Wisconsin Southern Gas Co.

National Labor Relations Board - Board Decisions

Sep 22, 1942

44 N.L.R.B. 311 (N.L.R.B. 1942)

In the Matter of WISCONSIN SOUTHERN GAS COMPANY and NATIONAL
COUNCIL OF GAS, COKE AND CHEMICAL WORKERS
Case No. R-41243.-Decided September 22, 194
Jurisdiction : gas utility industry.
Investigation and Certification of Representatives : existence of question: out-
standing closed-shop contract held no bar where substantially all members of
contracting union abandoned the union, surrendered its charter, and trans-
ferred their affiliation to petitioning union ; election necessary.
Unit'Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding clerical and supervisory employees ; stipulation as to.
Mr. Clarence A.'Meter, forthe Board. .
Mr. Helmar Hansen, of Chicago, Ill., for the Company.
-Mr., W. C. Sonnemann, of Milwaukee, Wis., for the Council.
Mr. Alfred Kamin, of Washington, D. C., and Mr. Gene Posner, of
Milwaukee, Wis., for District 50.
Mr. Louis Cokvn, of counsel to the Board.
DECISION
AND
- DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition, duly filed-by National Council of Gas, Coke and
Chemical Workers, herein called the Council, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Wisconsin Southern Gas Company, Burlington, Wisconsin,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Stephen M.
Reynolds, Trial Examiner. Said hearing was held at Burlington,
Wisconsin, on September 1, 1942. The Board, the Company, the
Council,' and District 50, United Mine Workers of America, herein
called District 50, appeared,' participated, and were afforded full op-
portunity to be heard, to examine and cross-examine witnesses', and
to introduce evidence', bearing on the issues. During the course of
the hearing, counsel for District 50 moved ,to dismiss the petition.
The Trial Examiner reserved his ruling. The motion'is hereby denied.
44 N. L. R B., No. 55. -
311 .
312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Trial Examiner's rulings made at the hearing are -free from
prejudicial 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
Wisconsin Southern Gas Company is a Wisconsin corporation oper-
ating gas utilities in Burlington, Wisconsin. During the 12-month
period ending June 30, .1942, the Company purchased 'raw materials
valued at about $51,000, all of which were shipped to it from outside
Wisconsin. During the same period the Company derived $165,000
from the sale of gas, all of which was sold within Wisconsin. The
Company is affiliated with American Utilities Service Corporation of
Chicago, Illinois.
II. THE ORGANIZATIONS INVOLVED
National Council of Gas, Coke and Chemical Workers is an unaffili-
ated labor organization, admitting to membership employees of the
Company. -
District 50, United Mine Workers of America, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 13, 1942, the Company and District 50 entered into a 1 year
closed-shop contract covering, all the Company's employees. This
contract was negotiated with the Company by District 50 through
'Ransom Reeder 'and Chester= Walczak;''its locah'represexitative`s.' On
July 1, 1942, a meeting of the employees of the Company took place,
at which time they adopted a resolution severing their affiliation with
District 50 and directed that their charter be returned to District 50.
Thereafter, Reeder and Walczak accepted employment with the Coun-
cil and on July 9, 1942, requested the Company to substitute the name
of the Council for that of District 50 in the April 13, 1942, contract.
The Company thereupon refused to deal with either District 50 or
the Council until such time as the Board determined the appropriate
bargaining agent,of its employees. On July 30, 1942, the Council filed
its petition herein. All officers and committee members-of District
50 are now functioning in the same capacity for the Council and there
has been no attempt by any of the employees of the Company to carry
on,District 50.
District 50 contends that its contract is a bar to a present deter-
mination of representatives and urges that the petition be dismissed.
WISCONSIN SOUTHERN GAS COMPANY 313
By union action the Council has terminated its affiliation with Dis-
trict 50 and has surrendered its charter to it. In addition , a majority
of the employees have apparently indicated their desire to be repre-
sented by the Council, whereas, so far as the record shows, there are
no employees seeking to be represented by District 50.1 This case
does not involve a contest between rival labor organizations competing
for majority representation during the existence of a valid outstand-
ing closed -shop contract ; here substantially the entire membership
of District 50, acting upon their own initiative , disbanded the local,
surrendered its charter , and transferred their affiliation-to the Council.
Under these circumstances , we hold that the contract of April 13, 1942,
does not constitute a bar to a present determination of representatives?
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company, excluding
clerical and supervisory employees, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.3
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.precedirlg the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
1 A statement of the Regional Director , introduced into evidence , shows that 15 persons
on a pay roll of the Company have signed membership application cards in the Council.
There are approximately 17 employees in the unit hereinafter found to be appropriate.
The Regional Director further reported that District 50 declined to submit any current
evidence of representation.
2 See Matter of United Stove Company and International Union, United Automobile
Workers of America, affiliated with the Congress of Industrial Organizations , 30 N. L. R. B.
305.
2 This is the same unit that is provided for in the April 13, 1942, contract between
District 50 and the Company.
314 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
-- DIRECTED that, as-part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Wisconsin South-
ern Gas Company, Burlington, Wisconsin, 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 super-
vision of the Regional, Director for the Twelfth 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 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 any such 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 any who have since quit or
been discharged, for cause, to determine whether they desire to be
represented by National Council of Gas, Coke and Chemical Workers,
or by District 50, United Mine Workers of.America, affiliated with'
the Congress of Industrial Organizations, for the purposes of collective
bargaining, or by neither. '
MR. WM. M. LEISERSON took no part in the consideration of'the
above Decision and Direction of Election.