United Gas Corp.

National Labor Relations Board - Board Decisions

Oct 9, 1942

44 N.L.R.B. 994 (N.L.R.B. 1942)

In the Matter Of UNITED GAS CORPORATION and INDEPENDENT UNITED
GAS WORKERS UNION, LOCAL No. 1
Case 11?o. R-/.234.-Decided October 9, 1942
Jurisdiction : gas utility industry
Investigation and Certification of Representatives : existence of question : Com-
pany refused to negotiate with either of rival unions whose clams as to ap-
propriate unit conflicted, until question of appropriate unit was settled;
election necessary
Unit Appropriate for Collective Bargaining : employees of the Company's Hous-
ton, Texas, division, consisting of meter readers, outside collectors, investi-
gators, instrument men, estimators, and combustion servicemen in the Texas
Avenue office, and of all employees in the Navigation Street plant, where the
Company's Warehouse Section, Service Section, Construction Section, Meter
Repair Shop, and Transportation Department are located, excluding super-
visory employees wherever stationed
Mr. Tom M. Davis, Mr. K. L. Simons, and Mr. TV. B. Head, of
Houston, Tex., for the Company.
Mr. R. S. Craig and Mr. A. Z. McClain, of Houston, Tex., for the
Independent. -
Mr. Herman Wright, of Houston, Tex., for National Council.
Mr. Oscar Geltmnan, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On petition duly filed by Independent United Gas Workers Union,
Local No. 1, herein called the Independent, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of United Gas Corporation, Houston, Texas, herein called
the Company, at its Houston division, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Fontaine Martin, Jr., Trial Examiner. Said hearing was held at
Houston, Texas, on August 27, 1942. The Company, the Inde-
pendent, and National Council of Gas, Coke and Chemical Workers,
herein called National Council, appeared, participated, and were
44 N. L. R B, No. 190.
994
UNITED GAS CORPORATION
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,prejudi-
cial'error and are hereby affirmed.
Upon- the entire•record in the case, the Board makes the-following:
FINDINGS OF' FACT
I.\ THE BUSINESS OF THE COMPANY.
I
The Company owns and operates approximately 187 systems, located
in the States of Mississippi, Louisiana, and Texas,, for the, retail dis-
tribution of natural gas. It also owns all the stock of other companies
which do business in a number of States, and the majority of the stock,:
Of a company-.which does business in Louisiana and in Mexico. Sub-
stantially all of the gas fixtures and supplies purchased by the Com-
pany for its Houston, Texas, division during the year 1941, 'originated ` ,
outside the State of Texas; and in that year the Company.purchased
for its Houston division, natural gas valued, at approximately $1,200,-
000, from concerns located in- the State of Louisiana. - Revenue re-
ceived by the Company's Houston division from the distribution and
sale of natural gas and merchandise is derived almost exclusively, from
sales made within the State of, Texas.
II. THE ORGANIZATIONS INVOLVED
Independent United ,Gas Workers Union, Local No. 1, and National
Council of. Gas, Coke , and Chemical Workers are unaffiliated labor
organizations admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 21, 1942, the, Independent advised the, Company that if
represented' a majority of" the Company's -employees in. its ` Houston '
division ,in a unit appropriate for the purposes of collective bargaining,
and requested recognition as the representative of the employees in
said unit. - Thereafter, the Company informed-the Independent that,
due to-the fact'that another labor organization 2 claimed to represent
employees"of, • the -Company, in, a unit, consisting of, part of, tkie unit
Which the' Ilidependent'claimed to, represent, the Company would not
1 Authorization cards submitted by National Council bear the notation, "To-be affiliated
with the C I , O "
-' That labor organization was the United Mine ' workers of America, District. 50 In-
July 1942, the employees of, the Company who had belonged to that organization disaffiliated'
therefrom and authorized the, National Council to represent them District 50 has waived
any interest in this proceeding. -
r
996 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
negotiate' with either organization, 'until "an appropriate, unit was,
agreed upon by all parties, or determined by the Board.
A statement made by the Board's Field Examiner, introduced into
evidence at the hearing, shows that the Independent, represents a sub-,
stantial number of employees in the unit hereinafter 'found to be
appropriate .3
We find that a question affecting commerce has'arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and'(7) of the, National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Independent and the Company agree that a group consisting of
certain categories of employees described below, exclusive of super-
visory employees, at the Company's general office at 1120 Texas Ave-
Houston,, Texas, and of all employees, exclusive of supervisory
employees, at the Company's plant or shop at 4615' Navigation Street,
Houston, Texas, constitutes an appropriate unit. They disagree, as
to certain' salesmen designated as "commercial and industrial sales-
men" and "solicitors" who work out of the Texas Avenue office, whom
the Independent would include 'in the unit, and the Company would
exclude. , ' ,
The. National Council contends that employees in the Company's
Construction Section only, at the, Navigation Street plant, exclusive
of supervisory employees and a clerical employee, constitute an appro-
priate unit. ,
The Company maintains its general office for all its 187'distribution
systems, one of which services the Houston, Te'xass, area, at the Texas
Avenue address, and maintains a plant or shop at the Navigation
Street address. Employees employed, at the Texas Avenue address,
who, both the Independent and the. Company agree should be included
in the unit, 'exclusive of supervisory' employees, are as follows, ' as
described on the Company's pay roll : In the Meter Reading Section :
meter readers; in the Credit and Collection Section: outside collectors,
and investigators; in the Engineering Department: an instrument
man, and estimators; in the Sales Department: a combustion service-
3 The Independent submitted to the Board's Field Examiner 137 authorization cards,
dated in February, March, and, April of 1942, all bearing apparently genuine signatures' of
persons whose names appear on the Company's pay roll of June 25 , 1942, which'pay*roll
contains the names of approximately 210 -employees in the unit hereinafter found appro-
priate. The National Council submitted 40 authorization cards , all dated in August 1942,
of which 38 bore'apparently genuine signatures of persons whose names , appear on the
above-mentioned pay roll. Said pay roll contains the names of approximately 115 employees
in the Construction Section, the unit sought' by the National Council. According to the
Field Examiner 's statement , of this number, 59 have authorized the Independent to represent
them
-UNITED GAS .CORPORATION 997'
man. All of the foregoing are outside workers. Their duties are
closely allied to those of employees, described below, who are employed
at the Navigation Street plant. We shall include them in the unit.'
The work of commercial and `industrial salesmen, and solicitors, dif-
fers from that of other employees; and their activities are not con-
trolled by the Company in the same measure as are those of other
employees. Unlike other employees, their earnings are influeliced by
the volume of business they bring in, rather than by the amount of
work they do. 'We shall exclude them.
The employees at the Navigation Street address, all of whom,
excluding supervisory employees, the Independent and the Company
agree should be included in the unit, are as follows, as described on
the Company's pay roll : In' the Warehouse Section : quantity price
clerk, and warehouse men; in the Operations Department, Service
Section : night clerks, phone clerks, clerk; gateman, yardman, service-
men, and helpers; in the Construction Section : 5 construction clerk,
ditching machine operator, air compressor operator, drip truck driver,
welders, instrument man, blacksmith, helpers, and laborers; in the
Meter Repair Shop : mechanics, prover operator, and helpers; in the
Transportation Department: clerk, chauffeurTclerk, traveling mechan-
ics, mechanics, night serviceman, painter, and porters. A substan-
tial number of employees in the Construction Section have authorized'
the Independent to represent them.6 The' employees in this section
perform operations similar and complementary to those performed by
other employees employed at both the Texas Avenue and Navigation
Street addresses? 'We find that they should be included as part of a
unit containing such other employees.
We find that all meter readers, outside collectors, investigators,
instrument men, estimators, and combustion servicemen at the Com-
pany's Texas-Avenue office, and all employees at the. Company's Navi-
gation Street, plant, excluding supervisory employees wherever sta-
tioned, constitute a unit appropriate 'for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
Servicemen employed in the Operations Department , Service Section , ,at' the Navigation
Street address , occasionally peiform operations similar to 6r identical with operations
performed by meter readers , outside collectors , investigators , and the combustion serviceman.
5 The employees in the Construction Section 'only , exclusive of supervisory employees
and the construction clerk, are claimed by National Council to constitute an appropriate
unit. ,
See footnote 3, supra.
° Construction Section employees dig ditches , lay pipes, dig up and replace leaking pipes,
and perform incidental functions ; servicemen and helpers in the Operations Department,
Service Section , also dig up and replace pipes in connection with minor , repairs welders,
although classified under the Construction Section , also do work in connection with operations
and maintenance.
998 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE 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 the Direction of Election
herein, subject to the limitations , and additions set forth in- the
Direction.
Since the ' National Council has not indicated a desire to participate
in an election among employees in the unit which we have herein-
above'found to be appropriate , its name will not be placed upon the
ballot unless , within 5 days from the date , of the Direction of Election
herein, it requests the Regional Director to designate it upon the
ballot.
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 Re-
lations At , and pursuant to Article III, Section 8, of National Labor
Relations Board Rules , and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with United. Gas
Corporation , Houston division , Houston, Texas, an ' election by'secret
ballot - shall - be conducted as early as possible , but not later than
thirty ( 30) days from the date of this Direction , under the direction
and supervision of'the Regional Director for the Sixteenth 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 the employees of the Company in the unit found appropriate
in Section IV, above, who were 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 in the active military service or training of the
United States , or temporarily laid off, but excluding employees who
have since quit or been discharged for cause , to determine whether
or not they desire to be represented by Independent United Gas
Workers Union , Local No. 1, for the purposes of collective bargaining.
MR. WM . M. LEISERSON took no part in the consideration ,' of the
above - Decision and Direction of Election. -