Detroit Edison Co.

National Labor Relations Board - Board Decisions

May 20, 1943

49 N.L.R.B. 975 (N.L.R.B. 1943)

In the Matter of DETROIT EDISON COiIPANY and LOCAL 223, UTILITY
WORKERS ORGANIZING COMMITTEE, C. I. O.
.Case No. R-5157.-Decided ' May 2O, 1943
Hull, Brown' & Fischer, by' Mr. Harvey A. 'Fischer, and Messrs.
P. J. Sdvage, R. E.' Greene, and W. •W. Williams, all of Detroit, Mich.,
for the Company: • " - I
I I 1 -1,
Sugar, Goodman, 'and Smokier, by Mr.' N. L'. Smoleler, and Mr.
Edward T. Shedlock, both of Detroit, Mich., for the U: W. O. C. '
'Mr. Lawrence F. Daly,-6f Washington, D. C., and, Mr. F. M.' Harris,
of Detroit, Mich.,'for the I: B. 'E. W.
'Mr. Wallace E Roy.ster, of counsel to the Board. - -
DECISION '
AND'"
DIRECTION OF ELECTION
STATEMENT OF THE CASE
'Upon an amended-petition' duly filed by'Local 223, Utility Workers
Organizing Committee, C. I. 0., herein called the•U.'W. O. C., alleging
that a question' affecting commerce had arisen concerning the repre-
sentation of employees "of Detroit Edison Company, Detroit; Michi-
gan; herein called the Company; the National Labor Relations Board
provided for an appropriate hearing upon due notice before Harold
A. Cranefield, Trial Examiner. Said hearing was held at Detroit,
Michigan, on April 9 and 10, 1943.' The Company, the U. W. O. C.,
and the International Brotherhood of, Electrical Workers, Local
Union B-17, herein ,called the I. B. E: W., appeared, participated, and
were afforded full opportunity to be heard, to examine, and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and,are hereby affirmed. At the hearing and in its
brief, the Company moved to dismiss the petition on the ground that
the unit sought is inappropriate. For the reasons appearing in Sec-
tion IV, infra, the motion is denied. All the parties have submitted
briefs which the Board has ' considered.
49 N. L. R ' B' , No. 142. "
J
975
97 6 , DEC ISION S OF NATIONAL LABOR RELATIO N S BOARID
Upon the entire record - in the case, the Board makes the following:
FINDINGS OF FACT
L THE BUSINESS OF THE COMPANY,
Detroit Edison Company Is' a New York corporation with its prin-
cipal offices and places of business in Detroit, Michigan. The Com-
pany is a public utility engaged in the generation and sale of elec-
tricity, to consumers in 13 counties situated in the south and east of
Michigan including the city and suburbs of Detroit. The Com-
pany operates several steam plants which use annually, approximately
2,000,000 tons of coal, all of which is^ shipped to 'the Company from
points outside Michigan. During.1942 the Company purchased gen-
erating equipment, repair parts, wire, 'and transformers valued in ex-
' cess of $1,000,000, all of, which was • shipped, to ,the Company from
points outside Michigan. The Company supplies electrical energy to
plants of General Motors Corporation, Chrysler Corporation, and
other manufacturing companies in the Detroit area as well as to
Michigan Central Railroad, Western Union Telegraph Company,
Postal Telegraph Company, and Michigan Bell Telephone Company.
While the Company denies that it is engaged in interstate commerce,
it is apparent that an interstate carrier,' 3 companies engaged in the
transmission of interstate communications, and manufacturers whose
products flow, in interstate commerce, depend to, some extent upon the
Company to supply. them with,electrical energy. Considering these
factors and,in addition the flow of fuel, repair parts, machinery, and
-^vire, through channels of interstate commerce to the Company, we are
satisfied, and find, that the Company is engaged in commerce within
the meaning of the National Labor Relations Act.,
II. THE ORGANIZATIONS INVOLVED
Local 223, Utility Workers Organizing Committee, C. I. 0., is a
labor organization, affiliated-with the Congress of^Industrial Organi-
zations, admitting to membership employees of the Company.
International Brotherhood of Electrical Workers, Local Union B-
17, is a labor organization, affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
It was stipulated at the hearing that the U. W: O. C. requested
recognition of the Company as exclusive bargaining representative
for the Company's employees in the underground lines division of the
Lines Department and that the Company refused such recognition
DETROIT EDISON COMPANR 977
without certification by the Board, on the ground that the unit sought
is inappropriate. The Company and the I. B. E. W. are parties to a
collective bargaining contract which appears to cover the overhead
lines division employees and approximately 50 percent of the em-
ployees working in the underground lines division. The contract be-
came effective as of July 9, 1942, and is to run from year 'to year,
terminable by notice 'of either party 30 days prior to any anniversary
date. The I. B. E. W. relies upon the contract as a bar to this pro-
ceeding but, since the contract has been in effect for nearly a year,
and since the initial term is about to expire, we find that the contract
is not a bar to a present determination of representatives."
A statement of the Regional Director introduced into evidence indi-
cates that the U. W. O. C. represents a substantial number of em-
ployees of the Company in the unit hereinafter found appropriate :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
. The operations of the 'Company are ' departmentalized and each
department is headed by a supervisor who has the power to hire and
discharge. There is no history of collective bargaining among the
Company's employees on other than a craft or departmental basis.
Employees in some' of'the departments are not organized, while in
other departments units have been carved out on a craft or functional
basis. The Company has entered into several consent election agree-
ments with the U. W. O. C., covering groups within some of the
departments and the Board recently approved a unit - embracing 19
dispatchers in the Company's Detroit line board office.3 The I. B. E. W.
claims to have represented employees of the Company for 30 years
but, until negotiation of the present contract, it appears that the
I. B. E.* W. his not represented employees in the underground lines
division. The present I. B. E. W. contract covers substantially all the
overhead lines division employees, the crane and elevator maintenance
men in the Building Operations Department, and the employees in the
cable section of the underground-lines division. <
Matter of United States Rubber Company, Indianapolis Branch, Indianapolis , Indiana,
and Local No 110 of the United Rubber Workers of America ( CIO), 41 N L R B 1005
2 The Regional Director stated that the U. W. 0. C submitted 87 application-foi-membei-
ship cards and authorization cards; all bore apparently genuine original signatures and
were dated from September 1942 to January 1943. Eighty -two cards boi e the names of
persons whose names appear on the Company's pay loll of March 24, 1943 Said pay roll
lists the names of 180 persons within the,appiopriate unit.
The I B E W. made no showing of membership but relies upon its contract to establish
its interests i
3Matter of Det,oat Edison Company and International Brotherhood of Electrical Wor1,-
ers, APL, Local B 1325, 40 N L R B 890
978 DECISIONS OF, NATIONAL -LABOR RELATIONS BOARD
;Iii its petition as amended at the hearing the, U., W.',O. C. seeks a
unit of all, underground lines ,employees including strawbosses, but
excluding all foremen, assistant foremen,, supervisory employees, and
clerical employees., The, I. ;B..E. , W. contends, that, the employees in
the overhead lines division and the ui derground,lines division together
constitute an appropriate, unit ; and would ;include all foremen of the
grades covered by, the existing contract. ,The, Company urges' that an
appropriate it would include the,employees- in both the , overhead
lines and underground lines divisions but would exclude all non-
working foremen. Since all'foremen have _definite,,substantial, super-
visory authority and are therefore representatives of management, we
shall exclude them from the unit.
The, Lines Departmeiitf is one of the Company's, major administra-
tive divisions and,is charged with the construction and maintenance
of the circuits which transmit electrical energy,produced,by the Com-
pany,to points,of consumption. The Company has about 30,000 miles
of circuits above ground and 3,000 miles.below ground. One division
of the Lines Department, the overhead lines division, constructs and
maintains the above ground circuits; the other division, the under-
ground lines division, lays and maintains the below surface circuits.
Overhead lines extend throughout the operating territory of the
Company. , The overhead lines division is-headed by a 'superintendent
in Detroit and, is geographically divided, into five field sections. Each
field section is under the direction of a supervisor and, each performs all,
the work on 'overhead. lines within pits area.- - The :employees in this
department are linemen, apprentice linemen, linemen helpers, ground-
men,, truck drivers, tree trimmers, pole pullers, earth borers, lamp
washers, and others. Apparently all are- covered by the I. B. E. W.
contract.- Their work is,exclusively on-overhead circuits.
,, Underground lines are principally within ,the..city of Detroit and,
its immediate environs. The underground, lines division-is headed by
a superintendent and is divided functionally into three sections, cable
section, tools and transportation section, and steam. and' conduit sec;
tion. Since most of the underground circuits are in or -near Detroit;
all but one of the employees,in this division are stationed there. The,
exception is -a cable splicer who is stationed in the North field section
and performs the uderground work in that .area. , When their skills
are needed in the field, underground division employees are dispatched
to the job from the Detroit, headquarters.. Although the functions of
this division ' are allocated to three sections, the work ',performed by
each section is. generally complementary to that performed by - the
others. The steam and conduit section places conduits 'under the
ground, using tools and equipment delivered to the site by the tools
and transportation section. 'The cable section employees then pull the
DETROIT EDISON COMPANY - 979'
cable through the conduit and splice the connections . At many points
throughout the city there are "potheads" which are junctions of over-
head and underground lines. The connection of underground lines
to-these "potheads" is made by underground lines employees ; the con-
nection of overhead lines is made by overhead lines employees. This'
task is done under unified supervision but neither division encroaches
on the duties of the other. While the function of both overhead line ,S•,
and underground lines is the same, the skills of the employees differ'-
materially . Cable splicing is a distinct recognized skill possessed and
used by underground employees only. Only overhead lines employees
have the skills of linemen. It appears fron-1 the record that the cable
section of the underground lines division is comprised chiefly'of cable
splicers and cable pullers. There is little evidence as to the skill'-of,
those employed in the tools and transportation section and the steam,
and conduit section. It does appear, however, that pipe fitters,'"veld-
ers, and pipe coverers are.elnployed in the steam and conduit section
and it does not appear that tliose possessing such skills are employed in",
the overhead lines division. Although at^ the hearing the I. B. E. W.,
disputed the appropriateness of the unit requested by the U. W. O. C.^
and contended thatthe unit should embrace both overhead and under-
ground divisions, it does not appear that any one labor organization'
has made an effectual attempt to organize all the employees in both-
divisions. The I. B. E. W. has no substantial membership in the
underground lines division outside the cable section . The U. W. O. C.
has no membership in the overhead lines division,
While the question is not free from doubt , we are persuaded that the!
employees in the underground lines division alone may form 'an ap=
propriate unit. The functional coherence of these employees. is
apparent and they form a clearly identifiable group. It is true that
their work complements and supplements that done by employees in
the overhead lines division but the line separating the duties of the two
divisions is'sharp and unmistakable . It seems that there is no over-
lapping of skills and , while mention is made in the record of a transfer
of an employee from one division to another, such transfers are infre-
quent. Indeed, from the evidence adduced at the hearing , it would
appear that the skills of the overhead lines division employees would
not be of peculiar value in the operations of the underground lines
division.
We find that the employees in the underground lines division of the
Company .including strawbosses but excluding foremen, assistant fore-
men, supervisory employees , and clerical employees , constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
531647-43-vol. 49-63
980 DECISIONS OF NATIONAL LABOR RELATIONS BOAItD
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 Elec-
tion 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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Detroit Edison
Company, Detroit, Michigan , an election by secret ballot shall be con-
ducted 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 Seventh 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 of
the Company in the unit found appropriate 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 themselves in person at `the polls , but excluding
those who have since quit or been discharged for cause , to determine
whether they desire to be represented by Local 223, Utility Workers
Organizing Committee , C. I. 0., or by International Brotherhood of
Electrical Workers,. Local Union B-17, A. F. of L., for the purposes
of collective bargaining , or by neither.