Tennessee Electric Power Co.

In the Matter of TENNESSEE ELECTRIC POWER COMPANY and INTER- NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS Case No. C-1147.-Decided January '8, 1940 Electric, Motorbus, Street Railway , Telephone, and Water Utility Industry- Settlement : stipulation providing for compliance with the Act, including back pay-Order: entered on stipulation. Mr. Alexander E. Wilson, for the Board. Mr. John R. Aust, of Nashville, Tenn., and Mr. Silas Williams, of Chattanooga, Tenn., for the respondent. Mr. Frederick R. Levinstone, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International Brotherhood of Electrical Workers, herein called the Union, the National Labor Relations Board, herein called the Board, by Charles N. Feidelson, Regional Director for the Tenth Region (Atlanta, Georgia), issued a complaint dated October 25, 1938,. against Tennessee' Electric Power Company, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. With respect to the unfair labor practices the complaint alleged in substance, (1) that during the period from January 1 to October 25, 1938, the respondent, through its officers and agents in its Nash- ville district, urged, persuaded, and warned its employees in the said Nashville district to refrain from becoming and remaining members of the Union; threatened said employees with discharge and other reprisals if they became or remained members thereof; and kept under surveillance the meetings and meeting places of union members em- ployed at said Nashville district; (2) that during the, period from March 14 through June 18, 1938, the respondent' discharged 13 of its 19 N. L. R. B., No. 21. 154 TENNESSEE ELECTRIC POWER CO. 155 employees 1 because they joined and assisted the Union, thereby dis- criminating in regard to their hire and tenure of employment and discouraging membership in the Union; and (3) that by these and other acts the respondent interfered with, restrained, and coerced its employees in the exercise of rights guaranteed in Section 7 of the Act. On October 31, 1938, the respondent filed its answer admitting certain allegations of the complaint but denying the allegations of unfair labor practices. Pursuant to notice a hearing was held at Nashville, Tennessee, from November 7 through 10, 1938, before J. J. Fitzpatrick, the Trial Examiner duly designated by the Board. The Board and the re- spondent were represented by counsel and participated in the hearing. 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 hearing, the Trial Examiner granted the motion of counsel for the Board to strike from the com- plaint all reference that H. C. Kirk was discharged because he joined and assisted the Union. The Trial Examiner made several rulings on other motions and on objections to the admission of evidence. On January 23, 1939, the Trial Examiner filed an Intermediate Report in which he found that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the Act and recommending that the respondent cease and desist therefrom and take certain specified affirmative action. Thereafter the respond- ent filed exceptions to the Intermediate Report and a brief in support thereof. On December 5, 1939, the respondent and an attorney representing the Board entered into a stipulation for the purpose of settling the case subject to approval by the Board. This stipulation reads as follows : Charges having been filed with the Regional Director for the Tenth Region of the National Labor Relations Board (herein- after referred to as the Board) by the International Brother- hood of Electrical Workers alleging that the Tennessee Electric Power Company has been guilty of unfair labor practices within the meaning of Section 8 (1) and (3) of the National Labor Relations Act, the complaint having been issued and a hearing held before a duly designated Trial Examiner for the Board, and the Trial Examiner having issued and served his Inter- mediate Report dated January 23, 1939, and it being the desire 1 The names of these employees are : I . D. Kirklin , L. C. Gammon, L. D. McCoy, Howard D. Gregory, O. E. Hassler, James F. Welck, H. 0 . Kirk, E. J. Thomas, J . D. Moss, R. H. Reed, J. S. Jamison , S. J. Mattson, and L. D. Wills. 156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the parties to dispose of the matters involved by mutual agreement, IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto: (1) Respondent admits that during the period covered by the matters involved in this proceeding, it was engaged in Interstate Commerce within the meaning of Sections 2 (6) and (7) of the National Labor Relations Act and that the Board may from the complaint, answer, Intermediate Report, and the entire record in the case make findings of fact concerning respondent's business. (2) That the International Brotherhood of Electrical Work- ers, affiliated with the A. F. of L., is a labor organization ad- mitting to its membership all electrical workers of respondent, including ground men, truck drivers of line crews and helpers. (3) That the Board upon the basis of this stipulation may enter the following Order : ORDER Upon the basis of the above stipulation, the National Labor Relations Board hereby orders that the respondent, Tennessee Electric Power Company, and its officers, agents, successors and assigns, shall: 1. Cease and desist from : (a) Discouraging membership in the International Brother- hood of Electrical Workers, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment, or any terms or conditions of their employment. (b) In any other manner interfering with, restraining and coercing its employees in the exercise of the right to self-organi- zation, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargain- ing or other mutual aid or protection, as guaranteed in'Section 7 of the National Labor Relations Act. 2. Take the following affirmative action : (a) Make whole James F. Welck and L. V. McCoy for any losses of pay they may have suffered by reason of respondent's discriminatory action, by paying over to the Regional Director of the Board for the Tenth Region the sum of Twelve Hundred Dollars ($1200), to be distributed by him to the said employees according to their proportionate losses in pay. TENNESSEE ELECTRIC POWER CO. 157 (b) Notify the Regional Director for the Tenth Region in writing within ten (10 ) days from the date of this Order what steps the respondent has taken to comply herewith. It is further ordered that the complaint be and it hereby is dismissed insofar as it alleges that the respondent has engaged in unfair labor practices within the meaning of Section 8 (3) of the Act with respect to I. D. Kirklin, L. C. Gammon, Howard D. Gregory, O. E. Hassler, E. J. Thomas, J. D. Moss, R. H. Reed, J. S. Jamison , S. J. Mattson, and L. D. Wills. (4) That the Board shall file in the United States Circuit Court of Appeals for the Sixth Circuit a petition for the enforcement of the said Order of the Board, and do all other acts necessary to enable the said Court to assume jurisdiction over the respondent and over the subject matter of the said controversy. (5) Upon the vesting of jurisdiction in the United States Circuit Court of Appeals for the Sixth Circuit, that the parties hereto shall cause to be filed with the Court the form of consent decree this day entered into between the parties hereto. (6) That the execution of this stipulation and said consent decree by the parties hereto shall conclude all matters arising in this proceeding, but shall not preclude the taking of any steps necessary to procure the entry of the said consent decree in the United States Circuit Court of Appeals for the Sixth Circuit. (7) It is understood and agreed that the entire agreement is contained within the terms of this stipulation and said consent, decree and that there is no verbal agreement of any kind which varies, alters or adds to this stipulation. (8) It is further understood and agreed that this stipulation is subject to the approval of the Board and shall become effective immediately upon the granting of such approval. On December 13, 1939, the Board issued an order approving the above stipulation and making it part of the record in this proceeding. Upon- the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT Tennessee Electric Power Company, a Maryland corporation, is engaged in the business of owning and operating a public-utility system covering a substantial portion of the State of Tennessee and a small contiguous area in the State of Georgia. Power is developed at a number of plants or stations in Tennessee and one large hydro- electric station in Georgia. All the stations are connected by a net- work of 1600 miles of high-tension wires. The lines pass through 158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 92 substations and have direct connecting tie-ins with power stations operated by other utility companies operating in Alabama, Kentucky, North Carolina, and Georgia. These connections permit the purchase and sale of electricity under reciprocal contracts, an exchange of energy when necessary to attain a mutually economical flow, assist- ance in the event of stoppages, and other benefits. In 1937 the re- spondent purchased 7 per cent of its load, or 70 million kilowatt hours, from power companies in Alabama, Georgia, and Kentucky ; and delivered about 8 per cent of its current outside Tennessee. Among the customers of the respondent, purchasing electricity within the territory covered by the system, consisting of a substantial part of the State of Tennessee and a small contiguous part of Georgia, are the Western Union Telegraph Company, the Postal Telegraph Company, United States Post Offices, Southern Bell Telephone Com- pany, two radio stations in Chattanooga and one in Nashville, various airports and the radio beacons maintained for the use of interstate airlines. The respondent owns and operates, as incident to its power business, street-railway and motor-bus systems in Chattanooga and Nashville, Tennessee, a motorbus line from Chattanooga to Ft. Ogel- thorpe, Georgia; water plants and distribution systems in 10 Ten- nessee towns and at Blue Ridge, Georgia; ice-manufacturing plants in 7 towns in Tennessee; 2 hotels, a small telephone system in Blue Ridge, Georgia, and a number of retail stores in Tennessee and Georgia. The respondent admits that it is engaged in interstate com- merce within the meaning of Section 2 (6) and (7) of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. H. THE ORGANIZATION INVOLVED International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor, is a labor organization admitting to its membership all electrical workers of the respondent including ground men, truck drivers, of line crews and helpers. ORDER Upon the basis of the above findings of fact, stipulation, and the entire record in the case and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Tennessee Electric Power Company, its officers, agents, successors and assigns shall: 1. Cease and desist from : (a) Discouraging membership in the International Brotherhood of Electrical Workers, or any other labor organization, of its employees, TENNESSEE ELECTRIC POWER CO. 159 by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire or tenure of em- ployment, or any terms or conditions of their employment; (b) In any other manner interfering with, restraining, and coercing its employees in the exercise of the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through rep- resentatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or pro- tection, as guaranteed in Section 7 of the National Labor relations Act. 2. Take the following affirmative action which will effectuate the policies of the Act : (a) Make whole James F. Welck and L. V. McCoy for any losses of pay they may have suffered by reason of the respondent's discrim- inatory action, by paying over to the Regional Director of the Board for the Tenth Region the sum of Twelve Hundred Dollars ($1200) to be distributed by him to the said employees according to their pro- portionate losses in pay; (b) Notify the Regional Director for the Tenth Region in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. IT Is FURTHER ORDERED that the complaint be, and it hereby is, dis- missed in so far as it alleges that the respondent has engaged in unfair labor practices within the meaning of Section 8 (3) of the Act with respect to I. D. Kirklin, L. C. Gammon, Howard D. Gregory, O. E. Hassler, E. J. Thomas, J. D. Moss, R. H. Reed, J. S. Jamison, S. J. Mattson, and L. D. Wills.