Ohio Power Co.

National Labor Relations Board - Board Decisions

May 18, 1942

41 N.L.R.B. 59 (N.L.R.B. 1942)

In the. Matter of OHIO POWER COMPANY, LIMA DIVISION and ELECTRIC
SERVICE EMPLOYEES UNION- No. 104 (UNAFFILIATED)
Case No. R-3809.-Decided May 18, 1942
Investigation and Certification of Representatives : stipulation for certification
-on consent election.
Mr. C. J. Killian, of Lima, Ohio, for the Company.
Mr. J. G. Flint, of Lima, Ohio, for-the Union.
Mr. George H. Gentithes, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition duly filed by Electric Service Employees Union No.
104 (Unaffiliated), herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Ohio Power Company, Lima Division, herein called the
Company, engaged at Lima, Ohio, in the production and distribution
of electric power, the National Labor Relations Board provided for
an appropriate hearing upon due notice. On March 30, 1942, before
a hearing was held, the Company, the Union, and the Regional Di-
rector for the Eighth Region (Cleveland, Ohio), entered into a-
"STIPULATION FOR CERTIFICATION ON CONSENT ELECTION."
Pursuant to the Stipulation, an election by secret ballot was
conducted on April 23, 1942, under the direction and supervision
of the Regional Director, among all physical employees of the Com-
pany, who are employed by the Company in its Lima Division, in
the following classifications :
Transmission and distribution
patrolmen
Troublemen
Linemen and groundmen
Sub-station operators and main-
tenance men
All meter men
- All appliance service men ' za nd
utility men
-41 N. L. R. B., No.-14.
Storeroom men
Janitors
District service men
Service meter readers and col-
lectors
Steam Plant operators and
maintenance men '
59
60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
but excluding foremen, supervisors, clerical and office employees, spe-
cial guards, and employees in a managerial capacity, to determine
whether or not they desired to be represented by the Union. On,
April 29, 1942, the Regional Director issued-and duly served upon
the parties an Election Report on -the' ballot. No objections to the
conduct of the ballot or the Election Report have been filed by any
of the parties.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results:
Total on eligibility list ----------------------------- -____- 114
Total ballots cast------------------------------------------- 97
Total ballots challenged ---------------------------------- - 0
Total blank ballots--------------------------------------- 0
Total void ballots------------------------------------------ 0
Total valid votes counted----------------------------------- 97
Votes cast for Electric Service Employees Union No. 104 (Un-
affiliated) ---------------------------------------------------- 82
Votes cast against Electric Service Employees, Union No. 104
(Unafliated )-------------------------------------------- 15
`Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS,OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of, employees of Ohio Power Company, Lima, Ohio, within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. All physical 'employees of, the Company who are employed by
the Company in its Lima Division' in the following classifications :
"Transmission 'and distribution '-Storeroom men
patrolmen Janitors
Troublemen" District service men
Linemen and groundmen Service meter readers and col-
Sub-station operators and main- lectors,- ,
tenance men Steam Plant operators and
All meter man maintenance men
All, appliance service men and
utility men .
but excluding foremen, supervisors, clerical and office employees, spe-
cial guards, and employees in a managerial capacity, constitute a
unit appropriate for the purposes of collective bargaining within the
'meaning of Section 9 (b) of the National Labor Relations Act.
3. Electric Service Employees Union No. 104= (Unaffiliated) has
been designated and selected by a majority of the employees in
OHIO POWER COMPANY 61
the above unit as their representative for the purposes of collective
bargaining and is the exclusive representative of all employees in
said unit within the meaning of Section 9 (a) of the National Labor
Relations Act.
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY- CERTIFIED that Electric Service Employees Union No.
104 (Unaffiliated) has been designated and, selected by a majority of
all physical employees of the Company who are, employed by 'the
Company in its Lima Division in the following classifications :
Transmission and distribution
patrolmen
Troublemen
Linemen and groundmen
Sub-station operators and main-
tenance men
All meter men
All appliance service men and
utility men
Storeroom men
Janitors
District service men
Service meter readers and col-
lectors
Steam Plant operators and
maintenance men
but excluding foremen, supervisors, clerical and office employees, spe-
cial guards, and employees in a managerial capacity, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to Section 9 (a) of the Act, Electric Service Employees Union No. 104
(Unaffiliated) is the exclusive representative of all such employees
for the purposes of collective bargaining with respect to rates of
pay, wages, hours of employment, and other conditions of employ-
ment.