The Kansas Power & Light Co.

In the Matter of THE KANSAS PowER & LIGHT COMPANY and TRANS- PORT WORKERS UNION OF AMERICA , LOCAL 232, C.'I. O. Case No. R-5705.-Decided August 03, 194.3 Doran, Kline, Cosgrove, Jeffery c Russell, by Mr. M. F. Cosgrove, of Topeka, Kans., for the company. Mr. John A. Cassidy, of Omaha, Nebr., for the C. I. O. Mr. Warren L. Moriss, of Topeka, Kans., for the A. F. of L. Mr. Joseph E. Gubbins, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon petition duly filed by Transport Workers Union of America, Local 232, affiliated with the C. 1. 0., herein called the C. 1. 0., alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of The Kansas Power & Light Company, Topeka, Kansas, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due no- tice before John A. Weiss, Trial Examiner. Said hearing was held at Topeka, Kansas, on July 21, 1943. The Company, the C. I. 0., and International Brotherhood of Electrical Workers, Local No. B-304, affiliated with the A. F. of L., herein called the A. F. of L., appeared, participated, and were afforded full opportunity to be heard, to exam- ine 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 were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Kansas Power & Light Company is a Kansas corporation engaged in supplying electric and gas service to over 100 cities and communities in central and northeastern Kansas. It interchanges 52 N. L. R. B., No. 17. 97 98 DEKESIONS OF NATIONAL LABOR RELATIONS BOAIRD power with the Kansas City Power & Light Company of Missouri and purchases gas from several companies operating interstate pipe- lines. At Topeka, Kansas, the Company supplies electricity to three interstate railroads, two national packing companies, a radio station, Western Union and Postal Telegraph Companies, Southwestern Bell Telephone Company, and'to several offices of the Federal Government. The Company operates the only public transportation system in the city of Topeka, Kansas, the employees of its transportation depart- ment being the only employees involved herein. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED, Transport Workers Union of America, Local 232, affiliated with the Congress of Industrial Organizations, and International Brotherhood of Electrical Workers, Local No. B-304, affiliated with the American Federation of Labor, are labor organizations admitting to membership - employees of the Company. M. THE ALLEGED APPROPRIATE UNIT The C. I. O. in its petition requests a unit embracing all employees of the Company's transportation department at Topeka, Kansas, ex- cluding supervisory employees. The A. F. of L. contends that only a company-wide unit in which the transportation department employees are included is appropriate. The Company has taken a neutral position. The bargaining history of the transportation department covers a period of approximately 20 years. During the period from 1923 to 1933, the employees of that department were represented by the Amal- gamated Association of Street, Electric & Motor Coach Employees of America, affiliated with the A. F. of L. The record does not disclose the activities of this union nor does it reveal what, if any, benefits which might have been derived by the employees in question from their membership in said organization. In 1933 an organization known as the Utility Operators Association became the bargaining .representative of all the Company's employees in Topeka, Kansas, including employees in the transportation department. In 1938, all the employees of the Company, including the employees of the trans- portation department, selected the A. F. of L. as their bargaining rep- resentative, and such representation has continued up to the present time. As stated above, the C. I. O. contends that the employees of the transportation department constitute an appropriate unit since they operate as a separate department in a separate building, since their THE KANSAS POWER & LIGHT COMPANY 99 duties are different from those of the other employees, and since they have assertedly not been properly represented in the past years by the A. F. of L. The A. F. of L. contends that all employees of that depart- ment who have maintained membership in the A. F. of L. have had an equal voice in union affairs, that the transportation department employees have received benefits under the contracts with the Com- pany and that they should be included in the company-wide unit which has been established by collective bargaining since 1938. The record reveals that during the past 5 years the employees in question have availed themselves of the bargaining machinery of the A. F. of L. to achieve their objectives with the Company, such as seniority rights, several increases in pay, as well as better hours and working conditions. The parties stipulated that it was not until January 25, 1943, that the C. I. O. notified the Company that it had an interest in the employees of the transportation department.) We agree that the transportation employees form a skilled, clearly identifiable, homogeneous group, and we have permitted such groups to constitute an appropriate unit on several occasions,2 but we do not consider these factors to be of sufficient weight to justify the disturb- ance of a collective bargaining arrangement which appears to have achieved and maintained harmony between the Company and the employees for the past 5 years. We conclude that the unit requested by the C. 1. 0. is not an appropriate unit for the purposes of collective bargaining and we so find. IV. THE ALLEGED QUES11ION CONCERNING REPRESENTATION Since, as we have held in Section III, above, the bargaining unit sought to be established by the petition is inappropriate for the pur- poses of collective bargaining, we find that no question has been raised concerning the representation of employees in an appropriate bar- gaining unit. Accordingly, we shall dismiss the petition. ORDER Upon the basis of the above findings of fact, the National Labor Re- lations Board thereby orders that the petition for investigation and certification of representatives of employees of The Kansas Power & Light Company, Topeka, Kansas, filed by Transport Workers Union of America, Local 232, affiliated with the C. I. 0., be, and it hereby is, dismissed. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Order. I Cf. Matter of Bendsm Aviation Corporation, 39 N. L. R. B. 81. See Matter of El Paso Electrio Company, 50 N. L. R. B. 56, and cases cited therein. 549875-44-vol. 52-8