Wisconsin Power and Light Co.

National Labor Relations Board - Board Decisions

Mar 31, 1938

6 N.L.R.B. 320 (N.L.R.B. 1938)

In the Matter Of WISCONSIN POWER AND LIGHT COMPANY and UNITED
ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL No.
1134
Case No. R-588.-Decided March 31, 1938
Gas and Electric Utility Industry-Investigation of Represenntatiaes: contro-
versy concerning representation of employees: rival organizations; controversy
as to appropriate bargaining unit-Unit Appropi late for Collective Bargain-
ing: employees in all districts : similarity of interests and functions of em-
ployees; history of collective bargaining relations with employer; organization
of business ; petitioning union claims majority in one district: rival organi-
zations represent employees in all districts considered as one unit : unit
confined to employees of one district is inappropriate-Order: dismissing Peti-
tion for Investigation and Certification of employees in one district only.
Mr. Morris L. Ferrer, for the Board.
Mr. William Ryan, of Milwaukee, Wis., for the Company.
Mr. James C. White, of Milwaukee, Wis., for the United.
Mr. I. E. Goldberg, of Milwaukee, Wis., for the Brotherhood, and
the Amalgamated.
Mr. Edwin L. Swope, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On October 28, 1937, United Electrical, Radio and Machine Work-
ers of America, Local No. 1134, herein called the United, filed with
the Regional Director for the Twelfth Region (Milwaukee, Wis-
consin) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Wisconsin
Power and Light Company, Beloit, Wisconsin, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On January 27, 1938, the
National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
320
DECISIONS AND ORDERS 321
On January 28, 1938 , the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the United, upon the International Brotherhood of Electrical Work-
ers, herein called the Brotherhood , and upon the Amalgamated
Association of Street , Electric Railway & - Motor Coach Employees
of America , herein called the Amalgamated , the latter three labor
organizations claiming to represent employees directly affected by
the investigation . Pursuant to the notice , a hearing was held on
February 3, 1938, at Beloit, Wisconsin , before Alvin J. Rockwell,
the Trial Examiner duly designated by the Board. The Board, the
Company, the United, the Brotherhood , and the Amalgamated were
represented by counsel and participated in, the hearing.
Full opportunity to be heard , to examine and cross -examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all parties . During the course of the hearing the Trial Examiner
made several rulings on motions and on objections to the admission
of evidence . The Board has reviewed the rulings of the Trial Ex-
aminer and finds no prejudicial errors were committed . The rulings
are hereby affirmed.
On February 28, 1938, the Company filed a brief with the Board
urging that the petition be dismissed.
Upon the entire record in the case , the Board makes the following :
FINDINGS OF FACT
I. THE BDSINESS OF THE COMPANY
Wisconsin Power and Light Company is a public utility corpo-
ration, organized under the laws of Wisconsin , with its principal
office at Madison , Wisconsin . A majority of the Company 's common
stock is owned by the North West Utilities Company which is con-
trolled by the Middle West Utilities Company. The Company has
three subsidiaries , one of which is located in South , Beloit, Illinois.
The Company is engaged principally in providing electricty, gas,
and water for about 15,000 square miles of territory within the State
of Wisconsin . As an incident to its gas and electric business, it
sells gas and electric appliances at retail . It also operates several
intrrcity and intercity bus lines, one of which crosses the State line
into Dubuque, Iowa, and one small intrastate electric railroad which
operates between Sheboygan and Plymouth where it connects with
the Chicago , Milwaukee and St. Paul Railroad . During 1936 the
Company did a business of approximately $8,250,000 and employed
about 1 ,300 persons. j
In-1936 the Company purchased approximately . $1,700,000 worth
of the following materials , most of which were manufactured or
322 NATIONAL LABOR RELATIONS BOARD
originated outside of Wisconsin : Coal, poles, copper wire, gasoline,
oil transformers, regulators and similar equipment, gas and electric
merchandise for resale , and other miscellaneous material of various
kinds.
The Company is furnishing service outside of Wisconsin to South
Beloit and Rockton, both located in Illinois, and to a few farmers
living just across the boundary line in the State of Illinois. It fur-
nishes service to several post offices and other federal buildings, and
to air beacons located in its territory. It also furnishes full or part-
time service to a number of industrial firms some of which are as
follows : Gates American Company, Taylor Freezer Company, Fisher
Rotary Oven Company, Freeman Shoe Company, Box Board Com-
pany, Gardner Machine Company, General Refrigeration Company,
and Wisconsin Knitting Company.
The Company has about thirty plants located in different parts of
its territory. The largest power plants are the hydroelectric plants
at Prairie du Sac and Wisconsin Dells, the steam plant at Edgewater,
and the steam and hydroelectric plants at Beloit. It has divided
its territory into 14 Districts in order to be in closer contact with its
consumers and to take better care of their needs. The only District
referred to in the petition is the Beloit District,•which is located near
the boundary line between Wisconsin • and Illinois. Most of the
electricity, gas, and water which is sent outside of Wisconsin by the
Company is sent out of this District'to be distributed by its subsidiary
in South Beloit, Illinois. There are about 120 persons employed in
the District.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio and Machine Workers of America-, Local
No. 1134, is a labor organization affiliated with the Committee for
Industrial Organization, admitting to its membership all employees. of
the Company in the Beloit District, excluding office, sales, and super-'
visory employees, and bus drivers.
International Brotherhood of Electrical Workers is a labor organi-
zation affiliated with the American Federation of Labor. It claims
jurisdiction over all types of electrical workers in the Company, ex-
cluding sales, supervisory, and clerical employees.
Amalgamated Association of Street, Electric Railway & Motor
Coach Employees of America is a labor organization affiliated with
the American Federation of Labor. It admits to membership all the
employees of the Company engaged in operating the Company's elec-
tric railroad, bus system and as plants, and also janitors, but excludes
sales, clerical, and supervisory employees.
DECISIONS AND 01{DERS
III. THE APPROPRIATE UNIT
323
The United claims that the employees of the Beloit District, ex-
cluding office, sales, and supervisory employees, and bus drivers, con-
stitute an appropriate bargaining unit. It claims to represent a
majority of such employees. The Brotherhood and the Amalgamated
contend that the bargaining unit or units should be composed of em-
ployees in all 14 Districts. The Brotherhood states that it has as
members a majority of the electrical workers in all 14 Districts. The
Amalgamated states that it has as members a majority of all the
electric railroad and bus system employees, janitors and gas plant
employees in the 14 Districts. The claims of the Brotherhood and
the Amalgamated with respect to the 14 Districts together cover sub-
stantially the same classifications of employees as are covered by the
claim of the United with respect to the Beloit District. On December
17, 1937, the Brotherhood and the Amalgamated each entered into an
exclusive bargaining contract with the Company covering the em-
ployees in all 14 Districts which each claims to represent.
The record indicates that the functions and interests of employees
in all 14 Districts are similar and closely related. Under such circum-
stances and in view of the nature of the business here involved, we
are of the opinion that a unit composed of employees of only one
district is not appropriate for the purposes of collective bargaining
if any lawful labor organization or organizations represent the em-
ployees in all Districts considered as one unit., On the basis of the
claims of the Brotherhood and the Amalgamated, they each represent
a majority of all employees of the Company in the 14 Districts within
the classifications which each claims to represent. No issue was raised
as to these claims at the hearing.
We find that a unit composed solely of employees of the Beloit
District is not appropriate for the purposes of collective bargain-
ing. Since the only petition filed in this proceeding relates solely to
employees in this District, it is not necessary to determine what
would be the appropriate unit if the petition were broader in scope.
IV. THE QUESTION CONCERNING REPRESENTATION
The petition in this case, as pointed out in Section III above, re-
lates solely to employees of the Company in the Beloit District. We
have found in Section III that a unit composed solely of employees
of the Beloit District is not appropriate for the purposes of collec-
tive bargaining. We find, therefore, that no question has been raised
1 See Matter of Swift and Company and Pac7anq Rouse Weikers Union, Local No 561,
4 N. L R B 779, Matter of United Shipyards, Inc and Locals -Yo 12, No 13, No 15 of
The Industrial Union of Marine and Shipbuilding Workers of America, 5 N L R B.
742.
324 NATIONAL LABOR RELATIONS BOARD
concerning the representation of employees in an appropriate bar-
gaining unit.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION of LAW
No question concerning the representation of employees of Wiscon-
sin Power and Light Company in a unit which is appropriate for the
purposes of collective bargaining has arisen, within the meaning of
Section 9 (c) of the National Labor Relations Act.
ORDER
Upon the basis of the foregoing findings of fact and conclusion
of law, the National Labor Relations Board hereby dismisses the
petition for investigation and certification filed by United Electrical,
Radio and Machine Workers of America, Local No. 1134.