Iowa Southern Utilities Co.

In the Matter of IOWA SOUTHERN UTILITIES COMPANY and UTILITY WORKERS ORGANIZING CoMMITTEE LOCAL 109, (C. I. 0.) In the Matter of IOWA SOUTHERN UTILITIES COMPANY and UNION OF EMPLOYEES OF THE IOWA SOUTHERN UTILITIES COMPANY Cases Nos. P-1456 and R-14,57, respectively.Decided September 22, 1939 Electric, Motorbus, Gas, Railway Utility Industry-Jurisdiction: effect on interstate commerce-Investigation of Representatives : controversy concerning representation of employees : rival organizations ; controversy as to appropriate unit; refusal to bargain by employer until settled-Unit Appropriate for Col- lective Bargaining : production and maintenance employees throughout system ; exclusion of supervisory , clerical, and office employees, working foremen, col- lectors, accountants, bus-garage employees, streetlight servicers, casual labor ; temporary employees included ; system-wide unit ; extent of organizations as shown by election determinative of further action regarding district unit ; mutuality of interest ; lack of uniformity in working conditions-Election Ordered: eligibility of temporary employees limited ; pay -roll list furnished, for purpose of, pursuant to agreement-Order: dismissing without prejudice peti- tion for investigation of representatives filed by one union where no question concerning representation has arisen within the unit claimed tq be appropriate. Mr. Lester Asher, for the Board. Mr. John J. Brownlee, of Chicago, Ill., for the U. W. O. C. Mr. Joseph E. Cherry, of Ottumwa, Iowa, and Mr. Robert J. Shaw, of Sigourney, Iowa, for the Independent. Mr. John Connally, Jr., of Des Moines, Iowa, for the Brotherhood. Mr. Ben P. Poor, of Burlington, Iowa, for the Company. Mr. Stanley D. Metzger, of counsel to the Board. DECISION DIRECTION OF ELECTION AND ORDER STATEMENT OF THE CASE On February 10, 1939, Utility Workers Organizing Committee, Local 109, herein called the U. W. O. C., filed with the Regional Director for the Eighteenth Region (Minneapolis, Minnesota), a 15 N. L. R. B., No. 62. 580 IOWA SOUTHERN UTILITIES COMPANY 581 petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Iowa Southern Utilities Company, Centerville, Iowa, herein called the Company, at its Bur- lington, Iowa, District, and requesting an investigation and certifica- tion of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 20, 1939, Union of Employees of the Iowa Southern Utilities Com- pany, herein called the Independent, filed with the Regional Director for the Eighteenth Region (Minneapolis, Minnesota), a petition alleging that a question affecting commerce had arisen concerning the representation of employees of the Company, and requesting an in- vestigation and certification of representatives pursuant to Section 9 (c) of the Act. On April 22, 1939, the National Labor Relations Board, herein. called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation with respect to each petition, and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice, and further ordered that, for the purposes of hearing, the cases be consolidated and that one record of the hear- ing be made. On July 22, 1939, the Regional Director issued a notice of consoli- dated hearing, copies of which were duly served upon the Company, upon the U. W. O. C., upon the Independent, and upon the Inter- national Brotherhood of Electrical Workers, Local 347, herein called the Brotherhood, a labor organization claiming to represent employ- ees directly affected by the investigation. Pursuant to notice, a hear- ing was held on July 31, August 1 and 2, 1939, at Burlington, Iowa, before Gustaf B. Erickson, the Trial Examiner duly designated by the Board. The Board, the Company, the U. W. O. C., the Inde- pendent, and the Brotherhood were represented by counsel and participated in the hearing. The Company appeared specially, deny- ing that the Board has jurisdiction over the Company or its opera- tions. A motion to intervene, filed by the Brotherhood, was granted by the Trial Examiner. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hear- ing, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. 199549-39-vol. 15-38 582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Iowa Southern Utilities Company is a Delaware corporation and has its main office in Centerville, Iowa. It owns and operates a public utilities system covering 24 counties in southern and southeastern Iowa. The principal business of the Company consists in the production, transmission, distribution, and sale of electrical energy for light, heat, and power purposes. An interconnected electrical transmission and distribution system furnishes power to 130 communities at retail, and to 7 communities at wholesale, comprising a population of ap- proximately 170,000 persons. For this purpose, the Company has 1,650 miles of transmission lines, and 120 miles of high-tension lines. In connection with this power system, the Company has electric cur- rent generating plants at Ottumwa and Centerville, and smaller standby plants at Grinnell, Washington, and Creston, Iowa. It also has a frequency changer station at Burlington, where electrical energy received from the Keokuk dam of the Mississippi River Power Com- pany is transformed. The Company sells electrical energy to the Great Lakes Pipe Line Company, which pipes oil from points outside Iowa, through Iowa, to destinations outside Iowa; to Western Union, Postal Telegraph, Northwestern Bell Telephone, and 10 independent telephone systems; to United States post offices, Civilian Conservation Corps camps, Chicago, Burlington, and Quincy Railway, Minneapolis and St. Louis Railway, and Chicago, Milwaukee, and St. Paul Railway, for lighting purposes. It sells electrical energy to the McArthur Bridge, which spans the Mississippi River from Burlington, Iowa, to Gulfport, Illi- nois, for lighting purposes, and sells the power which operates the turn-bridge of the Chicago, Burlington and Quincy Railway at the same place. The Company furnishes power to U. S. Dam #18, which maintains a 9-foot channel in the Mississippi River. The Company furnishes all the power of the American Utilities Company which sells this power to a radio-beacon station. The Company sells power to the Burlington Municipal Airport, and the Burlington City docks in the Mississippi River. In addition, the Company sells power to many industries within its system, a large proportion of whose products are shipped outside Iowa. To implement its electrical system, the Company procured during 1938, transformers, turbines, and other large equipment, copper wire, IOWA SOUTHERN UTILITIES COMPANY 583 and poles of the value of over $200,000, from outside Iowa. In con- nection with the electric system, the Company purchases and resells gas and electrical appliances. In 1938, most of the appliances pur- chased, of the value of $340,000, were procured outside Iowa. The Company owns and operates as incident to its power business, a 29-mile electric railway, which connects with 5 trunk railways (those above mentioned and the Chicago, Rock Island, and Pacific Railway, and the Wabash Railway), and which acts as an interme- diate freight carrier from those railways to Centerville, Albia, and Mystic, Iowa. The locomotive and freight cars on this railway were procured outside Iowa. The Company owns and operates a bus- transportation system in Burlington and Ottumwa, Iowa; the busses on this system were manufactured outside Iowa. In addition, the Company manufactures, distributes, and sells artificial gas in 7 cities, and generates, distributes, and sells steam for heat in 3 cities in Iowa. All of the generator coal, coke, and gas oil used to operate these systems is procured from outside Iowa. The business of the Company is carried on through 15 districts op- erating under the general supervision of the main office at Centerville : Centerville, Corydon, Leon, Mt. Ayi, Creston, Chariton, Osceola, Lamoni, Newton, Grinnel, Ottumwa, Burlington, Sigourney, Wash- ington, and Mt. Pleasant. The Company employs approximately 700 people. H. THE ORGANIZATIONS INVOLVED Utility Workers Organizing Committee, Local 109, is a labor organ- ization affiliated with the Congress of Industrial Organizations, admitting to its membership all production and maintenance em- ployees of the Company in its Burlington district, excluding office workers and clerical and supervisory employees and railway and bus- transportation employees. Union of Employees of the Iowa Southern Utilities Company, is an unaffiliated labor organization, admitting to its membership all employees of the Company, excluding officers of the Company, man- agers or foremen in whose position inheres the right to employ or discharge employees or issue an executive order affecting the working conditions, wages, and hours of employment, and railway employees and bus operators. International Brotherhood of Electrical Workers, Local 347, is a labor organization affiliated with the American Federation of Labor, admitting to its membership all production and maintenance em- ployees of the Company, excluding office workers and clerical and supervisory employees and railway and bus-transportation employees. 584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION The U. W. O. C. requested the district manager of the Company. at its Burlington district by letter on January 16, 1939, for recognition as bargaining agent of the employees of the Company, and an inter- view. On January 21, 1939, representatives of U. W. O. C. and the district manager met, and the U. W. O. C. presented a contract cover- ing the employees at the Burlington district, which was taken under advisement. About 10 days later, at a second conference, the district manager informed the U. W. O. C. that the Company could not enter into a contract. The evidence indicates that at the second conference,, the district manager asked the U. W. O. C. to be certified as collective bargaining agent by the Board. The Independent, through an official, sought recognition as exclu- sive bargaining agent for the Company's employees, in an interview on March 17, 1939, with the general manager of the Company at Centerville. The Company informed the Independent by letter on March 17, 1939, that the Independent must be certified by the Board before the Company would deal with it. The Brotherhood, through a representative, likewise was so in- formed by the Company. An official of the Company testified that the policy of the Com- pany now is, and since January 1,, 1939, has been, that it will not bargain collectively with a labor organization until it is certified as collective bargaining agent for the employees of the Company by the Board. We find that a question has arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the, question concerning representation which has arisen, occurring in connection with the operations of the . Company described in Section I above, has a close, intimate , and substantial relation to trade, traffic , and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT A. System-wide wnit The Independent and the Brotherhood desire as the unit appropri- ate for the purposes of collective bargaining employees throughout the system of the Company ' within certain classifications. The U. W. O. C. desires the employees in the Burlington district of the Company within certain classifications as the appropriate unit. IOWA SOUTHERN UTILITIES COMPANY 585 The Company, for operating purposes, is divided into 15 districts, ,each under a district manager. General policy, large-scale purchas- ing, and important construction and repair work are centralized in the home office. Pay rolls are prepared in the district offices, but are sent to the home office for audit, whence checks are issued. The district manager has autonomy regarding incidental repair and main- tenance work, the billing of customers within his district, and the hiring and firing of employees, the latter subject to the approval of the home office. The record shows that this approval is rarely with- held. The record shows that there is no interchange of employees between districts except in emergencies, and further, there is no uni- formity of wage rates or manner of payment in the various districts within the same classifications. However, the record indicates that there are differences in wage rates and manner of payment within the Burlington district as well. Lack of uniformity is also shown regarding vacations, holidays with pay, and hours of. work. Griev- ances are handled locally by the district managers. There is no history of collective bargaining in the operations of the Company. Two labor contracts, with the. bus operators of Ottumwa and Burlington, are the only exception. The Independent And the Brotherhood claim to represent substantial numbers of em= ployees throughout the system. The U. W. O. C. chartered two locals outside the Burlington district, but the evidence indicates they were unsuccessful in their organizing efforts. Twenty-seven members of the U. W. O. C. in the Burlington district desire the district as the twit. An official of the U. W. O. C. testified that he doesn't believe "the rest of the system is ready for unionization," but that if the system unit was possible it would be "all right." A member of the U. W. O. C. in the Burlington district testified that organization in a system unit would be "a. better thing for the employees," but that it could not be done at the present time. The Company has taken no position on this question of unit, but un official of the Company testified that a system unit would be more convenient for the purposes of collective bargaining. It would appear, from the foregoing that the Company, within the limitations set forth, operates as a unit, both regarding general pol- icy, and the technical conduct of its power and allied business. On the other hand, the lack of uniformity with regard- to the funda- mental conditions of employment indicates that a single-district unit might be appropriate. Under these circumstances, we find that the employees of the Company, in the classifications as set forth below, in the entire system of the Company's operations, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self- 586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD organization and to collective bargaining and otherwise effectuate the policies of the Act. We will, therefore, dismiss the petition for investigation and certification of representatives filed by the U. W. 0. C., If it appears, however, as a result of the election hereinafter ordered, on the basis of a system-wide unit, that organization has not proceeded sufficiently throughout the system, we will then further consider the appropriateness of the district unit, de novo under the procedure of the Act. B. Classification of employees The Company takes no position as to the inclusion or exclusion of classifications of employees within the appropriate unit. The U. W. 0. C., the Independent, and the Brotherhood admit to membership all production and maintenance employees of the Com- pany excluding officials of the Company, managers and foremen in whose position inheres the right to employ or discharge employees or issue an executive order affecting the conditions of employment, and railway crews and bus operators,2 and casual laborers. We will, therefore, exclude from the appropriate unit all officials of the Company, railway employees and bus operators, and managers and foremen in whose position inheres the right to employ or dis- charge employees or issue an executive order affecting the conditions of employment, and casual laborers. The U. W. 0. C., the Independent, and the Brotherhood desire the inclusion within the • appropriate unit of "temporary" employees within the classification herein included within the appropriate unit, who have-worked a total of 350 hours or more from January 1, 1939, to July 15, 1939. The Company makes no objection. We will there- 'See Matter of Tennessee Electric Power Company and International Brotherhood of Electrical Workers, 7 N. L. R. B. 24. ' All the unions are agreed as to the exclusion of : executives, district managers , district superintendent, plant superintendent, Commercial manager, Service manager, Distributive Engineer, Engineer in General, Engineer (general construction department), Chief Engineer, District Engineer, chief gas maker, attendant, streetlight employees, Service of street lights, line and service department (bill deliverer), Sigourney, (only w. G. Shafer). We shall, therefore, exclude these employees from the appropriate unit. All the unions are agreed as to the inclusion, except where under Bus Garage department at Ottumwa or at Burlington, of: electrician, electrician's helper, assistant electrician, lineman, lineman's helper, line helper, tree trimming, groundman, groundman and lineman, truck driver, truck driver and lineman, heat maintenance, college heating, mechanic, ma- chinist, machinists' helper, coal handler, maintenance men, repairman, substation operator, engineer and maintenance work, engineer (except in general construction department), oper- ating engineer, assistant engineer, carpenter, fireman, fireman's helper, second fireman, head fireman, laborer, helper (including helper-bus barn, meter department, Centerville), helper in shop, metier reader, meter reader and repairman, meter reader helper, meter reader and storekeeper, meterman, meter -repairman, meter reader and electrician, meter reader and serviceman, c'rderman, garage mechanic (except in bus garage at Burlington and Ottumwa), gas ms .ker, gas maintenance, gas service man, gas maker's helper, gas maker and meter reader, coal helper, pipe fitter, serviceman, service and wireman. We shall, therefore, include these employees within the appropriate unit. IOWA SOUTHERN UTILITIES COMPANY 587 fore include employees, within the classifications herein included within the appropriate unit, who have worked a total of 350 hours or more from January 1 to July 15, 1939, within the appropriate unit. The classifications and individuals in dispute are : 1. Clerical and Ogee Employees: The U. W. O. C. and the Brother- hood desire their exclusion ; the Independent desires them included within the unit. In accordance with our usual rule, for the reason that the nature of the work performed by these employees, and the character of their duties and training, distinguish them from the production and maintenance employees of the Company, we will ex- clude clerical and office workers from the appropriate unit. 2. Local Managers: The U. W. O. C. and the Brotherhood desire their exclusion ; the Independent desires some of them included with- in the unit. Most managers are excluded by the agreement. There is evidence that some of the managers do manual and repair work, but there is also evidence that they are the representatives of the Company in contact with the public in their localities, that they do clerical work, can hire and discharge casual labor, and supervise the work of employees under them. We see, in the light of the foregoing, no sufficient reason why they should be included, and therefore will exclude all local managers from the appropriate unit. 3. Collectors: The U. W. O. C., and the Brotherhood desire their exclusion from the unit on the ground that they are clerical workers; the Independent desires the inclusion of those who are full-time col- lectors. In view of the desires of two of the contesting unions, and the fact that the duties of collectors are in part, at least, clerical, we will exclude all collectors, including the combined meter reader and collector at Osceola, from the appropriate unit. 4. District Accountants: J1l three unions are in agreement in their desire to exclude district accountants from the appropriate unit, ex- cept that the Independent desires the inclusion of three district ac- countants. The record shows that district accountants do clerical work, some sales work and no outside' or manual labor. We' will, therefore, exclude all district accountants from the appropriate unit. 5. Superintenlents: All three unions are in agreement in their desire to exclude superintendents from the appropriate unit, except that the Independent and the Brotherhood desire the inclusion of two : the superintendent of the meter and service department, Ot- tumwa, and the superintendent of the steam-heat department, Ot- tumwa. There is an absence of any evidence on the number of em- ployees working under these men, or the nature of the supervisory powers exercised by these superintendents. We will, therefore, ex- clude all superintendents from the appropriate unit. 6. Foremen: All three unions are in agreement in their desire to exclude those foremen in whose position inheres the right to hire and 588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD discharge or issue an executive order affecting conditions of em- ployment. There is sharp dispute, however, over "working" fore- men. The Independent and the Brotherhood wish them included in, the U. W. O. C. desires them excluded from, the appropriate unit. An official of the Company testified that a "working" foreman is the head of a department, or "gang," with approximately five men work- ing under him, to whom he gives orders as to their duties which he has received from the manager above him. These. foremen work with the men, but also make reports on the work of the men to their immediate supervisors. They have no right to issue executive orders affecting employment, but they have the right' to hire casual labor in emergencies. The U. W. O. C. desires them excluded because their work is of a supervisory character. The Brotherhood and the Inde- pendent claim that, although vested with certain responsibilities, the interests of these foremen are more closely allied to the men working under them than to the management. The record discloses that these "working" foremen have some duties of -a supervisory nature, as above noted. This fact, in conjunction with the desire of one contesting union, and the absence, hitherto, of collective bargaining within the operations of the Company, leads us to exclude all foremen. 7. Storekeepers: All three unions are in agreement in their desire to include storekeepers in the appropriate unit, except that the U. W. O. C. wishes to exclude the storekeeper of the meter and service department, Centerville. There is evidence that his duties vary somewhat from other storekeepers in that material is stored in Cen- terville and shipped to various districts. However, the evidence discloses no other particular which distinguishes his work from the other storekeepers, on whose inclusion all the unions agree; hence, no reason appears why he should not be included. We shall, therefore, include all storekeepers within the appropriate unit. 8. Bus Garage Employees at Ottumwa and Burlington: With the exception of the bus-garage janitor at Burlington, the U. W. O. C. and the Brotherhood desire the exclusion of all bus-garage employees at Ottumwa and Burlington. The Independent wishes the inclusion of all but the janitor. The Brotherhood wishes the janitor excluded; the U. W. O. C. wishes him included. The U. W. O. C. and the Brotherhood claim that the bus-garage employees properly belong in a unit with the bus operators, with whom the Company has two contracts.3 The Independent feels that these men should not be deprived of representation at present. The nature of the duties of the bus-garage employees, their separateness 8 These contracts do not include bus-garage employees. IOWA SOUTHERN UTILITIES COMPANY 589 from the production and maintenance employees in the other enter- prises of the Company, and the fact that the Company regards its bus-transportation system as distinct from its power system, as evi- denced by the existence of separate contracts with bus operators, im- presses us with the mutuality of interest between the bus-garage em- ployees and the bus operators, and conversely, of their separateness from the production and maintenance employees of the Company's power and gas system. We shall, therefore, exclude all bus-garage employees from the appropriate unit. There is evidence that the janitor of the bus garage at Burlington has the duties of a fireman. This, however, in no way affects the reasons set forth for the exclusion of the other bus-garage employees, We shall, therefore, also exclude the janitor from the appropriate unit. 9. Janitors: All three unions are in agreement, in their desire to include within the appropriate unit full-time janitors in the meter and service departments, and in the exclusion of part-time janitresses. There is evidence that the full-time janitors spend some time at meter and service work. We shall, therefore, include all full-time janitors. in the meter and service departments, within the appropriate unit,, and exclude therefrom part-time janitresses. The unions are in dispute as to the office janitor at Creston. The U. W. 0. C. and the Brotherhood desire him excluded from, the Independent included in, the appropriate unit. There is an absence of any evidence showing why his duties should exclude him from the appropriate unit. We shall, therefore, include the office janitor at Creston within the appropriate unit. 10. Individual Disputes: (a) Material and stock clerk, office, Centerville : The U. W. 0. C_ and the Brotherhood desire his exclusion; the Independent his inclu- sion. The record shows that he is "strictly a clerical worker." We shall, therefore, exclude the material and stock clerk, office, Center- ville, from the appropriate unit. (b) Head electrician, new business and merchandise department,, Washington : the record discloses that he "heads up the repair shop" at Washington. As a supervisory employee, we shall, therefore,, exclude the head electrician, new business and merchandise depart- ment, Washington, from the appropriate unit. (c) Helper at Lorimer: the record discloses that there are two men in the electrical department at Lorimer, with a variety of duties. There is no evidence indicating why the U. W. 0. C. desires his exclusion. We shall, therefore, include the helper at Lorimer within the appropriate unit. 590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (d) Laborer, gas-distribution . department, Burlington-F. L: Fehseke : there is evidence that he repairs mains and gas service on the street. The only contrary evidence is the statement by a wit- ness for the U. W. O. C. that he has supervisory authority; this witness did not know that Fehseke was listed as a laborer , nor did he know the nature of the alleged supervisory duties of Fehseke. We shall, therefore , include F. L. Fehseke , laborer, gas-distribution department, Burlington, within the appropriate unit. (e) Serviceman , Morning Sun-E. J. Rasmus: the record is barren on_E. J . Rasmus. There being no evidence why a serviceman should not be included, we shall, therefore, include the serviceman, Morn- ing Sun, within the appropriate unit. We find that the production and maintenance employees of the Company throughout its system, including temporary employees who have worked a total of 350 hours or more from January 1, 1939, to July 15, 1939, and excluding casual labor, officials, supervisory employees, clerical and office workers, managers , local managers, col- lectors, the meter reader and collector , Osceola (L. L. Linder), all foremen, all bus-garage employees at Burlington and Ottumwa, rail- way-department employees , district accountants, all superintendents, part-time janitresses, chief engineers, engineers in the general con- struction department , engineer in general, chief engineer, district engineers, chief gas makers, distributive engineers , attendant, street- light employees, servicers of street lights, head electrician of the new business and merchandise department at Washington , line and service department employee at Sigourney (W. G. Shafer), material and stock clerk in the office at Centerville , and temporary employees who worked less than 350 hours from January 1, 1939, to July 15, 1939, constitute a unit appropriate for purposes of collective bar- gaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF 0 REPRESENTATIVES The U. W. O. C. submitted proof, by testimony , of 27 members out of approximately 36 within the classifications of the appropriate unit herein found , in the Burlington district of the Company. It claims a substantial number of employees throughout the system. The Independent claims 324 members throughout the system, but has submitted no proof of this claim . The Company employs approxi- mately 700 men of whom approximately 295 are within the classifi- cations of the appropriate unit herein found. The Brotherhood claims a. substantial number of members throughout the system. In view of the doubts and uncertainty surrounding the conflicting IOWA SOUTHERN UTILITIES COMPANY 591 claims of the rival labor organizations, we find that the question which has arisen concerning representation of employees of the Com- pany can best be resolved by holding an election by secret ballot. The Independent and the Brotherhood agreed in the use of the pay roll for July 15, 1939, for the determination of eligibility of employees to vote in the election. The U. W. O: C. took no position. The parties refrained from putting in evidence upon which the Board could properly determine the eligibility of "temporary" em- ployees as of a later date; the record shows that fluctuation in employment was not expected "within the next few months." Ac- cordingly, we find that those eligible to vote in the election shall be the employees, in the unit herein 'found appropriate, on 'the Com- pany's pay roll of 'July 15, 1939, including * those employees who were ill or on vacation. Those who have since quit or have been discharged for cause shall be excluded. Upon the basis of the above findings of fact and upon the entire record in this case, the Board makes the " following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Iowa Southern Utilities Company, Center- ville, Iowa, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The production and maintenance employees of the Company throughout its system, including temporary employees who have worked a total of 350 hours or more from January 1, 1939, to July 15, 1939, and excluding casual labor, officials, supervisory employees, clerical and office workers, managers, local managers, collectors, the combined meter reader and collector at Osceola (L. L. Linder), all foremen, all bus-garage employees at Burlington and Ottumwa, rail- way-department employees, district accountants, all superintendents, part-time janitresses, chief engineers, engineers in the general con- struction department, engineer in general, district engineers, chief gas makers, distributive engineers, attendant, streetlight employees, servicers of, street lights, head electrician of the new business and merchandise department at Washington, line and service department employee at Sigourney (W. G. Shafer), material and stock clerk in the office at Centerville, and temporary employees who worked less than 350 hours from January 1, 1939, to July 15, 1939, constitute a unit appropriate for purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. No question concerning the representation of employees of the Iowa Southern Utilities Company, Centerville, Iowa, within the unit claimed to be appropriate by Utility Workers Organizing Com- 592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mittee, Local .109, affiliated with the Congress of Industrial Organi- zations, exists within the meaning of Section 9 (c) of the National Labor Relations Act. DIRECTION OF ELECTION AND ORDER By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as * part of the investigation ordered by the Board to ascertain representatives for the purposes of collec- tive bargaining with Iowa Southern Utilities Company, Center- ville, Iowa, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction of Election under- the direction and supervision of the Regional Director for the Eighteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the production and maintenance employees of the Company throughout its system, including tem- porary employees who have worked a total of 350 hours or more from. January 1, 1939, to July 15, 1939, whose names appear on the Company's pay roll of July 15, 1939, including those employees who,. were ill or on vacation, but excluding casual labor, official, super- visory employees, clerical and office workers, managers, local man- agers, collectors, the combined meter. reader and collector at Osceola (L. L. Linder), all foremen, all bus-garage employees at Burling- ton and Ottumwa, railway-department employees, district account- ants, all superintendents, part-time janitresses, chief engineers, engineers in general -construction department, engineer in general, district engineers, chief gas makers, distributive engineers, attendant, streetlight employees, servicers of street lights, head electrician of the new business and merchandise department at Washington, line and service department employee at Sigourney (W. 'G. Shafer), material and stock clerk in the office at Centerville, and temporary employees who worked less than 350 hours from January 1, 1939, to July 15, 1939, and all employees who have since quit or been discharged for cause, to determine whether they desire to be repre- sented by the Utility Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, the Union of Employees of the Iowa Southern Utilities Company, the Independent Brother- hood of Electrical Workers, Local 347, affiliated with the American Federation of Labor, or by none of them. IOWA SOUTHERN UTILITIES COMPANY 593 IT Is HEREBY ORDERED that the petition for investigation and cer- tification of representatives of employees of the Iowa Southern Utilities Company, Centerville, Iowa, filed by Utility Workers Or- ganizing Committee, Local 109, affiliated with the Congress of Indus- trial Organizations, be, and it hereby is, dismissed without prejudice. MR. WILLIAM M. LEisERsoN, concurring : Although I do not agree with the reasons given for this decision, I concur in the result reached. I dissent particularly from the statement that if it appears as a result of the election that organization has not proceeded sufficiently throughout, the system we will then consider de n,ovo the appropriate- ness of the district unit. Having settled the dispute by a finding that a district unit is not appropriate and that a system-wide unit is appropriate, I do not think it proper to rule that we will further consider the appropriateness of the district unit after the election has been held.