Central Illinois Light Co.

National Labor Relations Board - Board Decisions

Mar 16, 1945

60 N.L.R.B. 1217 (N.L.R.B. 1945)

In the Matter of CENTRAL ILLINOIS LIGHT COMPANY and LOCAL UNION
B-51, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
A. F. L.
Case No. 13-R-2770.-Decided Mardi 16, 19.4.5
Messrs. H. G. Kniese and C. B. O'Hern, of Peoria, Ill., for the
Company.
Mr. E. L. Tillntn,, of Peoria, Ill., for Local B-51.
Mr. Herbert C. Kane, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local Union B-51, International
Brotherhood of Electrical Workers, A. F. L., herein called Local B-51,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Central Illinois Light Company,
DeKalb, Illinois, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Benjamin B. Salvaty, Jr., Trial Examiner . Said hearing was
held at Peoria, Illinois, on January 23, 1945. The Company and the
A. F. L. appeared and participated.' All parties were afforded full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Ex-
aminer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. All parties were afforded an opportunity to
file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Central Illinois Light Company, an Illinois corporation, having its
main office in Peoria, Illinois, is engaged in the manufacture of power,
light and heat and the sale thereof to the public. It is also engaged
'Although served with notice the Association did not appear or participate in the
proceeding
60 N. L R B., No. 208.
628563-45-voI 60-78 1217
1218 DECISIONS OF NATIONAL-LABOR RELATIONS BOARD
in the sale and repair of electric equipment. During 1944 the Company
purchased materials, including coal and incandescent bulbs, of an
approximate value of $1,756,000, approximately 11 percent of which
was purchased outside the State of Illinois, and in excess of 58,000,000
therms of natural gas, all of which was imported from Texas and
purchased and sold in the State of Illinois. The Company's gross rev-
enue for the year 1944 was approximately $12,000,000. The Company
maintains three divisions, the only one here involved being the DeKalb
Division.
For the purposes of this proceeding only, the Company admits that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
H. THE ORGANIZATION INVOLVED,
Local Union B-51, International Brotherhood of Electrical Work-
ers affiliated with the American Federation of Labor, is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On about November 10, 1944, Local B-51 requested recognition of
the Company as the exclusive bargaining representative of the operat-
ing employees of the DeKalb Division of the Company. The Com-
pany declined to recognize Local B-51 claiming that it had a contract
with the Association for a term ending December 31, 1945. The Com-
pany has been under contract with the Association since September
1, 1941. The last contract was executed on January 1, 1943, and con-
tains an automatic renewal clause under which the contract was re-
newed yearly subject to defeasance upon written notice by either party
at least 90 days prior to the termination of the yearly term. No
such notice has been given.
The grievance committee of the Association met with the Company
on a question of grievances for the last time in February 1944. There
were no meetings of either the Association or of the committee and the
Company, between that time and November 1944. Prior to November
1944,' all of the officers of the Association, with exception of the vice
president, left the employ of the Company; no employees were elected
to fill the vacancies thus created.' Early in November 1944, the griev-
ance committee of the Association met with the Company, primarily
for the purpose of obtaining information as to the continued existence
of the contract. The following day, on November 9, 1944, there was
a meeting of the Association at which time the vice president resigned
2 The last meeting of the Association at which officers were elected was held in April
1943.
CENTRAL ILLINOIS LIGHT COMPANY-' 1219
and the members present voted to disband and affiliate with the peti-
tioner herein. There have been no meetings of the Association since
November 1944, and no dues have been collected for, more than a year
prior to the date of the hearing.. Since the foregoing reveals that
the Association has ceased to function as the bargaining representative
of the employees under the contract and there is serious doubt as to
its very existence, we find that the contract is no bar to a present de-
termination of representatives.3
The Company, while not insisting that the contract is a bar to a
present determination of representatives, contends that the Board
should rule that Local B-51, were it designated as the exclusive bar-
gaining agent, should be limited to the administration of the existing
contract between the Association and the Company during the un-
expired term thereof. We find no merit in this contention 4
A statement of a Board agent, introduced into evidence at the
hearing, indicates that Local B-51 represents a substantial number of
employees in the unit hereinafter found appropriate.5
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
The parties generally agree that a unit of all production and dis-
tribution employees of the DeKalb Division of the Company, exclud-
ing office and clerical employees and supervisors would be appropriate.
Local B-51, however, would include the meter readers and the boiler
room foreman, while the Company would exclude them.
The boiler room foreman is paid on a monthly salary basis and
spends less than 20 percent of his time in manual work and over 80
percent in supervision. He has the power effectively to recommend
discharge and other changes in the status of those under his super-
vision. We shall exclude him from the unit.
The Company employs ' one, full-time and three part-time meter
readers who are salaried and work under the immediate supervision
of the office manager. They read meters and also distribute bills to
customers. Since, they are primarily clerical employees under office
supervision, we shall exclude them from the unit .6
s Matter of Columbia Baking Company . 54 N. L. R. B. 638; Matter of Memo Leather
Goods Company , 52 N L . R. B 625 ; Matter of Vulcan Corporation, 58 N. L . R. B. 733.
4 Matter of Wilson Packing and Rubber Company, 51 N. L. R. B 910.
5 The Field Examiner reported that Local B-51 submitted 34 cards ; that the names of
34 persons appearing on the cards were listed on the Company ' s pay roll which contained
the names of 42 employees in the appropriate unit ; and that the cards were dated 32 in
November 1944 and 2 were undated . At the hearing Local B-51 submitted 3 additional
cards to the Trial Examiner.
Matter of Boston Edison Company , 51 N. L . R. B. 118.
1220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Although there has been no issue raised as to the two line foremen,
it is apparent that they possess supervisory status under our usual
definition thereof. These foremen supervise and are in charge of
their respective crews, each of which, contains eight-or nine employees.
They spend over 90 percent of their time in supervising and have
the power to recommend hire, discharge, and change of status of those
under their supervision. We shall exclude them.'
We find that all production and distribution employees of the
DeKalb Division of the Company, including the coal handler foreman
and the steam 'foreman," but, excluding office and clerical employees,
meter readers, the boiler room foreman, line foremen, and all or any
other supervisory employees with authority to hire, promote, , dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act. '
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRiJnTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Central Illinois
Light Company, DeKalb, Illinois, an election by secret ballot shall be
conducted as early as possible, but not later than sixty (60) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Thirteenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
° See footnote 6, supra
8 The parties agree and we find that the coal handler foreman and the steam foreman do
not possess supervisory authority under the Board's customary definition thereof.
CENTRAL ILLINOIS LIGHT COMPANY 1221
date of this Direction, including employees who did not work during
the said pay-roll period because they were ill or on vacation or tem-
porarily- laid oj£, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those employees 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 or not they desire to be represented by
Local Union B-51, International Brotherhood of Electrical Workers,
A. F. L., for the purposes of collective, bargaining: