American District Telegraph Co. of San Francisco

National Labor Relations Board - Board Decisions

Jun 9, 1950

90 N.L.R.B. 272 (N.L.R.B. 1950)

In the Matter of AMERICAN DISTRICT TELEGRAPH COMPANY OF SAN
FRANCISCO, EMPLOYER, and INTERNATIONAL ASSOCIATIONS OF MA-
CI-IINISTS, DISTRICT LODGE No. 115, PETITIONER
Case No. 20-IfC--801.-Decided June 9, 19^. 0
DECISION AND ORDER
Upon a petition duly filed, a hearing was held before Benjamin
B. Law, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this proceeding to a three-member panel [Chairman Herzog and Mem-
bers Reynolds and Styles].
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 involved claims to represent certain em-
ployees of the Employer.
3. The Petitioner seeks to represent a unit limited to employees of
the Employer's plant department in Oakland, California.
The Employer, a California corporation, supplies various forms of
protection against fire, unlawful entry, and other hazards by means of
electrical devices installed on the property of its customers. The
Employer's operations in Oakland are divided into 2 departments, an
operating department and the plant department here sought by the
Petitioner. The operating department has about 15 employees, who
work in and out of the central station. These employees receive
signals from the alarm equipment on customers' premises and are
dispatched to investigate such signals and take appropriate action.
We find that these employees are not guards within the meaning of
the Act.' The plant department, with which we are here concerned,
I We find no merit in the contention of the Employer that its onerations do not affect
commerce within the meaning of the Act. American District Telegraph Company, 84
NLRB 102 id.., 89 NLRB 1228.
"American District ,Telegraph Company, 89 NLRB 1228. For reasons adverted to in
the dissenting opinion in the foregoing case. Member Reynolds would find the unit sought
herein to be appropriate. However, he deems himself bound by the majority opinion in
that case.
90 NLRB No. 45.
272
AMERICAN DISTRICT TELEGRAPH CU. OF SAN FRANCISCO 273
is located about 21/2 blocks from the central station of the operating
department. The employees in the plant department are primarily
engaged in the inspection, installation, and repair of the electrical
alarm devices on the customers' premises.
The record shows no reason why the employees in the Employer's
operating department should not be included in a unit with those in
the plant department. We therefore find that the unit sought by the
Petitioner, from which the operating department employees would be
excluded, is not appropriate.'
Accordingly, we find that no question affecting commerce exists
within an appropriate bargaining unit, and we shall dismiss the
petition filed herein.'
ORDER
Upon the basis of the foregoing findings of fact and the entire
record in the case, the Board hereby orders that the petition for
investigation and certification of representatives of the employees
of American District Telegraph Company of San Francisco, Oak-
land, California, filed by International Association of Machinists,
District Lodge No. 15, be, and it hereby is, dismissed.
3 Americana District Telegraph Company, supra.
* Tennessee Packers, Inc., 87 NLRB 90.
903847-51-vol. 90-19