Chicago District Electric Generating Corp.

National Labor Relations Board - Board Decisions

Jun 10, 1943

50 N.L.R.B. 376 (N.L.R.B. 1943)

,T
In the Matter of CHICAGO DISTRICT ELECTRIC GENERATING CORPORATION
and DISTRICT 50, UNITED MINE YORKERS - OF AMERICA
Case Nb. R-5339.- --Decided Jmw 10, 1943 -
Mr. Ralph, R. Bradley, of Chicago,• Ill:; for the Company.
Mr. Vernon Ford, of Chicago, Ill., for District 50.
Mr. William R. Cameron, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District 50, United Mine Workers of
America, herein called District 50, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Chicago District Electric Generating Corporation, Hammond, In-
diana, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Leon A.
Rosell, Trial Examiner. Said hearing was held at Chicago, Illinois,
on May 12, 1943. The Company and District 50 appeared, partici-'
pated, and were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence hearing on the
issues. The Trial Examiner's rulings 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
I. THE BUSINESS OF THE COMPANY
Chicago District Electric Generating Corporation, an Indiana cor-
poration, is engaged in the generation and transmission of electrical
energy at its Hammond, Indiana, plant. Approximately 75 percent
of the energy generated is transmitted to the State of Illinois, where
it is in turn distributed by public utility electric service in the city of
Chicago. The Company concedes that it is engaged in commerce
within the meaning of the National Labor Relations Act.
50 N. L R. B., No. 55.
376
CHICAGO DISTRICT ELECTRIC GENERATING CORPORATION 377
II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion admitting to membership employees' of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 6, 1943, District 50 by letter notified the Company that `it
represented a majority of the watchmen 'employ'ed by the Company
at its State Line Station and requested a bargaining `conference. •The
Company, replied that in view of the fact that watchmen had been
specifically excluded from a unit for which District 50 had previously
been certified' as bargaining representative as the result of a consent
eJection,'and lbecause District 50 had not been certified 'as representa-
tive of the watchmen, the Company could,not' accede to the request, and
referred District 50'to the Board.
A statement of the Regional Director, introduced in evidence at ,the
hearing, indicates that`District 50`'represents a'substantial number,of
employees in the'unit hereinafter found to 'be'appropriate.l'
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, ,
District 50 seeks a, unit composed of all watchmen and armed guards,
excluding the chief 'guards. The Company employs 27 watch patrol-
men and 3 gate officers. ' These plant-protection employees are super-
vised by 5 watch officers and a chief watch officer. All the watchmen
and officers are armed and have been sworn in as members of the aux-
iliary military police. The Company contends that, inasmuch as
they are subject "to certaili military control and discipline, these plant-
protection employees are not employees withinthe meaning of the Act.
We find that there is no merit in this contention. Although it appears
in the evidence adduced at the hearing that all members of the guard
force are subject to the Articles of War and may be commanded,
drilled, and instructed -as military units,, it also is shown that the
officer of the armed forces-in command has not superseded the civilian
guard officers and will normally exercise direct control only in matters
relating to military instruction and duties as auxiliary military police.
It is admitted, moreover, that wages, hours, and other conditions of em-
ployment, remain subject to negotiation between the plant-protection
employees and the Company.
11
'The Regional Director reported that District 50 had submitted 18 membership and
authorization cards, 11 being dated in February 1943, 6 in March 1943, and 1 in April 1943,
all bearing the apparently genuine original signatuies of persons whose names are on the
Company's pay roll of April 27, 1943, containing the names of 30 persons within the unit
claimed appropriate.
I-
f
t
378 DECISQONS OF NATIIONAL LABOR-RELATIONS BOAIRD
The Company also contended at'the he'arilig-that the duties of the
watchmen- are supervisory in nature 'and,that therefore a unit of the
plant-protection employees is -not-'an appropriate collective bargaining
unit. The' evidence reveals that the duties of the plant-protection em-
ployees are the duties customarily assigned to guards, of observing
the actions, of all, employees and otherpersons on, the premises, inspect-
ing packages taken iri` or out of the plant, preventing the entrance'of
all persons not properly authorized, and similar 'duties incident to
protection of the Company's property.- We have heretofore held that
plant-protection employees, having duties similar to those of the watch
patrolmen and gate officers here involved,, are not supervisors. No
sufficient evidence appears in the present case td justify a`departure
from our established policy.2
We find, contrary to the Company's contention, that all watch pa
trolmen and gate officers employed by the-Company, excluding the
watch officers and the chief watch officer, constitute a unit appro-
priate - for ,the purposes of collective ,bargaining within the ' mean-,
ing 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 Rela-.
Lions Act, and pursuant to Article III,- Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part '.of the investigation to ascertain,represent-
atives for the purposes of collective bargaining with Chicago Dis-•
trict Electric Generating Corporation, Hammond,. Indiana,, an elec-
tion, by secret ballot shall be conducted as early as possible, but not
later than thirty (30) days from the date of this Direction, under
2'See Matter of Frigidaire' Division, Ge?ieral Motors Corporation and United Electrical,
Radtio and Machine Workers of America (CIO), 39 N.,L. R. B. 1108; Matter of Chrysler
Corporation, Highland Park Plant and Local 114, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, affiliated with the C 1. 0., 44 N L. R. B 881;-Matter
of The Maytag Company and United Electrical, Radio and Machine Workers of America,
Local 1116, of ciliated with the Congress of Industrial Organizations, 44 N L R B 1265;,
Matter of McCormick Works, International Harvester Company and Metal Workers of
America, affiliated wtith the C. 1. 0 , 44 N. L. R. B 1332
CHICAGO DISTRICT ELECTRIC GENERATING CORPORATION 379
the direction and supervision of the Regional Director for the Thir-
teenth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Section 10, of said Rules
and Regulations, among the employees in the unit found appropri-
ate''in Section -IV, above, who were employed during the pay-roll"
period immediately-,,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 States who present them-
selves in person at the polls, but excluding any who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by United Mine Workers of America, District No.
50, for the purposes of collective bargaining.
4
•