Central Maine Power Co.

National Labor Relations Board - Board DecisionsNov 3, 1942

45 N.L.R.B. 328 (N.L.R.B. 1942)

In the Matter of CENTRAL MAINE POWER COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (A. F. L.) Case No. B-4127.-Decided November 3, 1912 Jurisdiction : gas and electric utility industry. Investigation and Certification of Representatives : existence of question : refusal to recognize any organization until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all groundmen, groundmen drivers, linemen, station and substation operators and maintenance employees, metermen and meter testers, and servicemen of the Western Division. Skelton & Mahon, by Mr. John J. Mahon,, of Lewiston, Maine, and Mr. William H. Dunham, of Augusta, Maine, for the Company. Mr. Aaron J. Bronstein, of Boston, Mass., for the I. B. E. W. Mr. Frank W. Linnell, of Auburn, Maine, for the Association. Miss Melvern R. Krelow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION, STATEMENT OF THE CASE Upon petition and amended petition duly filed by the International Brotherhood of Electrical Workers (A. F. L.),s herein called the I. B. E. W., alleging that a question affecting commerce had arisen concerning the representation of employees at the Western Division of Central Maine Power Company, Augusta, Maine, herein called the Company, the National Labor Relations Board provided for an appropriate hearing.upon due notice before Robert E. Greene, Trial Examiner. Said hearing was held at Augusta, Maine, on August 7, 1942. The Company, the I. B. E. W., and Associated Power Work- ers of Maine, herein called the Association, appeared, participated, and 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. At the hearing the I. B. E. W. moved to strike testimony concerning any claims of representa- 45 N. L. It. B.; No. 52. 328 0 CENTRAL MAINE POWER, COMPANY 329 tion made by the Association other than for the Western Division. The Trial Examiner reserved ruling. The motion is hereby denied. After the hearing was concluded, the parties entered into a stipula- tion providing that a compilation, attached to the stipulation, show- ing claims of authorization for the purpose of representation by both organizations in divisions other than the Western Division, be made a part of the record. Said stipulation and compilation are hereby made a part of the record. On August 20, 1942, the Association filed a brief, and on August 21, 1942, the Company and the I. B. E. W. filed briefs, which the Board has considered. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Central Maine Power Company, a Maine corporation, is engaged in the generation and distribution of electricity, and in the gas and water business. The Company serves 226 towns and cities, located principally in the central and western portions of the State of Maine, with electric service. It serves gas in 8 cities and towns, from 3 separate gas plants and distribution systems. It has 2 water systems, one located in Bridgton, and the other in Limerick, Maine. The Company's method of producing power is by hydroelectric and steam generation, together with 1 Diesel plant and 1 gasoline stand-by sta- tion. The Company sells power to, and purchases power from, other companies. The Company's principal hydroelectric and steam plants are interconnected by transmission lines (with 2 isolated exceptions), so that hydroelectric and steam generation over the entire system are entirely interchangeable. The Company has 1179 miles of transmis- sion lines. For the year ending May 31, 1942, the Company made total kilowatt-hour sales of 583,759,492 to companies engaged in interstate commerce, to interstate means of communication, to interstate carriers, and to Federal Government agencies. II. THE ORGANIZATIONS INVOLVED International Brotherhood of Electrical Workers is a labor organi- zation affiliated with the American Federation of Labor, admitting to membership employees of the Company. The Associated Power Workers of Maine is an unaffiliated labor organization, admitting to membership employees of the Company. 0 330 DECISIONS OF NATIONAL LABOR.. RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION 'In July, 1941, the I. B. E. W. began its organizational campaign. On September 2, 1941, the I. B. E. W. informed the Company that its employees had affiliated with the I. B. E. W., Local #484, and re- quested a conference. Subsequent thereto, a conference was held on September 12. On January 19, 1942, the I. B. E. W. informed the Company that many employees of the Western Division of the Com- pany had become affiliated with the I. B. E. W., Local #484, and re- quested a conference. Pursuant thereto, a conference was held. As a result of these requests, conferences, and conversations between the .Company and the I. B. E. W., the Company, on or about March 31, 1942, advised the I. B. E. W. that the unit requested by the I. B. E. W. was inappropriate. - I . . V A report prepared by the Regional Director and introduced in evidence at the hearing indicates ' that the I. B. E. W. represents a substantial number of employees in the unit hereinafter found to be appropriate., We find that a question affecting commerce has 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 UNIT The I. B. E. W. contends that a unit consisting of employees of the Western Division of the Company, with certain inclusions and exclusions noted below, is appropriate. The Association and the Company urge that a system-wide unit is appropriate and, in addi- tion, differ with the I. B. E. W. as to the classifications of employees 'to be included and excluded. The Company's headquarters is at Augusta, Maine. Located there are the general office and departments of various kinds. The field ' The Regional Director reported that the I. B. E. W. submitted 56 application-for-mem- bership cards, 23 dated between July 19, 1941, and April 1942, and 33 undated. Of the 56 cards presented, 45 bear apparently genuine signatures of persons whose names appear on the Company's pay-roll list submitted by it on May 4, 1942. Said pay roll contained 81 names of persons in the unit hereinafter found to be appropriate. At the hearing the I. B. E W submitted to'the`Trial Examiner 5 additional cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll submitted on May 4, 1942 The regional director further reported that the Association submitted, in support of its claim to represent a majority of the Company's employees, a typewritten list con- taining 220 names of persons purporting to be members of the Association Of the 220 names on this list, 1 was the name of a person whose name appears on the Company's pay- roll list of persons in the unit hereinafter found to be appropriate. At the hearing,,the 'Association presented to the Trial Examiner 74 application cards dated between April 16 and August 6, 1942. Of the 74 cards submitted, 67 bear apparently genuine signatures, 'and 14 are apparently genuine signatures of persons whose names appear on the Company's pay roll submitted May 4, 1942, in the unit hereinafter found to be appropriate. CENTRAL :MAINE = POWE'I^- COMPANY 331 organization consists of 'other various units : a separate' operating department consisting of the stations' department; a separate oper- ating unit for the transmission department; and the distribution and commercial operations are handled by various units called districts, of which there are 17. These districts, in turn, are grouped (with one exception, which is isolated in the Jackman area ) into 4 geo- graphidal divisions, the Western Division, Eastern Division, Northern Division, and Central-Southern Division. The Western Division, with headquarters at Lewiston, Maine, consists of 5 districts. The general superintendent, whose office is located in Augusta, heads the operations of the Company. Each district has a district superintendent who supervises the various commercial and distribu- tion operations of that particular district. The divisions are simi- larly supervised by division managers, who have general supervision over the districts within their divisions. Division managers report directly to the general superintendent. The operations of all divisions are comparable. In Augusta, the Company formulates its general policy with respect to wages, hours, and working conditions, which policy is administered locally by the districts and divisions. Such matters as the hiring, changing of classifications, and the discharge or removal of employees require the final authorization of the general office in Augusta after having been initially passed on by the district superintendent and.the division manager. Wages, hours, and work- ing conditions of employees in comparable jobs throughout the divi- sions are similar. Employees in one division are not frequently transferred to other divisions except in cases of emergency. Vacan- cies are filled by candidates from any part of the Company's system. Although a system-wide unit, as urged by the Company and the Association, would not be inappropriate, the record shows that the employees in the Western Division are an integrated and,identi- fiable-group and can-effectively function as a unit for the purposes of collective bargaining, pending more complete organization in the other divisions, and it appears that the I. B. E. W. represents a sub- stantial number of them. Under these circumstances, we find that a unit limited to employees in the Western Division is appropriate. Our finding in this respect, however, does not preclude ' a later determination that a larger unit is appropriate when effective organization has extended to employees in other parts of the Com- panv's system.2 - ` The I. B. E. W. contends that the appropriate unit should include all groundmen, groundmen drivers, linemen, station and substation 2 Matter of Southern California Gas Company and Utility Workers Organizing Committee, Local 114, C., I. 0., 31 N. L. R. B. 461; Matter of Oklahoma Gas & Electrsc Company and International Brotherhood of Electrical Workers of Oklahoma City , Local B-1141, 42 N. L. R. B. 750. Cf. Matter of Pacific Gas and Electric Company and International Brotherhood of Electrical Workers, etc., 44 N. L. It. B 665. 332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD operators and maintenance employees, and metermen and meter test- ers of the Western'Division; and that executives, working foremen or head linemen, specialists, salesmen, town representatives, clerical employees, meter readers, servicemen, the janitor, transmission line- men, and garage employees should be excluded. The Association would include all employees except executives, supervisory employees other than working foremen or head linemen, and clerical employees having access to confidential records. The Company would exclude only executives, working foremen or head linemen, town representa- tives, specialists, salesmen, and clerical employees working on con- fidential records. Town representatives, salesmen, and specialists. The I. B. E. W. and the Company agree that these classifications should be excluded, but the Association would include them. Town representatives are located in small communities which do not, as a rule, maintain offices. The Company employs 27, 4 of whom are in the Western Division. Their duties consist of taking care of all distribution work, together with temporary assistance from time to time, reading meters, doing customer's contact work, and assisting in maintaining' service. We conclude that these employees are representatives of management. Salesmen are located in places where the Company has stores and offices. Most of these employees are on a commission basis. We find that their work is not similar to that engaged in by the em- ployees who the I. B. E. W. contends constitute an appropriate unit. Specialists are a group of technically trained employees engaged in various forms of sales work, particularly consulting work, and engi- neering, including construction engineering and other work of that nature. We conclude that specialists are technical employees. We shall exclude town representatives, salesmen, and specialists from the unit. Clerical employees. The I. B. E. W. would exclude all clerical em- ployees, whereas the Company and the Association would exclude only those who have access to confidential records. Since these employees are engaged in duties of a purely clerical nature, we shall exclude them from the unit. Meter readers and servicemen. The I. B. E. W. desires the exclu- sion of both these groups; the Association and, apparently, the Com- pany would include them. Meter readers read meters and make minor repairs on the meters. It appears that the work of these meter readers approximates clerical work in character. For this reason we shall exclude them from the unit. Servicemen work on customers' appliances on the customers' premises, repairing the ap- pliances and also doing motor work and repairs on wiring in resi- dences, commercial and industrial places. We conclude that the servicemen's duties are similar to those of employees sought to be in- CENTRAL MAINE POWER COMPANY 333 eluded by the I. B. E. W. in the appropriate unit. We shall therefore include them in the unit. Working foremen or head linemen. The Company and the I. B. E. W. would exclude these employees ; the Association would include them. Working foremen or head linemen have supervision of a particular unit of men who may be working on a certain job. The head linemen or working foremen have authority to hire temporary employees, subject to the approval of the general office at Augusta. We conclude that these employees are supervisory and shall exclude them from the unit. Janitor. The I. B. E. W. desires his exclusion, and the Association and, apparently, the Company would include him. The Company employs but one janitor in the Western Division engaged in janitorial duties. We shall exclude him from the unit. Transmission linemen and garage employees. The I. B. E. W. de- sires the exclusion of these groups; the Association and, apparently, the Company would include them. Transmission linemen construct, new transmission lines and handle maintenance and repairs of exist- ing lines. They may be called upon to go into any part of the Com- pany's system. The transmission department also has patrolmen who are not repairmen; they patrol the transmission lines periodically for any defects. There are no transmission employees, except one patrolman, located within the geographical limits of the Western Division. Garage employees make repairs and service the cars and trucks of the Company at the Company's garage in Augusta. There are no garage employees in the Western Division. We shall exclude both these groups from the unit. We find that all groundmen, groundmen drivers, linemen, station and substation operators and maintenance employees, metermen and meter testers, and servicemen of the Western Division of the Com- pany, exluding executives, working foremen or head linemen, sales- men, town representatives, specialists, clerical employees, meter readers, the janitor, transmission linemen, and garage employees, constitute a unit appropriate for the purposes of collective bargain- ing within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of our Direction of Elec- tion, subject to the limitations and additions set forth in the Direction. 334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTION 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, 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 Central Maine Power Company, Augusta, Maine, at its Western Division, an elec- tion 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 First Region, acting in'this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 10, of said Rules. and Regulations, among all employees of the Company in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, in- cluding employees who did not work during said pay-roll period be- cause they were ill or on vacation or in the active military service or training of the United States, or, temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by International Brotherhood of Electrical Workers, Local x$484 (A. F. L.), or by the Associated Power Workers of,Maine, for,the purposes of collective bargaining, or by neither.