Appalachian Electric Cooperative

National Labor Relations Board - Board Decisions

Apr 12, 1951

93 N.L.R.B. 1348 (N.L.R.B. 1951)

1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All employees in the program department of Radio Station WFAS,.
White Plains, New York, who announce, write continuity, do program
preparation, solicit guests for broadcasting appearances, or do other-
related work preliminary to the broadcast, excluding all other em-
ployees and supervisors as defined in the Act.3
[Text of Direction of Election omitted from publication in this.
volume.]
,'As the work of these employees appears to be substantially all within the program
department, we find that this disposes of any question of eligibility to vote in the election.
APPALACHIAN ELECTRIC COOPERATIVE and LOCAL UNION No. 760, INTER-
NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, A. F. OF L.,,
PETITIONER. Case No. 10-RC-1184. April 12, 1951
Decision and Direction of Elections
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before John C. Carey, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel [Members Houston, Reynolds, and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.'
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. Questions affecting commerce exist concerning the representation
of employees of the Employer within the meaning of Section 9 (c) (1)
and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks, primarily, a broad unit composed of all
employees at the Employer's Jefferson City, Tennessee, electric plant,.
' The Employer, a Tennessee chartered nonprofit electric cooperative, financed by Rural
Electrification Administration, is engaged in the sale of electricity to customers in five
east Tennessee counties. During the past year, the Employer's purchases amounted to
approximately $377,426. Of this amount, $185,203 represented electricity purchased
from the Tennessee Valley Authority, and approximately $90,000 represented supplies
which originated outside the State. During the same period, the Employer sold electricity
to its customers within the State valued at approximately $447,316. Of this amount,
$60,000 represented sales to the American Zinc Company, and $40,000 represented sales
to Universal Exploration Company. Both these companies annually sell and ship more
than $50,000 worth of materials outside the State of Tennessee. See Hollow Tree
Lumber Company, 91 NLRB 635. Cherokee County Rural Electric Cooperative Association,
92 NLRB 1181.
93 NLRB No. 243.
APPALACHIAN ELECTRIC COOPERATIVE 1349
excluding guards, professional employees, and supervisors. Alter-
natively, the Petitioner requests separate units of the so-called field
or operating and maintenance employees and of the office clerical
employees, respectively. The Employer does not object to the pro-
posed unit for office clerical employees, but contends that these em-
ployees should not be included in the larger unit. There is no history
of collective bargaining for any employees at this plant.
Under the circumstances we find no justification for a departure
from the Board's customary practice of excluding office clerical em-
ployees from a unit of production and maintenance employees 2
Accordingly, we shall exclude office clericals from the primary unit
sought herein; however, since the Petitioner has made an adequate
showing of interest among the office clerical employees and has indi-
cated its desire to represent them in an office unit, we shall establish a
separate unit for these employees.'
Disputed Categories
Line foremen or lead men.-There are two line foremen or lead
men, who the Employer contends are nonsupervisory, and on whom
the Petitioner takes no position. From the manager of the plant, each
line foreman receives orders to lay or repair a particular line, and
see that the lines are laid on routes predetermined by the engineer.
He works along with the other linemen, and directs the work of a
crew of three linemen and two or three laborers. The line foreman
has no authority to hire or discharge members of his crew, and any
recommendation made by him would be advisory and subject to an
independent investigation by the manager. His direction of his
fellow workers is substantially limited to the transmittal of orders
received from his supervisors. Under these circumstances, we con-
clude that the line foremen are not supervisors within the meaning of
the Act, and shall, accordingly, include them in the field unit herein-
after found appropriate.
Storeroom olerlc.-The Petitioner would include the storeroom clerk
in the field unit, and the Employer would include him in the office
clerical unit. The storeroom clerk receives and arranges material
and equipment in the supply room, and issues it to line crews. He
spends approximately 50 percent of his time in keeping records of
such materials received and issued. The supply room is located in
the warehouse, which is about a quarter of a mile from the Employer's
office. The storeroom clerk handles supplies required by field per-
2 Buckeye Rural Electric Co-Operative, Inc, 88 NLRB 196, and cases cited therein.
8 Cf. R. I . Polk & Co, 91 NLRB 443.
1350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sonnel, and is essentially a plant clerical, rather than an office clerical
employee. As such, we shall include him in the field unit .4
Janitor.-The Employer would exclude the janitor from either
unit established. The Petitioner desires his inclusion in the clerical
unit. The janitor works from 5 to 10 p. in. daily, and his sole duties
consist of cleaning up around the office. We believe that, regardless
of the place of his employment, the janitor should be included in the
same general unit with operating and maintenance employees. We
shall, therefore, include him in the field unit.5
Secretary.-The Petitioner would include the secretary to the man-
ager in the office clerical unit, and the Employer would exclude her
from any unit as a confidential employee. The secretary takes dicta-
tion and transcribes letters for the manager. The letters include
those from the manager to the Employer's attorney, the president of
the Board, and the union representatives concerning the Employer's
labor relations. We find that she acts in a confidential capacity to an
official of the Employer charged with managerial responsibility in the
field of labor relations, and shall exclude the secretary as a confidential
employee.6
Meter man.-The Petitioner would include the meter man in the
field unit. The Employer takes no position. The meter man spends
about 75 percent of his time in repairing meters in a separate room
at the Employer's plant, and about 10 percent of his time in keeping
records of such work. He spends about 2 days per month reading
meters, and works with the linemen about twice a week in emergencies.
We shall include the meter man in the field unit.'
We find that all operating and maintenance employees at the
Employer's Jefferson City, Tennessee, electric plant, including line
foremen, storeroom clerk, janitor, and meter man, but excluding office
clerical employees, guards, professional employees, and supervisors,
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act.
We also find that all office clerical employees of the Employer at
its Jefferson City, Tennessee, electric plant, including the home serv-
ice man," but excluding the manager's secretary and supervisors,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
5. A laborer originally hired by the Employer to do construction
work is now on loan to a tree-trimming concern, which is presently
4 Riverside Mills, 85 NLRB 969.
The Ohio Power Company, 73 NLRB 384.
Minneapolis-Moline Co., 85 NLRB 597.
7 Buckeye Rural Electric Co-Operative , Inc., supra.
8 The home service employee is primarily a public relations man. He handles com-
plaints and obtains rights of way. He works in, and out from, the office . The parties
agree to the inclusion of the home service man in the office clerical unit.
BIG RUN COAL & CLAY COMPANY 1351
doing work for the Employer. He is now paid by the contractor, who
directs his work. The Employer carries him on its payroll and pays
his hospitalization insurance and social security. The parties would
include the laborer in the field unit. On the basis that he will return
to work for the Employer, we deem him included in the field unit
and will permit him to vote in the election.
[Text of Direction of Elections omitted from publication in this
volume.]
BIG RUN COAL & CLAY COMPANY and JOHN SHELTON, WILLARD NOLEN•,
ARTHUR BAYES, PETITIONERS and UNITED BRICK AND CLAY WORKERS
of AMERICA, A. F. L. Case No. 9-RD-78. April 13, 1951
Decision and Direction of Election
Upon a petition for decertification duly filed, a hearing was held
before Alan A. Bruckner, hearing officer. The hearing officer's rul-
ings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Houston, Reynolds, and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The Petitioners assert that the Union is no longer the bargaining
representative of the employees of the Employer as defined in Section
9 (a) of the Act.
3. The Union was certified on August 22, 1949,1 as the bargaining
representative of the production and maintenance employees at the
Employer's Princess, Kentucky, plant, where the Employer is engaged
in the manufacture of brick and tile, and the mining of coal and clay.
We find that a question affecting commerce exists concerning the repre-
sentation of employees of the Employer, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
4. The parties agree, and we find, that the following employees con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act:
All production and maintenance employees at the Employer's Prin-
cess, Kentucky, plant, excluding clerical employees, guards, profes-
sional employees, and supervisors as defined in the Act.
I Case No. 9-RC-570. Unpublished . On August 24, 1950, the Employer and the
Union entered into a contract , which was terminated by the Employer by timely notice
given on October 28, 1950.
93 NLRB No. 244.
I