Dallas Power & Light Co.

National Labor Relations Board - Board Decisions

Sep 19, 1944

58 N.L.R.B. 409 (N.L.R.B. 1944)

In the Matter of DALLAS POWER & LIGHT COMPANY and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-69, AFL
Case No. 16-R-951
SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
AND
ORDER
September 19, 1944
On August 15, 1944, pursuant to a Decision and Direction of Elec-
tion issued by the Board on July 31, 1944,1 an election by secret ballot
was conducted under the direction and supervision of the Regional
Director for the Sixteenth Region (Fort Worth, Texas). Upon the
conclusion of the election, a Tally of Ballots was furnished the parties
in accordance with the Rules and Regulations of the Board.
The Tally indicated that of approximately 111 eligibles in the voting
group 92 cast valid votes, 64 of which were cast for the Union, and
28 against the Union.2
On August 19, 1944, the Company filed "Objections to the Conduct
of the Election and Conduct Affecting the Result of the Election,"
alleging in'substance, that the Tally of Ballots did not truly indicate
the approximate number of eligible voters in the appropriate unit.
On August 28, the Regional Director issued and duly served on the
parties a Report on Objections, finding that a substantial and repre-
sentative number of eligible voters participated in the election and
that the Objections of the Company raised no substantial and material
issues. He recommended that the Objections be overruled. On August
30, 1944, the Company filed Exceptions to the Regional Director's
Report on Objections, alleging, in substance, that there were ap-
proximately 137 eligible voters in the unit,3 that the Tally of Ballots
misstated this number, and that the effect of this error "is to establish
confusion and uncertainty regarding the unit of employees to be
157N.L.R.B.791. -
2 In addition , the ballots of five employees were challenged.
8 According to the Company , 42 of these employees are in the armed services of the
United States and 95 are presently engaged in the Company ' s manufacturing activities.
58N. L. R. B., No. 75.
409
410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
represented by the Bargaining Agent." It requested that the Tally
of Ballots be corrected so as to indicate that there were 137 eligible
voters in the appropriate unit.
On September 11, 1944, the Union filed a "Petition for Interpreta-
tion of the Board's Decision and Direction of Election of Date July
31, 1944," alleging, in effect, that the Company has indicated that it
will refuse to bargain collectively with respect to certain classifica-
tions of employees,` contending that such employees are supervisory
within the meaning of the Board's customary definition. On Septein-
ber 13, 1944, the Company filed a motion to dismiss the Union's
petition.
After due consideration of the Objections of the Company, the
Regional Director's Report thereon, the Company's Exceptions, the
Petition of the Union, the Company's motion to dismiss the petition,
and the entire record in the "case, we find, in accordance with the Re-
gional Director's Report, that a substantial and representative num-
ber of employees participated in the election, and that no substantial
and material issues affecting the conduct of the election have been
raised by the Objections. Whether or not there were 137 or 111 eligible
voters in the appropriate unit, it is clear that a majority cast ballots.
Obviously no confusion or uncertainty as to the unit results from the
alleged error in stating the approximate number of eligibles. Accord-
ingly, the Objections are overruled. However, there is insufficient
evidence in the record upon which to base a finding with respect to
those classifications of employees which are the subject of the Union's
Petition. Since the pay roll submitted by the Company containing
the eligible voters indicates that there are but 17 employees in these
classifications, and since it appears that only 5 sought to vote and
were challenged, it is apparent that the votes of employees in the dis-
puted classifications are insufficient to disturb the results of the elec-
tion. We shall, therefore, certify the Union as the collective bargain-
ing representative of those employees of the Company in the unit pre-
viously found appropriate. In addition, we hereby deny the Com-
pany's motion to dismiss the Union's petition, and shall direct that
the record be reopened for the purpose of receiving evidence with
respect to the supervisory status of the employees engaged in the classi-
fications in question. Upon the evidence thus obtained, we shall issue
a supplemental decision determining whether or not the employees
in these classifications form part of the collective bargaining unit for
which the Union will have been certified.
4 These classifications of employees are • Foremen, Line Working , and Foremen , Utility,
in the Overhead Lines Division Foremen, Cable , and Foremen , Utility, in the Underground
Lines Division ; and Foremen , Service, iri"the'Tiefei-Divisfon.
DALLAS POWER & LIGHT COMPANY 411
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 3, as amended
IT IS HEREBY CERTIFIED that International Brotherhood of Electrical
Workers, Local B-69, AFL, has been designated and selected by a
majority of all employees of Dallas Power & Light Company, Dallas,
Texas, engaged in its overhead construction division, underground
construction division, meter division, and trouble division, including
senior 'clerks of the trouble division, but excluding stenographers,
chief clerks, senior clerks of all divisions except the trouble division,
foremen-line (supervisory) Class A-1 and A, foremen-operating-pole
setting, foremen-operating-transformer repair, and all other super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, as their representative for the purposes
of collective bargaining, and that, pursuant to Section 9 (a) of the
Act, the aforesaid organization is the exclusive representative of all
such employees for the purposes of collective bargaining with respect
to rates of pay, wages, hours of employment, or other conditions of
employment.
ORDER
IT IS HEREBY ORDERED that the record in the above-entitled proceeding
be reopened and a further hearing be held for the purpose of receiving
evidence with respect to the supervisory status of employees of Dallas
Power & Light Company, Dallas, Texas, engaged as Foremen, Line
Working, and Foremen, Utility, in its Overhead Lines Division; Fore-
men, Cable, and Foremen, Utility, in its Underground Lines Division;
and Foremen, Service, in its Meter Division; and
IT IS FURTHER ORDERED that this proceeding be referred to the Re-
gional Director for the Sixteenth Region for the purpose of conduct-
ing such further hearing, and that the said Director be, and he hereby
is, authorized to issue notice thereof.