American District Telegraph Co.

National Labor Relations Board - Board Decisions

Aug 5, 1948

78 N.L.R.B. 864 (N.L.R.B. 1948)

In the Matter Of AMERICAN DISTRICT TELEGRAPH COMPANY, EMPLOYER
and LOCAL No. 11, INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS, A. F. OF L., PETITIONER
Case No. 21-RC-12/.Decided August 5, 1948
DECISON
AND
DIRECTION OF ELECTION
After the filing of the petition herein, the parties to the proceeding
entered into a stipulation, which is hereby accepted, waiving a hearing
and providing for a Board determination on the basis of the petition
and stipulation alone.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of Chairman Herzog and
Members Murdock and Gray.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.'
2. The labor organization named below claims to represent em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All plant and operating department employees of American Dis-
trict Telegraph Company, Los Angeles, California, excluding sales
employees, office and clerical employees, professional employees,
guards,2 and all supervisors as defined in the Act.
I
For the reasons stated in Matter of American Dist act Telegraph Company of San Fran-
cisco, 78 N L. R B. 150 , we reject the Employer's contention that its operations do not
affect commerce within the meaning of the Act.
8 The term "guards," as used herein, does not refer to men employed to guard the property
of customers of the Employer, instead, it refers to those employees, if any, who guard the
Employer's own premises. See Matter of Brink's Incorporated, 77 N L R. B. 1182.
78 N. L. R. B., No. 116.
864
AMERICAN DISTRICT TELEGRAPH COMPANY
DIRECTION OF ELECTION
865
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than 30
days from the date of this Direction, under the direction and supervi-
sion of the Regional Director for the Twenty-first Region, and sub-
ject to Sections 203.61 and 203.62 of National Labor Relations Board
Rules and Regulations-Series 5, among the employees in the unit
found appropriate in paragraph numbered 4, above, who were em-
ployed during the pay-roll period immediately preceding the date of
this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bargain-
ing, by Local No. 11, International Brotherhood of Electrical Work-
ers, A. F. of L.
MEMBER GRAY took no part in the consideration of the above Decision
and Direction of Election.
11