Consumers Power Co.

National Labor Relations Board - Board Decisions

Apr 5, 1940

22 N.L.R.B. 726 (N.L.R.B. 1940)

In the Matter Of CONSUMERS POWER COMPANY and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 876
Case No. R-1004
SUPPLEMENTAL DECISION
AND
ORDER VACATING SECOND DIRECTION OF ELECTION,
AS AMENDED, AND REOPENING THE RECORD FOR
THE PURPOSE OF TAKING ADDITIONAL EVIDENCE
April 5,1940
On November 8, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election' in
the above-entitled proceedings. On November 23, 1938, And on
December 22, 1938, the Board issued Amendments to its Decision
and Direction of Election.2 The Direction of Election, as amended,
directed the Regional Director for the Seventh Region, acting as
agent for the Board, and subject to National Labor Relations Board
Rules and Regulations-Series 1, as amended, to conduct an election
by secret ballot among all employees of Consumers Power Company,
herein called the Company, excluding general and assistant foremen,
plant supervisors, crew foremen, and other supervisory employees
except as expressly included below, office employees, office building
janitors and watchmen, collectors, connected load inspectors, elec-
trical, mechanical, and civil engineers, efficiency men and junior
engineers, draftsmen, surveyors, chemists, architects, temporary
common laborers hired for a specific job and for not more than 6
months, part-time local service men and local service men who do
not perform mechanical work in the regular course of employment,
and storekeepers with supervisory powers who do not ordinarily do
mechanical work, but including load dispatchers, meter readers and
bill distributors, plant janitors and watchmen, and storekeepers
other than those excluded above, who were on the pay roll of the
Company for the pay-roll period next preceding August 29, 1938,
19 N L R B 742
29 N L. R B. 751 ; 10 N. L R B. 780
22 N. L. R. B., No. 37.
726
CONSUMERS POWER COMPANY 727
except those who had since quit or been discharged for cause, to.
determine whether they desired to be represented by International
Brotherhood of Electrical Workers, Local 876, herein called I. B.
E. W., or by Utility Workers Organizing Committee, herein called
U. W. O. C., for the purposes of collective bargaining, or by neither.
The Direction, as amended provided for the holding of the election
within 70 days of the date of the original Decision and Direction
of Election.
Pursuant to said Direction of Election,, as amended, the Regional,
Director conducted an election by secret ballot from January 10 to
January 13, 1939. In the election thus held U. W. O. C. received
a plurality, though not a majority, of the votes cast.3 In accordance
with its practice then in effect, the Board, on March 1, 1939, issued
a Supplemental Decision and Second Direction of Election ,4 which
provided for a run-off election in which the employees described in
the original Direction of Election were to indicate whether or not
they desired to be represented by U. W. O. C. for the purposes of
collective bargaining. The holding of the second election, thus di-
rected, was prevented by proceedings commenced in the Court of
Appeals for the Sixth Circuit by I. B. E. W.5 Upon the termination
of those proceedings, the Board, on March 4, 1940, issued a Supple-
mental Decision and Amendment to Second Direction of Elections
in which it provided that an election be held as directed in the Second
Direction of Election of March 1, 1939, except that eligibility to
vote in such election should be based on the pay roll of the Company
next preceeding March 4, 1940, rather than on the pay roll originally
specified.
We have previously noted' that numerous changes in the Com-
pany's personnel are alleged to have occurred since the date of the
first election, and that :
While no formal record has been made showing the exact
extent of the changes, if any, in the Company's personnel within
the appropriate unit, we take notice of the probability of the
occurrence of such changes during the period of more than 18
months which have elapsed since August 29, 1938, as well as the
apparent agreement of the parties that such changes have
occurred.
° See 11 N L. R. B. 848, 849.
4 11 N L R B. 848.
15 International Brothe,hoodl of Electrical Workers v. National Labor Relations Board,
105 F (2d) 398 revereed 308 U. S 413
821 N L R B 90
7 21 N L R B 90
728 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On March 15, 1940, U. W. O. C. filed with the Board a Petition for
Ruling on Eligibility and for Subpoena, in which it requested that
those employees of the Company be permitted to vote, who were laid
off during the 6-month period preceding the date of the pay roll
upon which eligibility to vote was based.
On March 30, 1940, in Matter of B. K. Le Blond Machine Tool Co.,
Cincinnati Electrical Tool Co. and Independent Employees Organ-
ization, the Board issued a Supplemental Decision and Second Direc-
tion of Elections in which it reconsidered its policy concerning run-
off elections. A majority of the Board there decided that in circum-
stances similar to those presented by the results of the first- election
held in this proceeding, a run-off ballot should contain the names of
the two labor organizations involved, without providing a space for
voting for neither union. We are of the opinion that, in view of
that decision, a run-off election of the type previously ordered in
this proceeding should no longer be held, and that this proceeding
should be governed by the principles enunciated in the Le Blond
case, in the event that a run-off election is held. The Second Direc-
tion of Election issued on March 1, 1939, as amended on March 4,
1940, will accordingly be vacated.
We shall order that the, record herein be reopened and that a
further hearing be held for the purpose of introducing evidence
bearing upon any issues which may be raised concerning the holding
in the future of an election for the purpose of determining representa-
tives of the Company's employees for the purposes of collective
bargaining. After such a hearing has been held, the Board will
decide whether to hold a run-off election, affording the employees
the opportunity of voting for I. B. E. W. or U. W. O. C., or to hold
a new election, in which the ballot will contain, in addition to the
names of the two labor organizations, a space for voting for neither
union. The Board will likewise determine at that time any questions
which may be raised concerning the continued appropriateness of
the collective bargaining unit previously established in this case, and
the qualifications for eligibility to vote.
The petition of U. W. O. C., described above, is hereby denied,
without prejudice to renewal before the Board at a subsequent date
of the contentions made therein or the production of evidence in
support of those contentions.
922N L R B 465
CONSUMERS POWER COMPANY
ORDER
729
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 National Labor Relations Board Rules
and Regulations-Series 2, as amended,
IT IS HEREBY ORDERED that the Second Direction of Election of
March 1, 1939, as amended by the direction and order of the Board
of March 4, 1940, be, and it hereby is, vacated and set aside, and
IT IS FURTHER ORDERED that the record in the above-entitled case
be reopened for all purposes and that a further hearing be held, that
the case be referred to the Regional Director for the Seventh Region
for the purpose of such further hearing, and that the said Regional
Director be, and he hereby • is, authorized to issue notice of such
further hearing.
MR. WILMAINI M. LEIsERSON took no part in the consideration of
the above Supplemental Decision and Order Vacating Second Direc-
tion Of Election, As Amended, And Reopening The Record For
The Purpose Of Taking Additional Evidence.