Idaho Power Co.

22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Idaho Power Company and International Brotherhood of Electrical Workers, Local No. 283, AFL-CIO, Petitioner. Case 19-RC-5098 October 9, 1969 DECISION AND DIRECTION OF ELECTION BY MEMBERS FANNING, BROWN, AND ZAGORIA Upon a petition duly filed under 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer John N. Zimmerman of the National Labor Relations Board. Following the hearing and pursuant to Section 102.67 of the National Labor Relations Board Rules and Regulations and Statements of Procedure, Series 8, as amended, and by direction of the Regional Director for Region 19, the case was transferred to the National Labor Relations Board for decision. Briefs have been timely filed by the Employer and the Petitioner. A reply brief has been filed by the Employer. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel. The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. The rulings are hereby affirmed. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act, and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The labor organization involved claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of the employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. The Petitioner seeks to represent all of the employees in the Employer's Eastern Division, including the employees of the Employer's American Falls power plant, and excluding office clerical employees, professional employees, guards, and supervisors as defined in the Act. Alternatively, the Petitioner seeks this same unit but with the American Falls powerplant employees excluded. The Employer maintains in substance that only a systemwide unit of production and maintenance employees is appropriate for purposes of collective bargaining. However, if an Eastern Division unit is found appropriate, the Employer contends that its senior accountant is an office clerical employee who lacks a community of interest with other Eastern Division production and maintenance employees; and that its crew foremen are supervisors within the meaning of the Act and should be excluded. In addition, the Employer would exclude the American Falls powerplant employees because they lack a community of interest with Eastern Division employees. There is no history of collective bargaining for any of the employees sought by the Petitioner, and no labor organization seeks to represent the employees in a more comprehensive unit. The Employer, a Maine corporation, is a public utility engaged in the generation, distribution, and sale of electrical energy. The Employer's operations cover a territory consisting of southern Idaho, small portions of eastern Oregon and northern Nevada, with a section of transmission line extending into Montana. The Employer maintains its principal office and place of business at Boise, Idaho, where its activities are coordinated. This office is composed of the following departments: Legal, Corporate, Regulatory; Engineering, Operating, Construction; Treasury, Accounting; Division Operations (also including Sales, Advertising, Industrial Development); Contracts and Rates; Personnel and Safety; and, Customer Relations Representative. Production and maintenance operations of the Employer comprise three broad functions: (a) generation and transmission of electricity to distribution centers; (b) distribution of electricity to customers; and, (c) construction of lines and substations necessary for the control and transmission of electricity. The distribution aspect is performed by four divisions of the Employer's service territory, with each division headquartered in a major town. Divisions are further subdivided into districts. In 1959, the general office's Department of Division Operations was created to administer division functions so that uniform application of policies and procedures in the divisions might be achieved. Other operational aspects of the business are administered by the general office's Department of Engineering, Operating, and Construction; this includes powerplants, communications, mobile crews, and garage and shops. The Eastern Division is the only portion of the Employer's distribution operations whose employees, along with those of the American Falls powerplant which is the only powerplant located within this division, are requested by the Petitioner. Headquarters for the Eastern Division are located in Pocatello, Idaho, a distance of over 200 miles from the general office in Boise . Eastern Division district offices are at Salmon, Blackfoot, American Falls (also serving Aberdeen), and Pocatello. The location of all of the Employer's four divisions conforms generally to major centers of population; and division boundaries are altered in accordance with population growth patterns. Boundaries between divisions are not contiguous, and as it becomes necessary to provide electric service to intervening, undeveloped areas, a given division will be expanded within its natural territorial limitations. Thus, the 179 NLRB No. 3 IDAHO POWER COMPANY record indicates that in a situation-where more than one division might compete, in territorial terms, for a new service area, factors such as available power capacity and ease of servicing the customer would be considered relevant in a decision as to which division to expand. Once a customer is established as within the boundaries of a given division, services in connection with the distribution of electricity to that customer will be provided by employees permanently assigned to the division. Immediate, day-to-day direction of division operations is the responsibility of a division manager who reports, in turn, to the vice president in charge of the Division Operations Department. Also supervising their respective aspects of division functions are an electrical superintendent (concerned with production and maintenance work), sales manager, and accounting manager. They report to and are responsible to the division manager. Employee relations policies are developed and coordinated by the general office's Personnel Department. Although there are no permanent employees in the divisions who are part of the Personnel Department, division personnel matters are handled by division managers or district department heads, and personnel records are kept at the divisional level as well as at the central office. A uniform system of job classifications and work schedules is maintained throughout the company, and a printed set of working rules is issued to all company employees. The Employer recognizes, however, that these rules operate primarily as a guide to uniform practice for, as stated in a written outline of policy signed by the company president and included with the working rules, "work requirements may vary somewhat between departments and between different sections of the system and as a result totally uniform application of these rules may not be possible in all instances." While substantial deviation from a given work practice would apparently require general office approval, there is a significant amount of discretion to be exercised by division personnel written into the working rules themselves. For example, with regard to absence due to personal illness or off-the-job injury, an absence which continues beyond a certain specified time period may qualify for continued pay "if approved in writing by the Division Manager or Department Head;" and, with regard to moving expenses, payment for the cost of packing or unpacking will not be made "except as specifically authorized by the supervisor." Other employment benefits, administered by the Personnel Department on a companywide basis, include group medical insurance, long-term disability insurance, group life insurance, and a retirement plan. The company has also instituted a general college educational aid program for employees' children. Accounting policies and procedures are established and supervised by the general office. Each division, however, has its own accounting 23 personnel directed by a division accounting manager. Conformity with the Employer's central accounting practices is acquired by means of written instructions distributed by the general office; verbal conversations between general office personnel and division accounting managers; and meetings held both in Boise and in the divisions, and attended by both general office and division accounting employees. While certain overall company accounting records are maintained exclusively in the general office, division personnel are responsible for division employee timekeeping information upon which paychecks are calculated; for copies of division employees' personnel requisition forms; and for division customer billing information. Although paychecks and customer bills are prepared and issued by the general office, paychecks are sent to the division for distribution; and, after initial customer bills have been sent directly to customers by the general office, any problems with payment deliquency are handled by division personnel. Customers may settle their accounts in Boise, or in the division or district (offices. Persons seeking employment with the Employer at the division level may apply at that level or through the general office. Division supervisors have authority to fill vacancies for starting job classifications within the budget. Although the hiring procedure is not complete until officially approved by the general office, the record discloses no instance where such approval has been denied when favorably recommended by division supervisors. In addition, however, a physical examination report must also be submitted to the company doctor for approval before the hiring is final. The new hires are subject to a 6-month probationary period before becoming regular employees. Initiation of the change from probationary to permanent status is within the division and, again, it is customary for the general office to adopt the division's recommendation in this regard. Employee performance review forms are filled out every 6 months for employees eligible for promotion by their immediate supervisors. A similar report is required annually for all employees regardless of whether they are in line for promotion. On the basis of these reviews, line-of-progression promotions and merit increases are considered by division supervisors. The evidence supports a conclusion that the division's judgment in these matters is almost always relied upon, although subject to final approval by the general office. All production and maintenance jobs are subject to job posting.' When a postable job falls vacant, a notice describing the job and its requirements is circulated throughout the company. Eligible 'There are exceptions, however, relating to line-of-progression promotions , transfers within a department , division, or working unit not involving a change in classification, reassignment into vacancies for health reasons, or temporary assignment into vacancies for special training purposes 24 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees may bid on the job by submitting a written application. The job supervisor is responsible for selection of an employee to fill the position based on qualification and seniority. Where these factors are approximately equal, the record indicates that preference may be extended to applicants already working within the same division. As with all hiring and promotion matters final approval must be given by the general office to a job posting selection and, again, the division's recommendation is usually accepted. Transfers between divisions as a result of the job posting procedure are permanent and, according to the Employer's records, from April 1959 through May 1969 there have been approximately 447 permanent transfers throughout the entire company in all job classifications.' It appears that only about 90 of these transfers involved production and maintenance jobs between different divisions. .Numerous and rapid transfers between divisions are discouraged by a system of two types of seniority: company seniority and department seniority. Company seniority is defined as cumulative length of service with the company; department seniority is defined as continuous service within a department, division, or working unit. Thus, department seniority will accrue from the date an employee begins work in a division, and will be computed as company seniority after the employee has been in a terminal journeyman job classification for 12 months. Department seniority is forfeited when the employee transfers out of a division and must be accrued again in the new location. There is a minimal amount of temporary employee interchange between divisions on an emergency basis. While all company employees work a standard workweek, normal daily activities are directed by division supervisors; and decisions as to necessary and reasonable amounts of overtime, and as to limited absences from work are also made by division supervisors. Ordinary discipline and grievance problems are handled and settled at the local level. Provision is made for appeal to the general office in these matters when necessary, but when this occurs, consideration is given to the division's interpretation of the problem. A discharge recommendation will originate at the local level also and is subject to final general office approval, In order to spot employee discontents at an early stage, small meetings between employees and a representative from the personnel department are regularly held in the divisions. Safety meetings are also held in the divisions in accordance with overall instructions from the general office. Various training courses are conducted both locally and in Boise. The Employer argues that a unit limited to employees in the Eastern Division would not be appropriate within the meaning of Section 9(a) of the Act. Pointing out that the Board has previously 'In 1959 the company employed 1179 permanent employees and in 1969 the total decreased to 1140 permanent employees. recognized that the inherent integration and interdependence of operations in the public utility industry makes optimally appropriate a systemwide unit in that industry,3 the Employer contends that the record in this case demonstrates such a high degree of systemwide centralization as to require a finding that no lesser unit would be appropriate herein. While it is true that the Board has recognized that public utilities may be, in comparison to other industries, more intimately interrelated and interdependent throughout a widespread system, it has also noted that each case in the public utilities field must be judged on its own merits in determining the appropriateness of bargaining units.4 Where, on balance, all of the relevant factors indicate that the administrative structure or geographic features of a public utility company's operations have created a separate community of interest for certain of the company's employees, the Board may find that a less-than-systemwide unit is appropriate for collective-bargaining purposes.' We believe that the evidence in this record supports the conclusion that a unit limited to the employees in the Eastern Division is appropriate for purposes of collective bargaining. The Employer's divisional structure corresponds to natural geographic demands, and the employees assigned to the Eastern Division service a well-defined geographic area and are located a considerable distance from the Employer's general office and from employees in other divisions. As indicated above, each division has been invested with substantial autonomy particularly in the area of personnel practices. The division manager exercises a large measure of, for all practical purposes, unfettered discretion with regard to decisions as to hiring, discharge, promotions, and vacations of employees within the division. It is also apparent that the Employer considers the division a necessary and meaningfully distinct entity, as evidenced by the separate seniority system and divisional meetings. Interchange of employees between divisions is not only negligible, but it is also in some measure discouraged by the Employer. In view of the geographic coherence of the requested unit, the distinctiveness of its functions, and the relative autonomy of operation with which its managing official has been entrusted, we conclude that the employees of the Employer's Eastern Division share a sufficiently separate community of interests from other employees as to warrant a separate bargaining relationship, should they so desire.6 'Montana-Dakota Utilities Co., 115 NLRB 1396. 'Pacific Northwest Bell Telephone Company, 173 NLRB No. 226. 'Monongahela Power Company, 176 NLRB No. 123. 'In a prior case (126 NLRB 547) involving this Employer, the IBEW petitioned for an election in a unit comprising various specified classifications, or any other unit found by the Board to be appropriate. The Board held that the Petitioner's specified request did "not correspond to any administrative subdivision of the Employer's operations" and was IDAHO POWER COMPANY As set forth above, the Employer, unlike the Petitioner, contends that its senior accountant is an office clerical employee, and does not share a community of interest with other Eastern Division production and maintenance employees; and that its crew foremen are supervisors within the meaning of the Act, and should be excluded from the unit found appropriate. The Employer also argues, and in the alternative the Petitioner is willing to agree, that the American Falls powerplant employees should be excluded because they also lack a sufficient community of interest with other Eastern Division employees. Senior Accountant The Eastern Division senior accountant is located in the division warehouse. Although most of his time is spent keeping a running inventory of warehouse materials and their distribution, he also spends part of his time performing the same physical functions as a warehouseman. The senior accountant is a job classification in the line of progression from warehouseman. He is supervised by the division electrical superintendent, and not by the division accounting manager. He has no authority over any other employees. The senior accountant position is also subject to the job posting procedure. Crew Foremen Crew foremen direct the daily activities of line crews. They assign work schedules, maintain discipline among crew members, and are in full charge of crews under their supervision, often working up to 250 miles from their headquarters. Crew foremen also make effective recommendations with respect to hiring, employee evaluations, wage changes, promotions, transfers, vacation arrangements, and discharges. not otherwise appropriate , and ordered an election , instead, in a systemwide unit It is apparent , however, that the nature of the Petitioner's request and the presentation of the evidence did not focus upon the possibility of finding appropriate an "administrative subdivision of the Employer's operations ," which the Board even then indicated might be a proper unit for bargaining The specific request for such a subdivision in this case, and the litigation of that precise issue , have, as we have found above, adduced ample evidence to justify granting the smaller unit 25 American Falls Powerplant Employees The functions of American Falls powerplant are the responsibility of the Superintendent of Power Plant Operations located in the Boise general office. Daily employee activities are supervised by the American Falls powerplant superintendent. The operation of the powerplant is not under the jurisdiction of Eastern Division personnel in any manner, and the only contact powerplant personnel have with division personnel is social and not administrative. On the basis of the foregoing, and the entire record, we find that the senior accountant is a plant clerical, with sufficient community of interest with other Eastern Division production and maintenance employees to warrant his inclusion in the unit. As to crew foremen, we find that they have authority effectively to recommend hire, discharge, and discipline, and thus are supervisors within the meaning of the Act. Accordingly, we shall exclude them from the unit. With respect to the American Falls powerplant employees, we find that they do not share such a community of interest with Eastern Division employees as to warrant their inclusion in the unit. We shall exclude them from the unit. We find the following employees of the Employer constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9(b) of the Act: All employees employed by the Employer in its Eastern Division including the senior accountant; but excluding crew foreman, American Falls powerplant employees, and office clerical employees, professional employees, guards, and supervisors as defined in the Act. [Direction of Election' omitted from publication ] 'in order to assure that all eligible voters may have the opportunity to vote, all parties to the election should have access to a list of voters and their addresses which may be used to communicate with them Excelsior Underwear Inc. 156 NLRB 1236, NL RB v Wyman-Gordon Company. 394 U S 759 Accordingly, it is hereby directed that an election eligibility list containing the names and addresses of all eligible voters, must be filed by the Employer with the Regional Director for Region 19, within 7 days of the date of this Decision and Direction of the Election The Regional Director shall make the list available to all parties to the election No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed