Southern Indiana Gas and Electric Co.

In the Matter Of SOUTHERN INDIANA GAS AND ELECTRIC Co., and IN- TERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION No. B-702, AFFILIATED WITH TILE AMERICAN FEDERATION OF LABOR Case No. R-4417.-Decided November 12, 19% Jurisdiction : electric, steam, artificial and natural gas, and motor bus utility industry. Investigation and Certification of Representatives : existence of question : re- fusal to recognize rival union when Board had previously certified a union with which Company was in process of renewing former contract about to expire; election necessary. Unit Appropriate for Collective Bargaining : previously-declared appropriate unit consisting of production, transmission, and distribution employees of gas and electric public utility company, excluding supervisory, office and clerical workers, armed guards, and bus operators and bus garage employees covered by separate contract, held appropriate. Ortmeyer, Bamberger cC Ortmeyer, by Mr. Fred P. Bamberger, of Evansville, Ind., for the Company. Mr. James O. Jones, of West Frankfort, Ill., for the I. B. E. W. Mr. Louis Rosenberg, of Indianapolis, Ind., for the Independent. Mr. Seymour J. Spelnzan, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended petition duly filed by International Brotherhood of Electrical Workers, Local Union No. B-702, affiliated with the A. F. of L., herein called the I. B. E. W., alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Southern Indiana Gas and Electric Co., Evans- ville, Indiana, herein called the Company, the National Labor Re- lations Board provided for an appropriate hearing upon due notice before Frank M. Kleiler, Trial Examiner. Said hearing was held at Evansville, Indiana, on October 20, 1942. The Company, the I. B. E. W., and Independent Utility Workers Union, Local No. 1, Inc., herein called the Independent, appeared, 'participated, and were afforded full opportunity to be heard, to examine and cross-examine 45 N L R B, No 79. 543 514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 affirined. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Southern Indiana Gas and Electric Co., an Indiana corporation having its principal office and place of business in Evansville, Indiana, -is engaged in the manufacture, sale, and distribution of electricity, steam, artificial and natural -gas, and in the operation of motorbusses. In the conduct of its business the Company purchases electrical appliances, commercial equipment, pipes, poles, power-generator equipment, coal, and other Inaterials, a considerable portion of which is shipped to its plant in Indiana from places other than the State of Indiana. The Company sells electrical current to various railroads, telegraph companies, radio stations, and industrial corporations which are engaged in and constitute instrumentalities of commerce, within the meaning of Section 2 (6) and (7) of the National Labor Relations Act.' II. THE ORGANIZATIONS INVOLVED International Brotherhood of Electrical Workers, Local Union No. B-702, is a labor organization affiliated with the American Feder- ation of Labor, admitting to membership employees of the Company. Independent Utility Workers Union, Local No. 1, Inc., is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION After a period of organizational activity among the operation and maintenance employees of the Company,, the I. B. E.- W., in a letter to the Company dated June 4, 1942, claimed.to represent a majority of these employees and requested a conference to negotiate a collective bargaining agreement. The Company replied that it was in the process of negotiating a renewal of a contract with the Inde- pendent, which had been certified by the Board in May 1941,2 as the exclusive representative of all production, transmission, and distribu- tion employees.3 The unit of employees which the I. B. E. W. then claimed to represent was smaller than the unit certified by the Board I In accoidance with the agreement of the Company , the facts concerning the nature of the Company 's business ate taken from a previous Board Decision , 28 N L R B. 960. a 31 N L R B. 390 This contract expired on August 31 , 1942, having been in effect since September 1941. SOUTHERN INDIANA GAS AND ELECTRIC CO. 545 and incorporated in the contract with the Independent. Thereafter, the-I. B. E. W. amended its petition to conform with the prior certifi- cation and contract unit,, but did not notify the Company of its majority claim in the broader unit. However, the Company was informed by an agent of the Board of the I. B. E. W.'s claim in the broader unit and, at the hearing, the Company stated that it would riot recognize'the I. B. E. W. as the representative of the employees in that unit. There was no contract in effect at the time of the hear-, ing. _ A statement of the Acting Regional Director, introduced in evidence at the hearing, and a statement of the Trial Examiner, made at the hearing; show that the I. B. E. W. and the Independent represent a substantial number of employees in the unit hereinafter found appro- priate 4 \ ' 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 Act. IV. THE APPROPRIATE UNIT ` We find, in accordance with a stipulation of the parties; that all production, transmission, and distribution employees of the Com- pany, excluding supervisory, office and clerical employees, armed guards, and all employees covered by the contract between the Com- pany and the Amalgamated Association of Street and Electric Rail- way and Motor Coach Employees of,America, covering bus operators and bus garage employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9- (b) of the Act.' 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. , ' The Acting Regional Director stated that the I B. E . W submitted 84 signed member- ship cards and 6 dues cards, all dated in 1942. All the signatures on membership cards appear to be genuine and original , Seventy-seven of the 84 signatures are names of persons on the Company's pay roll of August 15, 1942 , and 3 of the 6 names on the dues cards appear on the same pay roll , which pay roll lists 228 names in the alleged appro- priate unit The Independent submitted 153 signed cards authorizing check-off of union dues, and all bearing apparently 'genuine original signatures . Of these, 139 bear names of employees on the pay roll of August 15, and , except for 4 undated cards, dates in July, .August, and October 1942 1 This is the unit for which the Independent was certified by the Board in May 1941 and covered by the contract «ith the Independent. 493508-43-vol . 45--35 546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD, 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 Act, and pursuant to Article III, Section 9, 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 Southern Indiana Gas and Electric Co., Evansville , Indiana, 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 Eleventh Region, acting in this matter as agent ,for the National Labor Relations Board and sub- ject ,to Article III, Section 10, 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 preced- ing the date of this Direction , including any such employees who did not work during said pay-roll period because they were ill or on va- cation 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 International Brotherhood of Electrical Workers, Local Union No. B-702, affiliated with the A. F. of L. or by Independ- ent Utility Workers Union, Local No. 1, Inc., for the purposes of col- lective bargaining, or by neither. MR. WM. M. LEISERSON took no part in the consideration of the above Decision and Direction of Election.