The Ohio Public Service Co.

National Labor Relations Board - Board DecisionsFeb 9, 1942

38 N.L.R.B. 1031 (N.L.R.B. 1942)

In the Matter of THE OHIO PUBLIC SERVICE COMPANY and INTERNA- TIONAL BROTHERHOOD OF ELECTRICAL WORKERS, A. F. L. In the Matter of THE OHIO PUBLIC SERVICE COMPANY and LOCAL UNION No. 177 OF THE UTILITY WORKERS ORGANIZING COMMITTEE, C. I. O. Cases Nos. R-3065 and R-3066, respectively Investigation and Certification of Representatives : run-off election directed SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION February 9, 1942 On November 27, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding,' directing, inter alia, that in election by secret ballot be conducted among certain employees of The Ohio Public Service Company, Cleveland, Ohio, herein called the Company, to determine whether they desire to be represented by International Brotherhood of Electrical Workers, A. F. L., herein called the A. F. of L., or by Local Union No. 177 of the Utility Workers Organizing Committee, C. I. 0., herein called the C. I. 0., for the purposes of collective bargaining, or by neither. Pursuant to the Decision and Direction of Election, an election by secret ballot was conducted among such employees on December 18, 1941, under the direction and supervision of the Regional Director for the Eighth Region (Cleveland, Ohio). On. January 13, 1942, the Regional Director, acting pursuant to Article III, Section 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, prepared and duly served upon the parties an Election Report setting forth, inter alia, the following results of the aforesaid election : Total on eligibility list --------------------------------------- 135 Total ballots cast_______________________ _ Total ballots challenged------------------------------------- 10 Total blank ballots_________________________________________ 0 Total void ballots -------------------------------------____-- 0 136 N L R B 1269 38 N L. R B., No 191 1031 1032 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Total valid votes counted------------------------------------ 120 Votes cast for Local Union No. 177 of the Utility Workers Organizing Committee , C. I. 0----------------------------- 57 Votes cast for International Brotherhood of Electrical Work- ers, A F L------------------------------------------------ 12 Votes cast for neither --------------------------------------- 51 In his Election Report, the Regional Director recommended that the challenges to six of the ballots be overruled and that such ballots be deemed valid and that the challenges to four of the ballots be sus- tained and that such ballots be considered invalid. On January 19, 1942, the Company filed Objections to the Election Report in which it contended that all ten ballots should be counted. However, both the C. I. O. and A. F. of L. have acquiesced in the Regional Director's recommendations. On January 26, 1942, the Regional Director issued his Report on Objections in which he asserted that the Objections failed to present any matter justifying a change in the recommenda- tions of the Election Report. On January 15 and 19, 1942, the C. I. O. and A. F. of L., respectively, requested the Board to conduct a run-off election. The results of the election show that a substantial majority of the employees eligible to vote in the election desire to bargain collectively w ith the Company. However, neither of the competing labor organi- zations received a majority of the votes counted. Nor could either labor organization secure a majority if we adopted the recommenda- tions of the Regional Director with respect to the challenged ballots. It is possible, however, that if all ten challenged ballots were counted, as the Company desires, the C. I. O. might secure a majority. How- ever , in view of the fact that the C. I. 0., which challenged the ballots, has acquiesced in the recommendations of the Regional Director, we do not consider it necessary to pass on the challenged ballots or the Company's Objections to the Election Report. Under the circum- stances, we shall, as requested by both the C. I. O. and A. F. of L., direct a run-off election in which the employees eligible to vote in the previous election will be given an opportunity to decide whether they desire to be represented by Local Union No. 177 of the Utility Workers Organizing Committee, C. I. 0., or by International Broth- erhood of Electrical Workers, A. F. of L., for the purposes of collec- tive bargaining. SECOND 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended , it is hereby THE OHIO PUBLIC 'SERV'ICE COMPANY 1033 DIRECTED that, as part of the investigation authorized by the Board to determine the appropriate unit and to ascertain representatives for the purposes of collective bargaining with The Ohio Public Service Company, Cleveland, Ohio, an election by secret ballot shall be con- ducted as early as possible, but not later than thirty (30) days from the date of this Second Direction of Election, under the direction and supervision 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, Section 9, of said Rules and Regulations, among all employees engaged in the production and distribution of electrical energy in the Warren Division of the Company, who were eligible to vote in the election conducted on December 18, 1941, excluding super- visory, office and clerical, and sales employees, and construction work- ers and those employees who have since quit or been discharged for cause to determine whether they desire to be represented by Interna- tional Brotherhood of Electrical Workers, A. F. L., or by Local Union No. 177 of the Utility Workers Organizing Committee, C. I. 0., for the purposes of collective bargaining.