Wheatland Electric Cooperative, Inc.

WHEATLAND ELECTRIC COOPERATIVE, INC. 109 ployer, excluding all salesmen, office clericals, the telephone oper- ator, technicians, professional employees, guards, watchmen, and all executives and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. [Text of Direction of Election omitted from publication in this volume.] . WHEATLAND ELECTRIC COOPERATIVE, INC. and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 646, AFL, PETITIONER. Case No. 17-RC--93.. April 30, 1951 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before William J. Scott, hear- ing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Reynolds and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employer is a Kansas corporation with its principal place of business located at Scott City, Kansas. It is financed by the Rural Electrification Administration and is engaged in the production and distribution of electric power to its approximately 2,900 members.' The Employer generates its own electricity and. during the year 1950 it sold and distributed electricity to its members in an amount exceeding $382,000 in value, part of which was purchased by com- mercial users engaged in commerce and the rest by rural consumers. The Employer is in the process of constructing 900 miles of power lines and a new generating plant which when completed will cost in the neighborhood of $1,500,000. The materials used in this construc- tion are, in large part, shipped to the Employer from points outside the State of Kansas. During 1950, the Employer also purchased miscellaneous supplies, some of which were received from points outside the State of Kansas. Contrary to the Employer's contention, we find on these facts that the Employer is engaged in commerce within the meaning of the Act.2 'All these members live in Wichita, Greeley, Scott, Kearny, and Hamilton counties, Kansas. 2Plymouth Electric Cooperative Association, 92 NLRB 1183 ( and cases cited therein). 94 NLRB No. 21. 110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find, further, in accordance with the Board's recently established policy to take jurisdiction over public utilities, that it will effectuate the policies of the Act to assert jurisdiction in this case.8 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the represen- tation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. We find that all employees including operators, linesmen, meter readers, and the clerk in the warehouse, employed by the Employer at its Scott City and Syracuse, Kansas, plants, excluding "right of way" purchasers,4 office clerical employees, professional employees, and supervisors as defined in the Act, constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act. [Text of Direction of Election omitted from publication in this volume.] - 3 See W . C. King, d/b/a Local Transit Lines, 91 NLRB 623 ; Cherokee County Rural Electric Cooperative Association, 92 NLRB 1181. 4 Upon the basis of their present duties , we shall exclude the 2 "right of way" pur- chasers, V. Bowers, and J. Riemensnider, as it appears that their interests are more closely identified with management than with the rank -and-file employees . See Buckeye Rural Electric Cooperative, Inc., 88 NLRB 196. However , as the record indicates that these 2 men will be performing other duties in several weeks, we may then include them in the unit. If this change in jol, classification occurs before the payroll period preceding the election , they may be permitted to vote under challenge. SOCIETY OF INDEPENDENT MOTION PlcTuRE PRODUCERS , AND ITS MEMBERS and INTERNATIONAL ALLIANCE THEATRICAL STAGE EMPLOYEES AND MOTION PICTURE MACHINE OPERATORS OF THE UNITED STATES AND CANADA AND ITS PROPERTY CRAFTSMEN LOCAL 44, AFL, PETITIONER. Case No. 21-RC-1765. April 30, 1951 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before George H. O'Brien, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Styles]. 94 NLRB No. 35.