Luzerne County Gas & Electric Co.

National Labor Relations Board - Board Decisions

Feb 5, 1943

47 N.L.R.B. 340 (N.L.R.B. 1943)

In ,the - Matter of LUZERNE COUNTY GAS & ELECTRIC COMPANY ;irrnd
LOCAL 262, UTILITY WORKERS ORGANIZING COMMITTEE , C. I. O. and
EMPLOYEES PLANT ASSOCIATION OF LUZERNE COUNTY -GAS -AND
ELECTRIC CO.
Cases Nos . RE-57 and R-4744.-Decided February 5, 1943
Jurisdiction : electric utility industry.
Investigation and Certification of Representatives : existence of question: con-
flicting_clainis of'rival representatives; election necessary. ,
Unit Appropriate for Collective Bargaining : company-wide unit found appro-
priate.notwithstanding request of one of organizations involved for a single-
plant unit, in view of integrated nature of Company's operations and organiza-
tion of employees throughout the system by, both, organizations.
Mr. James P. Costello, Jr., of Hazelton, Pa., for the Company.
Mr. Neil Chrisman, of Wilkes-Barre, Pa., for the Association.
Mr. Joseph M. Walsh, of Wilkes-Barre, Pa., for the C.'I. O.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petitions duly filed by Local 262 Utility Workers Organizing,
Committee, C. I. 0., herein called the C. I. 0., and by Luzerne County
Gas & Electric Company, Kingston, Pennsylvania, herein called the
Company, both alleging that a question affecting commerce had arisen
concerning, the representation of employees of the Company, the
National Labor Relations Board thereafter consolidated the cases
and provided for an appropriate hearing upon due notice before
Eugene M. Purver, Trial Examiner. Said hearing was held at Wilkes-
Barre, Pennsylvania, on January 6, 1943. The Company, the C. I. 0.,
nd Employees Plant Association of Luzerne County Gas and Electric
Company, herein called the Association, 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 ruling made at the hearing are free from preju-
dicial error and are hereby affirmed.
All of the parties have filed briefs which the Board has considered:
47 N. L. R. B., No. 41.
340
P
J
LUZERNE COUNTY GAS & ELECTRIC COMPANY 341
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Luzeriie County Gas & Electric Company is a Pennsylvania corpora-
tion, engaged in the generation and distribution of electric current.
It operates two generating plants, one at Plymouth, Pennsylvania,
and the other at Hunlock's Creek, Pennsylvania. The power is dis-
tributed through these plants and several substations, all but two of
which are automatic. All of the Company's physical properties are
located within Luzerne County, Pennsylvania. All of the coal used
in generating power, about 200,000 tons annually, is obtained from
points within the State. About $500.00 is expended annually for
chemicals. Total revenue for sales for 1942, to December 1, was
$2,858,157.. The Company distributed its power approximately as
follows: to householders, 16 percent; to industrial plants, 64 percent;
to local traction companies, 41/2 percent; to municipalities for street
lighting, 2 percent; and to other power companies, 131/2 percent.
The Company 'has filed one of the petitions herein and admits that
it is engaged in commerce within the rileaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local 262 Utility Workers Organizing Committee, affiliated with
the Congress of Industrial Organizations, is a labor organization ad-
mitting to membership employees of the Company.
Employees Plant Association of Luzerne County Gas and Electric
Company is an unaffiliated labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
There is no history of collective bargaining by any union with the
Company. Both unions were organized at about the same time. The
C. I. O. was granted a charter on October 15, 1942, and on October -19
it requested recognition. On November 5, 1942, the C. I. O. filed its
petition for investigation and certification.
The Association had a preliminary organizational meeting and at a
later meeting, September 30, 1942, adopted a constitution and bylaws.
Sometime during the month of October, the Association notified the
Company of its claim to represent the Company's employees, and the
Company, on October 30, filed its petition seeking a determination of
the representation dispute.
0
342 DECISIONS. OF NATIONAL LABOR RELATIONS BOARD
A statement by the Regional Director for the Board, introduced in
evidence at the hearing, indicates that the C. I. O. and the Association
each represents a substantial number of employees in the unit claimed
by each to be appropriate?
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 Company and the Association contend that all the production
and' maintenance employees of the Company, excluding supervisory
employees with the right to hire and discharge, constitute a unit appro-
priate for the purposes of collective bargaining. The C. I. O. contends
that the production and maintenance employees, excluding supervisory
employees with the right to hire and discharge, at the Company's
Plymouth plant constitute an appropriate unit.
The Company's entire system is within approximately an 8-mile
radius and its two power plants supplement each other in producing
electric power for the Company's customers. There is one plant super-
intendent who divides his time between the two plants. The character
of work in the plants is the same and the Company follows a company-
wide seniority plan. Wage scales are exactly alike.
Although the C. I. O. Local's charter, limits-its membership to em-
ployees in the Plymouth plant, a member of the Local's executive
committee testified that it was his understanding that its jurisdiction
included all of the non-supervisory employees of the Company. A'
vice president of the Local works at the Hunlock's Creek plant as do,
two members of its executive committee. The Regional Director of the
C. I. O. mailed letters to all the production and maintenance employees
of the Company, urging them to join the Local. ' These letters were
mailed after the petition requesting'the Plymouth plant unit had been
filed on behalf of the C. I. O. Local. These facts show that the C. I. O.
has from the beginning regarded the company-wide unit as appro-
priate and has attempted to organize the Company's employees on
that basis. The Association has organized employees on a company-
wide basis. -
Since the Company's operations are closely integrated and since both
organizations have organized or sought to organize employees through-
The Regional Director reported that the C I 0 submitted 51 cards , all bearing appar-
ently genuine signatures of employees at the Company' s Plymouth plant ; that the Asso-
ciation submitted a petition bearing 100 apparently genuine signatures of employees in the
Company's plants and substations All of the names on the above -mentioned cards and 97
of the names on the petition appear on the Company's pay roll of November 24, 1942, which
showed that 70 employees wei e located' at the Plymouth plant and 90 in the Hunlock's
Creek plant, substations , and maintenance crew.
LUZE,RNE C 'OUNTT GAS, & ELEC'T'RIC 'C'OMPAN'Y 343
out the system , we find that all the Company 's production and main-
tenance employees , exclusive of supervisory employees with the power
to hire and discharge , constitute a unit appropriate 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. I
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 Luzerne County
Gas & Electric Company, Kingston, Pennsylvania, 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 Fourth 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 appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including , any such employees
who did not work during said pay-roll period becatise 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 any who have since quit or been discharged
for cause, to determine whether they desire to be represented by Local
262 Utility Workers Organizing Committee, affiliated with the Con-
gress of Industrial Organizations, or by Employees Plant Association
of Luzerne County Gas & Electric Company, for the purposes of
collective bargaining, or by neither.