Alabama Power Co.

In the Matter of ALABAMA POWER COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS Case No. C-117 ORDER VACATING ORDER AND SUBSTITUTING MODIFIED ORDER January 29, 1941 On December 22, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Order in this matter.' On December 13, 1940, Alabama Power Company, herein called the re- spondent, and counsel for the Board entered into the following stipulation : The National Labor Relations Board (hereinafter called the "Board") on December 22, 1939, having issued its Order in the above-entitled matter', and it being the desire of the parties to conclude all proceedings before the Board in this case, IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto : (1) That the Board, without the making of further findings of fact and conclusions of law, and without further notice to the parties, may upon the basis of the entire record in the case and this stipulation , vacate its above-mentioned Order dated December 22, 1939, and enter the following order : ORDER Upon the basis of the above findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Re- lations Act, the National Labor Relations Board hereby orders that the respondent, Alabama Power Company, Attalla, Alabama, and its officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) In any manner dominating or interfering with the admin- istration of Alabama Power Employees' Association and Inde- 18 N L R B 6.52 29 N L R. B, No 52 276 ALABAMA POWER COMPANY 277 pendent Union of Alabama Power Employees , Inc., or with the formation or administration of any other labor organization of its employees, and from contributing support to said Ala- bama Power Employees' Association or to Independent Union of Alabama Power Employees , Inc., or to any other labor organization of its employees; (b) In any other manner interfering with, restraining, or coercing its employees in the exercise of the rights to self- organization , to form, join , or assist labor organizations, to bargain collectively with representatives of their own choosing, and to engage in concerted activities , for the purposes of col- lective bargaining or other mutual aid or protection , guaranteed in Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Withdraw all recognition from Alabama Power Employees' Association as a representative of any of its employees for the purposes of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment, and completely disestablish Alabama Power 'Employees' Association as such representative; provided that the withdrawal of such recognition shall not re- quire the interruption of the relationship between the respondent and the Alabama Power Employees' Association relating to the accident and health insurance program and the hospitalization insurance program sponsored by Alabama Power Employees' Association; (b) Refrain from recognition of Independent Union of Ala- bama Power Employees , Inc., as a representative of any of its employees for the purposes of dealing with the respondent con- cerning grievances , labor disputes , wages, rates of pay, hours of employment, or other conditions of employment; (c) Immediately post notices in conspicuous places in each of its plants, office, buildings, or other buildings throughout its system, and maintain such notices for a period of 'sixty (60) consecutive days, stating that the respondent will cease and de- sist In the manner set forth in 1 (a ) and (b ), and that it will take the affirmative action set forth in 2 (a) and (b) of this Order ; (d) Notify the Regional Director for the Fifteenth Region in writing withm ten (10) days from the date of this Order what steps the restioi dent has taken to comply herewith. (2) That the respondent will in good faith comply with the above Order, and if any of its terms are not complied with, the 278 DECISIONS OF: NATIONAL LABOR RELATIONS BOARD Board may rescind its Order approving this stipulation, or take other appropriate action, including, but not limited to, vacation of the Order provided for herein and reinstatement of its Order of December 22, 1939; (3) That the posting by respondent of the notice attached hereto and expressly made a part hereof will, be considered com- pliance with paragraph 2 (c) of said order hereinabove set forth. (4) That the entire agreement is contained within the terms of this stipulation and that there is no verbal agreement of any kind which varies, alters, or adds to this stipulation. (5) That this stipulation is subject to the approval of the Board and shall become effective immediately upon the granting of such approval. On December 20, 1940, the Board approved said stipulation and ordered it made part of the record herein: Upon the basis of the above stipulation, the pleadings, and the entire record in the case, and pursuant to Section 10 (c) and (d) of the National Labor Relations Act, 49 Stat. 449, the National Labor Relations Board hereby orders that its Order issued on December 22, 1939, be, and it hereby is, vacated and further orders that a modified order be substituted therefor, to read-as follows : ORDER Upon the basis of the above findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respond- ent, Alabama Power Company, Attalla, Alabama, and its officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) In any manner dominating or interfering with the administra- tion of Alabama Power Employees' Association and Independent Union of Alabama Power Employees, Inc., or with the formation or administration of any other labor organization of its employees, and from contributing support to said Alabama Power Employees' Association or to Independent Union of Alabama Power Employees, Inc., or any other labor organization of its employees; (b) In any other manner interfering with, restraining, or coercing its employees in the exercise of the rights to self-organization, to form, join, or assist labor organizations, to bargain collectively with rep- resentatives of their own choosing, and to engage in concerted activ- ities, for the purposes of collective bargaining or other mutual aid or protection, guaranteed in Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : ALABAMA POWER COMPANY 279 ' (a) Withdraw all recognition from Alabama Power Employees' Association as a representative of any of its employees for the pur- poses of dealing with the respondent concerning grievances, labor dis- putes, wages, rates of pay, hours of employment, or other conditions of employment, and completely disestablish Alabama Power Em- ployees' Association as such representative; provided that the with- drawal of such recognition shall not require the interruption of the relationship between the respondent and the Alabama Power Em- _ ployees' Association relating to the accident and health insurance program and the hospitalization insurance program sponsored by Alabama Power Employees' Association; (b) 'Refrain from recognition of Independent' Union of Alabama Power Employees, Inc., as a representative of any of its employees for the purposes of dealing with the respondent concerning- grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; (c) Immediately post notices in conspicuous places in each of, its plants, office buildings, or other buildings throughout its system, and maintain such notices for a period of sixty (60) consecutive days, stating that the respondent will cease and desist in the manner set forth in 1 (a) and (b), and that it will take the affirmative action set forth in 2 (a) and (b) of this Order; (d) Notify the Regional Director for the Fifteenth Region in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith.