Savannah Electric and Power Co.

In the Matter of SAVANNAH ELECTRIC AND POWER COMPANY and 'INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS In the - Matter Of SAVANNAH ELECTRIC AND POWER COMPANY and AMALGAMATED -ASSOCIATION OF STREET, ELECTRIC RAILWAY AND MO- TOR COACH EMPLOYEES OF AMERICA , A. F. OF L. LOCAL 1324 Cases Nos. R-4805 and R-4806, respectively.-Decided March 11, 1943 Jurisdiction: electric, street transportation, and steam utility industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord petitioners recognition because of an existing contract with rival labor organization ; contract covering a unit materially different from that previously found appropriate by the Board, held no bar; election • necessary. Unit Appropriate for Collective Bargaining : employees in the (1) transporta- tion department, and (2) power plant, and the installation, line, mechanical, and track-departments of an electrical and'street transportation utility per- mitted to determine whether or not they desired to be merged in a single com- pany-wide unit, or to constitute separate appropriate units; residual group of employees permitted, to determine whether or not they desired to be repre- sented by the organization contending for the company-wide unit when it appeared that they were eligible to membership and had been represented by that organization. . Abrahams, Bouhan, Atkinson cQ Lawrence, by Messrs. Edmund H. Abrahams and John J. Bouhan, of Savannah, Ga., and Hunton, Wil- liams, Anderson, Gay d Moore, by Messrs. George D. Gibson and Francis V. Lowden, Jr., of Richmond,,Va., for the Company. Mr. T. H. Payne, of Birmingham, Ala., and Mr. C. C. Carroll, of Savannah, Ga., for the I. B. E. W. Messrs. E. L. Oliver and O. D. Zimring, of Washington, D. C., and Mr. Thomas L. McBrayer, of Atlanta, Ga., for the Amalgamated. Mr. Gilbert E. Johnson, Mr. Coke S. Blum, and Mr. Charles B. Mikell, all of Savannah, Ga., for the Independent. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT, OF THE CASE Upon petitions severally, filed by the International Brotherhood of Electrical Workers, herein called the I. B. E. W., and the Amalgam- 48 N. L. R. B., No. 8. _ 33 34 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ated Association of Street, Electric Railway and Motor Coach Em- ployees of America, A. F. L., Local .1324, herein called the Amalgam- ated, the National Labor Relations Board 'provided for an appro- priate consolidated hearing upon due notice before Paul L. Styles, Trial Examiner. Said hearing was held at Savannah, Georgia, on January 27, 1943. The Company, the I. B. E. W., the Amalgamated, and Independent Organization of Employees of the Savannah Elec- trie-and Power Company, herein called the Independent, appeared, participated, and were afforded full opportunity to be heard, to ex- amine and cross-examine witnesses and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties filed briefs which have been duly considered by the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY 1 Savannah Electric and Power' Company, a Georgia corporation, is engaged in the production, distribution, and sale of electricity and in the operation of a street-railway and motor bus transportation sys- tem in Savannah, Georgia, and neighboring localities. The Com- pany uses fuel oil and coal to operate the steam turbines which pro- duce electrical energy. During the year 1940 the Company purchased from a-concern located in the State of Georgia 273,823.94 barrels of oil, at a cost in excess of $275,000. This oil was obtained by the con- cern which sold it to the Company, from sources outside the State of Georgia. The oil now received by the Company is received directly from outside the State of Georgia in tank cars. The Company buys its coal directly from mines located outside the State of Georgia and is currently buying coal 'at a rate of in excess 'of 40,000 tons per year. A substantial part of the Company's output is currently required by, local shipyard activities. TI. THE ORGANIZATIONS INVOLVED International Brotherhood of Electrical Workers is a labor organi- zation affiliated with the American Federation of Labor, admitting to membership employees of the Company. Amalgamated Association of -Street, Electric Railway and Motor Coach Employees of America, Local 1324, is a labor organization 1•Pnrsuant to stipulation of the parties, the facts in the present record as to the busi- ness of the Company are supplemented -by the Board's findings in a prior representation case involving the Company. See Matter of Savannah Electric and Power Company and Intel national Brotherhood of Electrical Workers, 38 N L. R. B 47. SAVANNAH ELECTRIC AND POWER COMPANY 35 affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. Independent Organization of Employees of Savannah Electric and Power Company is an unaffiliated labor organization, admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION On or about November 1 and 28, 1942, respectively' the I. B. E. W. and the Amalgamated severally requested recognition from the Com- pany. The Company declined to recognize either union because of an existing contract between the Company and the Independent. At the hearing, both the Company and the Independent urged that the contract was a bar to the present proceedings. On February 19, 1942, the Independent was certified by the Board as the exclusive representative of the Company's employees in the power plant and the installation, line, mechanical, and track depart- ments, the unit previously found appropriate by the Board.2 The I. B. E. W. had sought this unit, and now also claims that it is appro- priate. In the prior proceeding, the Board had rejected the contention of the Company and the Independent that the company-wide unit was appropriate. The Board there found that the employees in the trans- portation department, the unit now sought by the Amalgamated, which was then organizing these employees, should not be combined with the employees in the unit for which the Independent was subsequently certified. Moreover, the Board found that employees in non-operating departments, whose work was. mainly office and clerical, should be excluded. Although the Board specifically excluded employees in the transportation department and in non-operatin g departments, the Company and the Independent on March 18, 1942, entered into an exclusive bargaining contract covering all employees, excluding super- visors, student employees, and armed deputized guards. This contract is for a period ending February 29, 1944. The Board as a general rule does not entertain representation pro- ceedings where an active labor organization bas a collective bargaining contract with a reasonable period to run. But the rule assumes that 'the unit of employees covered by the contract is appropriate. In the present case, there is doubt as to the appropriateness of the unit covered by they contract between the Company and the Independent. Where the parties contract on the basis of a unit materially different from that'found by the Board, even though the contract unit might also be deemed appropriate, their agreement _is subject to any subsequent ' See Matter, of Savannah Eleeh nc and Power Company and Intev national Brotlle)hoot of Electrical Workers, 38 N L R B 47, 39 N L R B 27 521247-43-vol 4S-4 2 36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD determination the Board may make, in a proper proceeding, with respect to the appropriateness of the unit or units. Otherwise the parties could in effect set aside the Board's unit finding and foreclose the Board from performing its statutory duty of determining the appropriate unit. We find, therefore, that the Independent's contract is not a bar to a present investigation- and determination - of representatives.3 A statement of a Field Examiner, introduced in evidence at the hearing, indicates that the I. B. E. W. and theAmalgamated severally represent' a substantial number of employees in the unit claimed by each to be appropriate.4 We find that questions affecting commerce have 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. IV. THE APPROPRIATE UNITS; THE DETERMINATION OF REPRESENTATIVES The petitioning A. F. of L. unions, the I. B. E. W., and the Amal- gamated are in agreement and contend, respectively, for units com- prising (1) all employees of the power plant,, installation, line, mechanical, and track departments, including working foremen and the district representative's helper at Guyton, but excluding watchmen in the power plant, supervisory and clerical employees, and the district representative at Guyton,5 and (2) all bus and street car operators in the transportation department, excluding dispatchers, inspectors, clerks, and supervisors. The Company and the Independent are also in agreement and urge that there should be only one appropriate unit consisting of all employees of the Company excluding only super- visory and official personnel.e ' 3See Matter of The Kinnear Manufacturing Company and Steel Workers Organizing Committee affiliated with' the Committee for Industrial Organization, 4 N. L. R. B. 773; Matter of Crescent Bed Company, Inc. and United Furniture Workers of America, affiliated with Congress of Industrial Organizations, 29 N. L R. B 34. 4 The Field Examiner reported that the I. B. E. W. had submitted 143 signed member- ship cards dated between September 1 to November 20, 1942, of which 111 appeared to contain the genuine original signatures' of persons on the Company's pay roll of December 1, 1942,. containing the names of 186 persons within the appropriate unit claimed by the I B. E W. The Field Examiner further reported that the Amalgamated had submitted 77 signed membership applications dated between November 1 and 20, 1942, of 'which 73 appeared to contain the genuine original signatures of persons on the Company's pay roll of December 1, 1942, containing the names of 114 persons within the appropriate unit claimed by the Amalgamated The Independent did not present any cards or other evi- dence of membership but relied upon its contract as evidence of its interest in the present proceedings. 5 This is the same unit which' the Board found appropriate in the previous representation case involving the Company See Matter of Savannah Electric and Power Company and International Brotherhood of Electrical Workers, 38 N. L. R B. 47. 6 Though the Company is in agreement with the Independent in seeking a company-wide unit, its brief contains an alternative suggestion of two appropriate units, consisting of (1) the' power plant, line department;'andinstallation department, and (2) the trans- portation department, track department, and mechanical department. SAVANNAH ELECTRIC AND POWER COMPANY 37 The parties stipulated that there has been no substantial change in the business and managerial organization of the Company since the date of the hearing in the prior representation case. At that time,.the Board determined an appropriate unit consisting of the departments contended for by the I. B. E. W.' The Board excluded among others the employees in the transportation department as having interests and problems different from those of employees in the appropriate unit, .although the Company and the Independent had sought their inclu- lion. Aside from the existing contract between the Company and the Independent, the Company has no history of collective bargaining. We are of the opinion, and find, that the bus and street car operators in the transportation department, excluding dispatchers, inspectors, clerks, and supervisors, may properly constitute a separate appropriate unit.? We further find, in agreement with our prior decision, that all the employees of the power plant, and the installation, line, mechanical, and track departments of the Company, including working foremen and the district representative's helper at Guyton, but excluding watchmen in the power plant, supervisory and clerical employees, and the district representative at Guyton, may constitute a unit appropriate for-the purposes of collective bargaining. Since, however, it appears that each of these groups might properly be merged in a single com- pany-wide unit, we shall permit the scope of the bargaining unit or units to be determined in part by the results of separate elections which we shall direct. V There remains for consideration the question as to what if any determination shall be made with respect to the remaining employees included under the contract between'the Company and the Inde- pendent but not included in either of the above proposed units. While neither of the petitioning unions-is seeking to represent this residual group of employees, it appears that they are eligible to membership in and have been represented by the Independent in,collective bar- gaining with the Company. We shall, accordingly, give them an -opportunity to elect whether or not they desire to continue to be repre- sented by the Independent.,' In the event that they select the Inde= pendent and no other groups select the Independent as bargaining agent, they will constitute a single appropriate unit.9 If, however, they select the Independent and the latter is also the choice of any other group or groups, the employees choosing the same bargaining representative will together constitute an appropriate bargaining unit. 7 See Matter of Columbus & Southern Ohio Electric Company and Transport Workers Union (C. I. 0 ), 36 N. L. R. B 386. 8 Since the contract between the Company and the Independent excludes student em- ployees and armed deputized guards, these together with supervisory employees will be -excluded from the residual unit hereinafter set forth. See Matter of Inspiration Consolidated Copper Company and International Brotherhood ,of Electrical Workers, Local B-518, A. F. of L., 44 N. L. it. B. 1160. 38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that the questions concerning representation which have, arisen can best be resolved by means of elections by secret ballot among the ,employees in the aforesaid groups who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF . ELECTIONS 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 repre- sentatives for the purposes of collective bargaining with Savannah Electric and-Power Company, Savannah, Georgia, elections by secret ballot shall be conducted as soon as possible but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Directorfor the Tenth 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 following groups of employees who were employed during the pay- roll period immediately preceding the date of this Direction, includ- ing 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 employees who have since quit or been discharged for cause : 1. All employees of the power plant and the installation, line, mechanical, and track departments of the Company,. including°work- ing foremen and the district representative's helper at Guyton, but excluding watchmen in the power plant, supervisory and clerical em- ployees, and the district representative at Guyton, to determine 'whether they desire to be represented by International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor or by Independent Organization of Employees of Savannah Electric and Power Company, for the purposes of collective bargaining, or by neither. 2. All bus and streetcar operators in the transportation department, excluding dispatchers, inspectors , clerks, and supervisors , to determine whether they desire to be represented by Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America; Local 1324, affiliated with the American Federation of Labor, or by Independent Organization of Employees of Savannah Electric and S'AVANN'AH ELECTRIC AND POWER COMPANY 39 Power Company, for the purposes of collective bargaining, or by neither. . 3. All employees of the Company, excluding employees included in paragraphs 1 and 2 above, student employees, supervisory employees, and armed deputized guards, to determine whether or not they desire to be represented by Independent Organization of Employees of Sa- vannah Electric and Power Company, for the purposes of collective bargaining. 4