042 NLRB 26
Ohio Power Co.
In the Matter of OHIO POWER Co iP_1NY and UTILITY WORKERS
'ORGANIZING COMMITTEE LOCAL UNION #172 (CIO)
Case No. R-3965.-Decided July 0, 194
Investigation and Certification of Representatives : stipulation foi' ceitihcation
on consent election
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I
,
Mr A M Plummer, of Canton, Ohio, for the Company
Mr Lee W. Heilman, of Canton, Ohid, for the C. 1. 0.
Mr. Harry K Johns, of Canton, Ohio, for the Independent
Mr. George H Gentithes . of counsel to the Board
DECISION.
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT'OF TIIE CASE
Upon petition duly filed by Utility Workers Oiganizing Commit-
tee, Local Union #172 (CIO), herein called the C I 0, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Ohio Power Company, herein called the
Company,-engaged in Canton, Ohio, in the manufactuie of electric
power, the National Labor Relations Board provided for an appro-
priate hearing upon due notice.
On June 8, 1942, before a hearing
was held, the Company, the C I 0, Electric Service Employee`s
Union, Local Union #102 (unaffiliated), herein called the Inde-
pendent, and the Regional Director for the Eighth Region (Cleve-
land, Ohio) entered into an "AGREEMENT FOR CONSENT
ELECTION AND CERTIFICATION UPON CONSENT
ELECTION "
Pursuant to the stipulation, an election by secret ballot was con-
ducted on June 12, 1942, under the direction and supervision of the
Regional Director among all physical employees of the Company's
Canton division in the following classifications
Transmission and distribution patrolmen
Troublemen
,Linemen and ground men
Sub-station operators and maintenance men
All meter men
All appliance service men and utility men
42NLRB,No7
26
OHIO
POWER
COMPANY
27
Storer oom men
Janitors
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Truck and field clerks
District service men
Seivice meter readers and collectors
but excluding foremen, supervisors, clerical and office' employee`s,
watchmen, and those acting in a managerial capacity, to determine
whether or not they desired to be represented by the C I. 0., by the
Independent, or by neither
On June 13, 1942, the Regional Director
issued and duly served upon the parties an Election Report on the
ballot.
No objections to the conduct of the ballot or the Election
Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows
Total on eligibility list------------------------------------
150
Total ballots cast----------------------------------------
115
Total ballots challenged-----------------------------------
4
Total blank ballots----------------------------------------
0
Total void ballots---------------------------------------
0
Total valid -,otes counted---------------------------------
-111
Votes cast for Electiic Seivice Employees Union, Local
#102 (unafliated)-------------------------------------
58
Votes cast for Utility Workers Organizing Committee,-Local
Union #172 (CIO) -------------------------------------
45
Votes cast for neither-------------------------------------
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8
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following
FINDINGS OF FACT
1. A question affecting commerce has-arisen concerning the repre-
sentation of employees of the Ohio Power Company, Canton, Ohio,
within the meaning of Section 9 (a) and Section 2 (6) and (7) of the
National Labor Relations Act
2. All physical employees of the Company's Canton division in
the following classifications
Transmission and distribution patrolmen
Troublemen
Linemen and ground men
Sub-station operators and maintenance men
All meter mien
All appliance service men and utility men
Storeroom men
Janitors
Truck and field clerks
28
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
District service men -
Service meter readers and collectors
but excluding foiemen, supervisors, clerical and office employees,
watchmen, and those acting in a managerial capacity, constitute a
unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b), of the Act
3 Electric Service Employees Union, Local #102 (Unaffiliated),
has been designated and selected by a majority of employees in the
above unit as their representative for the purposes of collective, bar-
gaining and is the exclusive representative of all employees in said
unit within the meaning of Section 9 (a) of the Act
CERTIFICATION OF REPRESENTATIVES
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,
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IT IS HEREBY CERTIFIED that Electric Service Employees Union, Local
#102 (Unaffiliated), has been designated and selected by a majority
of all physical employees of the Company's Canton division in the fol-
lowing classifications
Transmission and distribution patrolmen
Troublemen
Linemen and ground men
Sub-station operators and maintenance men
All meter men
All appliance service men and utility men
Storeroom men
Janitors
Truck and field clerks
District service men
Service meter readers and collectors
but excluding foremen, supervisors, clerical and office employees,
watchmen, and those acting in a managerial capacity, as their repre-
sentative for purposes of collective bargaining, and that, pursuant
to Section 9 (a) of the Act, Electric Service Employees Union,
Local #102 (Unaffiliated), is the exclusive representative of all such
employees for the purposes of collective bargaining with respect to
rates of pay, wages, houis=of employment, and other conditions of
employment