The Marion Reserve Power Co.

In the Matter of THE MARION RESERVE POWER COMPANY and INTER- NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION B-638 (AFL) . - Case No. 8=J-1463.Decided July 14, 1944, - M. William Patrick Clyne, of Cleveland, Ohio, Mr. H. H. Hoppe, ,of Marion, Ohio, and Mr. J. M. Strelitz, of Marion, Ohio, for the Company. Mr. W. H. Wilson, of Akron, Ohio, for the I. B. E. W. Mr. Wallace E. Royster, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Brotherhood of Elec- trical Workers, Local Union B-638 (AFL), herein called the I. B. E., W., alleging that a question affecting commerce had arisen con- cerning the representation of employees of The Marion Reserve Power Company, Marion, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William O. Murdock, Trial Examiner. Said hearing was held at Marion, Ohio, on May 22 and 23, 1944. The Company ,and the I. B. E. W. appeared, participated, and were afforded full opportunity to be heard, to examine 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. The Company has requested a hearing before the Board for the purpose of oral argument. In view of the extensive record and briefs filed herein the request is hereby denied. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Marion Reserve Power Company, with headquarters and• oper- ating offices at Marion,- Ohio, is engaged in the purchase, production, '57 N L. R. B., No 65. 601248-45-vol . 57-24 '353 354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD distribution, and sale of electrical energy, in a territory in west cen- tral Ohio. The Company furnishes electrical energy to a number of municipalities, utility companies, and interstate carriers. During 1943, the Company purchased materials having a value of $414,000, for use in its operations, of which approximately 80 percent was shipped to the Company from points outside the State of Ohio. We find that the operations of the.Company affect commerce with- in the meaning of the National Labor Relations Act. 'II. THE ORGANIZATION INVOLVED International Brotherhood of Electrical Workers, Local Union B-638, is a labor organization affiliated with the American Federa- tion of Labor, admitting to membership employees of the Company. 9 III. THE QUESTION CONCERNING REPRESENTATION - In February 1944, the I. B. E. W. requested recognition as exclusive bargaining representative of the employees in the Company's gen- erating station and Marion substation. The Company refused to extend recognition without Board certification. A statement of the Field Examiner,, introduced in evidence at the hearing, indicates that the I. B. E. W. represents a substintial, number of'the Company's employees.' , 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. IV. THE APPROPRIATE UNIT Extending easterly for 100 miles from the Indiana line, the operat- ing territory of the Company covers an area with an" average width of 13 miles. The Western Division, under a superintendent at Sidney, Ohio, receives electrical energy from the wires of other utility com- panies and distributes it in that division only. ' The employees in the Western Division normally work only within that division. The Eastern Division is superintended from Marion, Ohio, where the 'principal offices of the Company are located. The Company's only generating station is located near Marion and all the electrical energy, generated there is distributed in the Eastern Division. The employees in the Eastern Division normally work only in that division. Although unsuccessful 'in its attempt to organize the employees in the Western Division, the I. B. E. W., in 1942, gained recognition 'The Field Examiner reported that the I B F, W submitted 24 authorization cards bearing dates in December 1943 There are approximately 49 employees in the unit which the I. B E w seeks. THE- MARION RESERVE POWER COMPANY 355 from the Company as the bargaining representative of its members in the Eastern Division. The recognition was so circumscribed, how- ,ever, as to exclude employees in the generating station, the substation -operators, and workers stationed at Elyria, Rittman, and Grafton, -Ohio. In this proceeding, the I. B. E. W. is seeking a unit- of the -generating station employees and the Marion substation operators. If successful, the I. B. E. W. claims that it will then represent nearly all the employees in the Eastern Division. The Companyy asserts that only a system-wide unit is appropriate. However, the organizational efforts of the I. B. E. W. have not extended successfull3 beyond the limits of the Eastern Division and no other labor organization is contending for the larger unit. In this situation, without prejudice- to a different conclusion under changed circumstances, we are persuaded that a unit lesser in scope ;may be appropriate? Although we do not agree that the facts support the contention of the Company with respect to the unit, we are also unable to accede to the request of the I. B. E. War.' The Company's operations in the Eastern Division are not extensive and the related functions of the departments therein argue convincingly that nothing smaller than a division-wide unit is appropriate. Substation electricians and oper- ators frequently work together and presumably have similar interests and problems.- We find '-ho-reason -tu separat'e' them for bargaining purposes. Similar considerations lead us to the conclusion that gen- erating station employees should be in the same bargaining unit with line, service, meter and merchandise service department employees, man`- of.whom essertedly are now represented under the I. B. E. W.'s contract covering its members. These considerations and the admit- ted fact that the I. B. E. W. has organized a substantial number of employees in the Eastern Division outside the generating station and the Marion substation' argue `further for the division-wide unit. Accordingly, we find that all production and, maintenance em- ployees of the Company in the Eastern Division, including generating station employees, Marion substation employees, line department em- ployees, service department employees, meter department employees, merchandise service department employees, and including all such employees in Elyria, Rittman, and- Grafton, Ohio, but excluding clerical employees, professional employees, guards, employees in the Western Division, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such action, con= stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. - 2 see Matter of Oklahoma Gas & Electric Company, 42 N. L. R. B. 750, and cases cited therein. 356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. TIIE 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 our Direction of Elec- tion herein, subject to the limitations and,additions set forth in said 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 9, of National Labor Rbla- tions Board Rules and Regulations-Series 3, it is hereby DIREOIED that, as part. of 'the investigation to ascertain representa- tives for the purposes of collective bargaining with The Marion Re- servePower Company, Marion, Ohio, an, election by secret ballot shall be-conducted as early as possible, but not later than thirty (30) days fr om the date of this Direction, under the direction and super- vision of the 'Regional Director for the Eighth Region, acting in this. matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among ,the employees in the unit found appropriate in Section IV, above, who N'Vere employed during the pay-roll period immediately preceding the date of this Direction, including 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, and have not•been rehired or reinstated prior to the date of the elec- tion, to determine whether or not they desire to be represented by 'International Brotherhood of Electrical Workers, Local Union B-63& (AFL), for the purposes of'collectivebargaining. . ' ` [See i'iifra, 57 N. L.-R. B. 1292 for "Supplemental Decision and Amendment to Direction of Election.]