Union Electric Co. of Missouri

In the Matter of UNION ELECTRIC COMPANY OF MISSOURI AND UNION ELECTRIC COMPANY OF ILLINOIS and INTERNATIONAL UNION OF OPER- ATING ENGINEERS, STATIONARY ENGINEERS LOCAL UNION No. 148 In the Matter of UNION ELECTRIC COMPANY OF MISSOURI and TRI-STATE UTILITY WORKERS UNION In the Matter of THE ST. Louis CouNTY GAS CoIIPANY and INTER- NATIONAL UNION OF OPERATING ENGINEERS, STATIONARY ENGINEERS LOCAL UNION No. 148 Cases Nos. R-2543 to R-2545 inclusive.-Decided June 27. 1941 Jurisdiction : electric utility industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to either of rival unions until certified by the Board; labor organization whose unit contentions not sustained permitted to withdraw name from ballot; election necessary. Units Appropriate for Collective Bargaining : system-wide unit comprising sales, clerical, and office employees, excluding supervisory employees, of sever &1 Companies commonly operated and controlled-five separate units comprising production and maintenance employees at various generating plants of the several Companies exclusive of specific classes of employees., Mr. J. W. McAfee and Mr. Russell Doernea', of, St. Louis, Mo., for the Companies. Mr. William H. Thomas, of Washington, D. C., for Local ' 148. Mr. Robert A. Roessel and Mr. Raymond Freed, of St. Louis, Mo., for the Independent. Mr. E. L. Wegener, of Washington, D. C., 111r. A. B. Touchee, of East St. Louis, Ill., and Mr. Theo C. Sheppard, of Alton, Ill., for the I. B. E. W. Mr. Joseph Appelbaum, of St. Louis, Mo., for the U. M. W. A. Mr. Louis Colvin, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On February 4, April 11 and 25, and May 6, 1941, respectively, International Union of Operating Engineers, Stationary Engineers 33 N. L. R. B., No. 1. 1 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Local Union No. 148, herein called. Local 148, filed with the Regional Director for the Fourteenth Region (St. Louis, Missouri) a petition and amended petitions alleging that questions affecting commerce had arisen concerning the representation of employees of Union Electric Company of Missouri and Union Electric Company of Illinois,. St, Louis, Missouri,' herein called the Companies, and requesting an inves- tigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April 22, 1941, Tri-State Utility Workers Union, herein called the Independent, filed 'with the Regional Director a petition alleging that a question affecting commerce had arisen concerning the representation of- employees of The St. Louis County Gas Company, Mississippi River Power Company, Union Electric Company of Mis- souri, Iowa Union Electric Company, and Union Electric Company of Illinois, all of St. Louis, Missouri, herein collectively called the Com- panies, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c) of the Act. On April 25, 1941, Local 148 filed with the Regional Director a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of The St.,Louis County Gas Company, St. Louis County, Missouri, and requesting an investigation and certification of repre-' sentatives pursuant to Section 9 (c) of the. Act. On May 7, 1941, the National- Labor Relations Board, herein called the Board, acting pur- suant 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, and, acting pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, ordered that the three cases be consolidated. On May 8, 1941, the Regional Director. issued a notice of hearing,. copies of which were duly served upon the Companies, Local 148, the Independent, and upon International Brotherhood of Electrical Workers, herein called the I. B. E. W., and United Mine Workers of America, herein called the U. M. W. A., labor organizations claiming to represent employees directly affected by the investigation, and upon United Association of Steel, Gas, Refrigerator, Service Fitters and Pipe Fabricators, Local 562, International Association of Machinists, District Council No. 9, Building Laborers & Hod Carriers Union Local No. 42, International Brotherhood of Firemen and Oilers, Local No. 6, Painters District Council $k2, Teamsters & Chauffeurs Joint Council No. 13, American Federation of Labor, and Building and Construction Trades Council of St. Louis. Pursuant to notice, a hear- ing was held 'on May 9 and 10, 1941, at St. Louis, Missouri before L. N. D. Wells, Jr., the Trial Examiner duly designated by the Chief UNION ELECTRIC COMPANY OF MISSOURI 3 Trial Examiner. The Companies, Local 148, the Independent, the I. B. E. W., and the U. M. W. A. were represented by counsel and participated in the hearing. None of the other labor organizations served with notice of hearing appeared. 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 Local 148 made several motions to amend its petitions correctly to set forth the units desired by it. The motions were granted. During the course of the hearing the Trial Examiner made several rulings on other motions and on objections to the admission of evidence. The Board has reviewed all the 'rulings of the Trial Exam- iner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On May 23 and 28, 1941; respectively, the Independent and Local 148 filed briefs which the Board has considered. Upon the entire record in the case, the Board males the following : FINDINGS OF FACT 1 1. THE BUSINESS OF THE COMPANIES Union Electric Company of Missouri is a Missouri corporation with its principal office and place of business at St. Louis, Missouri. It is engaged in the production, transmission, sale, and distribution of electric energy in St. Louis, Missouri, and in the surrounding territory. The St. Louis County Gas Company is a Missouri corporation with its principal office and place of business at Webster Groves, Missouri. It is engaged in the production, sale, and distribution of natural and artificial gas in St. Louis, County, Missouri. Union Electric Company of Illinois is an Illinois. corporation with its principal office and place of business at St. Louis, Missouri. It is engaged in the production, transmission, sale, and distribution of elec- tric energy and natural and artificial gas in portions of the State of Illinois. Mississippi River Power Company is a Maine corporation with its principal office and place of business at St. Louis, Missouri. It is engaged in the sale, distribution, and production of electric energy in certain portions of the States of Missouri, Illinois, and Iowa. Iowa Union Electric Company is an Illinois corporation with its principal office and place of business at St. Louis, Missouri. It is engaged in the production, sale, and distribution of electric energy in certain portions of the States of Iowa and Illinois. the Companies, and each of them, in the course and conduct of their businesses cause substantial portions of the materials used in the conduct of their businesses to be purchased, delivered, and transported in inter- 450122-42-vol. 33-2 4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD state commerce and foreign commerce from and through States other than the States of Missouri , Illinois, and Iowa, and cause a substantial part of the electric energy produced by them to be transmitted and distributed in interstate commerce between the States of Missouri, Illinois, and Iowa. The Companies and each of them agree that as an integrated busi- ness enterprise and each of them individually are engaged in interstate commerce within the meaning of Section 2 ( 6) and (7) of the Act. 11. THE ORGANIZATIONS INVOLVED International Union of Operating Engineers, Stationary Engineers Local Union No. 148, is a labor orbanization affiliated with the Ameri- can Federation of Labor. It admits to, membership employees of the Companies. Tri-State, Utility Workers Union is an unaffiliated labor organiza- tion admitting toimembership employees of the Companies. International Brotherhood of Electrical Workers is a labor organiza- _ tion affiliated with the American Federation of Labor. It admits to membership employees of the Companies. III. THE QUESTION CONCERNING REPRESENTATION 'Local 148 and the Independent each requested the Companies to bargain with it as the exclusive representative of the employees in the units claimed by each to be appropriate. The Companies denied these requests until such time as the Board certifies the proper bargaining agent. Statements of the Regional Director and the Trial Examiner introduced in evidence show that Local 148 and the Independent each represent a substantial number of employees in the units alleged by each to be appropriate.' 11 The Regional Director reported that Local 148 presented membership application cards signed by 31 parsons whose names appear on the pay roll of the Union Electric Company of Missouri for April 15 , 1941 , and who are in the first unit alleged to be appropriate by Local 148 ; 229 membership application cards bearing the names of persons who appear on the pay roll of Union Electric Company of Illinois for April 15 , 1941 , and who are in the second unit alleged to be appropriate by Local 148 ; 82 membership application cards bear- ing the names of persons who are on the pay roll of Union Electric Company of Illinois for April 15, 1941 , and who are in the third unit alleged to be appropriate by Local 148 ; a peti- tion bearing the names of 78 persons whose names appear on the April 15, 1941 , pay roll of Union Electric Company of Missouri , and who are in the fourth unit alleged to be appro- priate by Local 148 ; and 111 membership application cards bearing the names of persons on the April 15, 1941 , pay roll of The St . Louis County Gas Company who are in the fifth unit alleged to be appropriate by Local 148 . There are approximately 40, 340, 80 , 170, and 211 employees , respectively , in the units alleged to be appropriate by Local 148. The Regional Director further reported that the Independent presented authorization petitions bearing the names of 217 employees of the Companies who are within the units alleged to be appropriate by Local 148 . None of these persons are in the first of the units claimed by Local 148, 76 are in the second of the units, 21 in the third of the units, 153 In the fourth of the units, and 158 in the fifth of the units. The Independent presented membership and dues record cards bearing - the names of 2,717 employees of the Companies. There are approximately 3,100 employees in the unit alleged to be appropriate by the Independent. UNION ELECTRIC COMPANY OF MISSOURI 5 We find that questions have arisen concerning the representation of employees of the Companies. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Companies described in Section I, above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNITS Local 148 seeks the establishment of five separate appropriate bar- gaining units, as follows: (1) all production and maintenance em- ployees at the Osage Hydroelectric Generating plant of Union Electric Company of Missouri, excluding the superintendent, assistant superin- tendent, all foremen, assistant foremen, all other employees occupying supervisory positions, engineers, clerks, and office employees; (2) all production and maintenance employees at the Cahokia Steam Electric Generating plant of Union Electric Company of Illinois, excluding superintendents, assistant superintendents, foremen, assistant foremen, boiler-room operators, turbine-room operators, other employees occu- pying supervisory positions, engineers, assistant engineers, technical engineers, assistant technical engineers, laboratory and testing en- gineers, inspectors, sanitary and safety inspectors, chemists, statistical stenographers, and all clerks; (3) all production and maintenance employees at the Venice Steam Electric Generating plant of Union Electric Company of Illinois, excluding the superintendent, turbine- house-watch engineers, foremen and assistant foremen, other employees occupying supervisory positions, engineers, assistant engineers, tech- nical engineers, assistant technical engineers, laboratory and testing engineers, inspectors, sanitary and safety inspectors, chemists, statis- tical stenographers, stores clerks, and all clerks; (4) all production and maintenance employees at the Ashley Street Steam Electric Gen- erating plant of Union Electric Company of Illinois, excluding the superintendent, turbine-house-watch engineers, foremen and assistant foremen, employees occupying supervisory positions, engineers, assist- ant engineers, technical engineers, assistant technical engineers, labora- tory and testing engineers, chemists, and clerks ;and (5) all employees at the water-gas manufacturing plant and gas-distribution department of The St. L- uis County Gas Company, excluding supervisory em- ployee, engineers, est mc,tors, meter readers, dispatchers, clerks, and office employees. The Independent contends that all employees of the 6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Companies, including clerical, sales, and office employees, but excluding employees above the rank of working foreman, constitute a single ap- propriate bargaining unit. The Companies take no position with respect to the appropriate unit or units. The Companies are commonly known as the Union Electric System and have common officers and directors. All the Companies are under the control of a single comptroller and under the supervision of one chief engineer. A central load dispatcher has complete charge of switch operations for all the Companies and is in constant communi- cation with all parts of the system. One superintendent of supplies is in charge of the purchasing, building-operations, and garage-opera- tions departments which service all the Companies. A single director of industrial relations is in complete charge of personnel for all the Companies, and all labor contracts and agreements must be negotiated with the "management" which is the same for all the Companies. Whenever a job becomes vacant in any of the Companies, it is a rule of the Companies to attempt to fill that vacancy through transfer or promotion from other parts of the system. Although wages an4 hours differ in various localities serviced by the Companies, they are controlled by the central management. The Union Electric Company of Missouri and The St. Louis County Gas Company are operated jointly and are under a single manage- ment. The accounting, purchasing, employment, and personnel de- partments of these two companies are conducted jointly. The tele- phone facilities, office equipment, collections, and meter reading is conducted on a joint basis by both of these companies and a single centralized trouble office handles all complaints for both companies. These companies employ a total of.794 men, 39 per cent of whom work. jointly for both. None of the persons working jointly are within any of the units claimed by Local 148. Local 148 contends, and the record indicates, that wages and work- ing conditions in the various sections serviced by the Companies vary because of differences in the prevailing wages and living costs in the several communities. As pointed out above, Local 148 represents a substantial number of employees in each of the units alleged by it to be appropriate. There is no history of collective bargaining on the basis of any of the units urged by the parties herein.' However, the I. B. E. W. has a closed-shop contract with Union Electric Company of Illinois, entered into on July 1, 1940, which is to remain in full 2 We do not give any weight to prior bargaining on a system-wide basis which was car- ried on between the Companies and Employees ' Mutual Benefit Association inasmuch as we have found the Employees' Mutual Benefit Association to be company -dominated and have ordered it disestablished. Matter of Union Eleotrio Uompany of Missouri, et al. and Inter- national Union of Operating Engineers, Local No . 148, af iliated with the American Federa- tion of Labor, 81 N. L. R. B. 866. UNION ELECTRIC COMPANY OF MISSOURI 7 force and effect until June 30, 1942. This contract covers the line gang, linemen, groundmen, troublemen, lamp trimmers, and tree trim- mers employed by Union Electric Company of Illinois. The Inde- pendent seeks to include 'these employees in the unit urged by it .-3 None of these are in the units sought by Local 148. Under all of the' circumstances we find that the units urged by Local 148 are appropriate for the purposes of collective bargaining. The independent stated that in the event the Board finds that the .sales, clerical, and office employees do not properly belong in the unit with the other employees of the Companies they should then consti- tute a single appropriate unit on a system-wide basis. The Independ- ent is the only union involved that seeks to represent such employees. We find that all sales, clerical, and office employees of the Companies -constitute a single appropriate unit. We find that all sales, clerical, and office employees of the Com- panies, excluding supervisory employees, constitute a single unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Companies the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. We find that all production and maintenance employees at the Osage Hydroelectric Generating plant of Union Electric Company of Missouri, excluding the superintendent, assistant superintendent, all foremen, assistant foremen, all other employees occupying supervisory positions, engineers, clerks, and office employees, constitute a unit appropriate for the purposes of collective bargaining. We find that all production and maintenance employees at the Ca- hokia Steam Electric Generating plant of Union Electric Company of Illinois, excluding superintendents, assistant superintendents, fore- men, assistant foremen, boiler-room operators, turbine-room operators, other employees occupying supervisory positions, engineers, assistant engineers, technical engineers, assistant technical engineers, laboratory and testing engineers, inspectors, sanitary and safety inspectors, chemists, statistical stenographers, and all clerks, constitute a unit appropriate for the purposes of collective bargaining. We find that all production and maintenance employees at the Venice Steam Electric Generating plant of Union Electric Company ' of Illinois, excluding the superintendent, turbine-house-watch engi- neers, foremen and assistant foremen, other employees occupying supervisory positions, engineers, assistant engineers, technical engi- a United Mine Workers of America has a contract with Union Colliery Company and East St. Louis-Belleville Railroad has contracts with the railway brotherhoods . Although Union Colliery Company and East St. Louis Railroad are affiliates of the Companies , their em- ployees are not claimed by any of the organizations involved herein. A 8 DECISIONS OF NATIONAL LABOR RELATIONS - BOARD nears, assistant technical engineers, laboratory and testing engineers, inspectors, sanitary and safety inspectors, chemists, statistical stenog- raphers, stores clerks, and clerks, constitute a unit appropriate for the purposes of collective bargaining. We find that all production and maintenance employees at the Ashley Street Steam Electric Generating plant of Union Electric Company of Illinois, excluding the superintendent, turbine-house- watch engineers, foremen and assistant foremen, employees occupying supervisory positions, engineers, assistant engineers, technical engi- neers, assistant technical engineers, laboratory and testing engineers, chemists, and clerks, constitute a unit appropriate for the purposes of collective bargaining. , We find that all employees at the water-gas manufacturing plant and gas-distribution department of The St. Louis County Gas Com- pany, excluding supervisory employees, engineers, estimators, dis- patchers, meter readers, clerks, and office employees, constitute a unit appropriate for the purposes of collective bargaining. We further find that the above units will insure to employees of the Companies 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 REPRESENTATIVES We find that the questions which have arisen concerning the repre- sentation of employees of the Companies can best be resolved by elections by secret ballot. Local 148 asks that a peak pay roll be used to determine eligibility to vote in the elections. The Inde, pendent urges the use of the May 1, 1941, pay roll for this purpose. The Companies stated that it was immaterial to them which pay rolls were used. No reason appears why, in accordance with our usual practice, the current pay roll should not be used for this pur. pose. We find that the employees of the Companies eligible to vote in the elections shall be those in the appropriate units whose names appear on the pay rolls of the Companies for the period immediately preceding the date of the Direction of. Elections herein, subject to such limitations and additions as are set forth in the Direction. hereinafter. Inasmuch as we have not sustained the Independent's contentions as to the appropriate unit, we will allow the Independent, if it de- sires, to withdraw its name from any of the ballots by giving notice to that effect to the Regional Director within five (5) days from the date of this Direction of Elections. UNION ELECTRIC COMPANY OF MISSOURI 9 Upon the basis of the above findings of fact and upon the 'entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. Questions affecting commerce have arisen concerning the repre- sentation of employees of Union Electric Company of Missouri, Mis- sissippi River Power Company, Iowa Union Electric Company, Union Electric Company of Illinois, and The St. Louis County Gas Company, all of St. Louis, Missouri, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act, 2. All production and maintenance employees at the Osage Hydro- electric. Generating plant of Union Electric Company of Missouri, excluding the superintendent, assistant superintendent, all foremen, assistant foremen, all other employees occupying supervisory posi- tions, engineers, clerks, and office employees, constitute a unit ap- propriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. All production and maintenance employees at the Cahokia Steam Electric Generating plant of Union Electric Company of Illi- nois, excluding superintendents, assistant superintendents, foremen, assistant foremen, boiler-room operators, turbine-room operators, other employees occupying supervisory positions, engineers, assistant engineers, technical engineers, assistant technical engineers, laboratory and testing engineers, inspectors, sanitary and safety inspectors, chemists, statistical stenographers, and all clerks, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 4. All production and maintenance employees at the Venice Steam Electric Generating plant of Union Electric Company of Illinois, ex- cluding the superintendent, turbine-house-*atch engineers, foremen and assistant foremen, other employees occupying supervisory posi- tions, engineers, assistant engineers, technical engineers, assistant technical engineers, laboratory and testing engineers, inspectors, sani- tary and safety inspectors, chemists, statistical stenographers, stores clerks, and clerks, constitute "a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 5. All production and maintenance employees at the Ashley Street Steam Electric Generating plant of Union Electric Company, of Illi- nois, excluding the superintendent, turbine-house-watch engineers, foremen and assistant foremen, employees occupying supervisory posi- tions, engineers, assistant engineers, technical engineers, assistant tech- 10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD nical engineers, laboratory and testing engineers, chemists, and clerks, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 6. All employees at the water-gas manufacturing plant and gas- distribution department of The St. Louis County Gas Company, ex- cluding supervisory employees, engineers, estimators, meter readers, dispatchers, clerks, and office employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 7. All sales, clerical, and office employees of the Companies, ex- cluding supervisory employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby Duu;cTED that, as part of the investigations authorized by the Board to ascertain representatives for the purposes of collective bargaining with Union Electric Company of Missouri, Mississippi River Power ,Company, Iowa Union Electric Company, Union Electric Company of Illinois, and The St. Louis County Gas Company, all of St. Louis, Missouri, elections by secret ballot shall be conducted as soon as possi- ble, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fourteenth 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 : 1. All production and maintenance employees at the Osage Hydro- electric Generating plant of Union Electric Company of Missouri who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or tempo- rarily laid off, but excluding the superintendent, assistant superin- tendent, all foremen, assistant foremen, all other employees occupying supervisory positions, engineers, clerks, office employees , and em- ployees who have since quit or been discharged for cause, to determine whether they desire to be represented by International Union of Op- erating Engineers, Stationary Engineers Local Union No. 148, UNION ELECTRIC COMPANY OF MISSOURI 11 affiliated with the American Federation of Labor, or by Tri-State Utility Workers Union, for the purposes of collective bargaining, .or by neither; 2. All production and maintenance employees at the Cahokia Steam Electric Generating plant of the Union Electric Company of Illinois who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding superintendents, assistant super- intendents, foremen, assistant foremen, boiler -room operators, turbine- room operators, other employees occupying supervisory positions, en- gineers, assistant engineers, technical engineers, assistant technical engineers, laboratory and testing engineers , inspectors, sanitary and safety inspectors, chemists, statistical stenographers, all clerks, and employees, who have since quit or been discharged for cause, to deter- mine whether they desire to be represented by International Union of Operating Engineers , Stationary Engineers Local Union No. 148, affiliated with the American Federation of Labor, or by Tri-State Utility Workers Union, for the purposes of collective bargaining, or by neither; 3. All production and maintenance employees at the Venice Steam Electric Generating plant of Union Electric Company of Illinois who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or tempo- rarivy.laid off, but excluding the superiiitextdent, turbine.house-watch engineers, foremen and assistant foremen, other employees occupying supervisory positions, engineers, assistant engineers , technical en- gineers, assistant technical engineers, laboratory and testing engineers, inspectors, sanitary and safety inspectors , chemists, statistical ste- nographers, store clerks, clerks, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by International Union of Operating Engineers, Sta- tionary Engineers Local Union No. 148, affiliated with the American Federation of Labor, or by Tri-State Utility Workers Union, for the purposes-of collective bargaining, or by neither; 4. All production and maintenance employees at the Ashley Street Steam Electric Generating plant of Union Electric Company of Illi- nois who were employed during the pay-roll period immediately pre- ceding the date of this Direction , including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding the superintendent, turbine-house- 12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD watch engineers, foremen and assistant foremen, employees occupying supervisory positions, engineers, assistant engineers, technical engi- neers, assistant technical engineers, laboratory and testing engineers, chemists, all clerks, and employees who have since quit or been dis- charged for cause, to determine whether they desire to be represented by International Union of Operating Engineers, Stationary Engineers Local Union No. 148, affiliated with the American Federation of Labor, or by Tri-State Utility Workers Union, for the purposes of collective bargaining, or by neither; 5. All employees at the water-gas manufacturing plant and gas- distribution department of The St. Louis County Gas Company who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding supervisory employees, engineers, clerks, esti- mators, meter readers, dispatchers, office employees, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by International Union of Operating Engineers, Stationary Engineers Local Union No. 148, affiliated with the American Federation of Labor, or by Tri-State Utility Workers Union, for the purposes of collective bargaining, or by neither; 6. All office, clerical, and sales employees of the Companies who were employed during the pay-roll period immediately preceding the date of the Direction herein, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or tem- porarily laid off, but excluding supervisory employees and employees who have since quit or been discharged for cause, to determine whether, or not they desire to be represented by Tri-State Utility Workers Union' for the purposes of collective bargaining. MR. EDWIN S. SMITH, dissenting in part and concurring in part : I dissent from the majority holding splitting -up the ^ Union Electric System into separate appropriate units. I concur in the Board's finding of a system-wide unit of clerical, office, and sales employees. The Companies are engaged chiefly in the production, transmission, and distribution of electrical and gas energy. The Companies, through unified stock ownership, management, and operation, com- prise a closely integrated system. It is common knowledge that workers in a utility system are intimately associated with each other in their work despite geographical separations of work situs. There is evidence of the transfer of employees from one part of the system UNION ELECTRIC COMPANY OF MISSOURI 13 to another as conditions require. The management, which is com- mon for all Companies, determines the labor policy for all employees, and any labor organization would have to deal with the same man- agement irrespective of what employees in the system it represented. Employees throughout the system, regardless of the Company on whose pay roll they are carried, perform substantially similar func- tions and labor policies are determined by the management for the entire system. The record discloses that the Independent represents approximately 2700 employees of the 3100 employees in the system- wide unit urged by it. There is no collective bargaining history on the basis of the plant units which Local 148 contends are appropriate. The Board has on numerous occasions held, in situations similar to the case at bar, that a system-wide unit is appropriate.4 The Com- panies constitute an integrated system analogous to a system of communications or transportation. The Board in such cases, has found appropriate a more comprehensive unit .5 Under the circum- stances, I would find a system-wide unit of the production and maintenance employees of the Companies appropriate for the pur- poses of collective bargaining. A separate system-wide unit of the office, clerical, and sales employees is, as the majority finds, appropriate for the purposes of collective bargaining .6 The only problem with respect to a system-wide unit for the pro- duction and maintenance employees of the Companies is the I. B. E. W. contract with Union Electric Company of Illinois. That contract was entered into on July 1, 1940, and is to remain in full force and effect until June 30, 1942. This contract is a renewal of a previous one between the I. B. E. W. and that company. Inasmuch as the July 1, 1940, contract is a renewal and will have run for a period of 1 year on July 1, 1941, it is no bar to a determination of representatives for employees covered by such contract.' However, since the employees covered by this contract organized into a func- 4 Matter of Iowa Southern Utilities Company and Utility Workers Organizing Committee, Local 109 ( C. I. 0.), et al., 15 N. L. R. B. 580; Matter of Tennessee Electric Power Co. and International Brotherhood of Electrical Workers, 7 N. L. L. B. 24; Matter of Wisconsin Power and Light Company and United Electrical, Radio, and Machine Workers of America, etc., 6 N. L. R. B. 320; Matter of Portland Gas and Coke Co. and Gas and Coke Workers Union, etc., 2 N. L. R. B. 552. 6 Matter o f E. T. & W. N. C. Motor Transportation Company and Drivers and Warehouse- men's Union, 30 N. L. R. B. 505; Matter of Gulf Oil and Gulf Employees Association of New England, at al., 19 N. L. R. B. 334; Matter of Postal Telegraph -Cable Corp. of New York and Commercial Telegraphers' Union, 9 N. L. R. B. 1060; Matter, of Columbia Broadcasting System, Inc. and America Radio Telegraphists' Association, 6 N. L. R . B. 166. e Matter of Nebraska Power Company and Local Union B-763, International Brotherhood of Electrical Workers, Anlliated with tha American Federation of Labor, 27 N. L. R. B 411. 7 Matter of Columbia Broadcasting Company, Inc . and American Communications Asso- ciation, 8 N. L. R. B . 508; Matter of Kahn & Feldman, Inc. and United Textile Workers of America (AFL), 30 N. L. R. B . 294, and cases cited therein 14 DECISIONS QF NATIONAL LABOR RELATIONS BOARD tionally, • coherent group which appears to be analogous to a craft, bargained, and entered into contracts prior to the self-organization of the employees of the Companies on a system-wide basis, I would order a separate election among such employees to determine whether they desire to be represented by the Independent, by the I. B. E. W., or by neither.8 6 See my concurring opinion in Matter of American Hardware Corporation and United Electrical and Radio Workers of America, 4 N. L. R. B. 412.