantial evidence of representation
among the Company's office and clerical employees, and so far as the
record discloses, the I. B. E. W. does not desire to participate in the
election among these employees. We shall not, therefore, at this time
place the I. B. E. W. upon the ballot in ' this_election. We shall, how-
ever, permit the I. B. E. W. to participate in the election, provided
the I. B. E. W. gives notice to the Regional Director of a desire to
VIRGINIA ELECTRIC Sr POWER COMPANY 1105
appear upon the ballot `within 5 days of„ the date of the issuance of
this Decision and Direction of Elections.
Those eligible to vote in the separate elections shall be' all employees
of the Company in the respective units found appropriate in Section
I-V; above, who were employed during the pay-roll period immediately
preceding the date of the Direction of Elections herein, subject to the
limitations and additions set forth in the Direction.'
DIRECTION OF ELECTIONS
By virture of and pursuant to the power vested inthe National Labor
Relations Board by Section 9 (c) of the National Labor Relations 'Act,
and pursuant to Article III, Section 9,'of National Labor Relations
Board Rules and Regulations -Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Virginia Electric
and Power Company, Richmond, Virginia, separate elections by secret
ballot shall be conducted 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 Fifth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10, of said Rules and Regulations,
among all employees of the Company within the respective units set
forth below, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction, including, 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 themselves in person at the
polls, but excluding employees who have since quit or been discharged
for cause,
(1), All manual employees in the Electric, Gas, and General De-
partments ,in, the ,unit found , appropriate in Section IV, above, to
determine whether they 'desire to be represented by International
Brotherhood of Electrical Workers, A. F. of L., or by Utility Workers
Union, for the purposes of collective bargaining, or by neither; and
(2) All office and clerical employees in the unit found appropriate
in Section IV, above, to determine whether or not they desire to be
,represented by Utility Workers Union, for the purposes of collective,
bargaining. -