Monongahela Power Co.

National Labor Relations Board - Board Decisions

Jun 20, 1969

176 N.L.R.B. 915 (N.L.R.B. 1969)

MONONGAHELA POWER COMPANY
Monongahela Power Company and International
Brotherhood of Electrical Workers , AFL-CIO,
Petitioner . Case 6-RC-4897
June 20, 1969
DECISION AND DIRECTION OF
ELECTION
BY CHAIRMAN MCCULL,OCH AND MEMBERS
JENKINS AND ZAGORIA
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held before Merrill C. Embick, Hearing
Officer of the National Labor Relations Board.
Following the hearing and pursuant to Section
102.67 of the National Labor Relations Board Rules
and Regulations and Statements of Procedure,
Series 8, as amended, and by direction of the
Regional Director for Region 6, this case was
transferred to the National Labor Relations Board
for decision. The Employer and Petitioner have filed
briefs, which have been duly considered.
Pursuant to the provisions of Section 3(b) of the
Act, as amended, the Board has delegated its powers
in connection with this case to a three-member
panel.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. The rulings are hereby
affirmed.
Upon the entire record in this case, the Board
finds:
1. The Employer is engaged in commerce within
the meaning of the Act, and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The labor organization involved claims to
represent certain employees of the Employer.
3. A question affecting commerce exists
concerning the representation of employees of the
Employer within the meaning of Section 9(c)(1) and
Section 2(6) and (7) of the Act.
4. The Petitioner seeks to represent all of the
employees in the Employer's Panhandle Division,
excluding estimators, powerplant employees, local
representatives, casual employees, office clerical
employees, professional employees, guards and
supervisors as defined in the Act. The Employer
maintains that the unit requested by the Petitioner is
inappropriate, and argues that only a systemwide
unit is appropriate for the purposes of collective
bargaining. The Employer also contends, contrary to
the Petitioner, that its lead lineman, lead
electricians, lead dispatching operators and crew
leaders are supervisors within the meaning of the
Act and should be excluded from any unit found
appropriate. There is no history of collective
bargaining for any of the employees sought by the
Petitioner, and no labor organization seeks to
represent the employees in a more comprehensive
176 NLRB No. 123
The Appropriate Unit
unit.
915
The Employer is an Ohio corporation and is
engaged in business as a public utility in the-
production, sale, and distribution of electrical
energy. The Employer's operations extend over a
territory consisting of Northern West Virginia, one
county and parts of five others in Ohio, and parts of
one county in each of the States of Maryland and
Virginia. The Employer maintains its principal
office and place of business at Fairmont, West
Virginia, where its business activities are
coordinated and that office is made up of the
following departments: marketing, personnel, and
general services, legal public relations, transmissions
and distribution and engineering (T & D),
comptroller, treasury and power generation. The
Employer's operations are further subdivided into
seven administrative divisions within the service area
throughout Northern West Virginia and the parts of
three other States serviced by the Employer.
Testimony proffered by the Employer reflects that
the seven divisions, including the panhandle division,
which is the only portion of the Employer's
operations involved in this proceeding, were created
and exist in order to better administer the
day;to-day activities and operating practices of the
Company.
The panhandle division maintains its headquarters
at Weirton, West Virginia, and is geographically
separated from other divisions of the Employer by
an intervening territory serviced by another utility.
There is a distance of approximately 30 miles
between the panhandle division and the next nearest
administrative division of the Employer. The
panhandle, and each other division, is under the
immediate direction of a division manager, who is
responsible for supervising and coordinating the
day-to-day activities of the division. Each division
manager is responsible to and reports to D. S.
Hollen, the Employer's vice president in charge of
division operations. Each of the seven divisions is
subdivided into departments consisting of T & D,
marketing, personnel, area development, and
accounting. Each department within the division has
its own manager, who coordinates with analogous
departments at the Employer's general office on
operating principles and day-to-day problems, but
who reports and is directly responsible to his
respective division manager.
The record reveals that its employee relations
policies are developed and centrally administered in
the personnel department of the general office.
Some personnel records are maintained at the
general office, but others consisting of approved
payroll changes, promotion notices, tests and job
applications are maintained at the division level. The
Employer maintains a supervision manual, issued by
the general office, which is applied uniformly
916 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
throughout the Company. Employee progress
reports are prepared in conformity with the manual
at the division level, and after review , approval, and
recommendations by division personnel the progress
reports are forwarded to the general office for
further review . The Employer maintains a uniform
system of job classifications , and salary and wage
levels are established and administered by an
administrative committee at Fairmont. Other
employment benefits are also maintained and
administered on a uniform basis throughout the
Company. The Monongahela Employees Beneficial
Association (MEBA ) is a companywide employees
association which provides funds in the event of
sickness, disability , and death . MEBA is
administered by seven directors, four of whom are
elected by the employees and the remaining three
are appointed by the Company's president. The
directorships are rotated among personnel assigned
to all divisions.
The Comptroller's office at Fairmont maintains
all general accounting records, prepares and
maintains reports for Federal and State regulatory
bodies, prepares tax returns and dividend rates, and
audits division and general office records. Upon
information furnished in part by the divisions, the
Comptroller's office calculates pay, prepares the
payroll, and issues pay checks which are distributed
by the divisions . However , each division also has an
accounting manager who supervises local accounting
under instructions from the general office and in
conformity with the Employer's uniform accounting
procedures . In addition to personnel and accounting
procedures , the record also reveals that the
Employer ' s general office maintains and administers
uniform policies with respect to safety , engineering,
and job descriptions . Training procedures are
standardized , and training courses are conducted at
both Fairmont and the division level.
Persons seeking employment at the division level
with the Employer may apply at either the general
office or the division level. If the person applies at
the division level the division personnel manager
may, at his discretion, notify the general office or
other divisions that an applicant is available. The
division personnel manager interviews each applicant
before a job application is filled out, and if the
division personnel manager finds the applicant to be
unsuitable he has final authority to reject the
applicant. If, however , the division personnel
manager considers the applicant suitable , he requires
the applicant to fill out a written application and
administers a standardized employment test. The
results of the test are forwarded to the general office
for review and grading , and are then returned to the
division manager for his review . If the division
manager is satisfied with the results of the test he
may interview the applicant , and if hiring is
indicated he directs the division supervisor in whose
department the applicant will be employed, to
initiate an application for an addition to the payroll,
which is forwarded to the general office for the
approval of Vice President Hollen. Hollen, who
determines the total complement of division
employees, gives considerable weight to the
recommendations of the division managers, and the
record discloses no instance where division managers
have been overruled on recommendations for hire,
so long as the addition does not exceed the total
complement of employees allowed to the division.
Casual employees, as distinguished from new hires
employed in a probationary status, are usually hired
at the division level.
Except for casuals , all new employees are
employed on a probationary status, and they retain
this status until their supervisor is satisfied that they
are qualified for permanent status. The Employer's
general office has established a maximum time for
probationary status, but the division may at its
discretion require a lesser period. Initiation of a
change of an employee's status from probationary to
permanent is accomplished at the division level, and
forwarded to Vice President Hollen for approval.
Hollen usually adopts the recommendation from the
division with respect to a change from probationary
to permanent status.
On an annual basis each supervisor at the division
level fills out, or transfers to his immediate superior
by word of mouth, an annual progress report for
each employee under his immediate supervision.
These progress reports are evaluated by other
supervisory and management personnel at both
division and the central office levels, and based upon
the annual progress reports the division manager
may recommend merit increases within the
boundaries of the overall wage schedules maintained
by the Employer. Although merit increases are
subject to the approval of Vice President Hollen,
during the past 2 years only 19 percent of the
recommendations made by division managers have
been revised after general office review. Similarly,
promotions within the division are discussed between
the division managers and Vice President Hollen,
and the latter attaches great weight to the
recommendations of the division managers.
The day-to-day activities of the employees in each
division are directed and supervised by division
supervisors, who are responsible to the division
manager . Warnings and reprimands are meted out
at the division level, and require no approval from
the general office. Most grievances and personnel
problems are resolved within the division, and few
grievances are processed at the general office. Final
authority for the discharge or release of any
employee rests with the Company president, who
passes on the recommendations of his several
subordinates , including those at the division level,
who have investigated the matter. On several
occasions the company president has rejected
recommendations for the discharge of employees.
As to the interchange of employees between
divisions, the record reveals that a minimal amount
MONONGAHELA POWER COMPANY 917
does occur as a result of emergencies resulting from
storms or other catastrophies, and occasionally in
other instances where divisions lack the necessary
manpower to meet deadlines for capital
improvements. When these temporary transfers are
necessary supervisors may or may not accompany
the employees, but in any event the transferees are
subject to the general supervision of the division to
which they are temporarily assigned.
In support of its contention that a unit limited to
the employees in the panhandle division is
inappropriate, the Employer relies on the Board's
general rule that because of the inherent integration
and interdependence of operations in the public
utility industry, a systemwide unit is the optimum
unit for purposes of collective bargaining.' The
Employer urges that the general rule should govern
here because the record shows: (1) high degree of
centralization and uniform control of its whole
operation, (2) centralized system of personnel and
employee relations policies, (3) centralized and
uniform programs for communications, employee
training and supervisory functions, (4) centralized
control and uniform application of work
performance standards by the employees in all
divisions, (5) significant interchange, and (6) the
authority of the division manager and other
managerial and supervisory personnel at the division
level is severly limited to the application of policies
and procedures preestablished by its central office.
We do not agree.
While the Employer's operations are, like those
all public utilities, integrated and interdependent,
and that some of the factors relied on by the
Employer would, in part, suggest that a systemwide
unit is an appropriate unit in this case, the Board
has also recognized, notwithstanding the optimum
appropriateness of a systemwide unit, that units of
lesser scope are also appropriate in certain situations
in the public utility industry.' Upon consideration of
all of the above factors, we find merit in the
Petitioner's contention that a unit limited in scope
to the employees in the Panhandle Division is a unit
appropriate here for the purposes of collective
bargaining.
It is clear that the Employer's operations are
subdivided along geographical as well as
administrative lines, and the employees in the
Panhandle Division work within a well defined
geographic area located at a considerable distance
from the Employer's central office and other
administrative divisions. The Employer's operations
are subdivided into seven geographic divisions for
purposes of better administration of day-to-day
activities and operating practices, and the record is
clear that the division manager , together with his
subordinates, has considerable authority over daily
'Montana Dakota Utilities Co., 115 NLRB 1396.
'See Pacific Northwest Bell Telephone Company, 173 NLRB No. 226,
and cases cited therein.
activities of the employees. The employees in the
panhandle division are subject to the immediate
direction and control of supervisors and managerial
officials at the division level, and they are subject to
reprimand and discipline from these officials without
recourse to higher management. Management and
supervisory personnel at the division level have
considerable authority with respect to the hiring of
employees, promotion from probationary to
permanent status, annual progress reports, merit
wage increases , and promotions. Grievances and
personnel disputes are customarily handled by the
division, and part of the employees' training is
accomplished at this level. There is a minimum
amount of interchange between the employees
assigned to the Panhandle Division and those
assigned to other divisions, and what interchange
occurs is limited largely to emergency situations.
Upon the entire record, including the geographical,
operational, and personnel integration of the
panhandle division, as a separate administrative
entity and in the absence of a history of collective
bargaining and the absence of a request by any
labor organization to represent the employees in a
more comprehensive unit, we find in agreement with
the Petitioner, a unit restricted to the employees in
the panhandle division as described below, to be
appropriate, for the purposes of collective
bargaining within the meaning of Section 9(b) of the
Act.
Unit Placement and Eligibility
As set forth above, the Employer, unlike the
Petitioner, contends that its lead linemen, lead
electricians, lead dispatching operators, and crew
leaders are supervisors within the meaning of the
Act, and should be excluded from the unit found
appropriate.
Lead Linemen
There are five lead linemen assigned to the
panhandle division, each of whom is in charge of a
crew of two or three employees. The lead linemen
are salaried and are paid approximately $45 more
per month than the highest rated lineman, but they
are, unlike the foremen, additionally compensated
for overtime work. The lead linemen spend 75 to 80
percent of their work time performing the same
work as members of their crew, and they have no
authority to hire, discharge, suspend, layoff,
reprimand, or promote, or to make effective
recommendations concerning these or any other
personnel actions. The lead linemen are not
furnished with a copy of the Employer's supervisors
manual, and although they do report infractions of
working rules to higher authority, their reports are
subject to independent investigation before discipline
is meted out.
918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
With respect to the direction of the work of their
crews, the lead linemen have no authority to order
employees out on a job, nor on their own authority
dot they choose or remove employees from their
crews. The lead linemen are given their assignments
by the foreman in the form of sketches prepared by
the engineering department, and they are required to
adhere to predetermined Company policy in the
performance of each job. Although the lead linemen
and their crews often work without the presence of a
foreman, they are in radio contact with supervision
at all times, and when emergencies occur a foreman
is sent to the scene to evaluate the work. Leadmen
do attend information and planning meetings, which
are also attended by supervisors.
Lead Electrician
One lead electrician is assigned to the panhandle
division, and he is responsible for directing the
activities of a crew varying in size from two to eight
employees who are engaged in maintenance and
construction work at substations. Like the lead
linemen , the lead electrician is compensated at a
rate of about $45 more than the senior grade
electricians, but like the employees on his crew he is
additionally compensated for overtime. He has no
authority to hire, discharge, or to initiate or
recommend any action affecting the status of other
employees and is required to strictly adhere to
company policies and procedures in performing any
assignment . Although the lead electrician assigns
tasks to the members of his crew, such assignment is
in accordance with sketches and blueprints assigned
by recognized supervisors.
Lead Dispatching Operator
One lead dispatcher in the panhandle division who
is assigned to the dispatching operation on the day
shift at the Weirton, West Virginia, substation
together with two other dispatchers. A single
dispatcher is assigned to each of the other two
shifts, but work without benefit of a leadman. The
lead dispatcher instructs the other dispatchers, but is
required to adhere to written instructions concerning
any particular job. The lead dispatcher has no
authority to hire or discharge, but the record does
reveal that he has some responsibilities with respect
to determining the eligibility of other dispatchers,
granting time off, and scheduling overtime and
employee vacations. However, in these latter
respects the record does not reveal clearly whether
the lead dispatcher's actions on these matters are
authoritative, or whether he carries out such
responsibilities within the framework of
predetermined policy, which is subject to the control
and approval of higher authority. The lead
dispatcher is furnished with a copy of the
supervisors manual , but enjoys compensation
commensurate with that accorded employees in the
lead classifications discussed above.
Crew Leaders
Three crew leaders are assigned to the panhandle
division, and each is in charge of a crew varying in
size from 2 to 10 employees, most of whom have
status only as casual workers. While the top rated
crew leaders are compensated at a rate of $200
more per month than the highest paid members of
their crew, this is explained by the casual status of
the other employees, and the compensation paid to
crew leaders is proximate to that paid other leadmen
discussed above. The crew leaders perform the same
work as the other employees on the crew, and they
also operate trucks, bulldozers, and other
equipment. The crew leaders are not furnished with
the Employer's supervisors manual, and it is clear
they have no authority to hire, discharge, suspend,
transfer, layoff, recall, promote, reward, discipline,
or effectively recommend these actions.
On the basis of the foregoing, and the entire
record, we find that the lead linemen, the lead
electrician, and the crew leaders do not possess or
exercise supervisory authority as defined in the Act,
but that they are merely highly skilled employees
whose status as leadmen results from superior
abilities and length of service.3 We shall,
accordingly, include them in the unit. As to the lead
dispatching operator, we find the record herein to be
insufficient to determine the extent of his alleged
supervisory status, and we shall direct that he vote
subject to challenge.
We find that the following employees of the
Employer constitute a unit appropriate for purposes
of collective bargaining within the meaning of
Section 9(b) of the Act:
All employees employed by the Employer in its
panhandle division, including lead linemen, the
lead electrician and crew leaders; but excluding
estimators, power plant employees, local
representatives, casual employees, office clerical
employees, and guards, professional employees
and supervisors as defined in the Act.
[Direction of Election4 omitted from publication.)
'Iroquois Telephone Corporation, 169 NLRB No. 53, fn 6
1n order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them . Excelsior
Underwear Inc. 156 NLRB 1236, N L R B v Wyman-Gordon
Company, 394 U S. 759. Accordingly, it is hereby directed that an election
eligibility list, containing the names and addresses of all the eligible voters,
must be filed by the Employer with the Regional Director for Region 6
within 7 days of the date of this Decision and Direction of Election The
Regional Director shall make the list available to all parties to the
election No extension of tune to file this list shall be granted by the
Regional Director except in extraordinary circumstances Failure to
comply with this requirement shall be grounds for setting aside the election
whenever proper objections are filed