Oklahoma Gas and Electric Co.

In the Matter of OKLAHOMA GAS AND ELECTRIC COMPANY, EMPLOYER and LOCAL UNION 155, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, PETITIONER Case No. 16-RC-403.-Decided October 10, 1949 DECISION. AND DIRECTION OF ELECTION Upon a petition duly . filed, a hearing was held before Everet P. Rhea, hearing officer. The hearing officer's rulings made at the hear- ing are free from prejudicial . error and are hereby affirmed.' Upon the entire record in this case , the Board finds : 1. The Employer is engaged in the generation , transmission, dis- tribution, and sale of electric energy. It serves 218 towns and cities in the State of Oklahoma and 23 towns and cities in western Arkansas. The Employer's transmission lines are interconnected and are operated in the main as a single integrated system. During the fiscal year ending June 30, 1949 , the Employer's gross revenue was in excess of $23,000,000, of which 8.7 percent was derived from sales made within the State of Arkansas, and the balance was derived from sales made -within the State of Oklahoma . During the same period , the Employer purchased equipment and supplies valued in excess of $5,000,000, all of which were shipped to the Employer from points outside the State of Oklahoma. We find, therefore, that the Employer is engaged in commerce within the meaning of the National Labor Relations Act.' 2. The Petitioner is a labor organization , affiliated with the Ameri- can Federation of Labor, claiming to represent employees of the Employer.3 'The Employer moved to dismiss the petition on the ground that the Petitioner has failed to prove that it represents 30 percent of the employees in an appropriate unit. However, the Petitioner' s showing of interest in this proceeding is a matter for administra- tive determination . We are satisfied that a substantial number of employees have desig- nated the Petitioner as their bargaining representative . Accordingly, we hereby deny the 2 Matter of . Southwestern Electric Service Company, 85 N. L. R. B. 153; Matter of Hughes Aircraft Company, 81 N. L. R. B. 867. 2 Matter of Southwestern Electric Service Company, 85 N. L. R. B. 153 ; Matter of Texas Electric Service Company, 77 N. L. R. B. 1258. 3 The record discloses that the Petitioner has been duly organized and chartered by the American Federation of Labor. The Employer apparently contends that the Petitioner is a craft organization and does not have jurisdiction to represent all the employees in the proposed unit. We find no merit in this contention . Willingness of a labor organi- zation to represent the employees in question and the employees' designation of such labor organization are the controlling considerations under the Act. Matter of Hughes Aircraft Company, supra. 86 N. L. It. B., No. 59. 867351-50-vol. 86-29 437 438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act4 4. The Petitioner seeks to represent a unit composed of all regular employees of the Employer in the outside transmission and distribu- tion department, including the general repair shop. There has been no collective bargaining involving the employees in the proposed unit. The Employer does not admit that the unit petitioned for is appropri- ate for purposes of collective bargaining. However, it does not ad- vance any specific grounds for its opposition to such.unit. Further- more, the Employer admits that the employees in the unit petitioned for : (1) compose a closely integrated department under separate su- pervision; (2) have functions which are distinct from those of the other employees; (3) possess skills which are comparable; (4) have similar working conditions; and (5) that interchange between em- ployees in the proposed unit and employees in other departments is infrequent. We conclude, therefore, that the employees in the proposed unit constitute a homogeneous, identifiable, departmental grouping with a community of interest separate and apart from those of the other employees of the Employer and constitute an appropriate bargaining unit.' We find that the following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All employees in the outside transmission and distribution depart- ment, including the general repair shop, but excluding office and clerical employees, guards, watchmen, and supervisors 6 as defined in the Act. 5. There is a dispute with respect to the eligibility of laborers, or helpers, and persons on military leave to vote in the election directed herein. The testimony shows that laborers, or helpers, are proba- tionary employees and that the expectation is that they will become regular employees if their work proves satisfactory. In accordance with our customary policy with respect to probationary employees, we will permit them to participate in the election.' There are three employees who are absent on military leave. Although the Employer 4 The Employer moved to dismiss the petition on the ground that prior to the hearing the Petitioner failed to make a proper demand upon the Employer for recognition. How- ever, in view of the fact that a question concerning representation was shown to exist at the hearing, we deny the motion . Matter of Advance Pattern Company, 80 N. L. R. B. 29. 6 Matter of Kansas City Power & Light Company , 75 N. L. R. B. 609 ; Matter of The Ohio Public Service Company, 71 N. L. It. B. 184 and 69 N. L . R. B. 1089 ; Matter of Common- wealth Edison Company, 55 N. L. R. B. 465. Insofar as it is inconsistent herewith , Matter of Southwestern Electric Service Company , 85 N. L. R. B. 153 , is overruled. 6 In accordance with the stipulation of the parties, we find that the working foremen are supervisors . Accordingly , they are excluded from the unit. 7Matter of The Ohio Power Company ( Canton Division), 80 N. L. R. B. 582. OKLAHOMA GAS AND ELECTRIC COMPANY 439 testified that if such employees return, they will be reemployed and will obtain the advantage of accrued employee benefits, there is no indication in the record when, if at all, they will apply for reinstate- ment. Accordingly, we find that employees on military leave are ineligible to vote in the election herein." DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or rein- stated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bar- gaining, by Local Union 155, International Brotherhood of Electrical Workers, AFL. 9 Matter of Cities Service Oil Co. of Pennsylvania ( Marine Division), 75 N. L. R. B. 78.