Milwaukee Gas Light Co.

National Labor Relations Board - Board Decisions

Jul 8, 1943

51 N.L.R.B. 166 (N.L.R.B. 1943)

In the Matter of MILWAUKEE GAS LIGHT COMPANY and UNITED GAS,
COKE & CHEMICAL WORKERS OF AMERICA (CIO)
Case No. B-5398
AMENDMENT TO DECISION
AND
DIRECTION OF ELECTION
July 8, 19V
On June 24, 1943, the National Labor Relations Board issued its
Decision and Direction of Election in the above-styled proceeding.'
On July 2, 1943, Local 12018, Gas & By-Product Coke Workers, Dis-
trict 50, United Mine Workers of America, herein called District 50,
filed its motion with the Board, asking that the Board grant a further
hearing, or, in the alternative, amend its Decision and Direction of
Election. Said motion to amend is hereby granted in the respects
and for the reasons hereinafter set forth.
In our Decision and Direction of Election on Page 4, Paragraph 3,
we stated :
The parties have stipulated that another category of employees,
known as "red order" formen, who supervise smaller gangs of
from four to six men, should be included in the unit.4 These
smaller gangs do repair and installation work on gas pipe under
4 inches in diameter. On occasion, the main line gangs have done
"red order" work when there was no heavier work available, and
likewise, "red order" gangs have done main line work. The "red
order" formen receive a slightly lower wage than main line fore-
men, but other than that, their status as supervisors is the same
as that of the main line foremen. - We shall exclude both main
line foremen and "red order" foremen from the unit.
4 The term "red order" arises from the fact that the instructions for smaller repairs
are set forth on red order forms.
District 50, in its motion, contends that it was "lulled into a sense
of security and did not present factual evidence concerning the nature
1 50 N. L. R. B 809
51 N. L. R. B., No. 37.
166
MILWAUKEE GAS LIGHT COMPANY 167
of the `red order' foremen's employment," and requests either that a
further hearing be held to permit the introduction of additional evi-
dence on the matter or that the Decision be amended to include red
order foremen in the unit.
Although such evidence as there is supports the above quoted con-
clusions and findings of fact with respect to the red order foremen,
the record is by no means complete with respect to this category of
employees. We will, therefore, provide that the inclusion or exclu-
sion of red order foremen shall depend upon whether or not they fit
the definition of supervisory employees hereinafter set forth.
Accordingly we hereby amend our Decision and Direction of Elec-
tion as follows :
1. By deleting therefrom Paragraphs 3 and 4 on Page 4, begin-
ning with the words "The parties have stipulated, etc." and ending
with the words "Section 9 (b) of the Act," and substituting in their
stead the following, to-wit :
In accordance with the stipulation of the parties and the foregoing
findings, we find that all production and maintenance employees in
the Meter Shops, Third Ward Works, Street Department, West
Works, and Meter Reading Department, including all electricians in
those departments, William Dern, Jr., Albert Nawrock, and William
E. Young, but excluding superintendents, assistant superintendents,
foremen, main-line gang foremen, yard foremen, and other super-
visory employees with authority to hire, discharge, promote, disci-
pline, or otherwise effect changes in the status of employees or
effectively recommend such action, chemists, assistant chemists, dis-
patchers, inspectors, clerks doing clerical work 80 percent of the time,
rural-service men, distribution engineer of the Street Department,
chief power-plant engineers, assistant chief power-plant engineers,
general foremen, supervisors of the Meter Reading Department, chief
storekeepers, and civil engineers, employed by the Company constitute
a unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
2. By inserting in the ninth line of Paragraph 2 of the Direction
of Election, following the words, "among the employees in the unit
found appropriate in Section IV, above," the words "as amended."