Southern Indiana Gas and Electric Co.

National Labor Relations Board - Board Decisions

Jun 18, 1940

24 N.L.R.B. 820 (N.L.R.B. 1940)

in the Matter of SOUTHERN INDIANA GAS AND. ELECTRIC Co1II'ANY and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL. No.
702, AFFILIATED WITH THE A. F. OF L..
Case No. C-i59..-Decided June 18. 1940
Gas and Electric Utility Industry-Settlcwent : stipulation providing for com-
pliance with the Act, including withdrawal of recognition from inside union-
Order: entered on stipulation.
Mr. Arthur R. Donovan, for the Board.
Mr. Edmund F. Ortmeyer, of Evansville, Ind., for the respondent.
Mr. Harry M. Curzon, of Decatur. Ill., for the I. B. E. W.
Mr. Paul H. Schmidt, of Evansville, Ind., for the Association.
Mr. Woodrow J. Sandler, of counsel'to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Brotherhood of Electrical Workers, Local No. 702, affiliated with the
A. F. of L., herein called the I. B. E. W., the National Labor Rela-
tions Board, herein called the Board, by the Regional Director for
the Eleventh Region (Indianapolis, Indiana.), issued its complaint
dated April 22, 1940, against Southern Indiana Gas and Electric
Company, Evansville, Indiana, herein called the respondent, alleging
that the respondent had engaged in and was engaging in unfair
labor practices affecting commerce within the meaning of Section
8 (1) and (2) and Section 2 (6) and (7) of the National Labor Re-
lations Act, 49 Stat. 449, herein called the Act. Copies of the com-
plaint and notices of hearing thereon were duly served upon the
respondent, the I. B. E. W., and Association of S. I. G. E. Employees,
Inc., herein called the Association, a labor organization allegedly
dominated, interfered with, and supported by the respondent.
Concerning the unfair labor practices,. the complaint alleged, in
substance, that the respondent (1) early in 1935 initiated, formed,
24 N. L. R. B., No. 87.
820
SOUTHERN INDIANA GAS & ELECTRIC COMPANY 821
and sponsored a labor organization or plan known as Associated
Employees of Southern Indiana Gas and Electric Company , herein
called the Associated , and dominated , contributed to the support of,
and interfered with the administration of the Associated until
March 21,1939; ( 2) on or about March 21, 1939 , without notice to its
employees , dissolved the Associated ; ( 3) on or about March 16,
1939, initiated , formed, and sponsored the Association , and domi-
nated, contributed to the support of, and interfered with the admin-
istration of the Association ; and (4 ) by the above -mentioned activ-
ities, by urging , persuading , and warning its employees to refrain
from becoming or remaining members of the I . B. E. W., by threat-
ening its employees with discharge and other reprisals if they be-
came or remained members of the I. B. E. W. and if they did not
become members of the Associated, by soliciting employees to be-
come members of the Associated , by according privileges to mem-
bers . of the Associated and the Association and denying the same
privileges to members of the I . B. E. W., and by other acts , interfered
with, restrained , and coerced its employees in the exercise of the
rights guaranteed in Section 7 of the Act.
. On May 11, 1940, counsel for the Board, the respondent, the
I. B. E. W ., and the Association entered into a stipulation in, •settle-
ment of the case . The stipulation provides as follows :
STIPULATION
It is hereby stipulated and agreed by and between the South-
ern Indiana Gas and Electric Company, herein called the RE-
SPONDENT , The International Brotherhood of Electrical Workers,
Local No. 702, Affiliated with the A. F. of L., herein called the
I. B. E. W., the Association of S. I. G. E. Employees, Inc.,
herein.'called the ASSOCIATION , and Arthur R. Donovan , Regional
Attorney for the Eleventh Region of the National Labor Rela-
tions Board, as follows :
I
Respondent is and has been since June 10, - 1912, a corporation
duly organized under and existing by virtue of the laws of the
State of Indiana, having its principal office and place of busi-
ness in the City of Evansville , County of Vanderburgh, State
of Indiana , and is now and has been continuously engaged at a
place of business in the City of Evansville , County of Vander-
burgh, State of- Indiana , hereinafter called the Evansville Plant,
in the manufacture ; sale, and distribution 'of electricity , artificial
and natural gas, steam and hot- ;water heating, water, ; and motor
bus operations.,
283035-42-vol. 24-52
822 DECISIONS- OF NATIONAL LABOR RELATIONS BOARD
Respondent in the course and conduct of its business causes
and has continuously caused a portion of electrical appliances;
commercial equipment, pipes, poles, power generator equipment;
coal. and other essential- materials used in the production and
transmission of electricity, steam and gas, and in the operation
of its motor bus operations, to be purchased, delivered and
transported in interstate commerce from and. through the States
of the United States other than the State of Indiana to, its
Evansville Plant.
II
Respondent sells electricity -to Chicago and Eastern- Illinois
Railroad Company, Illinois Central Railroad Company, Evans=
ville and Ohio Valley Railway Company, and other interstate
railroad carriers, which electricity is used by said' interstate
railroad carriers to operate their trains and/or to operate facili-
ties necessary to the operation of their interstate transportation
system in interstate commerce.
Respondent sells electricity and heat to the United States Post
Office located in the City of Evansville, and other Federal, State,
and Municipal authorities for the operation of airports, bridges,
river transportation, signals, tunnels and highways, which act as
arteries for the flow of interstate commerce to and from the
State of Indiana.
Respondent sells electricity to commercial - radio stations
WGBF and WEOA in the City of Evansville, operating-on a
frequency of 630 and 1370 kilocycles, respectively, under -and
by virtue of licenses granted by the Federal Communications
Commission.
Respondent is the sole supplier of electric current in the City
of Evansville and sells electricity,to Chrysler Corporation, Briggs
Indiana Corporation, Swift Packing Company, Serve], Inc.,
Sunbeam Electric Company; H. Fendrich, Inc., Mead Johnson
Company, and other corporations,-partnerships, and individuals
having their offices and plants located in the City of Evansville,
which are engaged in and constitute instrumentalities of inter-
state commerce, within the meaning of Section 2, subdivisions
(6) and (7) of the National Labor Relations Act..
III
Respondent is the sole supplier of electrical current to the
Western Union Telegraph Company, Postal Telegraph Com-,
pany, and the ' Indiana Bell Telephone Company, - located in
SOUTHERN INDIANA GAS & ELECTRIC COMPANY 82,3
Evansville, Indiana, which companies produce or transmit, from
and through Evansville, Indiana, telephonic and telegraphic
'communications as an integral part of communications between .
Evansville, Indiana, and other States of the. United States, and
foreign countries.
IV
Respondent, the I. B. E. W., and the Association hereby waive
their right to a hearing in this case, and all parties expressly
agree that this stipulation, the complaint with notice of hearing,
amended charge, and National Labor Relations Board Rules, and
Regulations, Series 2, as amended, issued in this matter and
duly served on the respondent, the I.' B. E. W., and the Asso-
ciation may be introduced in the record in this proceeding by
filing with the Chief Trial Examiner' of the National Labor
Relations Board at Washington, D. C.
V
Respondent, the I. B. E. W., and.the Association hereby ac=
knowledge 'due service of the complaint and notice of hearing
upon the complaint and expressly waive any right or privilege
which they may have for ten (10) days notice of hearing : and
to the holding of a hearing in this case,' and agree that The
National Labor Relations Board may make special findings of
fact and conclusions of law in this action or proceeding relative
to the jurisdiction of said board over the respondent as to its
status in interstate commerce, without waiving or prejudicing
in any manner the rights of the respondent to challenge the
jurisdiction of said board at any future time in this or in any
other or future action or proceeding and with the understanding
that such consent shall not be used or construed as an admission
or precedent in any other or future action, controversy or
proceeding. ,
VI
The Associated Employees of Southern Indiana Gas and Elec-
trict Company was organized early in the year of , 1935 for the
purpose of discussing grievances , labor disputes, and conditions
of employment . On or about March 21 , . 1939, the Associated
Employees of -Southern Indiana Gas and Electric .Company, was
dissolved and since that time has ceased ' to exist or to be re'cog-
nized in any manner , by the respondent.
824 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VII
The I. B. E.. W., and the Association are each labor -organiza-
tions within the meaning of Section 2 (5) of the National Labor
Relations Act.
VIII
The I. B. E. W. has filed an amended charge on June 12,
1939, with the National Labor, Relations Board against the
Respondent, and the Regional Director issued a complaint on
April 26, 1940, claiming that Respondent has dominated, con-
tributed support to, and interfered with the administration of
the Association and has interfered with the 'formation or ad-
ministration of other labor organizations of its employees, which
charges the respondent and Association separately and severally
deny.
The I. B. E. W. has also filed charges with the National
Labor Relations Board against the Respondent, and the Re-
gional Director issued a complaint on April 26, 1940, claiming,
that Respondent has interfered with, restrained or coerced its
employees in the exercise of the right to self-organization, to form,
join or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in con-
certed activities, for the purpose of collective bargaining or
other mutual aid and protection, as guaranteed in Section 7 of
the Act, which charges the Respondent expressly denies.
In an effort to affect a settlement and compromise of said
amended charge, the complaint herein and this stipulation and
for the purpose of promoting labor peace, the Respondent ex-
pressly consents to the issuance by the National Labor Relations
Board' of an Order to the following effect :
ORDER
Pursuant to a Stipulation, among the parties herein, the
National Labor Relations Board hereby orders that the Southern
Indiana Gas and Electric Company, its officers, agents, succes-
sors; and assigns shall:
(1) Not:
(a) Dominate or interfere with the administration of the
Association of S. I. G. E. Employees, Inc., or the formation
or administration of any other labor organization of its em-
ployees' or contribute support to the Association of S. I. G. E.
Employees,' Inc., or to any other labor organization of its em-
ployees; -
SOUTHERN -INDIANA GAS & ELECTRIC COMPANY 825
(b) In any manner, interfere with, restrain or coerce its em-
ployees in the exercise of their rights to self-organization, to
form, join or assist labor organiiatioris, to bargain collectively
through representatives of their own choosing; and to engage in
concerted activities, for the purpose of collective bargaining or
other mutual aid or protection, as guaranteed irk Section 7 of
the National Labor Relations Act.
(2) Take the following affirmative action in order to effectu-
ate the policies of the National Labor Relations Act:
(a) Withdraw all recognition from Association of S. I. G. E.
Employees, Inc., as a representative of any of its employees for
the purposes of dealing with the company concerning griev-
ances, labor disputes, wages, rates of pay, hours of employment,
or other conditions of employment.
(b) Post immediately notices in conspicuous places through-
out its plant and maintain such notices for a period of thirty
(30) consecutive days, stating that the respondent will not en-
gaffe in any of the acts or practices set forth in paragraph 1 (a)
and (b) of this Order, and that it will take the affirmative
action set, forth in paragraph 2 (a) and (b) of. this order.
(c) Notify the Regional Director for the Eleventh. Region
of the National Labor- Relations Board within a period of ten
(10) days after the,entry of this Order what steps have been
taken to comply with said Order.
IX
Respondent hereby consents to the entry by the United States
Circuit Court of Appeals, Seventh Circuit, upon application by
the National Labor Relations Board, of a- decree enforcing an
Order of the Board, in the same form as herein set forth in para-
graph VIII above, and-hereby waives further notice of the appli-
cation for such decree. The I. B. E. W. and the Association
expressly waive any right or privilege to contest the entry of
this decree by the United States Circuit Court of Appeals,
Seventh Circuit, and hereby waive further notice of application
for entry thereof. .
X
Wherever the facts, spelling'of names, titles or, other material
and documents in the record of the proceedings, herein shall ap-.
pear inconsistent with the names, titles or other material set out
and made,part of this stipulation, the spelling of names, titles and
other material, in this Stipulation shall be considered correct.
826 DECISIOINTS OF I;TATIONTAL- LABOR ' RELATIONS BOARD
-XI
This Stipulation shall be subject. in all respects to the approval
of the National Labor Relations Board, and shall become effective
immediately upon approval by the Board. If this Stipulation
is not approved by the Board, it shall be of no force and effect
and shall ' not be used as ,evidence against the parties hereto in
any subsequent proceeding herein..
XII
The entire agreement between all parties' hereto is contained
within the terms of this Stipulation, and there, is no verbal
agreement of any kind which varies, alters, or adds to said
Stipulation in any respect.
-- On May 28, 1940, the Board issued its order approving the above
stipulation, making it a part of the record, and, pursuant to Article
II, Section 36, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, transferring the proceeding to and
continuing it before the Board for the purpose of entry of a.decision
and order by the Board" pursuant to the provision's of the said
stipulation.
Upon the basis of the above stipulation and the entire record in
'the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Southern Indiana Gas and Electric Company, the respondent, is
an Indiana corporation having its principal office and_ place of busi-
ness in Evansville, Indiana, and-is engaged in the manufacture, sale,
and distribution of electricity, artificial and natural gas, steam and
hot water heating, water, and motor bus operations..
The respondent in the course and conduct of its business causes and
,has continuously caused a portion of electrical appliances, commer-
cial equipment, pipes, poles, power generator equipment, coal, and
other essential materials used in the production and transmission of
electricity, steam and gas, and in the operation of its motor bus
operations, to be purchased, delivered, and transported in interstate
commerce from and through. the States of the United States other
than the State of Indiana to its Evansville plant.
The respondent sells electricity to Chicago and Eastern Illinois,
-Railroad Company, Illinois Central Railroad Company, Evansville
and Ohio Valley Railway Company, and other interstate railroad
carriers, which electricity is used by said interstate railroad carriers
SOUTHERN INDIANA GAS & ELECTRIC COMPANY. 827
to operate their trains and/or to operate facilities necessary to the
operation of their interstate transportation system in interstate
commerce. '
The respondent sells electricity and heat to the United States Post
Office located in the city of Evansville, and other Federal, State,
and municipal authorities for the operation of airports, bridges,
river transportation, signals, tunnels, and highways, %which act as
arteries for the flow of interstate commerce to and from the State
of Indiana.
The respondent sells electricity ' to commercial radio stations
WGBF and WEOA in the city of Evansville, operating on a fre-
quency of 630 and 1370 kilocycles, respectively, under and by virtue-
of licenses granted by the Federal Communications Commission.
' The respondent is, the sole supplier of electrical current in the
city. of Evansville ' and sells electricity to Chrysler Corporation,
Briggs Indiana Corporation, ' Swift Packing Company, Servel; Inc.,
'Sunbeam Electric Company, H. Fendrich, Inc., Mead Johnson Com-
pany, and other corporations, partnerships, and individuals having
their 'offices and plants located in the city of Evansville, which are
engaged in and constitute instrumentalities of interstate commerce.
The respondent' is the sole supplier of electrical current to the
Western Union Telegraph Company,. Postal : Telegraph Company,
and the Indiana Bell Telephone Company, located in Evansville,
Indiana, which companies produce or transmit, from and through
Evansville, Indiana, telephonic and telegraphic communications as an
integral part of communications between Evansville, Indiana, and
other States of the United States and foreign countries.
We find that the above-described operations of the respondent con-
stitute a continuous flow of trade, traffic, and commerce and have a
close, intimate, and substantial relation to and effect upon trade,
traffic, commerce, transportation, . and communication among the
several States.
ORDER
Upon the basis of the above findings of fact, stipulation, and the en-
tire record in the case, and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that Southern Indiana Gas and Electric Company, Evansville,
Indiana, its officers, agents, successors, and assigns shall:
1. Not :
(a) Dominate or interfere with the administration of the Associ-
ation of S. I. G. E. Employees, Inc., or the formation or administra-
tion of any other labor organization of its employees or contribute
828 DECISIONS. OF NATIONAL LABOR RELATIONS BOARD
support to the Association of S: I. G. E. Employees, Inc., or to any
other labor organization of its employees;
(b) In any 'manner, interfere with, restrain, or coerce its em-
ployees in the exercise of their rights to self-organization, to form,
join or assist labor organizations, to bargain collectively through
representatives Hof their own choosing, and to engage in concerted'
activities, for the purpose of collective bargaining or other mutual
aid or protection, as guaranteed in Section 7 of the National Labor
Relations Act.
2. Take the following affirmative action in order to effectuate the
.policies of the . National' Labor Relations Act:
(a) Withdraw all recognition from Association of S. I. G. E. Em,
ployees, Inc., as a representative of any of its. employees for the
purposes of dealing with the company concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or other con-
ditions of employment;
(b) Post immediately notices in conspicuous places throughout its
plant and maintain such notices for a period of thirty (30) consecu-
tive days, stating that the respondent will not engage in any of the
acts or practices set forth in paragraph 1 (a) and (b) of this Order,
and that it will take the affirmative action set. forth in paragraph 2 (a)
and (b) of this order;
(c). Notify'the Regional Director for the Eleventh Region of the
National. Labor Relations Board within a period of -ten (10) days
after the: entry of this Order what -steps have been taken to comply.
with said Order.