Indianapolis Water Co.

National Labor Relations Board - Board Decisions

Apr 19, 1943

48 N.L.R.B. 1399 (N.L.R.B. 1943)

In the Matter Of INDIANAPOLIS WATER COMPANY, and INTERNATIONAL
BROTHERHOOD OF FIREMEN AND OILERS (A.:F. OF L.)°
Case No. B-5064.-Decided April 19, 1943
Jurisdiction : water utility industry.
.Investigation and Certification of Representatives : existence of question,: refusal
to accord petitioner recognition until certified by the Board; election necessary.
Unit Appropriate for Collective Bargaining : unit confined to employees in the
pumping department of the company, found appropriate in accordance with the
extent of organizational activity.
Messrs. Joseph J. Daniels and G. R. Redding, both of Indianapolis,
Ind., for the Company.
Messrs. Howard A. Plank and Michael J. Costello, both of Chicago,
Ill., for the Union.
Mr. David 'V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Fire-
men and Oilers (A. F. of L.), herein called the Union, alleging that
a question affecting commerce has arisen concerning the representa-
tion of employees of Indianapolis Water Company, Indianapolis, In-
diana, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Richard
J. Hickey, Trial Examiner. Said hearing was held at Indianapolis,
Indiana, on March 26, 1943. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to exam-
ine and cross-examine witnesses, and to introduce evidence bearing
on the issues. At the hearing the Company made a motion to dismiss
the petition on the ground that the Company is not engaged in com-'
merce within the meaning of the National Labor 'Relations Act, and
on the alternative ground that the unit claimed by the Union is not
appropriate. The Trial Examiner referred this motion to the Board.,
For reasons' appearing below, this motion is denied. , The Trial Ex-
aminer's rulings made at the hearing are free from prejudicial error
48 N. L. R. B, No. 173.
1399
1400 DECISIONS, OF NATIONAL LABOR- RELATIONS BOARD
and are hereby affirmed. The Company filed a brief which the Board
has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY :
Indianapolis Water Company, an Indiana corporation, with its
principal office located in Indianapolis, Indiana, is engaged in pump-
ing; filtering, purifying, and distributing water for commercial and
domestic use in the city of Indianapolis and its environs. For this
purpose it maintains plants and pumping stations entirely within the
State of Indiana. All sources of water are derived from points within
the State of Indiana, and all of its sales are made to customers within
the State of Indiana. However, in 1942 the Company purchased raw
materials valued at approximately $515,000, 'of which approximately
57 , percent was shipped to the Company from points outside the State
of Indiana. Approximately 8.6 percent of the total volume of metered
water was distributed to 6 interstate railroad companies from which
was derived approximately 3.6 percent of the gross revenue of the
Company. Approximately 16.6 percent of the total volume of metered
water was distributed to approximately 200 industrial concerns which
are concededly engaged in interstate commerce, and the total revenues
derived, therefrom amounted to approximately 7.7 percent of the
Company's gross revenue. The Company also distributes water to
various public utilities which consume approximately one-half percent
of the-total volume of metered water -distributed by the corporation
and the revenues derived therefrom amount to approximately four-
tenths of 1 percent of the Company's gross revenue. The Company
admits that any suspension or discontinuance of the Company's services
due to labor disputes or other causes would seriously burden and in-
convenience most of its- customers including those above-mentioned.
We find that the Company is engaged in commerce within the meaning
of the National Labor Relations Act.'
II. THE ORGANIZATION INVOLVED
International Brotherhood of Firemen and Oilers is a labor organ-
ization affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 8, 1943, the Union notified the Company in writing
concerning its claim of representation of employees at the Company's
IMatter of Interstate Water Company and Local 146 , Utility Workers Organizing Com-
mittee, affiliated with the Committee for Industrial Organization, 11 -N. L. R. B. 417.,
INDIANAPOLIS WATER COMPANY 1401
-pumping station. The Company, refused to recognize the' claim of
the Union on -the grounds that (a) it is not engaged in interstate
commerce, (b), the unit requested by the Union'is inappropriate, and`
(c) ,the, Company doubts the majority status of the Union. The
Company has'refused to recognize the Union as the exclusive bargain-
ing agent of its employees unless and until there has been a certifica-
tion by the Board. '
A statement of the Regional Director, introduced `into evidence at
the hearing, indicates that the Union represents a substantial number
of employees 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 Union contends that all employees of the Company engaged' at
its pumping stations, excluding supervisory and clerical employees,
constitute an appropriate unit. The -Company contends that the
appropriate unit should consist of all employees of the Company, ex-
cluding executives and professional, supervisory and clerical employees.
The record discloses that the Company operates an integrated
and, interrelated system for the purposes of supplying its customers
with water., The relationship between all of the departments of the
Company, and particularly the relationship between the purification
department and the pumping department, are very close. Regular
contact, made by telephone, takes place between these two depart-
ments for the purposes of gauging the duties of each and regulating
the supply of water. The record also shows some degree of inter-
changeability of personnel and that laborers attached to the pumping
department may be and are assigned to any of the other departments
of the Company. '
The Union has organized the employees at the three pumping sta-
tions operated by the Company, but has not accepted for member-
ship any other employees of the Company, t ssertedly because it did
not have jurisdiction over them. The Company does not now have;
nor has it had contracts with any labor organizations, nor is it now
dealing with any labor organization as the representative of its em-
ployees. ; '
While it thus appears that the various departments are operated
by the Company substantially as an integrated unit, and that such
a unit might therefore be appropriate, we have stated before' that
2 The Regional Director reported that the Union submitted 46 authorization cards con-
taining apparently genuine original signatures , of which 44 bore names appearing on the
Company's pay roll -of February 1, 1943. This pay roll contained 67'names in the appro-
priate unit..
1402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
whether an integrated enterprise or a division thereof constitutes-
an appropriate unit, will depend in part upon the extent of labor
organization, collective bargaining efforts, and similar circumstances.3
The Union, desiring a unit coterminous with the scope of its organ-
izational activities, is the only,labor organization which is now seek-
ing and is prepared to bargain with the Company for any of its
employees, and which has offered to prove its designation by a majority
of the employees in a unit claimed to be appropriate. There is no show-
ing that any other labor, organization is seeking to represent the em-
ployees in the unit claimed to be appropriate. To hold that the
pumping department employees are not an appropriate unit 'would
deny the benefits of the Act to these employees until they and other
employees of the Company in some, larger unit have been organized.
In order to render collective bargaining an immediate possibility,
we find that the unit requested by the Union, • composed of employees
of the Company engaged at the pumping stations, is appropriate,at
this time for the purposes of collective bargaining. We do not.there-
by preclude future reconsideration of the appropriateness of a larger
unit, should organization of the Company's employees be extended.
There remains for discussion certain' categories which are in dis-
pute between the parties. The Union would include within the
appropriate unit all watch engineers, relief watch engineers, and
storekeepers who are employed in the, pumping department of the
Company. The Company would exclude employees in these classi-
fications on the ground that they are either supervisory or clerical
employees. ,
The watch engineers supervise crews consisting of oilers, firemen,
and ashmen in the operation of all equipment in the engine and boiler
rooms of the pumping stations, and all motor and air well equipment.
They are paid a salary higher than those persons who work with,
them, with the exception of the master mechanic concerning whom
there is no disagreement. Among his duties, the watch engineer
checks attendance, makes reports, inspects equipment, and personally
starts and stops the pumping and oiler units; he also repairs faulty
equipment. He has the power to -bar employees from the pumping
station for insubordination or any other legitimate cause and can
recommend discharge. We find watch engineers are supervisory
employees and shall exclude them from the unit.
- The relief watch engineers receive the same salary as the' watch
engineers and have the same duties and powers, but are not assigned
'steadily to any particular pumping station. We shall exclude the
relief watch engineers from the unit.
' See Matter of Cities Service Ga s Co. and International Union of Operating Engtineers,
affiliated with the American Federation of Labor, 41 N. L. R. B. 648 , and cases cited therein.
INDIANAPOLIS WATER COMPANY 1403
The storekeeper receives and dispenses all stores' items except coal
and,all stock items including spare parts and supplies ; he requisitions
goods to be purchased , and is the custodian of all portable and hand
tools not regularly assigned . Among his duties is the maintenance of
store records. . The Company contends and we agree that the store-
keeper is a clerical employee. We shall therefore exclude him from
the unit.
We find that all employees in the pumping department of the Com-
pany, excludii g watch' engineers , relief watch engineers , helper fore-
man, master mechanic , executive , supervisory and clerical employees
(including storekeepers ), constitute a^unit appropriate for the pur-
poses 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.
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 Indianapolis Water
Company, Indianapolis , Indiana, 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 Ninth 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 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 employees
who have since quit or been discharged for cause , to determine whether
or not they desire to be represented by International Brotherhood of
Firemen and Oilers, affiliated with the American Federation of Labor,
for the purposes of collective bargaining.