National Labor Relations Board v. Illinois-American Water Company Southern Division

933 F.2d 1368, 137 L.R.R.M. (BNA) 2513, 1991 U.S. App. LEXIS 11437
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 7, 1991
Docket90-1308
StatusPublished
Cited by26 cases

This text of 933 F.2d 1368 (National Labor Relations Board v. Illinois-American Water Company Southern Division) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Labor Relations Board v. Illinois-American Water Company Southern Division, 933 F.2d 1368, 137 L.R.R.M. (BNA) 2513, 1991 U.S. App. LEXIS 11437 (7th Cir. 1991).

Opinion

HARLINGTON WOOD, Jr., Circuit Judge.

The National Labor Relations Board (“Board”) seeks enforcement of an unfair labor practice order issued against Illinois-American Water Company (“Illinois-American”) on September 22, 1989. 1 The Board affirmed the Administrative Law Judge’s (“AU”) holding that Illinois-American violated section (8)(a)(l) of the National Labor Relations Act (“Act”), 29 U.S.C. § 158(a)(1), by threatening employees with loss of employment if the bargaining representative, Local No. 13, Office and Professional Employees International Union, AFL-CIO (“Union”), demanded that the terms of the collective bargaining agreement be applied to Illinois-American’s computer center employees. The Board also found that Illinois-American violated sections 8(a)(5) and (1) of the Act, 29 U.S.C. §§ 158(a)(5) and (1), by (1) refusing to recognize and bargain with the Union as exclusive bargaining representative of the appropriate bargaining unit; (2) refusing to apply the terms and conditions of the collective bargaining agreement to the computer center employees; and (3) refusing to supply information requested by the Union. We grant enforcement of the Board’s order.

I. BACKGROUND

Illinois-American Water Company is a privately-owned public utility that supplies and distributes water to the general public in certain areas of Illinois. A subsidiary of American Waterworks Company, Inc., Illinois-American is in the mid-American region of the parent company. The mid-American region’s headquarters are located in Richmond, Indiana. When the present conflict arose in 1986, the company was divided into a northern division, consisting of district offices in Peoria and Pe-kin, and a southern division, comprised of district offices in Alton, Granite City, East St. Louis, Cairo and Belleville. The Belle-ville district office closed in 1987 and is now the site of the corporate office and the computer center.

For many years, the Union has represented the company’s southern division employees in two bargaining units. 2 As defined in the 1986 collective bargaining agreement, one unit included “clerical employees, excluding management staff and supervisors” in the Alton district office. The other unit, which the union has represented since 1948 and which is the unit of concern in this petition, included “all office employees in [the Belleville, East St. Louis and Granite City] District Offices, exclusive of supervisory employees and confidential employees, including those employees performing group insurance and/or pension duties.” 3

Before the opening of the computer center, the company’s East St. Louis district office employees handled customer inquiries and requests for water service. Customers who visited personally were referred to customer service clerks. Telephoning customers would also be referred to customer service clerks. The actual duties of a customer service clerk included handling requests for the following: water service commencement or termination; billing information; transfer of service; meter checks and replacements; and street leak investigation. When handling customer requests, the clerks physically obtained and viewed account records that were prepared *1371 by other district office employees. Entry clerks in the district office entered information into route books and then sent their work to the Richmond headquarters. A radix computer was utilized for account investigation.

In 1985, Illinois-American began to consider implementing a computer system to store information and handle customer requests and inquiries. The Union’s business representative, Herbert Goodrick, learned about Illinois-Ameriean’s plans for computerization. Goodrick sent a letter to Illinois-American to request bargaining about possible changes by Illinois-American that would affect employees in the bargaining units represented by the Union. A reply letter from Illinois-American informed the Union that its plans were in the “embryo stage” and that company vice president and southern district manager, Thomas Conner, would meet with Goodrick in July 1986.

The first meeting concerning the changes actually occurred November 25, 1986. Conner and Robert McMillian, then-customer service representative in the East St. Louis office, attended for Illinois-American and Goodrick and unidentified persons represented the Union. At the hearing before the ALJ, McMillian explained that at the November meeting Conner outlined Illinois-American’s plans for a computer center, including the company’s intention that computer center employees would not be covered by existing union contracts. McMillian testified that Goodrick responded that he would organize the computer center employees if Illinois-American failed to recognize the Union as their representative. The ALJ credited McMillian’s testimony despite Goodrick’s denial of having made such a statement.

After that initial meeting, the Union repeatedly asserted that it was entitled to represent the computer center employees through the already existing district office bargaining unit, and Illinois-American held to its contrary position. At the hearing before the ALJ, Goodrick testified that Conner told him privately, in January or February 1987, that Illinois-American would hire twelve new employees and dismiss twelve bargaining unit employees if the Union continued to protest removal of computer center employees from the bargaining unit. Goodrick added that at a March 1987 meeting attended by other Illinois-American supervisors, Goodrick and two Union stewards, Conner asserted that the Union’s representation demands would cause Illinois-American to fire unit employees and fill computer center positions with new employees. The hearing testimony given by Goodrick, Conner and a Union steward, Mary Allen, contained discrepancies regarding the actual date of this meeting and the people in attendance. The ALJ credited Goodrick’s testimony and found that Conner did make such a threat.

As tension mounted between the Union and Illinois-American over the issue of the computer center employees, an additional problem surfaced. In letters in March and May 1987, the Union requested that Illinois-American supply to the Union the name, address, birth date, social security number, dates employed and employment status of each bargaining unit employee. Illinois-American denied the request in a letter dated May 14, 1987, and asked the purpose of such a request. Illinois-American explained that its concern for the privacy of its employees made it reluctant to release some of the information sought by the Union. The Union responded by letter on May 20, 1987, asserting that the information was necessary for it to fulfill its function in collective bargaining matters. On June 2, Illinois-American responded that it would not supply home telephone numbers or personal information, but enclosed copies of a monthly report of Union dues withheld from regular employees, and a weekly report of dues withheld from temporary employees. These reports listed the district offices where the employees worked.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Burke v. Utah Transit Authority & Local 382
462 F.3d 1253 (Tenth Circuit, 2006)
Nat'l Steel Corp v. NLRB
Seventh Circuit, 2003
Union Builders, Inc. v. NLRB
First Circuit, 1995

Cite This Page — Counsel Stack

Bluebook (online)
933 F.2d 1368, 137 L.R.R.M. (BNA) 2513, 1991 U.S. App. LEXIS 11437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-illinois-american-water-company-southern-ca7-1991.