Southern California Gas Co.

In the Matter of SOUTHERN CALIFORNIA GAS COMPANY and UTILITY WORKERS ,ORGANIZING COMMITTEE, LOCAL 152, C. I. O. Case No. R-4710.-Decided February 16, 1943_, -Jurisdiction : natural gas distributing industry. Investigation and Certification, of Representatives : existence of question; rec- ognition refused because of existing contract; contract in effect for, a period less than a year having less than 2,months,to run held not to preclude a deter- mination of representatives for.the purpose of designating a representative, to negotiate-a new'•contract to succeed contract in effect; contracting organization accorded place on ballot, although it had: not appeared or participated in the hearing ; election necessary. Unit Appropriate for Collective Bargaining : all employees in the southern divi- sion of company, including probationary employees, but excluding temporary employees, gang foremen, and other supervisory employees ; stipulation as to. Mr. H. R. Blackburn and Mr. T. J. Reynolds, of Los Angeles, Calif., for the Company. Mr. James L. Dougherty and Mr. Milton S. Tyre, of Los Angeles, Calif.; for Local 152. Mr. Louis Cokin, of counsel to the Board. DECISION AND • DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly'filed•by Utility Workers Organizing Committee, Local 152, C. I. 0., herein called Local 152, alleging that a question affecting commerce had arisen concerning. the representation of em- ployees of Southern California Gas Company, Los Angeles, Calif or- nia, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before George H. O'Brien, Trial Examiner. Said hearing was held at Los Angeles, California, on December 29, 1942. The Company and Local 152' appeared and participated in the hearing., All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. During the course 1 Pacific Gas Workers Union, Inc., herein called the Independent , was served with notice but did not appear at the hearing. 47 N. L. R. B., No. 90. ' 690 SOUTHERN CALIFORNIA GAS COMPANY 691 ,Of the hearing counsel for the Company moved to dismiss the'petition for lack -of jurisdiction and because of the absence of a question con 'cerning representation. The Trial Examiner reserved rulings. The 'motions are hereby denied. 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 Southern California Gas Company is a California corporation with ,its principal office and place, of business at Los Angeles, California. The Company is engaged in the business of purchasing, transporting, selling, and distributing natural gas for light, heat, and power purposes in the central and southern portions of California. It is also engaged to, a very moderate extent in manufacturing, transporting, selling, and distributing manufactured gas. The chief raw material used by the Company is natural gas, all of which is purchased in the State of California. In addition, its purchases of raw materials include pipe meters, regulators, and similar materials. Of these raw materials amounts in value of approximately $1,000,000 annually are purchased outside the State of California. Omitting the value of . natural -gas, this figure constitutes approximately one-third of the total value of all other raw materials purchased by the Company. All materials sold by the Company are sold within the State of California. The Company supplies gas to major industrial firms in southern California -and to a number of instrumentalities in interstate commerce.' We find, contrary to the contentions of the Company, that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Utility Workers Organizing Committee, Local 152,,is a labor organ- ization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. - Pacific G'a's Workers Union, Inc., is an unaffiliated labor organiza- tion, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On September 1,1942, Local 152 requested the-Company to recognize it -as the exclusive representative of certain of the Company's em- ployees. The Company refused this request on the ground that it-was operating under a contract with the Independent. .692 DECISIONS 'OF ,NATIONAL LABOR RELATIONS BOARD On, May 16y1941,. the Company and, the Independent entered into a members-only contract covering the employees involved herein. ,On November 25, 1941, the Board certified the Independent as the exclusive representative of the employees in the Southern Division of the Company.2 Thereafter, on December 26, 1941, the Company ;and the Independent amended their May 16, 1941, contract to provide for exclusive recognition of the Independent. On May 16, 1942, the Company and the Independent renewed their contract, as amended, for a-period of another. year. This contract provided that if in sub- sequent negotiations between the Independent and an affiliate 'of the Company changes affecting wages, hours, and working conditions shall be made, said changes shall be placed in effect in 'the agreement of May 16, 1942. As stated above, on September 1, 1942, Local 152 made its demands upon the Company. On September 23, 1942, the May 16, 1942, agreement was amended pursuant"to the proviso dis- cussed above. The September 23, 1942, amendment did not open or set aside the May 16, 1942, contract but merely provided for changes agreed upon at the execution. of. the contract. The Company con- tends that the May 16, 1942, contract is a bar to this proceeding and urges that the petition be dismissed. The contract of May 6, 1942, remains in full force and effect until May 16, 1943, and' continues thereafter indefinitely unless either party thereto shall serve.thirty (30) clays' notice of a desire to terminate. If such notice is given, the contract expires on the thirtieth day following the day of notice. Since this termination notice must be given within the next 2 months, we find thhat it does not constitute a bar to a determination Of'repre- sentatives at this time. However, any certification of representatives which we may issue as a result of the election shall be for the purpose of designating representatives to negotiate a new contract to succeed the contract now in effect.3 A statement 'of a-Field Examiner of the Board, introduced into evi- dence during the hearing, indicates that Local 152 represents a substantial number of employees in the unit hereinafter found to be appropriate.4 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 Act. : Matter N. L R. B. 174. ' :Matter of Chrysler Motor Parts Corporation and International Uiiion, United Auto- mobile, Aircraft`-and Agricultural-Implement Workers of America, affiliated with the Congress of Industrial Organizations, 38 N. ,L. •R R',1379.' The Field Examiner reported that Local 152 presented 115 membership application cards bearing apparently genuine signatures of persons whose'names appear on the Com- pany's pay roll of September,80, 1942. There are, approximately, 283 employees in the appropriate unit - • SOUTHER'N' CALIFORNIA GAS COMPANY IV. TILE APPROPRIATE UNIT 693 We find, in accordance with a stipulation of Local 152 and the Com- pany, that.,all employees; in theSoAtlier-ns Division of the-Company, including probationary employees, but excluding temporary employees, gang. foremen, and other supervisory employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act.5 , V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation be resolved by means of an election by secret ballot among the employees 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. Inasmuch as the Independent is a party to a contract with the Com- pany, we shall accord it a place on the ballot even though it did not appear or participate in the hearing. - 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 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 Cali- fornia Gas Company, Los Angeles, California, 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 Twenty-first Region, act- ing in this matter as agent for the National Labor Relations Board, and subject 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 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 temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any=who have since quit or.,been-discharged,-for cause, to determine whether they desire to be.represented by Utility Workers Organizing Committee, Local 152, affiliated with the Congress of Indus- trial Organizations, or by Pacific Gas Workers Union, Inc., for the purposes of collective bargaining, or by neither.' I This is the same unit that is provided for in the May 16, 1942, contract between the Company and the Independent