The Ohio Power Co.

In the Matter of THE OIIIO POWER COMPANY (CANTON DIVISION) and ELECTRIQ SERVICE EMPLOYEES UNION #102 (UNAFnI'LIAicaD) Case No R-4019 -Decided July 13,, 1942 Investigation and Certification of Representatives : stipulation foi ceitification on consent election Mr A M Plummer, of Canton, Ohio, for the Company Mr H K. Johns, of Canton, Ohio, for the Union. Mr M G. Ratner, of counsel to the Boaid DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE Upon petition duly filed by the Electric Service Employees Union x$102 (Unaffiliated), alleging that a question affecting commerce had arisen concerning the representation of employees of The Ohio Power Company, herein called the Company, engaged in Canton, Ohio, in the production and distribution of electric power, the National Labor Relations Board piovided for an appropriate hearing upon due notice On June 22, 1942, before a hearing was held, the Company, the Union, and the Regional Duector for the Eighth Region (Cleveland, Ohio) entered into a "STIPULATION FOR CERTIFICATION ON CONSENT ELECTION " Pursuant to the stipulation, an election by seciet ballot was con- ducted on June 26, 1942, under the direction and supervision of the Regional Director, among all clerical and office employees of the Canton Division of the Company, excluding those employees in a confidential relationship with the management, such as private secre- taries and pay ioll clerks, and any other employees exempt under the Wage and Houi law who serve in a supeivisoi y and piofessional capacity with the Company, to determine wliethet of not they desired to be repiesented by Electric Seivice Emplov( es Union #102 (Un- affiliated), for the purposes of collective baiganung ' On June 29, 1942, the Regional Duector issued and duly seived on the parties an 42 N L R B, No 90 420 THE OHIO POWER COMPANY (CANTON DIVISION), 421 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 tothe balloting and its results, the^Regional Director reported as follows: Total' on eligibility list-------------------------------------- 67. Total ballots'cast------------------------------------------- 51 Total ballots challenged -------------------------------------- 1 Total blank ballots-------------------------- ------ 0 Total void ballots------------------------------------------- 0 Total valid votes counted----------------------------------- 50 Total votes cast for Electric Seivice Employees Union #102 (unaffiliated) --------------------------------------------- 49 Total votes cast against Electric Service Employees Union #102 (unaffiliated)---------------------------------'----------- 1 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 'aflecting commerce has arisen conceinnig the "repre- sentation of employees of The Ohio Power Company, Canton Divi- sion, Canton, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act 2 All cleiical and office employees of the Canton Division of the Company, excluding those employees in a confidential relationship with the management, such as private secretaries and pay-roll clerks, and any other employees exempt under the Wage and Hour law who serve in a supervisory and professional capacity with the, Company, constitute a unit appropriate foi the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 3 Electric Service Employees Union #102 (Unaffiliated) has been designated and selected by a majority of the employees in the above unit as their repi esentative for the purposes of collective bargaining 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 vntue of and pursuant to the power vested in the National Labor Relations Boaid by Section 9 (c) of the National Labor Relations Act, IT Is HEREBY CERTIFIED that Electric Service Employees Union #102 (Unaffiliated) has been designated and selected by a majority of all clerical and office employees of the Canton Division of The Ohio Power Company, excluding those employees in a confidential relationship 422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD with the management, such as private secretaries and pay-roll clerks, and any other employees exempt under the Wage and Hour law who serve in a supervisory and professional capacity with the Company, as their representative for the purposes of collective,bargaining, and that, pursuant to Section 9 (a) of the Act, Electric Service Employees Union #102 (Unaffiliated) is the exclusive representative of such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.