79 N.L.R.B. 1124 (N.L.R.B. 1948)

New York Telephone Co.

National Labor Relations Board - Board DecisionsSep 29, 1948

79 N.L.R.B. 1124 (N.L.R.B. 1948)

In the Matter of NEW YORK TELEPHONE COMPANY, EMPLOYER and UNION OF TELEPHONE WORKERS, PETITIONER Case No. 2-RC--382.-Decided September 29, 1948 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before a hearing offi- cer of the National Labor Relations Board. 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 case to a three-man panel consisting of the undersigned Board Members.* 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 employ- ees of the Employer. 3. A question of representation 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 2 of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : i The hearing officer granted a motion to intervene by Paul J. Wolf and Olaf Nilsen as representatives of certain of the Special Representatives of the Employer. They introduced authorizations , purportedly signed by a majority of the Special Representatives , empowering 14 individuals , including the Intervenors , to represent them in negotiations with the Employer . All of these 14 individuals were present at the hearing ; the Intervenors were selected by these 14 to represent the group . The Intervenors did not claim to be a labor organization at this time ; they did, not desire to appear on any ballot ; nor did they seek certification . They participated in the hearing to a very limited extent. While the granting of this motion to intervene is not in accord with our usual practice , we find the parties were not prejudiced by the limited participation of the Intervenors in this pro- ceeding. See Matter of The Nashville Corporation, 77 N. L. R. B. 145. Houston, Murdock , and Gray. s The Employer and the Intervenors contended that Special Representatives could not appropriately be included within the proposed unit. The Employer urged that these 79 N. L. R. B., No. 148. 1124 NEW YORK TELEPHONE COMPANY 1125 Employees in the Headquarters and Commercial Departments in the down-State area, including those classifications set forth in "Appen- dix A," 3 attached hereto and made a part hereof, but excluding all supervisors. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with New York Telephone Com- pany, New York City, 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 supervision of the Regional Direc- tor for the Second Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay- roll period immediately preceding the date of this Direction of Elec- tion, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding employees who have since quit or been discharged for cause and have not been rehired or reinstated 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 repre- sented, for purposes of collective bargaining, by Union of Telephone Workers. employees are professional employees within the meaning of Section 2 (12) of the amended Act The record shows that the Employer has changed its fob titles, and that the duties of employees classified as Special Representatives are comparable to the duties of employees who are classified as Customer Service (scheduled) Representatives in 1943, and not to the duties of employees designated Special Representatives in our decision. Matter of New York Telephone Company, 53 N L R B. 307. Special Representatives at present handle requests by the Employer's customers for installation and servicing of equipment, limited to a two-position switchboard or less Requests for more complicated equipment are handled by Service Engineers, whose inclusion in the unit is not sought by the Peti- tioner. Although 50 percent of the Special Representatives are college graduates, the Employer does not require a degree as a prerequisite to employment The job does not require a knowledge of engineering or mathematics, and is limited to the handling of predesigned equipment as set forth in manuals furnished by the Employer. When appointed as a Special Representative, the employee is given a short course of training not exceeding 3 weeks in length ; most of the Special Representatives are promoted from within the com- pany, and this training is designed to acquaint them with the more complex equipment they are to handle in their new position. No particular length of service is required before promotion to the position of Special Representative. We find that Special Repre- sentatives are not professional employees within the meaning of the Act, and we shall, therefore, include them within the proposed unit. 8 The parties are in agreement as to the proposed unit, with the exception of the Special Representatives , discussed above. 509095-49-vol. 79-72 1126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX A COMMERCIAL DEPARTMENT EMPLOYEES Title Office Assistant Correspondence Filing Clerk Directory Advertising Clerk Directory Order Clerk Distributing Clerk Final Accounts Clerk Order Filing Clerk Order Receiving Clerk Remittance Clerk Telephone Answering Clerk Toll Priorities Clerk Typist Advertising Adjustment Clerk Appeals Clerk Coin Counting Clerk Credit Information Clerk Directory Clerk Deferred Applications Clerk File Index Clerk Mileage Clerk Public Telephone Clerk Reports Clerk Results Clerk Service Order Clerk Service Order Typist Stenographer Tabulating Machine Clerk Teller Toll Services Clerk Business Office' Cashier (one or no subordinates) Directory Analysis Clerk Treatment Clerk Representative Commercial Representative Special Representative Order Reviewer Coach Occupational classro/ication -Messenger Class III Class V Class VI Representative Com'l Rep.- Special Rep. Order Reviewer Coach NEW'YORK TELEPHONE COMPANY 1127 Occupational I Title classification Observer Observer Coin Telephone Collector Coin Tel. Coll. Coin Box Sealer Coin Box Sealer HEADQUARTERS DEPARTMENT EMPLOYEES Messenger Messenger Office Assistant Clerical Assistant Laboratory Helper (N. S.) Class I Mail Clerk Junior Mail and Distribution Clerk Advertising Reviewing Clerk Clipping Clerk Comptometer Student Disbursement Clerk File Clerk Information Survey Clerk Medical Floor Attendant (N. S.) Class III Medical Record Clerk Office Service Clerk P. B. X. Clerk Proof Machine Clerk Rate Clerk Reception Clerk Reconcilement Clerk Survey Assistant Treasury Clerk Typist Bank Messenger (N. S.) Display Chauffeur's Helper (N. S.) Film Clerk Legal Floor Attendant (N. S.) Intermediate Legal Service Clerk L; ibrary Attendant (N. S.) Calculating Machine Clerk Chart Clerk Disbursement Record Clerk Engineering General Clerk Estimate Clerk File Classification Clerk General Library Clerk Line and,Station Data Clerk 1128 DECISIONS OE NATIONAL LABOR - RELATIONS BOARD Title Medical Reports Clerk Public Relations Clerk Reconcilement Record Clerk Staff General Clerk Stenographer Subpoena Clerk Tariff Clerk Telephone Review Clerk Treasury Record Clerk Voucher Audits Clerk Advertising & Information Clerk Advertising Records Clerk Apprisal Clerk Cash Reports Clerk Commission Records Clerk Coupon Teller Custody Clerk Display Clerk Engineering Studies Clerk General Library Assistant General Voucher Clerk Law Librarian Paying Teller Production Clerk Revenue Summary Clerk Special File Clerk Special Records Clerk Tax Records Clerk Display Chauffeur (N. S.) Docket Clerk General Books Clerk General Treasury Clerk Laboratory Assistant (N. S.) Law Stenographer Medical Stenographer Revenue Apportionment Clerk Traffic Studies Clerk Calendar Attendant Display Carpenter (N. S.) Engineering Estimate Clerk Occupational cia88if cation Class V Class VI Class VII NEW YORK TELEPHONE COMPANY Title Engineering Installation Clerk General Records Clerk Mail Service Clerk Display Artist (N. S.) DispIay`Photographer (N. S.) Draftsman (N. S.) General Reports Clerk Special Treasury Clerk 1129 Occupational clasarofcation Senior Special