Wisconsin Electric Power Co.

National Labor Relations Board - Board Decisions

Dec 4, 1963

145 N.L.R.B. 260 (N.L.R.B. 1963)

260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WE WILL NOT in any like or related manner restrain or coerce employees in
the exercise of rights guaranteed in Section 7 of the Act.
DISTRICT 19 UNITED MINE WORKERS OF AMERICA,
Labor Organization.
Dated------------------- By-------------------------------------------
(Representative) (Title)
LOCAL #7083 UNITED MINE WORKERS OF AMERICA,
Labor Organization.
Dated------------------- By-------------------------------------------
(Representative) (Title)
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered, defaced, or covered by any other material.
Employees may communicate directly with the Board's Regional Office, 528
Peachtree-Seventh Building, 50 Seventh Street NE., Atlanta 23, Georgia, Telephone
No. Trinity 6-3311, Extension 5357, if they have any question concerning this notice
or compliance with its provisions.
APPENDIX B
NOTICE TO ALL EMPLOYEES, MEMBERS AND NONMEMBERS
Pursuant to the Recommended Order of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the Labor Management
Relations Act, you are hereby notified that:
WE WILL NOT picket, or cause to be picketed, Grundy Mining Company, where
an object thereof is to force or require it to recognize or bargain with us or any
other labor organization as the representatives of its employees in violation of
Section 8(b) (7) (C) of the Act.
UNITED MINE WORKERS OF AMERICA, PALMER LOCAL 5881,
Labor Organization.
Dated------------------- By-------------------------------------------
(Representative) (Title)
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered, defaced, or covered by any other material.
Employees may communicate directly with the Board's Regional Office, 528
Peachtree-Seventh Building, 50 Seventh Street NE., Atlanta 23, Georgia, Telephone
No. Trinity 6-3311, Extension 5357, if they have any question concerning this notice
or compliance with its provisions.
Wisconsin Electric Power Co. and Local 412, Utility Workers
Union of America , AFL-CIO,' Petitioner . Case No. 13-RC-
1742. December 4, 1963
DECISION AND ORDER CLARIFYING CERTIFICATION
On March 28, 1951, the Board issued a Certification of Representa-
tives in the above-entitled proceeding, in which CIO-Local Industrial
Union, Public Service Employees Local 1368, was certified as the
collective-bargaining representative for the employees of the Wis-
1 The caption is hereby amended to reflect the current name of the Petitioner. See foot-
note 5 , below. International Paper Company, Long-Bell Division, Gardiner Branch,
143 NLRB 1192
145 NLRB No. 29.
WISCONSIN ELECTRIC POWER CO. 261
consin Electric Power Company Extension System 2 in a unit of "all
empls [sic] of the accounting, sales, promotional, addressograph, col-
lection & engineering departments, day telephone operators, janitors
& janitresses & customer contract clerks in the company offices, junior
engineers, & all meter readers, bill deliverers, storeroom empls & night
loaders, EXCL all empls [sic] in the Metropolitan System of the
Company." On December 15, 1953, Local 412, Utility Workers Union
of America, AFL-CIO,3 the Petitioner herein, became the successor
to CIO-Local Industrial Union, Public Service Employees Local
1368. Since the 1951 certification the Employer and the Utility
Workers or its predecessor have been parties to successive collective-
bargaining agreements. Their current contract of 2 years' duration
expires on December 16,1964.
On July 9, 1963, the Petitioner filed a motion to clarify certifica-
tion requesting that all work dispatchers be specifically included in
the certified unit. Thereafter, on August 2, 1963, Local 494, Interna-
tional Brotherhood of Electrical Workers,4 Intervenors herein, filed
its statement of position in opposition to the Petitioner's motion. The
Employer has taken no position with respect to the contentions of the
Utility Workers or the Electrical Workers. On August 15, 1963, the
Board referred the matter to the Regional Director for the Thirteenth
Region for the purpose of conducting a hearing on the issues raised
by the parties. A hearing Was held on September 18, 1963, before
Julius N. Draznin, Hearing Officer.5 The Hearing Officer's rulings are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [_Members Leedom, Fanning, and Brown].
Upon the entire record in this case, the Board finds:
The record shows that, since at least 1955, the Utility Workers has
represented the classification of work dispatcher in the certified unit
of clerical and related classifications of employees set forth above.
The duties of the work dispatcher classification are primarily clerical
in nature and consist of answering and recording telephone and radio
calls from company personnel; preparing and transmitting daily route
schedules showing work assignments; handling customer service calls,
trouble calls, and inquiries and billing customers for service work
2 Wisconsin Electric Power Company has two principal divisions , one identified as the
Metropolitan System and the other identified as the Extension System. The Extension
System , with which we are concerned herein, covers Racine and other points outside of
Milwaukee , Wisconsin
s I7erein called Utility Workers
'Herein called Electrical Workers
8 The parties agreed at the hearing that Local 412, Utility Workers Union of America,
AFL-CIO, is the successor to CIO-Local Industrial Union, Public Service Employees
Local 1368 , and currently represents the unit certified in Case No . 13-RC-1742.
262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
performed ; and preparing meter test orders and recording and fol-
lowing meter test results.
The Electrical Workers represents a unit comprised mainly of main-
tenance and construction employees of the Employer , but includes
three former night telephone operators . Before the change set forth
below, these night telephone operators ' sole duties were to answer and
to record telephone and radio calls from company personnel and to
handle customer service calls , trouble calls , and inquiries.
The record further shows that , effective June 1, 1963 , the Employer
merged the night telephone operator and the work dispatcher classi-
fications into a composite group which was designated as the Racine
Electric Distribution Department Work Dispatchers. The functions
of these former classifications were absorbed by the new group, Whose
members were rotated among the various shifts, and employees for-
merly classified as night telephone operators were required to perform
all of the duties of work dispatchers. Although the newly merged
classification is under common supervision, three work dispatchers
who were formerly night telephone operators have continued to be
represented by the Electrical Workers, while all other work dis-
patchers are represented by the Utility Workers.
It is evident from all of the foregoing that the duties of the former
night telephone operators have been expanded, and that as a result they
are now in fact work dispatchers . In the circumstances of this case,
we find that these employees are properly within the work dispatcher
group represented by the Utility Workers and shall clarify the existing
certification by specifically including therein all of the work dis-
patchers, except George Campbell.'
[The Board ordered that the certification in Case No. 13-RC-1742
issued to CIO-Local Industrial Union, Public Service Employees
Local 1368, be amended by substituting therein "Local 412, Utility
Workers Union of America, AFL-CIO" for "CIO-Local Industrial
Union, Public Service Employees Local 1368";' and that the unit
covered by the above certification be clarified to read as follows : All
employees of the accounting, sales, promotional, addressograph, col-
lection, and engineering departments, work dispatchers, janitors and
janitresses, and customer contract clerks in the company offices, junior
engineers , and all meter readers , bill deliverers , storeroom employees,
and night loaders of the Wisconsin Electric Power Company Exten-
sion System , but excluding George Campbell , and all employees in the
Metropolitan System of the Company.]
6 By agreement of the Employer and the Electrical Workers, employee George Campbell,
because of his age and impending retirement , works only on the night shifts. As he there-
fore continues to perform only the duties of a night telephone operator we shall so treat
him and permit him to remain in the unit represented by the Electrical Workers.
' This is not to be construed as a recertification.