Dallas Power & Light Co.

National Labor Relations Board - Board Decisions

Dec 27, 1944

59 N.L.R.B. 1260 (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. 16-8-951
SECOND SUPPLEMENTAL DECISION
AND
AMENDED CERTIFICATION OF REPRESENTATIVES
December 27, 1914
On September 19, 1944, the National Labor Relations Board issued
a Supplemental Decision, Certification of Representatives, and Order,'
certifying international Brotherhood of Electrical Workers, Local
B-69, AFL, herein called the Union, as the collective bargaining
representative of all employees of Dallas Power & Light Company,
Dallas, Texas, herein called the Company, 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, and Foremen-Line (super-
visory), Class A-1 and A, Foremen-Operating-Pole Setting, Foremen-
Operating-Transformer Repair, and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action.
As indicated in the Supplemental Decision, the Union, on Septem-
ber 11, 1944, filed a "Petition for Interpretation of the Board's Deci-
sion and Direction of Election ..." 2 alleging, in effect, that the
Company had indicated that it will refuse to bargain collectively
with respect to certain classifications of employees, contending that
such employees are supervisory within the meaning of the Board's
customary definition, and requesting a clarification of their status.
For this reason, the Board issued the Order of September 19, referred
to above, directing that the record in this proceeding be reopened
and a further hearing be held for the purpose of receiving evidence
with respect to the supervisory status of the classifications of em-
158 N. L R. B. 409.
2 Said Decision and Direction of Election is reported in 57 N. L. R. B. 791.
59 N. L. R. B., No. 228.
1260
DALLAS POWER & LIGHT COMPANY 1261
ployees which were the subject of the Union's petition, and referred
the proceedings to the Regional Director for the purpose of holding
said hearing.
Pursuant thereto, a hearing was held upon due notice at Dallas,
Texas, on October 14 and 31, 1944, before Glenn L. Moller, Trial Ex-
aminer. The Company and the Union appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-ex-
amine witnesses, and to introduce evidence bearing on the issues. The
Trial Examiner's rulings made at the hearing are free from prejudi-
cial error and are hereby affirmed. All parties were afforded an oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following
SUPPLEDIENTAL FINDINGS OF FACT
The Company contends that Foreman-Cable (all classes) and
Foreman-Utility in the Underground Lines Division; Foreman-Line-
Working (Classes B and C) and Foreman-Utility in the Overhead
Lines Division; S and Foreman-Service,- Classes A-1 and A, in the
Meter Division, are supervisory employees, and should, therefore, be
excluded from any collective bargaining unit. The Union contends
the contrary.
The record discloses that the Company has, at the present time,
no employees engaged as Foreman-Cable, Classes A and C; Foreman-
Service, Class A; Foreman-Utility-Pole Hole Digging; Foreman-Util-
ity Concrete; and Foreman-Utility-Cable Pulling. It further dis-
closes that the one person designated by the Company as a Class B cable,
foreman is presently engaged as an inspector and is not performing
the duties of a Class B cable foreman. Under these circumstances,
we shall make no disposition at this time with respect to any of the
afore-mentioned classifications, and the status of employees occupying
them in the future will be dependent upon the terms and conditions
of employment under which they will have been engaged. With
respect to the employee designated by the Company as a Class B
cable foreman, he, as an individual, shall be considered as part of
the collective bargaining unit so long as he is engaged in work of a
non-supervisory nature.
With respect to the remaining classifications in dispute, we shall
discuss their status infra, and shall amend our certification of Sep-
tember 19, 1944, in accordance with the findings hereinafter made.
Foreman-Cable-Underground Lines Division. This classification
is divided into four classes-A-1, A, B, and C, distinguished only by
8 It appears that Underground Lines Division and Overhead Lines Division are synony-
mous with Underground Construction and Overhead Construction Division . We shall,
therefore, construe the words "Lines" and "Construction" as interchangeable.
1262 DECISIONS OF NATIONAL LABOR `RELATIONS BOARD
length of service and minimum age requirements 4 The Company's
job description states that cable foremen supervise approximately 20
cable splicers and cable helpers ; lay out and plan work for subordi-
nates; assign work; supervise splicing of cable, installation and main-
tenance of cable, and related equipment ; and train cable splicers
and helpers. The wage scale for Foreman-Cable, Class A-1, is $280
per month, and this position is listed with the Treasury Department
for wages stabilization purposes. The record discloses that at the
present time the Class A-1 Cable Foreman has a crew of approxi-
mately 8 employees.
The Company's personnel director testified that the cable foremen
-are authorized to make changes in plans involving additional ex-
pense to the Company, provided they- do not constitute major in-
,creases in costs; that they have authority to recommend promotions
and that these recommendations are effective; that they can send
a recalcitrant employee to the office for his pay, and that, as a general
rule, when such an event occurs, the employee is discharged. He
admitted, however, that he knew of no instance in which such action
was taken.
The Class A-1 cable foreman testified that he had had as many as
24 persons working under him, and that he does not ordinarily engage,
in manual labor himself except when an emergency situation makes it
necessary; that he makes recommendations concerning changes of
status of subordinates which have sometimes been followed and at
other times have not been followed; that the Company calls upon him
to make recommendations and that he is "supposed to have" authority
to discipline, but he has never exercised it. He further testified that
he is .also "supposed to have" authority to discharge but he has never
done so; that he has reported men for violating rules, but does not
know of any instance where such employees were disciplined for the
violations; and that he has never been asked for a recommendation
'concerning the status of employees.
Since the testimony of the Class A-1 cable foreman indicates that
he is expected to and does exercise the functions of a supervisor as
part of his duties, we shall exclude him.
Foreman-Line (working)-Overhead Lines Division. The Com-
pany's job description states that the occupants of this position super-
vise one lineman and -one -helper, or a crew of 10 linemen and helpers-
when necessary; supervise the maintenance and construction of over-
head lines; and- inspect the work of the men in their crews. There
are two classes of foremen in this category-Classes B and C. The
Class B wage scale is $240 per month, and the class C wage scale is
$225 per month.' The Foreman-Line (supervisory), Class A, who
A Classes A, B, and C, have been referred to above.
-
a The Class C working line foremen never have more than two men under them.
DALLAS POWER & LIGHT COMPANY 1263
is superior to the working line foremen, receives $255 per month. The
classifications of supervisory line foremen 6 are listed with the Treasury
of the United States, whereas the working line foremen classifications
are listed with the War Labor Board.
The Company's personnel director testified generally that working
line foremen have authority to make effective recommendations with
respect to the status of employees, and that such recommendations
are given consideration by the Company. According to the testimony
of a Class A lineman, who actually had served as a working line
foreman, the working line foreman picks up written instructions each
morning at the office, drives a small truck in which fhe and his crew
go out to locations where work is to be-performed, and performs
manual labor alongside his men as part of a team. This witness stated
that he has never had a working foreman "order him to do anything";
that he had never given orders to a lineman while he himself acted as
foreman ; and that, if any difficult problems arose, the working fore-
man called the division head, who came to the scene and decided what
was to be done.
In view of the more specific testimony of this witness, and the en-
tire record, we are of the opinion that Foreman-Line (working),
Classes B and C, are not supervisory employees, and we shall include
them.
Foreman-Service-Meter Division. There are two classes of service
foremen-Class A-1 and A. The Company's job description states
that service foremen direct the work of two employees, a lineman and a
lneterman; that the functions of the service foreman's crew is to con-
nect lines from the main lines to the customer's premises and install
and test meters. It further states that service foremen drive a small
truck, and prepare reports on work done and materials used. The
record indicates that service foremen, Class A-1, receive $210 per
month, and that all classifications of service foremen are listed with
the War Labor Board.
According to the personnel director, the service foremen have au-
thority to recommend promotion, discharge, or disciplinary action,
and such recommendations are effective. On the other hand, a wit-
ness for the Union who worked in the distribution department for
23 years and had close contact with all of the categories herein in-
volved testified specifically than he never knew that service foremen
had authority to recommend changes in the status of employees, and
knew of no instance in which a service foreman attempted to dis-
cipline an employee.
6 As indicated in the original Decision in this proceeding , these employees are divided
into two classes-Class A-1 and A.
618683-45-vol. 59-81
1264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
From the record, we are of the opinion that the duties of employees
acting as Foremen-Service, Class A-1, are not clearly such as would
warrant their exclusion from the collective bargaining unit. We
shall, therefore, include them.
Foremen-Utility-Overhead Lines and Underground Lines Divi-
sion. The Company has -listed several classifications of utility fore-
men in both its Overhead Lines Division and its Underground Lines
Division. Thus, in the former division there are listed Tree Trim-
ming, Pole Hole Digging, Pole Hauling, and Concrete Utility Fore-
men ; and in the latter division there are.Cable Pulling and Excavat-
ing Utility Foremen. The salary range for utility foremen is-between
$110 and $170 per month, and all utility foremen classifications are
listed with the War Labor Board.
As hereinbefore indicated, we shall make no findings with respect
to Foreman-Utility-Pole Hole Digging, and Foreman-Utility-Con-
crete in the Overhead Lines Division and Foreman-Utility-Cable Pull-,
ing in the Underground Lines Division, positions which are not filled
at the present time. With respect to the remaining utility foremen,
the record indicates that they are manual workers who are assisted
in their duties by semi-skilled and unskilled personnel. Although
the Company adduced general evidence to the effect that all utility
foremen possess authority to make effective recommendations with
respect to the status of their crews, the record discloses that many of
the utility foremen were never told until recently that they possess
such authority or that they were also considered as supervisory em-
ployees. All these employees act as conduits for instructions, and
none of them appears to have authority to act upon his own initiative
when unforeseen circumstances arise. We are of the opinion that the
relationship between utility foremen and their, assistants is more that,
of skilled workers -to their helpers than that of supervisors to sub-
ordinates. Accordingly, we shall include all employees designated
as Foreman-Utility-Tree Trimming and Foreman-Utility-Pole Haul-
ing, attached to the Overhead Lines Division, and Foreman-Utility-
Excavating, attached to the Underground Lines Division.
AMENDED 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 (Lines) Division, Un-
DALLAS POWER & LIGHT COMPANY 1265
derground Construction ( Lines ) Division , Meter Division, and
Trouble Division , including senior clerks of the Trouble Division,
Foreman -Line ( working ), Class B and C, of the Overhead Lines
Division , Foreman - Service, Class A-1 of the Meter Division, Fore-
man-Utility -Tree Triniminb and Foreman -Utility -Pole Hauling of
the Overhead Lines Division , and Foreman -Utility-Excavating of-
the Underground Lines Division , but excluding stenographer 's, chief
clerks, senior clerks - of all divisions except the Trouble Division,
Foreman-Line ( supervisory ), Classes A-1 and A, Foreman - Operating
Pole Setting , Foreman -Operating -Transformer Repair , Foreman-
Cable, Class A-1, of the Underground- Lines Division , and all other
supervisory employees having authority to hire, promote , discharge,
discipline , or otherwise effect changes in the status of employees, or
effectively recommend such action , as their representative for the pur-
poses 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 , and other conditions
of employment.