Commonwealth Edison Co.

National Labor Relations Board - Board Decisions

Jun 7, 1944

56 N.L.R.B. 1297 (N.L.R.B. 1944)

In the, Matter Of COMMONWEALTH EDISON COMPANY and GENERATING
STATIONS WORKERS UNION
In the Matter Of COMMONWEALTH EDISON COMPANY and UTILITY
WORKERS UNION -
Inthe Matter of COMMONWEALTH EDISON COMPANY and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, A. F. OF L.
Cases Nos. 13-R-1576, 13-R-1821 and 13-R-1945 respeetvvely
SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
ORDER
AND
SECOND DIRECTION OF ELECTION,
June 7, 1944
On March 2, 1944, the National Labor Relations Board issued its
Decision and Direction of Elections in this ploceeding,1 and thereafter
on March 23, 1944, its Supplemental Decision and Amendment to
Decision and Direction of Elections.2 Pursuant thereto, on March 29,
1943, elections by secret ballot were conducted under the direction Sand
supervision of the Regional Director for the Thirteenth Region
(Chicago, Illinois). Upon the conclusion of the elections the Regional
Director, acting pursuant to Article III, Section 10; of National Labor
Relations Board Rules and Regulations-Series 3, issued and duly
served upon the parties Tallies of the Ballots. As to the balloting and
its results in Unit 1, the Tally shows as follows : `
Unit 1
Approximate number of eligible voters--------------------- 1,500
Valid votes counted---------------------------------------1,484
Votes cast for Utility Workers Union--------------------- 503
Votes cast for International Brotherhood of Electrical
Workers, A F. of L-/ ------------------------------------ 907
Votes cast against participating unions-------------------- 74
Challenged ballots---------------------------------------- . 4
Void ballots------------------------------ --------------- 1
1 55 N. L. R B. 465.
2 55 N. L. R. B. 732.
56 N. L. R. B., No. 229.
1297
1298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
None of the parties has filed objections to the result of the election
in Unit 1, within the time provided therefor. We shall make'no de-
termination with respect to the challenged ballots in Unit 1 for their
resolution cannot affect the result of the election: -
As to the-result of the election in' Unit 2, the Tally shows as follows :
Approximate number of eligible voters--------------------- 2, 200
Valid 'votes,counted-------------------------------------- 1,844
Votes cast for Utility Workers Union ---------
------------- 923
'Votes cast for International Brotherhood of Electrical
Workers, A.,,F.-of L---'--------------------------------- 828
Votes cast against participating unions-------------------- 93
Challenged ballots---------------------------------------- 49
Void.ballots' -'------------------------------------------- 3
Thereafter, the I. -B.' E. W. filed timely objections to the conduct of
the election in Unit 2. On May 11, 1944, the Regional Director issued
and duly served')on the parties his Report on Objections and Chal-
lenges. The I. B. E. W. has ,filed exceptions to this Report.
As to the challenges, the Regional' Director recommends that the
ballots of 42 persons not be opened or counted because 40 of them are
not employed in a category eligible, to participate in the election in
Unit 2 and 2 are not employees of the Company. We agree with his-
-recommendation and hereby'sustain the challenges to the 42 ballots 3
The- Regional Director further recommends that challenges to the 7
remaining'ballots be overruled since each such ballot was cast by a
person employed by the Company in a category eligible to participate
iri•the^election-in Unit 2 and was the only ballot cast by that person.
We agree with his' recommendation and hereby overrule the chal-
lenges to,the •7 ballots.4'
11 The, result of, our: determination of the challenges is that 7 ballots
are thereby added to the total of valid votes cast in Unit-2, bringing
that total tb 1,851 but,for -reasons appearing hereinafter, we shall not
direct that the-7 ballots be opened and counted. '
Aside from the question of 'challenged ballots, the I. B. E: W. has filed
a number of objections to the conduct of the election in Unit 2.' As its
9 Namely those of: Alice Grannan, Nita Devitt, Eleanor O'Connor, Grace Slattery, May
Coulon, Winifred Cunningham, M. Soelter,' June Wright, Arrist E. Edwards, Julia Davis
Thompson; Eleanor Ferguson,-Daniel H. Smith, Anna McDonald,, Bertha Miller, Sarah
Marks, C.,,L. Foster, Helen McSweeney, Ruth Barbera, Bertha Gehrka, G: Serrels, Edna
Wine, Catherine Swain, Leona F. Nody, Annar,Adamson, Florence Bradburn, Betty L.
Leach, Esther Johnson, G. Corinan, Marie C. Downs, John Fenlon, Bernice Tyson, Alice
Stier, E. Robinson, Sarah Brooke, Lorenzo Chieffo, A. B. Nicholson, Stanley Shaimauskas,
Frank Sokolowski, Bernard Cole, Erwin F: Frieberg, Keene Hall, and James Allstrom.
The Company and the I. B. E. W. agree that the listed persons are ineligible to participate
in the election in Unit 2. The U. W. U. also agrees except for its contrary contention with
respect to'the ballots of Frieberg, Hall, and Allsttom.
4 Namely those of : Gustav Lindquist, Archie B. Jones, Anthony Ruggiero, -Herbert
Kramer, Edward J. Ferrelly, John F. O'Sullivan,', and Joseph Wnenk.The Company and
the U, W U. agree that the challenges to the ballots of the listed persons be overruled.
The I. B. E. W. also agrees except for its contrary contention with respect to the ballot of
Joseph Wnenk.
. COMMONWEALTH EDISON COMPANY 1299
first objection, the 'I. • B. E. W. asserts that the U. W. U. prior to the
election had published a claim that a conspiracy existed between the
I. B. E. W: and governmental agencies to delay the conduct of an elec-
tion in order that the I. B. E. W. might have more time to organize.
The second objection is that Board agents were confused in the con-
-duct of the election, and that certain required lists of eligible voters
were not posted in the polling places.
The fourth objection is to the insistence of"the U. W. U. that certain
non-eligible employees present themselves at the polls and attempt to
vote. ' -.
The fifth objection is that our Supplemental Decision and Amend-
ment to Decision and Direction of Elections herein was issued so near
the date of the elections as to confuse the employees. ,
The sixth objection is that Notices of Election were,not posted suffi-
ciently in advance of the date of the elections.
The seventh objection is that the Company- discriminatorily re-
quired some of its employees to vote on their own time and forbade
them to use company vehicles in going to the polls.
The eighth objection has been abandoned.
These objections, although directed only to the conduct of the elec-
tion in Unit 2, if substantial, would apply with equal force to the con-
duct of the election in Unit 1. However, we find,in accordance with the
investigation of the Regional Director that none of the above-listed'ob-
jections raises substantial or material issues with respect to the conduct
of the election in Unit 1 or in Unit 2, and'they are-hereby overruled.
The third objection,of the I. B. E. W., however, rests upon more sub-
stantial grounds. The elections among employees in both units were
conducted on the same day, at the same polling places. A different col-
ored ballot was used for each unit. The I. B. E. W. has submitted affi-
davits from 6 employees, and the Regional Director, upon investiga-
tion, has stated that he accepts 'as true the statements of the affiants,
showing that 3 employees eligible to participate in the election in Unit 2
cast ballots in Unit 1, and that 7 employees eligible to participate in
the election in Unit 1 cast ballots in Unit 2. Further, an I. B. E. W.
observer states in his affidavit that a group of ' 20 employees from the
Crawford Generating Station were permitted to vote in Unit 1, al-
though it now appears that some of these voters may have been eligible
to vote in Unit 2.
Thus, it is evident that in at least 10 instances, plus an indeterminate
number of other instances not exceeding 20 in number, employees par-
ticipating in the elections received and cast the wrong ballots. These
errors cannot affect the results of the election in Unit 1, for they are
insufficient in number -to render that election ,inconclusive, and we are
satisfied that this dual election was, in general, carefully 'and efficiently
1300 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
conducted in accordance with adequate procedures designed to, ensure
proper identification of the eligible voters in each unit . Nevertheless,
the minimal errors which did occur are sufficient in number to affect
the results of the election in Unit 2.
Assuming the 7 ballots, concerning which we have overruled chal-
lenges, to be unspoiled , a total of 1,851 valid ballots were cast in Unit 2,
of which no choice on the ballot has received a majority. To open, and
count the 7 challenged ballots, would not serve to make the result of
the election in Unit 2 conclusive . Were the 7 ballots to be counted for
the U. W. U., the result would be 930 votes for the U . W. U. out-of a
total of 1,851, only 4 more than a majority. The certain error as shown
by, the affidavits , with respect ,to 10 ballots , 7 of which were erroneously-
counted'in Unit 2, and 3 of which were erroneously not cast or counted
in Unit 2, and the probability that a portion of 20 ballots cast and
counted in Unit 1 should have been cast and counted in Unit 2, affects a
number of ballots exceeding the margin by which, under any possible
computation, the plurality of votes received by the U. W. U. becomes a
majority. The result of the election would, accordingly, be speculative
at best, and we cannot issue a certification based upon such a result.
While we are persuaded that the incidence of error was minimal, we
find no alternative but to set aside thte result of the election in Unit 2
and to direct the conduct of another election in that unit. Since the
result of the balloting in Unit 2 cannot be made conclusive by opening
and counting the seven challenged ballots, we shall not direct that they
be opened and counted.
As we have stated elsewhere herein, the errors affecting the result
of the election in Unit 2 could not have affected the result of the election
in Unit 1, and therefore , we find no reason for withholding certification
of the I. B. E. W . in Unit 1.
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 Relations Act,
and pursuant to Article III, Sections 9, 10, and 11, of National Labor
Relations Board Rules and Regulations-Series 3,
IT IS HEREBY CERTIFIED that International Brotherhood of Electrical
Workers, A . F. of L ., has been designated and selected by a majority of
all employees of Commonwealth Edison Company , ` Chicago, Illinois,
carried on the "employee" pay rolls of the Generating Stations and
Substations ` departments , include gate officers, but excluding watch
officers, foremen boiler cleaners , foremen yard laborers, head janitors,
engineers junior grade , chief operators , employees carried on the
"management " pay rolls , clerical employees , technical employees, and
supervisory employees with authority to hire, promote , discharge,
COMMONWEALTH EDISON COMPANY 1301
discipline,'or otherwise effect changes in the status of employees or
effectively recommend such action, as their representative for the pur-
poses of collective bargaining, and that pursuant to Section 9 (a) of
the Act the aforesaid organization is the exclusive representative of
all such employees for the purposes of collective bargaining with re-
spect to rates of pay, wages, hours of employment, and other conditions
,of employment.
ORDER
AND
SECOND 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, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 3,' .
IT IS HEREBY ORDERED that the election by secret ballot conducted on
March 29, 1944, in, Unit 2 in the instant matter under the direction and
supervision of the Regional Director for the Thirteenth Region (Clii-
cago, Illinois), be, and it hereby is, set aside; and it is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Common-
wealth Edison Company, Chicago, Illinois, a second election by secret
ballot shall be conducted as early as possible but not later than thirty
(30) days from the date of this Second 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, subsection 2, in the Decision and Direction of Elections
herein as amended, who were employed during the pay-roll period
immediately preceding the date of this Second 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 em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but excluding any employees who have
since quit or been discharged for cause and have not been rehired or
reinstated prior to the date of the second election to 'determine whether
they desire to be represented by Utility Workers Union or by Inter-
national Brotherhood,of Electrical Workers, A. F. of L., for the pur-
poses of collective bargaining, or by neither.
CHAIRMAN MILISS took no part in the consideration of the above
Supplemental Decision, Certification of Representatives, Order and
Second Direction of Election.