The Ohio Power Co.

In the Matter of THE Omo POWER COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (AFL) Case No. R-2715.-Decided July 24,1941 Investigation and Certification of Representatives : stipulation for Certifica- tion of Representatives upon consent election. Mr. E. T. Wagenluzls, of Steubenville, Ohio, for the Company. Mr. W. H. Wilson, of Cuyahoga Falls, Ohio, for the Union. Mr. Armin Uhler, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On June 16, 1941, International Brotherhood of Electrical Workers, affiliated with the A. F. of L., herein called the Union, filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of The Ohio Power Company, Steuben- ville Division, herein called the Company, engaged in the manufacture and distribution of electric power at Steubenville, Ohio, and request- ing an investigation and certification of, representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 28, 1941, 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 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On June 24, 1941, the Board, the Company, and the Union entered into a "STIPULATION FOR CERTIFICATION OF REPRESENTATIVES UPON CONSENT ELECTION." Pursuant to the Stipulation, an election was conducted on July 1, 1941, under the direction and supervision of the Regional Director among all physical employees of the Company who are employed by the Company in its Steubenville Division in the following classifica- tions: Transmission and distribution patrolmen, troublemen. linemen 33 N. L. R. B., No. 136. 772 THE OHIO POWER COMPAINY 773 and groundmen, substation operators and maintenance men, meter men, appliance service men and utility men, storeroom men, janitors, truck and field clerks, district service men, service, meter readers and collectors, exclusive of foremen, supervisors, clerical and office em- ployees, watchmen, and those in a managerial capacity, to determine whether said employees desire to be represented for the purposes of -collective bargaining by the Union. On July 5, 1941, the Regional Director issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Total on eligibility list------------------------------------- 60 Total ballots cast------------------------------------------ 55 Total ballots challenged----------------------------------- 0 Total blank ballots---------------------------------------- 2 Total void ballots----------------------------------------- 0 Total valid votes cast-------------------------------------- 53 Votes cast for International Brotherhood of Electrical Workers (AFL) -------------------------------------- 41 Votes cast against International Brotherhood of Electrical Workers (AFL) -------------------------------------- 12 Upon the basis of the Stipulation, the Election Report, and the entire record in the case, the Board makes the following : FINDINGS OF FAOT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of The Ohio Power Company, Steubenville Division, Steubenville, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All physical employees of the Company who are employed by the Company in its Steubenville Division, in the following classifi- cations: Transmission and distribution patrolmen, troublemen, line- men and ground ' men, substation operators and maintenance men, meter men, appliance service men and utility men, storeroom men, janitors, truck and field clerks, district service men, service meter readers and collectors, exclusive of foremen, supervisors, clerical and office employees, watchmen, and those in a managerial capacity, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of, Section 9 (b) of the Act. 3. International Brotherhood of Electrical Workers, affiliated with the A. F. of L., has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bargaining, and is the exclusive representative of all the employees in said unit within the meaning of Section 9 (c) of the Act. -774 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, IT IS HEREBY CERTIFIED that International Brotherhood,of Electrical Workers, affiliated with the A. F. of L., has been designated and se- lected by a majority of all physical employees of The Ohio Power Company, Steubenville Division, at Steubenville, Ohio, including transmission and distribution patrolmen, troublemen, linemen and ground men, substation operators and maintenance men, meter men, appliance service men and utility men,'storeroom men, janitors, truck and field clerks, district service men, service meter readers and collectors, but excluding foremen, supervisors, clerical and office em- ployees, watchmen, and those in a managerial capacity, as their repre- sentative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the Act, International Brother- hood of Electrical Workers, affiliated with the A. F. of L., is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.