Lake Superior District Power Co.

National Labor Relations Board - Board Decisions

Jul 11, 1942

42 N.L.R.B. 317 (N.L.R.B. 1942)

In the Matter of LAKE SUPERIOR DISTRICT POWER COMPANY and INTER-
NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-31;
AFofL
Case No R-391-Decided July 11, 1942
Jurisdiction . electric utility industry
Investigation and Certification of Representatives : existence of question re-
fusal to accoid petitioner iecognition on ground that unit was inappropriate,
stipulation of pat ties that employees who had been with Company for a per rod
of less than 6 months pilot to date of Direction of Election should be consid-
ered as temporary employees and ineligible to vote ?elected in the absence of
any reason assigned for such discrimination against recently engaged em-
ployees, election necessaty
Unit Appropriate for Collective Bargaining : line crews, mneteimen, servicemen,
tioublemen, and janitois employed in two geographical districts of Company's
operations held to constitute an appropriate unit in the absence of oiganiza-
tion on a broader scale, specified inclusions and exclusions
Mr Warren B Foster and Mr. George C Donald, of Ashland, Wis ,
for the Company '
Mr Gerald A Baldvs, of Mtnihettpo s, Minn, and Mr Ralph Olson,
of Duluth, Minn , for the Union. " ' ' f
Mr George H Gentithes, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by International
Brotheihood of Electrical Woikets, Local B-31, A F. of L, herein
called the Union, alleging that a question affecting commerce had
arisen conceining the repiesentation of employees of Lake Superior
District Power Company, Ashland, Wisconsin, herein called the Com-
pany, the National Labor Relations Board piovrded for an appropil-
ate hearing upon due notice before Stephen M Reynolds, Trial Exam-
iner Said hearing was held at Ironwood, Michigan, on June 3, 1942.
The Company and the Union appeared, participated, and were af-
foided full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
Examiner's i uli ngs made at the heating are free from pi ejudicial
error and are hereby affirmed
42 N L R B, No 76
I 1 317
318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following-
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Lake Superior District Power Company is a Wisconsin corporation
having its principal office in Ashland, Wisconsin It is engaged In
the production and distiibution of electric light and power in con-
tiguous areas of northern Wisconsin and western upper Michigan.
The geographical area serviced by the Company is subdivided by it
into seven districts In 1941 the Company sold electirc power and
gas in the value of $2,450,000 In addition, it open ated an appliance
retailing business valued at approximately $200,000 for that same
year. By far the greatest percentage of these appliances was shipped
to the Company's stores from outside the State of Wisconsin The
Company admits that it is engaged in commerce i,% ithnn the meaning
of the National Labor Relations Act.
II THE ORGANIZATION INVOL\ED
International Brotherhood of Electrical Woikeis. Local B-31, is a
labor organization affiliated with the American Fedeiation of Labor,
admitting to membership employees of the Company
III THE QUESTION CONCERNI`G REPRESENTATION
On March 17, 1942, the Union requested that the Company recognize
and bargain collectively with it on behalf of employees Ili the unit
claimed by the Union as appropriate. The Company refused to do so
on the grounds that the unit claimed by the Union was inappropriate
A statement of the Regional Director shows that the Union repr esents a
substantial number of employees In the unit which we hereinafter find
to be appropriate 1
We find that a question affecting commerce hasaiisen concerning the
representation of employees of the Company within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act
IV ' THE APPROPRIATE UNIT
The parties agree that if the Board should find that the Ironwood
and Bessemer districts, including employees of the hydro plants at
Superior Falls and Saxon Falls, constitute an appropriate unit, the
following classifications of employees should compilse the appropriate
1 The Regional Director reported that the Union submitted 27 application for member-
ship cards , dated from February 1 939 to April 1942 , All slgnatules appeal to be genuine
and original - Twenty of these signatures ale the names of persons appealing on the
March 15, 1942 , pay roll , which lists 33 employees ,N , ho appeal to be in the unit alleged
to be appropriate by the Union Thete are 309 emplo } ees on this pa3 roll , of-whom 67
are in the Bessemer and Ironwood districts
LAKE SUPERIOR DISTRICT POWER COMPANY 319
unit' line crews, meternnen, servicemen, troublemen and janitors, ex-
cluding non-working supervisory employees, clerical employees, and
executives 2 The parties disagi ee, however, as to whether the Iron-
wood and Bessemer districts alone constitute an appropriate unit, or
together should comprise one part of a company-wide unit The Union
presently seeks a unit consisting of these two distiicts alone while the
Company urges a company-wide unit as the only appropriate one
The contentions of the Company are based primarily upon the con-
siderable centralization of supeivision and control of the seven dis-
tiicts by the principal offices at Ashland Thus, load dispatching;
servicing; meter rebuilding, electric installation; patrolling, material
and supply purchasing, radio and telephone operation; and power dam
construction, supervision, and repair are all directed by the Ashland
office It fuitlier appeals that the two districts requested by the Union
produce only a small percentage of the power required to service their
customers and they are, theiefore, directly dependent upon other dis-
tiicts for a major part of the power they supply This dependence is
further illustrated by the interconnections of the transmission lines of
these two districts with the generating stations of all the other districts
It is also'clear that particulaily in times'of emergency, interchange of
personnel among districts is necessary to keep the Company's plants
operating Finally, the Company's labor policies, wage rates, and
working conditions are uniform throughout the system
The Union, on the other hand, while not challenging the ultimate
propriety of a company-wide unit, urges the present need for a two-
district unit because of the organizational status of the two districts
involved It appears that employees in Ironwood and Bessemer had
been locally oiganized since 1938 In that same year the local organi-
zation joined the petitioner The petitioner's constituents, because of
their more lengthy organr ational background, urge that they are
entitled to present recognition iegaldless of the organizational status
of fellow employees in the other districts In view of the fact that the
organization of the Company's employees is restricted at the present
time to these two districts, we aie of the opinion that the classifications
of employees agreed upon by the parties in the Ironwood and Bessemer
disti lets, including employees of the hydro plants at Supeiior Falls
and Saxon Falls, presently constitute an' appropriate unit 3 These
findings ni ill not preclude a later redetermination of the question of
the appropriateness of a company-wide unit upon proper proceedings
'The paitios further agree that the Board's Exhibit No 2 is the complete list of all
the emplovees m(luded in the aboNe-stipulated categories
3 See Matte, of Southern California Gas Company and Utility Wormers Organizing Com-
mitter, Local 132, 10 N L R B 1123, Matter of Southern California Gas Company and
Utility Womkeri 0)ganaz,ng Committee, Loral 11l, C I 0 31 N L R B 461, Matter
of Sonthrin California Gas Company and Utility Workers Organizing Committee, Local 152,
C 10, et al 35 N L R B 263 , Matter of Southern California Gas Company and Utility
Workers Oryanizing Committee, C 1 0, 40 N L R B 256
320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We, therefore, find that line crews, meter men, servicemen, tioubleizen,
and janitors employed in the Ironwood and Bessemer districts of the
Company, including employees of the hydro plants at Superior Falls
and Saxon Falls, but excluding non-working supervisory employees,
clerical employees, and executives, constitute a unit appropriate for the
puiposes of collective bargaining 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 appropi rate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
herein 4, subject to the limitations and additions set forth in the
Direction.
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 Relations 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 part 'of the investigation to ascertain representa-
tives for the purpose of collective bargaining with Lake Superior
District Power Company, Ashland, Wisconsin, an election by secret
ballot shall be conducted as early as possible but not later than thirty,
(30) days from the date of this Direction of Election, under the direc-
tion and supervision of the Regional Director for the Twelfth Region
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 9, of said Rules and Regulations,
among the employees of the Company in the unit found appropriate in
Section IV, above, who were employed during the payroll period
immediately pieceding the date of;this Direction of Election, including
any such employees who did not^work during said pay-roll period
because they were ill of 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 or not they desire to be represented for the purposes of col-
lective bargaining by International Brotherhood of Electrical Work-
ers, Local B-31, affiliated with the American Federation of Labor
i
4 Dining the couise of the hewing the pasties stipulated that employees who hase l been
with the Company foi a peiiod of less than 6 months prior to the date of the Direction
01 Election shall be considered as temporai3 employees, and therefore, ineligible to vote in
any election which may be ordered by the Board No seasons were assigned foi this
discrimination against recently engaged emrlo3ees We reject this stipulation as un-
wairanted, and in accordance with our usual practice shall permit these emplo3ees to
vote ` - -