Public Service Co. of Indiana, Inc.

National Labor Relations Board - Board Decisions

May 18, 1944

56 N.L.R.B. 643 (N.L.R.B. 1944)

In the Matter Of PUBLIC SERVICE COMPANY OF INDIANA, INC. and Dis-
TRICr 50, UNITED MINE WORKERS OF AMERIOA (UTILITY DIVISION)
Case No. 9-R-1380.-Decided May 18,1944
Mr. F.dmmd W. Hebel, of Indianapolis, Ind., ,for the Company.
Mr. Stanley E. Stohr, of Terre Haute,, Ind., and Mr. Joe E. Board, of
Indianapolis, Ind., for District 50.
,Mr. Frank S. Pryor, of Frankfort, Ind., and Messrs. Robert Barry,
Edwin E. Seger, -and Elmer Johnson, of Indianapolis, Ind., for the
IBEW. -
,Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
i
I
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon petition duly filed by, District 50, United Mine Workers of
America (Utility Division), herein called District 50,-alleging that
a question' affecting commerce had arisen concerning the representa-
tion of employees,of Public Service Company of Indiana, Inc., In-
dianapolis, Indiana, herein called,the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Thomas E. Shroyer, Trial Examiner. Said hearing was held
at Ind anapolis, Indiana, on April 19, 1944. The Company, District
50, and International Brotherhood of Electrical Workers, B-9, A. F.
of L., herein called the IBEW, appeared and participated. All parties
were afforded, full opportunity to be heard, to examine and cross=
examine witnesses, to introduce evidence bearing on the issues, and to
file briefs with 'the Board. The Trial Examiner's ruling's made- at
the hearing are free from prejudicial error and, are hereby -affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Public Service Company of Indiana, Inc., is an Indiana corporation
engaged as a public utility in rendering electric, gas, and water
56 N. L . R. B., No. 124. -
643
644 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD
utility service in the north central, central, and southern portions of
the State of Indiana. In some communities, the Company also sup-
plies ice and heat services. In 1943, 14.23' percent of the electric
energy used by the Company in carrying on its activities was pur-
chased by it at the Indiana State, line through interconnections be-
tween its electric transmission lines and those of other public utilities
in adjacent States. - During the same • period, the Company sold to
public utilitiess operating in States other than the State of Indiana
• approximately one-third of 1 percent • of the total electric energy
sold, by it during that period. Also, approximately 86 percent of, all
the Company's gas requirements for the year 1943 was purchased by
'the Company in interestate commerce. The Company services various
concerns in the State of Indiana which are engaged in interstate
commerce.
The Company admits and we find that it is engaged in commerce
within the meaning of the National' Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America (Utility Division),
is a labor organization; admitting to membership employees of the
Company.
International Brotherhood of Electrical Workers, B-9, affiliated,
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The I. B. E. W. has been the recognized bargaining representative
of the Company's production and' maintenance employees since 1934.
Subsequent to 1938, this relationship has existed by virtue of successive
written collective bargaining agreements, the last of which became
effective May 1, 1942, and was to remain in force until April 30, 1943,
-and from year to year thereafter unless either party notified the other
in writing of its desire to amend or cancel the contract at least 60 days
prior to any anniversary date of the agreement. 'Inasmuch as neither
of the contracting parties gave such notice prior to March 1, 1943, the
contract automatically renewed for an additional, year.
On'or about February 25, 1944, District 50 advised the Company by
'letter of its claim of representation of a majority of the employees
covered by the I. B. E. W.'s contract and requested recognition as their
exclusive bargaining representative. The Company refused to recog-
nize District 50 unless and until it is certified by the Board. Neither
PUBLIC SERVICE 'COMPANY OF INDIANA, INC. 645
the Company nor the I. B. E. W. urges that the contract is a bar to
this proceeding.'
A statement prepared by a Field Examiner of the'Board, introduced
into evidence at the hearing, as supplemented by a statement prepared
by the Trial Examiner and read into the record at the hearing, in-
dicates that District 50 and.the I. B. E. W. each represents a substantial
number of employees within the unit hereinafter found to be appro-
pr'iate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
All parties agree that the employees covered by the contract between
the I. B. E. W. and the Company comprise the appropriate bargain-
ing unit. The contract unit embraces all employees of the Company
in the production, generating, construction, transmission, distribu-
tion, operating, maintenance, "repair, service, and meter reading ;de-
partments, excluding watchmen, office; clerical, and sales employees,
executives, administrative, professional, and technical employees, em-
ployees of the Company's Edwardsport Mine, truckers who haul coal
Y4 .1.
from the mine, storeroom employees, and supervisory employees.
Although all parties are in agreement with respect to the composi-
tion of the unit, we are of the opinion that certain specific classifications
of employees warrant special mention herein .3
The Company's operations consist of seven geographical divisions,
each of which is headed by a division manager and his assistants.
Each division consists of a number of operating departments which
service the various municipalities or communities within the division.
The Company also operates a coal mine known as the Edwardsport
Mine. The parties agree that the employees of this mine, all of whom-
are bargained for by a labor organization not a party to this proceed-
' The contract is, obviously no bar to a determination of representatiees since District
50 notified the Company of its representation claim prior to the automatic renewal date of
the contract See Matter of Craddock-Terry Shoe Corp, 55 N L. R. B. 1406, and
cases cited therein.
,2 The Field Examiner's report, as supplemented by the Trial Examiner's statement, shows
that District 50 submitted 600, authorization cards bearing the names of persons whose
names appear on the Company's pay roll of March 1, 1944, which lists the names of 1,298
employees within the alleged appropriate unit, and that the I. B. E. W. submitted a cer-
tified list of its members in good standing as of March 13, 1944, which contains the names
of 1,237 persons whose names appear on the aforesaid pay roll
S In a prior representation proceeding involving the employees of the Company, District
60, as petitioner, urged that certain employees should be excluded from the appropriate
unit on the ground that they were, clothed with supervisory authority. The prior pro-
ceeding, Matter of Public Service Company of Indiana, Case No. R-3945, is reported in
Volume 42 N. L. R. B., at page 639. In the cited case the Board dismissed the petition
since District 50 lacked a sufficient showing of interest to raise a question concerning
representation.
646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD '
ing, should be excluded from the appropriate unit. It is also agreed
that truck drivers who haul coal from the nine to other operations of
the Company should also be excluded. We shall exclude both of these
groups of employees, from the appropriate unit.
Foremen and supervisors whom the parties agree to include in the
unit
The Company employs some 20 different classifications of foremen
and supervisors which have been covered by the I. B. E. W.'s bargain-
ing`contracts. Each of these employees is in charge of a small group
of from 1 to 15 hourly paid employees. In the small working units,
the foreman or supervisor in charge usually works with the employees
whom he directs, while in the larger groups he devotes all of, his time
to-directing the work of the employees. These foremen and supervisors
are variously classified as line foreman 'A and,B, brush crew foreman,
tree trimmer foreman, watch engineer, watch fireman, boiler mainte-
nance, foreman, boiler slagger foreman, maintenance mechanical gen-
eral foreman, electrical foreman, substation electrical construction
foreman A and B; substation electrical maintenance foreman, load dis-
patcher A and B, equipment testing foreman, meter shop foreman,
supervisor of meter readers, service foreman, foreman-gas and water
A and B, fitter foreman, and garage, foreman. None 'of these em-
ployees has the authority,to hire, promote, or discharge employees or
effectively to recommend such action., Their authority, to discipline
employees is limited to ordering an employee who ,has violated certain
company rules to report to the superintendent or manager who, alone,
has the authority to discharge, lay off, or otherwise discipline the em-
ployee. All foremen and supervisors are hourly paid,, receiving
slightly higher wages than the employees whose -work They direct.
Since it appears that none of these foremen or supervisors possesses
any of the indicia of authority customarily vested in supervisory em-
ployees, we shall, in accordance ,with the agreement of the parties;
include them in the appropriate unit.
Local representat'trves ,
In very small communities the Company usually employs only one
full-time employee designated as the' local representative. This-em-
ployee performs all the various duties necessary to, maintaining the
electric, gas, or water service in,the community. Local representatives
are covered by the LB. E. W.'s contract. We shall include them in the
unit.
Patrolmen
These employees are not armed guards or watchmen, but their
functions are to patrol the Company's electric power lines, water, and
PUBLIC SERVICE - COMPANY OF INDIANA, INC. 647
gas mains , and report any breaks or other defects . ' We-shall include
the patrolmen in the appropriate unit.
Storeroom employees
These employees perform clerical duties in connection with the sup-
plies kept in the Company's various storerooms . They have been
excluded from the contract unit as clerical employees . - We' shall ex-,
elude them.
In view of the foregoing findings ' of fact and upon the basis of the
entire 'record in the case, we find, in accordance with the 'agreement
of the parties , that all employees of the Company in the production,
construction , generating , transmission , distribution , operating , main-,
tenance, repair , service, and meter 'reading departments , including all
non-supervisory foremen and supervisors , patrolmen , and local repre-
sentatives , but excluding watchmen , office and clerical employees, sales
employees , technical 'and'professional employees , storeroom employees,,
administrative employees , executives , and any other supervisory em-
ployees with- authority to hire, promote , discharge , discipline , or other-
wise effect,changes in the status •of employees , or effectively recommend
such action, and further excluding employees of the Company's'.Ed-
wardsport Mine and the truck drivers who haul coal from the mine
to other operations of the Company , constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act. I
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction. '
DIRECTION OF ELECTION
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 9, ' of "National Labor
Relations Board Rules and Regulations--Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Public Service
Company" of Indiana , Inc., Indianapolis , Indiana, an election by secret
ballot shall be conducted as early as possible , but not later than thirty
(30) days from the-date of this Direction , under the direction and
supervision of the Regional Director for the Ninth Region ', acting in
648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
this matter as agent for the, National Labor Relations' Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period imme-
diately preceding the date of this Direction, including employees who
did not work during said pay-roll period because they were ill or on
vacation or temporarily laid off, and including employees in the armed-
forces of the United Stites who present themselves in person at the
polls, but excluding any who have since quit or been discharged for
cause, and have not been rehired or reinstated prior to the date of the
election, to determine whether they desire to be represented by District
50, United Mine Workers of America (Utility Division), or by In-
ternational Brotherhood of Electrical Workers, B-9, A. F. of L., for
the purposes of collective bargaining, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction, of Election.
[See infra, 56 N. L. R. B. 1327 for Amendment to Direction of
Election,],