Pacific Gas and Electric Co.

National Labor Relations Board - Board Decisions

Feb 15, 1938

5 N.L.R.B. 310 (N.L.R.B. 1938)

In the Matter of PACIFIC GAS AND ELECTRIC COMPANY and UNITED
ELECTRICAL & RADIO WORKERS OF AMERICA
Case No. R-274
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
February 15, 1938
On May 19, 1937, United Electrical & Radio Workers of America,
herein called the U. E. R. W., filed with the Regional Director for
the Twentieth Region (San Francisco, California) a petition alleg-
ing that a question affecting commerce had arisen concerning the
representation of the employees in the outside or physical forces of
Pacific Gas and Electric Company, San Francisco, California, herein
called the Company, up to and including the rank of job foremen, but
excluding executive and office employees, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On June 26, 1937, the National Labor Relations Board, herein
called the Board, acting pursuant to Article III,'Section 3, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
authorized the Regional Director to conduct an investigation and
provide for an appropriate hearing.
Pursuant to a notice of hearing duly issued and served by the
Regional Director upon the Company, the U. E. R. W., and upon
International Brotherhood of Electrical Workers, herein called the
Brotherhood, and California Gas and Electric Employees Union,
herein called the California Union, labor organizations named in the
petition as claiming to represent all the Company's employees, in-
cluding clerical employees, a hearing was held at San Francisco,
California, on July 22, 23, 26, 27, and 28, 1937, before Clifford D.
O'Brien, the Trial Examiner duly designated by the Board. The
Board, the Company, the U. E. R. W., the Brotherhood, and the
California Union were represented by counsel at the hearing.
During the hearing, Amalgamated Association of Street Electric
Railway and Motor Coach Employees of America, Local Division No.
256, herein called the Amalgamated, filed a motion for leave to inter-
310
DECISIONS AND ORDERS 311
vene, claiming that the Amalgamated represented certain of the em-
ployees of the Company engaged in the transportation of passengers in
and around the City of Sacramento, California. The parties raised
no objections and the Trial Examiner granted the motion.
Pursuant to notice, a hearing was held before the Board on August
17, 1937, in Washington, for the purpose of oral argument. Only the
U. E. R. W. and the California Union appeared. They were repre-
sented by counsel and participated in the oral argument.
On October 16, 1937, the Board issued a Decision and Direction of
Elections 1 and on November 20, 1937, the Board issued an Amend-
ment to the Decision and Direction of Elections.2 In its Decision
the Board stated that it appeared that the railway employees could
function equally well as a separate unit or as part of a larger unit.
The determining factor was to be the desires of the employees in this
disputed group. The Board therefore in its Direction of Elections,
as amended, provided that an election by secret ballot should be held
within sixty (60) days from the date of the Direction, under the
direction and supervision of the Regional Director for the Twentieth
Region, among those engaged in the operation of the streetcar and
motorbus system in Sacramento, California, including platform men
on the streetcars, shop men in the carhouses, and motor coach drivers,
excluding clerical and supervisory employees, to determine whether
they desired to be represented by Amalgamated Association of Street
Electric Railway and Motor Coach Employees of America, Local
Division No. 256, by United Electrical and Radio Workers of Amer-
ica, or by California Gas and Electric Employees Union for the
purposes of collective bargaining, or by none of them.
The Board stated that if a majority of the employees in this rail-
way group elected to be represented by the Amalgamated, then the
railway group would constitute a single, separate unit, but that if a
majority of the employees in the railway group elected to be repre-
sented by one of the unions other than the Amalgamated, it would
become part of a single unit with the outside or physical group, such
choice by them placing the employees of the railway group in the
larger unit.
Pursuant to the Direction of Election, as amended, an election by
secret ballot was conducted on December 15, 1937, by the Regional
Director for the Twentieth Region. Full opportunity was afforded
all parties to the investigation to participate in the conduct of the
secret ballot and to make challenges. On December 21, 1937, the
Regional Director for the Twentieth Region issued and duly served
upon the parties to the proceeding her Intermediate Report on the
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24 N L R B 180
80535-38-21
312 NATIONAL LABOR RELATIONS BOARD
ballot. No objection to the ballot or to the Intermediate Report, in
so far as it relates to the railway group of employees, has been filed by
any of the parties.
As to the results of the secret ballot the Regional Director reported
as follows :
Number of ballots counted------------------------------------- 147
Number of votes for Amalgamated Association of Street Electric
Railway and Motor Coach Employees of America, Local Division
No 256, A. F. of L------------------------------------------ 79
Number of votes for United Electrical and Radio Workers of
America, C. I. 0--------------------------------------------- 8
Number of votes for California Gas and Electric Employees Union- 60
Number of votes for none of the above organizations------------ 0
Number of blank ballots --------------------------------------- 0
Number of void ballots------------------------------------------ 0
Number of challenged ballots----------------------------------- 2
Upon the entire record in the case , the Board makes the following :
SUPPLEMENTAL FINDING OF FACT
We find that the employees engaged in the operation of the street-
car and motorbus system in Sacramento,' California, including plat-
form men on the streetcars, shop men in the carhouses, and motor
coach drivers, excluding clerical and supervisory employees, consti-
tute a unit appropriate for the purposes of collective bargaining, and
that such unit insures to these employees of the Company the full
benefits of the right to self-organization and to collective bargaining
and otherwise effectuates the policies of the Act.
Upon the basis of the above finding of fact and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSION OF LAW
Those employees of the Pacific Gas and Electric Company engaged
in the operation of the streetcar and motorbus system in Sacramento,
California, including platform men on the streetcars, shop men in
the carhouses, and motor coach drivers, excluding clerical and super-
visory employees, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
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, 49 Stat. 449, and pursuant to Article III, Section 8,
of National Labor Relations Board Rules and Regulations-Series 1,
as amended,
DECISIONS AND ORDERS 313
IT IS HEREBY CERTIFIED that Amalgamated Association of Street
Electric Railway and Motor Coach Employees of America, Local
Division No. 256, has been designated and selected by a majority of
those employees of the Pacific Gas and Electric Company engaged
in the operation of the streetcar and motorbus system in Sacramento,
California, including platform men on the streetcars, shop men in
the carhouses, and motor coach drivers, excluding clerical and super-
visory employees, as their representative for the purposes of collec-
tive bargaining and that, pursuant to the provisions of Section 9 (a)
of the Act, Amalgamated Association of Street Electric Railway and
Motor Coach Employees of America, Local Division No. 256, is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to wages, rates of pay, hours of work,
and other conditions of employment.