The Marion Reserve Power Co.

National Labor Relations Board - Board Decisions

Jul 14, 1944

57 N.L.R.B. 353 (N.L.R.B. 1944)

In the Matter of THE MARION RESERVE POWER COMPANY and INTER-
NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION B-638
(AFL) . -
Case No. 8=J-1463.Decided July 14, 1944, -
M. William Patrick Clyne, of Cleveland, Ohio, Mr. H. H. Hoppe,
,of Marion, Ohio, and Mr. J. M. Strelitz, of Marion, Ohio, for the
Company.
Mr. W. H. Wilson, of Akron, Ohio, for the I. B. E. W.
Mr. Wallace E. Royster, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Elec-
trical Workers, Local Union B-638 (AFL), herein called the I. B.
E., W., alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The Marion Reserve Power
Company, Marion, Ohio, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before William O. Murdock, Trial Examiner. Said hearing
was held at Marion, Ohio, on May 22 and 23, 1944. The Company
,and the I. B. E. W. appeared, participated, and 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. All parties were afforded opportunity to file briefs
with the Board. The Company has requested a hearing before the
Board for the purpose of oral argument. In view of the extensive
record and briefs filed herein the request is hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Marion Reserve Power Company, with headquarters and• oper-
ating offices at Marion,- Ohio, is engaged in the purchase, production,
'57 N L. R. B., No 65.
601248-45-vol . 57-24 '353
354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
distribution, and sale of electrical energy, in a territory in west cen-
tral Ohio. The Company furnishes electrical energy to a number of
municipalities, utility companies, and interstate carriers. During
1943, the Company purchased materials having a value of $414,000,
for use in its operations, of which approximately 80 percent was
shipped to the Company from points outside the State of Ohio.
We find that the operations of the.Company affect commerce with-
in the meaning of the National Labor Relations Act.
'II. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers, Local Union
B-638, is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
9
III. THE QUESTION CONCERNING REPRESENTATION -
In February 1944, the I. B. E. W. requested recognition as exclusive
bargaining representative of the employees in the Company's gen-
erating station and Marion substation. The Company refused to
extend recognition without Board certification.
A statement of the Field Examiner,, introduced in evidence at the
hearing, indicates that the I. B. E. W. represents a substintial, number
of'the Company's employees.' ,
We find that a question affecting commerce has arisen 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
Extending easterly for 100 miles from the Indiana line, the operat-
ing territory of the Company covers an area with an" average width
of 13 miles. The Western Division, under a superintendent at Sidney,
Ohio, receives electrical energy from the wires of other utility com-
panies and distributes it in that division only. ' The employees in the
Western Division normally work only within that division. The
Eastern Division is superintended from Marion, Ohio, where the
'principal offices of the Company are located. The Company's only
generating station is located near Marion and all the electrical energy,
generated there is distributed in the Eastern Division. The employees
in the Eastern Division normally work only in that division.
Although unsuccessful 'in its attempt to organize the employees in
the Western Division, the I. B. E. W., in 1942, gained recognition
'The Field Examiner reported that the I B F, W submitted 24 authorization cards
bearing dates in December 1943 There are approximately 49 employees in the unit which
the I. B E w seeks.
THE- MARION RESERVE POWER COMPANY 355
from the Company as the bargaining representative of its members
in the Eastern Division. The recognition was so circumscribed, how-
,ever, as to exclude employees in the generating station, the substation
-operators, and workers stationed at Elyria, Rittman, and Grafton,
-Ohio. In this proceeding, the I. B. E. W. is seeking a unit- of the
-generating station employees and the Marion substation operators.
If successful, the I. B. E. W. claims that it will then represent nearly
all the employees in the Eastern Division.
The Companyy asserts that only a system-wide unit is appropriate.
However, the organizational efforts of the I. B. E. W. have not
extended successfull3 beyond the limits of the Eastern Division and
no other labor organization is contending for the larger unit. In
this situation, without prejudice- to a different conclusion under
changed circumstances, we are persuaded that a unit lesser in scope
;may be appropriate?
Although we do not agree that the facts support the contention of
the Company with respect to the unit, we are also unable to accede
to the request of the I. B. E. War.' The Company's operations in the
Eastern Division are not extensive and the related functions of the
departments therein argue convincingly that nothing smaller than a
division-wide unit is appropriate. Substation electricians and oper-
ators frequently work together and presumably have similar interests
and problems.- We find '-ho-reason -tu separat'e' them for bargaining
purposes. Similar considerations lead us to the conclusion that gen-
erating station employees should be in the same bargaining unit with
line, service, meter and merchandise service department employees,
man`- of.whom essertedly are now represented under the I. B. E. W.'s
contract covering its members. These considerations and the admit-
ted fact that the I. B. E. W. has organized a substantial number of
employees in the Eastern Division outside the generating station and
the Marion substation' argue `further for the division-wide unit.
Accordingly, we find that all production and, maintenance em-
ployees of the Company in the Eastern Division, including generating
station employees, Marion substation employees, line department em-
ployees, service department employees, meter department employees,
merchandise service department employees, and including all such
employees in Elyria, Rittman, and- Grafton, Ohio, but excluding
clerical employees, professional employees, guards, employees in the
Western Division, and all supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees or effectively recommend such action, con=
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act. -
2 see Matter of Oklahoma Gas & Electric Company, 42 N. L. R. B. 750, and cases cited
therein.
356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. TIIE 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 appropriate unit who were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tion herein, subject to the limitations and,additions set forth in said
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, and pursuant to Article III; Section 9, of National Labor Rbla-
tions Board Rules and Regulations-Series 3, it is hereby
DIREOIED that, as part. of 'the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Marion Re-
servePower Company, Marion, Ohio, an, election by secret ballot
shall be-conducted as early as possible, but not later than thirty (30)
days fr om the date of this Direction, under the direction and super-
vision of the 'Regional Director for the Eighth Region, acting in this.
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among ,the employees in the unit found appropriate in Section IV,
above, who N'Vere employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces,
of the United States, who present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause,
and have not•been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
'International Brotherhood of Electrical Workers, Local Union B-63&
(AFL), for the purposes of'collectivebargaining. . '
` [See i'iifra, 57 N. L.-R. B. 1292 for "Supplemental Decision and
Amendment to Direction of Election.]