Florida Power & Light Co.

National Labor Relations Board - Board Decisions

Jul 22, 1942

42 N.L.R.B. 742 (N.L.R.B. 1942)

In the Matter of FLORIDA POWERS,- LIGHT COMPANY and DISTRIBUTION
DEPARTMENT EMPLOYEES ASSOCIATION OF FLORIDA POWER & LIGHT
COMPANY (GREATER MIAMI AREA)
In the Matter of FLORIDA POWER & LIGHT COMPANY and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS
In the M itter of FLORIDA POWER & LIGHT COMPANY and GAS DEPART-
MENT EMPLOYEES ASSOCIATION Or FLORIDA POWER & LIGHT COMPANY
OF TIIE STATE OF FLORIDA
Cases Nos R-3913, R-3922, and R-3923, iespectively-Deczded
July 22, 1942,
Jurisdiction gas and electiicity utility industry
Investigation and Certification of Representatives - existence of question dis-
agneement with respect to scope of the bargaining unit and request of Com-
pany for ceitification of the Boaid before bargaining with unions, elections
necessary
Units Appropriate for Collective Bargaining (1) system-« ide unit comprising
employees in electrical generating, tiansmission, and distribution departments,
excluding supervisory and management employees, above the rank of crew
foreman, and (2) geographic divisional unit comprising gas department
employees, including working foremen whose rank was comparable to that
of a crew foreman and other employees paid out of gas department funds and
engaged in manufacture, maintenance, distribution, meter iepairs, and office
work in the gas department, but excluding supervisory employees who had
the power to hire and discharge
Mr Dan M Byrd, Jr, for the Board
Mr Shelby G Gaskvm, of Miami, Fla. foi the Company
161r John J Lindsey, of Miami, Fla, for the Distllbutlon Asso-
ciation
Mr G X Barker, of Birmingham; Ala , and Mr A 0 McGraner, of
Miami, Fla, for the I B E W
I
Mr Sam Silver, of Miami, Fla, foi the Gas Association
Mrs Augusta Spaulding, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions- duly filed by Distribution Department Employees
Association of Flollda Power & Light Company (Greater Miami
42NLRB,No145
742
742
FLORIDA POWER & LIGHT COMPANY 743
Area), herein called the Distribution Association, by International
Brotherhood of Electrical Workers, herein called the I B E W, and
by Gas Department Employees Association of Florida Power & Light
Company of the State of Florida, herein called the Gas Association,
each alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Florida Power & Light Com-
pany, Miami, Florida, herein called the Company, the National Labor
Relations Board provided for an appropriate consolidated hearing
upon due notice before J J. Fitzpatrick, Trial Examiner. ' Said hear-
ing was held at Miami, Florida, on June 1 and 2, 1942. The Board,
the Company, the Distribution Association, the I B. E W., and the
Gas Association appeared and participated 1 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Florida Power & Light Company is engaged in the generation, dis-
tribution, and sale of electric energy and the manufacture, sale, and
distribution of gas in Florida During 1941 the Company's gross
annual revenue exceeded $10,000,000 During the same period the
Company purchased from points outside Florida raw materials, con-
sisting chiefly of oil, line hardware, wire, and electrical equipment,
valued at approximately $200,000 The Company includes among its
customers shipyards, railroads, packing houses, and other industries
directly affecting commerce, which largely depend on the Company
for their electric energy and gas. The Company supplies electric
current for the telephone, telegraph, and radio companies located near
its properties. The Company has emergency interconnections for the
transmission of electric energy with the Florida Power Corporation
and Florida Public Service Corporation.
'II. THE ORGANIZATIONS INVOLVED
Distribution Department Employees Association of Florida Power
& Light Company (Greater Miami Area) is an unaffiliated labor
organization, admitting to membership employees of the Company
1 Distribution Department Employees Association ( Eastern Division ), although served
with,notice, did not appear
744 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Brotherhood of Electrical Workers is a labor olganiza-
tion affiliated with the American Federation of Labor, admitting to
membership employees of the Company
Gas Department Employees Association of Florida Power & Light
Company of the State of Florida is an unaffiliated labor organization,
admitting to membership employees pf the Company '
III THE QUESTION CONCERNING REPRESENTATION
In November 1940, employees of the Company in the electrical dis-
tribution department at Miami organized the Distribution Association,
a petitioner in this proceeding At that time no other labor organiza-
tion had organized employees at Miami In September 1941 the
Distribution Association asked the Company for recognition as bar-
gaining agent for employees in the electrical distribution-department
at Miami, and filed with the Regional Director a petition for investi-
gation and certification of representatives The Company refused
to recognize the Distribution Association until it was certified by the
Board
In October 1941, the Gas Association asked the Company to recog-
nize it as bargaining agent for the gas employees of the Company
at Miami The Company refused to recognize the Gas Association
until it was certified by the Board The Gas Association thereafter
filed its petition in this proceeding
In 1940 and 1941, the I. B E. W. or ganized the electrical employees
at the Company's various locations in Florida In March 1942, the
I B E W asked the .Company to recognize it as bai gaining represen-
tative for such employees The Company refused to take any actionr
while the petition filed by the Distribution Association was pending
before the Board. Thereafter the I B E W filed its petition in
this proceeding
A statement prepared by the Trial Examiner and read into the
record at the hearing indicates that the I B E. W. represents a sub-
stantial number of the Company's employees in the appropriate unit
for electrical employees and that the Gas Association represents a
substantial number of the Company's employees in the appropriate
unit for gas employees.2
2 The I B E W submitted to the Trial Examiner 613 applications foi membership All
these cards are dated between January 1, 1941, and May 31 , 1942 The Trial Examiner
made a check of 354 of these cards against the Company 's pay roll , which indicates that
the I B E W respresents a substantial number of employees in the several plants and
stations of the Company located in Florida ,
The Distribution Association submitted 140 applications , all bearing apparently genuine
signatures of employees on a current pay roll , 20 of which , bearing names of employees in
the armed forces, were called -honorary applications There are 225 employees in its
proposed unit
There are about 850 employees in the electrical unit herein found appropriate
The Gas Association submitted to the Trial Examiner a petition containing the ap-
parently genuine signatures of 31 employees on the Company 's pay roll The petition is
FLORIDA POWER & `LIGHT COMPANY 745
We find that a question affecting commerce has arisen conceining
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act
IN' THE APPROPRIATE UNITS
The Distribution Association contends that all employees in the
distribution department of the electrical division- of the Company
who are employed in the Greater Miami Area,3 including technicians
and employees with minor supervisory duties, but excluding full-time
clerical employees and supervisory and management employees above
the rank of crew foreman,4 constitute an appropriate unit In the
alternative, the Distribution Association contends that such employees
who are employed in the Southern Division 5 of the Company's elec-
trical operations constitute an appropriate unit The I B. E W.
contends that all employees in the elects real generating, transmission,
and distribution departments of the Company, who are employed in
Florida, but excluding supervisory and management employees above
the rank of crew foreman, constitute an appropriate unit
The Gas Association contends that all employees in the gas depart-
ment of the Company in the Greater Miami Area, including all em-
ployees paid out of gas department funds and engaged in manufacture,
maintenance, distribution, meter repairs,' and office work in the gas
department, constitute an appropriate unit
A The Company's electrical operations
The Company performs its major electrical service on the east
coast of Florida from Miami to St Augustine The Company main-
tains branches in central Florida, on the west coast, and in the northern
part of the State The Company's electrical operations are in charge
of its general superintendent at Miami, where the Company maintains
its principal office and place of business Under the genes al super -
mtendent are the three departmental supeimtendents, i espectively in
not dated , but a statement made to the Trial Exaimnei indicated that all signatures iieie
secured on May 26, 1942 There are 4b employees in the gas unit herein found apps opi rate
i The Greater Miami Area includes Miami , Miami Beach, Coral Gables , Hialeah, Florida
City, and little towns between Miami and Florida City, except Homestead
' The I B E W and the Distribution Association agree that the distiibution chief clerk
in the distribution department of the Greater Miami Aiea should be included in the unit
and that the service superintendent in the same department should be excluded from the
unit
i The Greater Miami Area and Foit Laudeidale constitute the Company ' s Southern
Division
6 "Office work" does not include electrical employees who make out bills, etc, isho work in
the Company ' s main administrative offices Office work in the gas department is confined
to work on gas records , such as meter repairs The reading of customers ' meters is not
the work of employees in the gas department , but the work of employees in the main
administrative offices
746 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
charge of the Company's generating, transmission, and distribution
of electric energy
The Company operates generating stations in various parts of
Florida under the immediate charge of local supervisors responsible
to the superintendent of this department at Miami. The Company
apportions the conduct of electric energy from its generating stations
to its customers between its transmission department and its distribu-
tion department The conduct of electric energy over 15,000 volts
lies within the jurisdiction of the transmission department, and the
conduct of lesser voltage, within the jurisdiction of the distribution
department The transmission department is charged with main-
taining and operating the electric system between the towns served by
the Company. Under the superintendent of tiansmission are chief
load dispatchers, under whom foremen supervise transmission mainte-
nance crews. Employees in the transmission department have their
headquarters at Miami and work from Miami all over the State where
their services are required The superintendent of distribution is
on the same level of authority as the superintendent of the generating
department and the superintendent of the transmission department.
The Company, however, subdivides its electric distribution geographi-
cally into four districts, called the Southern, Northern, Eastern, and'
Western Divisions Supei vision of electric distribution in each such
geographical district is assigned to a division superintendent, who
works under the general division manager 7 and through him to the
superintendent of the distribution department at Miami The largest
geographical division , is the Southern Division In its generating
department, the Company employs about 277 employees, in its trans-
mission department about 106 employees, and in its distribution de-
partment about 466 employees In the distribution department of
the Southern Division there were at the time of the healing 256
employees, of which 225 were in the Greater Miami Area and 31 at
Fort Lauderdale
The Company's engineering department, repiesentatives of which
are in each of the Company's four divisional offices, has its head-
quarters at Miami Wage policies and wage rates are determined
at Miami for all employees of the Company District managers may
direct changes in work shifts and equalize wages within certain nar-
row limits without reference to the Miami office, but expenditures
of over $10 must be approved by the Miami office. Customers are
billed and applications for service tie made at Miami The pay roll
of the tiansmission department is made up at Ft Pierce Other pay
rolls are made up at Miami
4 Each division or district manager, as he is called , has general supervision of the Com-
pany 's service and properties within his assigned area
FLORIDA POWER & LIGHT COMPANY 747
Recurring hurricanes and storms, which occur principally in the
Southern Division and which require emergency transfer of employees
from other locations for the period of the emergency, bring employees
of the Southern Division into close contact with employees in other
divisions Transfer of distribution employees from one geographical
division to, another, and similar transfer of employees among the three
electrical departments of the Company's integrated system, serve to
minimize the importance of divisional lines for the Company's elec-
trical employees. Electrical employees in the distribution department
in the Greater Miami Area, or such employees in the Southern Di-
vision, have no qualifications or duties different from other employees
in the Company's distribution department. Employees in the trans-
mission and distribution departments have the common responsibility,
of transmitting electric current from the Company's generating sta-
tions to its customers. For employees in its distribution department,
whose regular work is confined to specific localities, the Company has
established a, broader local supervisory system than it has found
necessary for the small- number of transmission employees who work
out from common headquarters at Miami Employees of both de-
partments, however, are necessarily subject to central and uniform
control In different departments of an electrical utility system there
is a recurrence and interdependence of function which overbalances
local or departmental differences This interdependency induces, a
common association among the Company's employees, even though
they are separated geographically for the detailed performance of their
work The Board has frequently left to the choice of employees in a
closely integrated group within a plant or system the segregation of
their group from other employees as a separate bargaining unit This
principle has been strictly applied to insure the interests of all em-
ployees concerned. It has not been extended to foster the creation of
arbiti ary units Although the Distribution Association has confined
its membership to the distribution department in the Greater Miami
Ai ea, electrical employees of the Company have been organized on a
system wide basis by the I B. E. W Under these circumstances, and
upon the entire record in this proceeding, we find that a unit restricted
to employees in the electrical distribution department of the Greater
Miami Area, or to such employees in the Southern Division, is not an
appropriate bargaining unit.
We find that all employees in the electrical generating, transmis-
sion, and distribution departments of the Company who are employed
in Florida, excluding supervisory and management employees above
the i ank of crew foreman, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act -
748 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
B The Company's gas operations
The Company manufactures and distributes gas at Miami, Lake-
land,' and Daytona Beach It distributes gas at Palatka' There
are no pipe lines between these gas systems, nor are they connected
or interlocked in any way Gas employees are not transferred from'
one plant to another and gas employees at one plant have no con-
tact with gas employees at another The Company's gas operations
are distinct and separate from its electrical operations Gas and
electrical employees are not interchanged The Gas Association has
not extended its organization to other gas plants of the Company
The gas department at Miami serves Miami and some outlying
towns It includes manufacturing, distribution, and meter shop di-
visions. The superintendent of the gas plant ieports to the district
manager of the Southern Division.
The Gas Association would exclude from its pioposed unit the
superintendent, who has the power to hire and discharge employees.
It would include the plant foreman, distribution foreman, meter
foreman, gas clerks, gas makers, enginemen, oilers, firemen, coal pass-
ers, mechanics, yardmen, trouble men, pipe fitters, meter strippers,
and laboreis. The foremen included in its proposed unit are working
foremen, whose rank is comparable to that of a crew foreman. All
these employees are housed on the same premises.
'We find that all employees of the gas department of the Company
in the Greater Miami Area, including working foreman whose sank is
comparable to that of a crew foreman and other employees paid out
of gas department funds and engaged in manufacture, maintenance,
distribution, meter repairs, and office work in the gas department,
but excluding supervisory employees who have the power to hire
and discharge, constitute a unit appropi sate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
V THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by separate elections by secret ballot
among employees in the two units found appropriate in Section IV,
above.
Since it appears that the Distribution Association represents a sub-
stantial number of employees in the distribution department of the
Greater Miami Area and thus an appreciable number of the electri-
cal employees in the larger unit found appropriate for such em-
ployees, although it has not at this time extended its organization
beyond the Southern Division, we shall provide that the Distribution
Association may participate in the election among employees in the
i
FLORIDA POWER & LIGHT COMPANY 749
electrical unit If the Distribution Association does not desne to par-
ticipate in the election , it may withdraw its name from the ballot,
provided it notifies the Regional Director within five ( 5) days fiom
the date of the issuance of this Decision and Direction of Elections
that it does not desn e to pai ticipate in the election
Those eligible to vote in the election shall be all employees of
the Company within each appropiiate unit who weie employed dur-
ing the pay -n oil period immediately - preceding the date of this Direc-
tion of Elections , subject to the limitations and additions set forth-
therein
DIRECTION OF ELECTIONS
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 , 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended , it is hereby
DIRECTED that, as pact of the investigation to asceitam represent-
atives for the purposes of collective bargaining with Florida Power
& Light Company, Miami, , Florida, separate elections by secret bal-
lot shall be conducted as early as possible , but not later than thirty
(30) clays from the date of this Direction , under the dnection and
supervision of the Regional Director for the Tenth 'Region, acting
in this matter as agent for the National Laboi Relations Board, and
subject to Article III, Section 9, of said Rules and Regulations,
among those employees of the Company who fall within the gi oups
prescribed below and who were employed dunnng the pay-loll period
immediately pieceding the date of this Direction , including employees
who did not work during such pay-loll period because they were ill
or on vacation or in the active mihtaiy service or tiaming of the
United States , or temporarily laid off, but excluding employees who-
have since quit or been discharged for cause
(1) All employees in the electrical unit found appropriate in
Section IV, above, to deteimine whether they desire to be repre-
sented by International Brotherhood of Electrical Workers, affiliated
with the American Federation of Labor, or by Distribution Depart-
ment Employees Association of Florida Power & Light Company
(Greater Miami Area ), for the purposes of collective bargaining, or
by neither, and
(2) All employees in the gas unit found appropriate in Section
IV, above, to determine whether of not they desire to be represented
by Gas Department Employees Association of Florida Power & Light
Company of the State of Florida, for the purposes , of collective
bargaining