The Ohio Power Co.

National Labor Relations Board - Board DecisionsAug 14, 1941

34 N.L.R.B. 281 (N.L.R.B. 1941)

In the Matter of THE OHIO POWER COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (A. F. L.) Case No. R-2858-Decided August 14, 1941 Investigation and Certification of Representatives : stipulation for Certification of Representatives upon consent election. Mr. Hugh E. Sperry, for the Board. Mr. E. T. Wagenhats, of Canton, Ohio, for the Company. Mr. W. H. Wilson, of Cuyahoga Falls, Ohio, for the I. B. E. W. Mr. Springer, of Canton, Ohio, for the Association. Mr. Louis Cokin, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On June 16, 1941, International Brotherhood of Electrical Workers (A. F. L.), herein called the I. B. E. W., filed with the Regional Direc- tor for the Eighth Region (Cleveland, Ohio) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of The Ohio Power Company, herein called the Company, engaged in the distribution of power at Canton, Ohio, and requesting an investigation and certification of representatives, pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act.' On July 21,1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to ,conduct it and to provide for an appropriate hearing upon due notice. On July 21, 1941, the Company, the 'I. B. E. W., Electrical Service Employees Association, herein called the Association, and the Regional Director entered into an "AGREEMENT FOR CONSENT ELECTION AND CERTIFICA- TION UPON CONSENT ELECTION." Pursuant to the Agreement, an election by secret ballot was con- ducted on July 29, 1941, under the direction and supervision of the Regional Director, among all transmission and distribution patrolmen, 34 N. L . R. B., No. 42. 281 282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD troublemen, linemen, and groundmen, substation operators and main- tenance men, meter men, appliance service men and utility men, store- room men, janitors, truck and field clerks, district service men, and meter readers and collectors at the Bellaire Division of the Company, excluding foremen, supervisors, clerical and office employees, watch- men, and employees in a managerial capacity, to determine whether said employees desired to be represented by the I. B. E. W., by the Association, or by neither. On July 30, 1941, 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__________________________________________________ Total ballots cast------------------------------------------------------- Total ballots challenged _________________________________________________ Total blank ballots------------------------------------------------------ Total void ballots------------------------------------------------------- Total valid votes cast___________________________________________________ Votes cast for International Brotherhood of Electrical Workers (A. F. L.) __ Votes cast for Electric Service Employees Association ( unaffiliated ) -------- Votes cast for neither___________________________________________________ 90 85 0 0 0 85 56 24 5 Upon the basis of the Agreement, 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 The Ohio Power Company, Canton, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All transmission and distribution patrolmen, troublemen, line- men and groundmen, substation operators and maintenance men, meter men, appliance service men and utility men-, storeroom men, janitors, truck and field clerks, district service men, and meter readers and collectors at the Bellaire Division of the Company, excluding fore- men, supervisors, clerical and office employees, watchmen, and em- ployees 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. International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor, has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bargaining and is the exclusive repre- sentative of all employees in said unit, within the meaning of Section 9 (a) of the National Labor Relations Act. â€¢ THE OHIO POWER COMPANY 283 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 Relations Act IT is HEREBY CERTIFIED that International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor, has been designated and selected by a majority of all transmission and distribu- tion patrolmen, troublemen, linemen and groundmen, substation opera- tors and maintenance men, meter men, appliance service men and utility men, storeroom men, janitors, truck and field clerks, district service men, and meter readers and collectors at the Bellaire Division of The Ohio Power Company, Canton, Ohio, excluding foremen, supervisors, clerical and office employees, watchmen, and employees in a managerial capacity, as their representative for the purposes of collective bargain- ing, and that, pursuant to Section 9 (a) of the Act, International Brotherhood of Electrical Workers, affiliated with the American Fed- eration of Labor, is the exclusive representative of all such employees in respect to rates of pay, wages, hours of employment, and other conditions of employment. MR. EDWIN S. SMITH took no part in the consideration of the above Decision and Certification of Representatives.