The Ohio Power Co.

In the Matter of THE OHIO PowER COMPANY and UTILITY WORKERS ORGANIZING COMMITTEE, LOCAL 138, (C. I. 0.) Case No. R-.t838.-Decided August 9, 1941 Investigation and Certification of Representatives : stipulation for Certification of Representatives upon consent election. . Mr. Hugh E. Sperry, for the Board. Mr. E. T. Wagenhals, of Canton, Ohio, for the Company. Mr. Leroy H. Winwood, of Zanesville, Ohio, for the Utility Workers. Mr. Eugene M. Purver, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On July 10, 1941, Utility Workers-Organizing Committee, Local 138, (C. I. 0.), herein called the Utility Workers, filed with the Regional Director for the Eighth Region ( Cleveland, Ohio ) a petition alleging that a question affecting Commerce had arisen concerning the repre- sentation of employees of The Ohio Power Company , herein called the Company, engaged at Philo , Ohio, in the generation and distribution of electricity, and requesting an investigation and certification of rep- resentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 419, herein called the Act. On July 16,1941 , 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 July 17, 1941, the Company, the Utility Workers, and the Regional Director for the Board, entered into a "STIPULATION FOR CERTIFICA- TION UPON CONSENT ELECTION." Pursuant to the Stipulation, an election by secret ballot was con- ducted on July 21, 1941 , under the direction and supervision of the Regional Director, among all permanent physical employees of the Philo Generating Plant of The Ohio Power Company, excluding super- visors, foremen, watchmen, and clerical employees, to determine 34 N. L. R. B., No. 17. 116 THE OHIO POWER COMPANY 117 whether or not they desired to be represented by Utility Workers Or- ganizing Committee, Local 138, C. I. 0., as their exclusive representa- tive for the purposes of collective bargaining. On July 24, 1941, the Regional Director issued and duly served upon the parties his Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been (filed by any of the parties. In his Election Report the Regional Director reported as follows concerning the balloting and its -results : Total on eligibility list-------------------------------------------------- 226 Total ballots cast------------------------------------------------------- 217 Total ballots challenged---- -------------------------------------------- 4 Total blank ballots------------------------------------------------------ 2 Total void ballots-----------------------------------------------:------- 0 Total valid ballots cast-------------------------------------------------- 211 Votes cast for Utility Workers Organizing Committee, Local 138 (C. 1. O.)__ 120 Votes cast against Utility Workers Organizing Committee, Local 138 (C. I. 0 )------------------------------------------------------------ 91 Upon the basis of the Stipulation, the Election Report, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of the employees of The Ohio Power Company, at its Philo Generating Plant, Philo, Ohio, within the meaning of Section 9 (c) and Section 2 (6) 'and (7) of the National Labor Relations Act. 2. All permanent physical employees of the Philo Generating Plant of the Ohio Power Company, excluding supervisors, foremen, watch- men, and clerical employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. t3) Utility Workers Organizing Committee, Local 138, (C. I. 0.), 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 employees in the said unit within the meaning of Section 9 (a) of the National Labor Relations Act. 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 Rela- tions Act, IT IS HEREBY CERTIFIED that Utility Workers Organizing Committee, Local 138, (C. I. 0.), has been designated and selected by a majority of all permanent physical employees of the Philo Generating Plant 451269-42-vol. 34-9 118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the Ohio Power Company, Philo, Ohio, excluding supervisors, foremen, watchmen, and clerical employees, as their representative for the purposes of collective bargaining, and that, pursuant to the .provisions of Section 9 (a) of the Act, Utility Workers Organizing Committee, Local 138, (C. I. 0.), is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other con- ditions of employment.