Antioch Power Co.

National Labor Relations Board - Board Decisions

Apr 21, 1942

40 N.L.R.B. 773 (N.L.R.B. 1942)

In the Matter of ANTIOCH POWER COMPANY and -UNITED MINE
WORKERS OF AMERICA, DISTRICT No. 50, LocAL 12337 (CIO)
Case No. R-3732.Decided April 01, 194.
Investigation and Certification of Representatives : stipulation for certification
on consent election.
Mr. J. C. Clark, for the Board.
Mr. Kurt F. Pantzer, of Indianapolis, Ind., for the Company.
Mr. Robert R. Fohl, for the C. I. O.
Mr. E. A. Johnson, of Indianapolis, Ind., for the A. F. of L.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION -
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On January 16, 1942, United Mine Workers of America, District
No. 50, Local 12337 (CIO), herein called the C. I. 0., filed with the
Regional Director for the Eleventh Region (Indianapolis, Indiana)
a petition and on April 1, 1942, an amended petition, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Antioch Power Company, herein called the Company,
engaged at Linton, Indiana, in the production and sale of electric
power, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On March 26, 1942, the
Company, the C. I. 0., Local B-9, International Brotherhood of
Electrical Workers, affiliated with the A. F. of L., herein called the
A. F. L., a labor organization claiming to represent employees
directly affected by the investigation, and the Regional Director
entered into a "STIPULATION FOR CERTIFICATION ON CON-
SENT ELECTION."' On March 27, 1942, the National Labor Re-
lations Board, herein called the Board, acting pursuant to Section 9
(c) of the Act, and Article III, Section 3, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered an in-
40 N. L. R. B., No. 130.
773
774 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vestigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.'
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on April 3, 1942, under the direction and supervision of
the Regional Director, among all production and,maintenance em-
ployees of Antioch Power. Company, Linton, Indiana, excluding
truck drivers, and supervisory and office employees, to determine
whether or not they desired to be represented by the C. I. 0., by the
A. F. L., or by neither. On April 6, 1942, the Regional Director
issued and duly served upon the parties an Election Report on the
ballot. No objections to the conduct of the ballot or the 'Election
Report have been filed by any of the parties.
In his Election Report, the Regional Director reported as follow's
concerning the balloting and its results
Total on eligibility list------ - ---------------------------- 22
Total ballots cast,------------------------------ `_--------- 22
Total ballots challenged----------------------------------- 0
Total blank ballots---------------------------------------- 0
Total void ballots----------------------------------------- 0
Total valid ballots cast------- ----------------------------- 22
Votes cast for United Mine Workers of America, District
No. 50, Local 12337 (CIO) ------------------------------ 22
Votes cast for Local B-9, International Brotherhood of
Electrical Workers, A. F. of L.------------------------- 0
Votes cast for neither------------------------------------ 0
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FACT
1.'A question affecting commerce has arisen concerning the repre-
sentation of employees of Antioch Power Company, Linton, Indiana,
within the meaning of Section 9 (c) and Section,2'(6) -and (7) of
the National Labor Relations Act.
' 2. All production and maintenance employees of Antioch Power
Company, Linton, Indiana, excluding truck drivers, and supervisory
and office employees, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section (9) (b) of the
National Labor Relations Act. -
3. UnitedMine Workers of America, District No. 50, Local 12337
(CIO), has been designated and selected by a•majority of the em-
ployees, in the above unit as their representative for the purposes
- -'On April 2, 1942, the parties entered Into - a "Supplemental Stipulation for Certifi-
cation on Consent Election," amending the Local No. of the C. 1. O. from 1337 to 12337.
On the same day the Board issued an amended order directing investigation and
hearing, embodying this amendment.
ANTIOCH POWER COMPANY 775
of collective bargaining, and is the exclusive representative of all
employees in said unit within the meaning of Section 9 (a) of the
National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES- '
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act,
' 'IT, IS HEREBY . CERTIFIED that United Mine Workers of America,
District No: 50, Local 12337 ( CIO), has been designated and selected
by a majority of all production and maintenance employees of An-
tioch Power Company, Linton, Indiana, excluding truck drivers,
and supervisory and office employees , as their representative for the
purposes of collective bargaining, and, that pursuant to Section . 9 .(a)
of the Act, United Mine Workers of America, District No. 50,
Local 12337 (CIO), is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of-pay , wages, hours of employment , and other conditions of em-
ployment.
.u'