Southern Indiana Gas and Electric Co.

in the Matter of SOUTHERN INDIANA GAS AND. ELECTRIC Co1II'ANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL. No. 702, AFFILIATED WITH THE A. F. OF L.. Case No. C-i59..-Decided June 18. 1940 Gas and Electric Utility Industry-Settlcwent : stipulation providing for com- pliance with the Act, including withdrawal of recognition from inside union- Order: entered on stipulation. Mr. Arthur R. Donovan, for the Board. Mr. Edmund F. Ortmeyer, of Evansville, Ind., for the respondent. Mr. Harry M. Curzon, of Decatur. Ill., for the I. B. E. W. Mr. Paul H. Schmidt, of Evansville, Ind., for the Association. Mr. Woodrow J. Sandler, 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, Local No. 702, affiliated with the A. F. of L., herein called the I. B. E. W., the National Labor Rela- tions Board, herein called the Board, by the Regional Director for the Eleventh Region (Indianapolis, Indiana.), issued its complaint dated April 22, 1940, against Southern Indiana Gas and Electric Company, Evansville, Indiana, 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 (2) and Section 2 (6) and (7) of the National Labor Re- lations Act, 49 Stat. 449, herein called the Act. Copies of the com- plaint and notices of hearing thereon were duly served upon the respondent, the I. B. E. W., and Association of S. I. G. E. Employees, Inc., herein called the Association, a labor organization allegedly dominated, interfered with, and supported by the respondent. Concerning the unfair labor practices,. the complaint alleged, in substance, that the respondent (1) early in 1935 initiated, formed, 24 N. L. R. B., No. 87. 820 SOUTHERN INDIANA GAS & ELECTRIC COMPANY 821 and sponsored a labor organization or plan known as Associated Employees of Southern Indiana Gas and Electric Company , herein called the Associated , and dominated, contributed to the support of, and interfered with the administration of the Associated until March 21,1939; ( 2) on or about March 21, 1939 , without notice to its employees, dissolved the Associated ; ( 3) on or about March 16, 1939, initiated , formed, and sponsored the Association , and domi- nated, contributed to the support of, and interfered with the admin- istration of the Association ; and (4) by the above-mentioned activ- ities, by urging, persuading, and warning its employees to refrain from becoming or remaining members of the I . B. E. W., by threat- ening its employees with discharge and other reprisals if they be- came or remained members of the I. B. E. W. and if they did not become members of the Associated, by soliciting employees to be- come members of the Associated , by according privileges to mem- bers .of the Associated and the Association and denying the same privileges to members of the I . B. E. W., and by other acts , interfered with, restrained , and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. . On May 11, 1940, counsel for the Board, the respondent, the I. B. E. W., and the Association entered into a stipulation in, •settle- ment of the case. The stipulation provides as follows : STIPULATION It is hereby stipulated and agreed by and between the South- ern Indiana Gas and Electric Company, herein called the RE- SPONDENT, The International Brotherhood of Electrical Workers, Local No. 702, Affiliated with the A. F. of L., herein called the I. B. E. W., the Association of S. I. G. E. Employees, Inc., herein.'called the ASSOCIATION , and Arthur R. Donovan , Regional Attorney for the Eleventh Region of the National Labor Rela- tions Board, as follows : I Respondent is and has been since June 10, - 1912, a corporation duly organized under and existing by virtue of the laws of the State of Indiana, having its principal office and place of busi- ness in the City of Evansville , County of Vanderburgh, State of Indiana, and is now and has been continuously engaged at a place of business in the City of Evansville, County of Vander- burgh, State of- Indiana , hereinafter called the Evansville Plant, in the manufacture ; sale, and distribution 'of electricity, artificial and natural gas, steam and hot- ;water heating, water,; and motor bus operations., 283035-42-vol. 24-52 822 DECISIONS- OF NATIONAL LABOR RELATIONS BOARD Respondent in the course and conduct of its business causes and has continuously caused a portion of electrical appliances; commercial equipment, pipes, poles, power generator equipment; coal. and other essential- materials used in the production and transmission of electricity, steam and gas, and in the operation of its motor bus operations, to be purchased, delivered and transported in interstate commerce from and. through the States of the United States other than the State of Indiana to, its Evansville Plant. II Respondent sells electricity -to Chicago and Eastern- Illinois Railroad Company, Illinois Central Railroad Company, Evans= ville and Ohio Valley Railway Company, and other interstate railroad carriers, which electricity is used by said' interstate railroad carriers to operate their trains and/or to operate facili- ties necessary to the operation of their interstate transportation system in interstate commerce. Respondent sells electricity and heat to the United States Post Office located in the City of Evansville, and other Federal, State, and Municipal authorities for the operation of airports, bridges, river transportation, signals, tunnels and highways, which act as arteries for the flow of interstate commerce to and from the State of Indiana. Respondent sells electricity to commercial - radio stations WGBF and WEOA in the City of Evansville, operating-on a frequency of 630 and 1370 kilocycles, respectively, under -and by virtue of licenses granted by the Federal Communications Commission. Respondent is the sole supplier of electric current in the City of Evansville and sells electricity,to Chrysler Corporation, Briggs Indiana Corporation, Swift Packing Company, Serve], Inc., Sunbeam Electric Company; H. Fendrich, Inc., Mead Johnson Company, and other corporations,-partnerships, and individuals having their offices and plants located in the City of Evansville, which are engaged in and constitute instrumentalities of inter- state commerce, within the meaning of Section 2, subdivisions (6) and (7) of the National Labor Relations Act.. III Respondent is the sole supplier of electrical current to the Western Union Telegraph Company, Postal Telegraph Com-, pany, and the ' Indiana Bell Telephone Company, - located in SOUTHERN INDIANA GAS & ELECTRIC COMPANY 82,3 Evansville, Indiana, which companies produce or transmit, from and through Evansville, Indiana, telephonic and telegraphic 'communications as an integral part of communications between . Evansville, Indiana, and other States of the. United States, and foreign countries. IV Respondent, the I. B. E. W., and the Association hereby waive their right to a hearing in this case, and all parties expressly agree that this stipulation, the complaint with notice of hearing, amended charge, and National Labor Relations Board Rules, and Regulations, Series 2, as amended, issued in this matter and duly served on the respondent, the I.' B. E. W., and the Asso- ciation may be introduced in the record in this proceeding by filing with the Chief Trial Examiner' of the National Labor Relations Board at Washington, D. C. V Respondent, the I. B. E. W., and.the Association hereby ac= knowledge 'due service of the complaint and notice of hearing upon the complaint and expressly waive any right or privilege which they may have for ten (10) days notice of hearing : and to the holding of a hearing in this case,' and agree that The National Labor Relations Board may make special findings of fact and conclusions of law in this action or proceeding relative to the jurisdiction of said board over the respondent as to its status in interstate commerce, without waiving or prejudicing in any manner the rights of the respondent to challenge the jurisdiction of said board at any future time in this or in any other or future action or proceeding and with the understanding that such consent shall not be used or construed as an admission or precedent in any other or future action, controversy or proceeding. , VI The Associated Employees of Southern Indiana Gas and Elec- trict Company was organized early in the year of, 1935 for the purpose of discussing grievances , labor disputes, and conditions of employment. On or about March 21, . 1939, the Associated Employees of -Southern Indiana Gas and Electric .Company, was dissolved and since that time has ceased ' to exist or to be re'cog- nized in any manner, by the respondent. 824 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VII The I. B. E.. W., and the Association are each labor -organiza- tions within the meaning of Section 2 (5) of the National Labor Relations Act. VIII The I. B. E. W. has filed an amended charge on June 12, 1939, with the National Labor, Relations Board against the Respondent, and the Regional Director issued a complaint on April 26, 1940, claiming that Respondent has dominated, con- tributed support to, and interfered with the administration of the Association and has interfered with the 'formation or ad- ministration of other labor organizations of its employees, which charges the respondent and Association separately and severally deny. The I. B. E. W. has also filed charges with the National Labor Relations Board against the Respondent, and the Re- gional Director issued a complaint on April 26, 1940, claiming, that Respondent has interfered with, restrained or coerced its employees in the exercise of the right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in con- certed activities, for the purpose of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the Act, which charges the Respondent expressly denies. In an effort to affect a settlement and compromise of said amended charge, the complaint herein and this stipulation and for the purpose of promoting labor peace, the Respondent ex- pressly consents to the issuance by the National Labor Relations Board' of an Order to the following effect : ORDER Pursuant to a Stipulation, among the parties herein, the National Labor Relations Board hereby orders that the Southern Indiana Gas and Electric Company, its officers, agents, succes- sors; and assigns shall: (1) Not: (a) Dominate or interfere with the administration of the Association of S. I. G. E. Employees, Inc., or the formation or administration of any other labor organization of its em- ployees' or contribute support to the Association of S. I. G. E. Employees,' Inc., or to any other labor organization of its em- ployees; - SOUTHERN -INDIANA GAS & ELECTRIC COMPANY 825 (b) In any manner, interfere with, restrain or coerce its em- ployees in the exercise of their rights to self-organization, to form, join or assist labor organiiatioris, to bargain collectively through representatives of their own choosing; and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection, as guaranteed irk Section 7 of the National Labor Relations Act. (2) Take the following affirmative action in order to effectu- ate the policies of the National Labor Relations Act: (a) Withdraw all recognition from Association of S. I. G. E. Employees, Inc., as a representative of any of its employees for the purposes of dealing with the company concerning griev- ances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment. (b) Post immediately notices in conspicuous places through- out its plant and maintain such notices for a period of thirty (30) consecutive days, stating that the respondent will not en- gaffe in any of the acts or practices set forth in paragraph 1 (a) and (b) of this Order, and that it will take the affirmative action set, forth in paragraph 2 (a) and (b) of. this order. (c) Notify the Regional Director for the Eleventh. Region of the National Labor- Relations Board within a period of ten (10) days after the,entry of this Order what steps have been taken to comply with said Order. IX Respondent hereby consents to the entry by the United States Circuit Court of Appeals, Seventh Circuit, upon application by the National Labor Relations Board, of a- decree enforcing an Order of the Board, in the same form as herein set forth in para- graph VIII above, and-hereby waives further notice of the appli- cation for such decree. The I. B. E. W. and the Association expressly waive any right or privilege to contest the entry of this decree by the United States Circuit Court of Appeals, Seventh Circuit, and hereby waive further notice of application for entry thereof. . X Wherever the facts, spelling'of names, titles or, other material and documents in the record of the proceedings, herein shall ap-. pear inconsistent with the names, titles or other material set out and made,part of this stipulation, the spelling of names, titles and other material, in this Stipulation shall be considered correct. 826 DECISIOINTS OF I;TATIONTAL- LABOR' RELATIONS BOARD -XI This Stipulation shall be subject. in all respects to the approval of the National Labor Relations Board, and shall become effective immediately upon approval by the Board. If this Stipulation is not approved by the Board, it shall be of no force and effect and shall ' not be used as ,evidence against the parties hereto in any subsequent proceeding herein.. XII The entire agreement between all parties' hereto is contained within the terms of this Stipulation, and there, is no verbal agreement of any kind which varies, alters, or adds to said Stipulation in any respect. -- On May 28, 1940, the Board issued its order approving the above stipulation, making it a part of the record, and, pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regu- lations-Series 2, as amended, transferring the proceeding to and continuing it before the Board for the purpose of entry of a.decision and order by the Board" pursuant to the provision's of the said stipulation. Upon the basis of the above stipulation and the entire record in 'the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT Southern Indiana Gas and Electric Company, the respondent, is an Indiana corporation having its principal office and_ place of busi- ness in Evansville, Indiana, and-is engaged in the manufacture, sale, and distribution of electricity, artificial and natural gas, steam and hot water heating, water, and motor bus operations.. The respondent in the course and conduct of its business causes and ,has continuously caused a portion of electrical appliances, commer- cial equipment, pipes, poles, power generator equipment, coal, and other essential materials used in the production and transmission of electricity, steam and gas, and in the operation of its motor bus operations, to be purchased, delivered, and transported in interstate commerce from and through. the States of the United States other than the State of Indiana to its Evansville plant. The respondent sells electricity to Chicago and Eastern Illinois, -Railroad Company, Illinois Central Railroad Company, Evansville and Ohio Valley Railway Company, and other interstate railroad carriers, which electricity is used by said interstate railroad carriers SOUTHERN INDIANA GAS & ELECTRIC COMPANY. 827 to operate their trains and/or to operate facilities necessary to the operation of their interstate transportation system in interstate commerce. ' The respondent sells electricity and heat to the United States Post Office located in the city of Evansville, and other Federal, State, and municipal authorities for the operation of airports, bridges, river transportation, signals, tunnels, and highways, %which act as arteries for the flow of interstate commerce to and from the State of Indiana. The respondent sells electricity ' to commercial radio stations WGBF and WEOA in the city of Evansville, operating on a fre- quency of 630 and 1370 kilocycles, respectively, under and by virtue- of licenses granted by the Federal Communications Commission. ' The respondent is, the sole supplier of electrical current in the city. of Evansville ' and sells electricity to Chrysler Corporation, Briggs Indiana Corporation, ' Swift Packing Company, Servel; Inc., 'Sunbeam Electric Company, H. Fendrich, Inc., Mead Johnson Com- pany, and other corporations, partnerships, and individuals having their 'offices and plants located in the city of Evansville, which are engaged in and constitute instrumentalities of interstate commerce. The respondent' is the sole supplier of electrical current to the Western Union Telegraph Company,. Postal : Telegraph Company, and the Indiana Bell Telephone Company, located in Evansville, Indiana, which companies produce or transmit, from and through Evansville, Indiana, telephonic and telegraphic communications as an integral part of communications between Evansville, Indiana, and other States of the United States and foreign countries. We find that the above-described operations of the respondent con- stitute a continuous flow of trade, traffic, and commerce and have a close, intimate, and substantial relation to and effect upon trade, traffic, commerce, transportation, . and communication among the several States. ORDER Upon the basis of the above findings of fact, stipulation, and the en- tire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Southern Indiana Gas and Electric Company, Evansville, Indiana, its officers, agents, successors, and assigns shall: 1. Not : (a) Dominate or interfere with the administration of the Associ- ation of S. I. G. E. Employees, Inc., or the formation or administra- tion of any other labor organization of its employees or contribute 828 DECISIONS. OF NATIONAL LABOR RELATIONS BOARD support to the Association of S: I. G. E. Employees, Inc., or to any other labor organization of its employees; (b) In any 'manner, interfere with, restrain, or coerce its em- ployees in the exercise of their rights to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives Hof their own choosing, and to engage in concerted' activities, for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action in order to effectuate the .policies of the . National' Labor Relations Act: (a) Withdraw all recognition from Association of S. I. G. E. Em, ployees, Inc., as a representative of any of its. employees for the purposes of dealing with the company concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other con- ditions of employment; (b) Post immediately notices in conspicuous places throughout its plant and maintain such notices for a period of thirty (30) consecu- tive days, stating that the respondent will not engage in any of the acts or practices set forth in paragraph 1 (a) and (b) of this Order, and that it will take the affirmative action set. forth in paragraph 2 (a) and (b) of this order; (c). Notify'the Regional Director for the Eleventh Region of the National. Labor Relations Board within a period of -ten (10) days after the: entry of this Order what -steps have been taken to comply. with said Order.