Central Carolina Telephone Co.

National Labor Relations Board - Board Decisions

Jan 19, 1951

92 N.L.R.B. 1424 (N.L.R.B. 1951)

In the Matter of CENTRAL CAROLINA TELEPHONE COMPANY, EMPLOYER '
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL,
PETITIONER
Case No. 34-RC-228.-Decided January 19, 1951
DECISION AND DIRECTION OF ELECTION.
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Miles J. McCormick, 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 Act, the Board
has delegated its powers in connection with this case to a three-member
Panel [Chairman Herzog and Members Murdock and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer, a North Carolina corporation with executive
offices in that State, operates 10 telephone exchanges in North Carolina,
and 8 telephone exchanges in South Carolina. It operates a total of
10,475 stations, of which 6,475 are. in North Carolina and 4,000 in
South Carolina. Although none of its lines cross the State boundaries
of North Carolina and South Carolina,' the Employer is an agent
of the Bell Telephone System in sending and transmitting messages
to and from points located outside of these States. Its gross revenue
for the year 1949 was $613,464.48.
We find that the Employer, contrary to its contention, is engaged
in commerce within the meaning of the National Labor Relations Act 2
Moreover, in accord with the Board's recently announced policy of
asserting jurisdiction over instrumentalities and channels of inter-
state and foreign commerce, we find that it will effectuate the policies
of the Act to assert jurisdiction over this telephone system .3
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3 For this reason the Employer does not hold a certificate of public convenience and
necessity from the Federal Communications Commission.
2 Middle States Utilities Company of Missouri, Clinton County Telephone Company and
Andrew County Mutual Telephone Company, 81 NLRB 416; The Ohio Associated Telephone
Company, 82 NLRB 972.
3 See WBSR, Inc., 91 NLRB 630.
92 NLRB No. 217.
1424
CENTRAL CAROLINA TELEPHONE COMPANY, ETC. 1425
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 employees in the commercial, plant, and traffi., departments at
the Employer's North Carolina and South Carolina exchanges, ex-
cluding the employees of the agency offices at Holly Hill and Jefferson,
South Carolina, janitors, private secretary to vice president of Em-
ployer, chief operators, line foremen, construction foremen, district
combination men, district plant supervisors, district equipment super-
visors, local manager at Siler City, North Carolina, district manager
at Beaufort, South Carolina, general manager in charge of South
Carolina division, general office executives at Southern Pines, North
Carolina, traveling supervisor at Southern Pines, North Carolina,
and all other supervisors as defined in the Act 4
[Text of Direction of Election. omitted from publication in this
volume.]
4 As the individuals designated as "traffic supervisors " make effective recommendations
affecting the status of employees working under their direction , we find that they are super-
visors, and accordingly exclude them from the unit . Ozark Central Telephone Company,
83 NLRB 258; see also Smith and Barnett, 88 NLRB 740.