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🗞️ United Power Cooperative: NLRB Orders Stand-Alone Election at Colorado Electric Co-op

United Power Cooperative's system operators can unionize despite security monitoring duties, but won't join existing bargaining unit due to insufficient shared interests.

onthelaborfront

29 Jan 2026 — 2 min read

The National Labor Relations Board Region 27 issued a significant decision on January 29, 2026, clarifying the distinction between operational employees and statutory guards at United Power Cooperative, a Colorado electrical distribution cooperative. The International Brotherhood of Electrical Workers, Local 111 petitioned to add approximately five System Operators to its existing bargaining unit of service employees.

Regional Director Matthew S. Lomax addressed two critical questions: whether System Operators qualify as "guards" under Section 9(b)(3) of the National Labor Relations Act, and whether they share sufficient community of interest with the existing unit.

The decision found that System Operators, despite monitoring security cameras, building access systems, and alarm consoles 24/7, are not statutory guards because their primary responsibility is monitoring the electrical grid for outages and dispatching personnel—not enforcing security rules. Unlike the recent Sho-Me Power Electric Cooperative case where dispatchers were deemed guards, United Power's System Operators lack traditional guard functions including weapons possession, security training, rule enforcement authority, and regular security patrols.

However, the Regional Director determined that System Operators do not share sufficient community of interest with the existing Service Unit due to distinct work schedules (12.5-hour rotating shifts versus 8-hour day shifts), different job functions (monitoring/dispatching versus field work), no employee interchange, and separate immediate supervision. Therefore, the decision ordered a stand-alone self-determination election rather than an Armour-Globe election to add them to the existing unit.

The election was scheduled for February 11, 2026, at United Power's Carbon Valley Service Center in Longmont, Colorado. This decision provides important guidance on how the NLRB distinguishes between employees with incidental security monitoring responsibilities and those whose primary duties constitute statutory guard work.

Key Points

Not Guards: System Operators found not to be statutory guards despite 24/7 monitoring of security cameras, access systems, and alarms because security duties are incidental to primary responsibility of monitoring electrical grid
Primary Function Test: Decision emphasizes that guard status depends on whether security functions are primary responsibilities, not merely time spent on such duties
Distinguishes Sho-Me Power: Unlike recent precedent finding utility dispatchers were guards, United Power operators lack traditional guard characteristics including enforcement authority and security training
Stand-Alone Unit: System Operators will vote separately rather than joining existing bargaining unit due to distinct schedules, job functions, and lack of employee interchange
Community of Interest Lacking: Different 12.5-hour rotating shifts versus 8-hour day shifts, separate supervision, and distinct responsibilities weighed against combined unit
Operational vs. Security Role: Collaborative work with linemen on outage response and power restoration distinguished from security enforcement functions

Primary Source Author: Matthew S. Lomax, Regional Director, NLRB Region 27

Primary Source: Decision and Direction of Election, United Power Cooperative, Case 27-RC-371523

Primary Source Link: https://apps.nlrb.gov/link/document.aspx/09031d4584186ef4