Pacific Telephone and Telegraph Co.

National Labor Relations Board - Board Decisions

Oct 16, 1944

58 N.L.R.B. 1042 (N.L.R.B. 1944)

In the Matter Of PACIFIC TELEPHONE AND TELEGRAPH COMPANY and
LOCAL 101, AMERICAN COMMUNICATIONS ASSOCIATION, C. I. O.
Case No. 19-R-1297.-Decided October 16, 1944
Mr. Joseph D. Holmes, for the Board.
McMicken, Rupp & Schweppe, by Mr. J. Gordon Gose, of Seattle,
Wash., for the Company.
Mr. A. J. Isserman, of Los Angeles, Calif., for the C. I. O.
Hill, Newman d Cook, by Mr. Matthew Hill, and Mr. DeWitt Tut-
tle, of Seattle, Wash., for the A. C. E. (Plant).
Mrs. Augusta Spaulding , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 101, American Communications
Association, affiliated with the Congress of Industrial Organizations,
herein called the C. I. 0., alleging that a question affecting commerce
had arisen concerning the representation of employees of Pacific Tele-
phone and Telegraph Company, Seattle, Washington, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before J. J. Fitzgerald, Trial
Examiner . Said hearing was held at Seattle, Washington , on July
13, 14, 17, 18, and 19, 1944. The Board, the.Company, the C. 1. 0.,
«nd Associated Communications Employees ( Plant), herein called
A. C. E. (Plant), appeared; participated, and were afforded full op-
portunity to be heard, to examine and cross -examine witnesses, and to
introduce evidence bearing on the issues. At the conclusion of the
hearing, the Company and the A. C. E. (Plant) moved that the peti-
tion be dismissed on the ground that the unit proposed therein was
not appropriate for bargaining purposes. For reasons which appear
in Section IV, below, the motions are denied. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
58N L . R B, No. 197.
1042
PACIFIC TELEPHONE AND TELEGRAPH COMPANY 1043
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Pacific Telephone and Telegraph Company, with Southern Cali-
fornia Telephone Company and Bell Telephone Company of Nevada,
its wholly owned subsidiaries, is engaged in receiving and transmit-
ting intrastate and interstate communications in Washington, Idaho,.
Oregon, Nevada, and California. For administrative purposes the
territory served by the Company and its subsidiaries is divided into
the four geographical areas descriptively known as (1) the Wash-
ington-Idaho area; (2) the Oregon area, both of which are- served
by the Company; (3) the Northern California-Nevada area, which is
served by the Company, and Bell Telephone Company of Nevada; and
(4) the Southern California area, which is served by Southern Cali-
fornia Telephone Company.
The Company and its subsidiaries maintain a system of wire net-
work in the territory served. As of December 31, 1943, they owned
and operated approximately 2,568,432 telephones and 32,688 miles of
toll lines, 8305,966 miles of wire, excluding drop and block, wire, and
832 central offices. As of the same date, the Company and its sub-
sidiaries employed 43,174 persons, of whom 6 ,387 persons were located
in the Washington-Idaho area, which is the only area of the Company
directly involved in the instant proceeding.
The Company admits that it is engaged in commerce, within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Local 101, American Communications Association, is a labor organi-
zation affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
Associated Communications Employees (Plant) is a labor organiza-
tion affiliated with the National Federation of Telephone Workers,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 18, 1944, the C. I. O. asked the Company for recog-
nition as bargaining representative of toll maintenance employees in
the Washington-Idaho area. On February 2, 1944, the Company
refused to recognize the C. I. 0., alleging that the A. C. E. (Plant)
was the exclusive bargaining representative of these employees.
On May 16, 1941, the Company entered into a wages and hours-
agreement with the A. C. E. (Plant), covering employees in the plant
1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
department in the area, and effective until 90 days' written notice to
terminate should be given subsequent to May 16, 1942. On June 17,
1941, the same parties entered into a supplementary agreement. On
December 15, 1941, the Company, in a formal document, recognized the
A. C. E. (Plant) as the exclusive bargaining representative of all non-
supervisory employees in the plant department of the Washington-
Idaho area. On February 9 and April 30, 1942, and on November 2,
1943, the Company and the A. C. E. (Plant) executed additional agree-
ments, each supplementary to the master agreement, respecting wages
and working conditions of plant employees. - The February 9, 1942,
agreement contained no provision for termination independent of
the original wage contract. The April 30, 1942, agreement was made
effective as of March 1, 1942, and for a period of 1 year thereafter.
The November 2. 1943, agreement was made effective as of September
1, 1943, and subject to termination by 90 days' notice subsequent to
September 1, 1944. On May 26, 1944, the same parties entered into
a new agreement, effective as of September 1, 1943, and subject to
termination upon 90 days' notice subsequent to August 31, 1944.
The Company and the A. C. E. (Plant) contend that these contracts
constitute a bar to a determination of representatives at this time.
We do not agree. The basic contract of May 16, 1941, has been in
effect for more than 1 year and is presently terminable on notice of
90 days. Other agreements are supplementary and subject to this basic
agreement. The agreement of November 2, 1943, is subject to ternu-
nation upon notice of 90 days subsequent to September 1, 1944, which
date has now passed. The agreement of May 26, 1944, was entered
into subsequent to the institution of the instant proceeding. Whether
or not the provisions of this contract are binding upon the employees
concerned until the termination of the 90-clay period subsequent to
September 1, 1944, neither the basic agreement of May 16, 1941, as
extended, nor the agreement of November 3, 1943, precludes a present
investigation and determination of representatives for the purpose of
negotiating a new contract covering the employees concerned in this
proceeding at the conclusion of the present contract term?
A statement prepared by a Field Examiner and introduced into evi-
dence at the hearing indicates that the C. I. O. represents a substan-
tial number of employees in the unit proposed as an appropriate bar-
gaining unit.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
1Matter of Dain Manufacturing Company, 41 N L. R. B. 1056 , and cases cited therein;
of Matter of M. P. Moller , Inc, 56 N . L. R B. 16
2 The C. I. 0 submitted 68 authorization cards , of which 67 bear apparently genuine
signatures of toll maintenance employees listed on the Company ' s pay roll of April 28, 1944.
There are approximately 110 employees in the proposed bargaining unit.
PACIFIC TELEPHONE AND TELEGRAPH COMPANY 1045
IV. TIIE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The C. I. O. contends that toll maintenance employees, apart from
other employees in the Company's Washington-Idaho area, consti-
tute an appropriate bargaining unit. The Company and the A. C. E.
(Plant) contend that toll maintenance employees should not be sep-
arated from other plant employees in the area for bargaining purposes
and that the unit proposed by the C. I. O. is not an appropriate bar-
gaining unit.
As noted in Section I, above, the Company with its subsidiaries
maintains telephone and telegraph service in Washington, Idaho, Ore-
gon, Nevada, and California. Since 1930, it has divided the territory
served into four geographical areas: (1) the Washington-Idaho area,
(2) the Oregon area, (3) the Northern California-Nevada area, and
(4) the Southern California area. The instant proceeding directly
concerns employees in the Washington-Idaho area, which is subdivided
into three administrative districts. The Company divides its opera-
tions functionally in six departments : (1) administrative, (2) ac-
counting, (3) commercial, (4) engineering, (5) traffic, and (6) plant 3
departments. The plant department of the Washington-Idaho area,
the only department of the area directly involved in this proceeding, is
in charge of a general plant manager, under whom are three district
managers in charge of plant work in the three several districts in the
area.
The maintenance and repair of the Company's buildings and prop-
erties=as distinct from the installation, maintenance, and repair of
its telephone equipment-is a function of the plant department and
is in each district in charge of a supervisor of buildings, supplies, and
motor vehicles, who reports directly to the plant manager. The con-
struction of outside plant 4 facilities is in charge of the construction
section of the plant department, and construction superintendents in
the three districts report to the general plant manager through their
respective district plant managers concerning the work of linemen,
cablemen, etc., over whom they have supervision. Other employees
in the plant department under district plant managers are (1) station
installers and station repairmen, (2) central office maintenance em-
ployees, and (3) toll maintenance employees. Station installers and
station repairmen, including exchange PBX installers and repairmen
who care for complicated exchange equipment set up in large fac-
tories, hotels, etc., install and maintain telephone equipment on the
premises of the subscriber. Central office and toll- employees, how-
$ The term "plant" means telephone equipment and characterizes the department that
installs, maintains , and repairs telephone equipment , and the employees engaged in such
work
4 Outside plant facilities include the construction and maintenance of wires and cables
and other telephone equipment between the central office and the subscriber 's premises.
1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ever, work on the Company's properties. Central office maintenance
employees, including deskmen, switchmen, framemen, central office
repairmen, and powermen,5 test, maintain, and repair "exchange" 8
equipment on the Company's property. Toll maintenance employees,
including telegraph repeatermen, testboard men, transmission men,
and toll central office repairmen,' test, repair, and maintain equip-
ment used for long distance transmission. More specifically, they set
up telegraph and'teletypewriter circuits and test and adjust repeater
equipment, they deal with customers who purchase teletypewriter and
telegraph service from their employer, and they use the Morse tele-
graph code for communication between toll offices. Their work re-
quires constant communication with toll employees in other areas and
outside their employer's territorial boundaries. They make trans-
mission tests, test and monitor radio program circuits and equipment,
and locate and clear trouble on such circuits and equipment. Toll
maintenance employees operate mobile emergency radio equipment,
make necessary patches or switches at the line and amplifier panels,
and =perform routine maintenance work on toll office equipment. They
keep records associated with their work. Toll maintenance employees'
in the three districts work under district toll superintendents, who do
not have jurisdiction over station and central office work.
The job categories under toll and central office employees indicate,
respectively, different craft skills.8 Without special training, central
office employees cannot perform toll maintenance work, and vice versa.
Toll employees regularly perform work in more than one toll mainte-
nance category and a similar situation exists among central office
,cmployees. Some employees, especially those assigned to localities
where the toll and central office work is light, are combination men and
work on both toll and central office facilities." The practice of the
Company is to classify its employees as "toll" or "central office" em-
ployees, depending upon the type of equipment on which each crafts-
mait regularly spends 51 percent or more,of his time. The record does
not disclose how many combination central office-toll employees are
employed in the area. In the Washington-Idaho area, there,are
approximately 1,450 employees in the plant department, of whom
5 Powermen generally maintain equipment to furnish power for the operation of both
toll and central office equipment
6 "Exchange" equipment indicates equipment for local, as distinct from "long distance,"
calls
7 Radiomen is a job category listed under toll maintenance employees. The Company
presently hires no radiomen. "Ship to shore" and "shore to ship" services are operated by
remote control and serviced by transmission men
8 The work of deskmen and testboard men is, however, comparable. These employees
similarly operate test switchboards for the testing of central office and toll equipment,
respectively. They make the tests by communicating with employees in other toll or
central offices, on outside plant, or on the premises of the Company's subscribers.
9 This results in some overlapping of supervisory jurisdiction over toll and central office
maintenance employees.
PACIFIC TELEPHONE AND TELEGRAPH COMPANY 1047
approximately 100 employees are classified as toll maintenance em-
ployees. The C. I. O. would include in its proposed craft unit em-
ployees classified by the Company as toll maintenance employees and
would exclude combination "central office-toll" employees not so classi-
fied. We shall consider as "toll maintenance" employees only those
classified by the Company as such, and we shall deem excluded from
any unit found appropriate as result of this proceeding employees
whose combination work does not entitle them to this classification
by their employer.
Prior to 1919, employees of the Company's plant department were
organized by the I. B. E. W. on a system-wide basis. Subsequent to
1919, toll maintenance employees on a system-wide basis joined a toll
craft organization called Association of Pacific Telephone and Tele-
graph Repeatermen and Toll Testboard Men, commonly called the
Repeatermen's Association.10 The Company entered into collective
bargaining agreements with the Repeatermen's Association covering
its members until 1931. At this time the operations of the Company
and its wholly owned subsidiaries were reorganized on a four-area
geographical basis. The Repeatermen's Association as a system-wide
organization consequently disbanded, and bargaining for the Com-
pany's employees, including toll employees, thereafter continued in
units corresponding to the respective administrative areas of the Com-
pany's operations. From 1931 to 1937, the Company bargained with
its toll employees in the Washington-Idaho area through an area-wide
repeatermen's organization as part of an employee representative plan.
At that time, a majority of employees in this repeatermen's organiza-
tion decided to join the A. C. E. (Plant), the intervenor in this pro-
ceeding, an organization which included other plant employees in the
same area.,' Since 1937, the Company has recognized the A. C. E.
(Plant) as the exclusive bargaining representative of its plant em-
ployees, including toll maintenance employees, in the Washington-
Idaho area, and has entered into written agreements with that organi-
zation.
In 1939, toll maintenance employees in the Northern California-
Nevada area and in the Southern California area formed Order of
Repeatermen and Tell Testboard Men, an unaffiliated organization,
popularly called the O. R. T. T. This organization attempted to ex-
tend its memership to include toll maintenance employees in the
Oregon and Washington-Idaho areas, but with little success. The
Company, upon request, refused to recognize the O. R. T. T. as the
1° The term "repeatermen" is commonly used to include toll maintenance employees as a
group , although only one classification of toll maintenance employees is strictly termed a
"repeaterman."
11 Employees of the Company in the accounting , commercial , and traffic departments also
bargain with their employer through affiliated organizations known as the A. C. E. (Ac-
counting ), A. C E. (Commercial ), and A C. E. ( Traffic ), respectively.
1048 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
exclusive bargaining representative of the toll maintenance em-
ployees in a company-wide four -area unit and, as a result, the
O. R. T. T . on August 8, 1939, filed a petition for investigation and
certification of representatives with the Board, alleging that toll em-
ployees in the four geographical areas constituted a single bargaining
unit. On April 27, 1940, the Board issued a Decision and Certification
of Representatives , in which it found that toll maintenance employees
in the Northern California-Nevada and the Southern California areas
constituted an appropriate unit and certified the O . R. T. T. as their
exclusive bargaining representative . 12 Toll employees of the Oregon
and Washington -Idaho areas were excluded from this craft unit of
toll employees . Each member of the Board wrote a separate opinion
concerning their exclusion. Chairman Madden held that the
O. R. T. T. had not shown a substantial membership among the toll
maintenance employees in the Oregon area or in the Washington-
Idaho area sufficient to justify either a certification upon the record
or elections among such employees. Mr. Edwin Smith held that since
bargaining for the Company's toll employees in the Oregon and
Washington -Idaho areas , respectively , between 1937 and 1940 had been
on a plant departmental basis , and not on a craft basis , toll main-
tenance employees in the Oregon and Washington-Idaho areas should
not be separated for bargaining purposes from the broad depart-
mental units then existing. Mr. Leiserson expressed the opinion that
the Board was not authorized to take toll maintenance employees,
presently an integral part of broader bargaining groups in the Oregon
and Washington -Idaho areas , and transfer them into another bargain-
ing unit, and further pointed out that only a small minority of em-
ployees in these two areas had as yet signified any interest in the
O. R. T. T.
The Company and the Intervenor contend that the decision thus
expressed is conclusive on the unit issue for toll maintenance em-
ployees in the Washington-Idaho area, and point out.that _an addi-
tional 3 years of bargaining on a plant departmental basis in this area
makes it now even less desirable to separate toll maintenance em-
ployees from other plant employees in the departmental unit. The
C. I. O. does not agree.
We have frequently stated that what employees constitute an ap-
propriate bargaining unit depends upon all the circumstances exist-
ing at a given time. It seems clear that toll maintenance employees
in the area are clearly identifiable as a specially skilled group of
craftsmen . At the time of the prior representation proceedin toll
employees in the Washington-Idaho area had not evinced sufficient
interest in the O. R. T. T . to require the Board to make a decisive
1 2 23 N. L R B 280.
PACIFIC TELEPHONE AND TELEGRAPH COMPANY 1049
finding whether the bargaining history upon an area departmental
basis precluded these employees from inclusion in a craft unit with
other toll maintenance employees of the Company on a multiple
area basis. The preliminary showing herein by the C. I. O. of a
substantial interest among employees in its proposed craft unit makes
it presently necessary for us to determine this issue. It is clear that,
since the prior representation proceeding, the additional years of
bargaining between the Company and toll employees in this area on
a departmental, rather than a craft, basis indicate the appropriate-
ness of the departmental unit including toll maintenance employees
so established and presently claimed by the Company and the A. C. E.
(Plant). We have held in certain not infrequent cases that a history
of bargaining on an industrial basis precludes the later severance of
craft employees in a separate bargaining unit, if such craft employees
have become completely merged and fused with other skilled and un-
skilled employees in the larger single bargaining group 13 The Com-
pany and the A. C. E. (Plant) urge that this policy is applicable to
the situation presently before us involving the Company's toll mainte-
nance employees. We do not agree.
American Telephone and Telegraph Company, herein called the
American, is a corporation which, with its subsidiaries and affiliates,
supplies intrastate and interstate telephone and telegraph service on
a national basis. The "long lines" department of the American,
comprised of toll maintenance employees, is a separate operating
department, providing interstate long distance telephone facilities
necessary to connect independent and affiliated telephone companies
in the United States, except on the Pacific Coast. On the Pacific
Coast, the operation of the long lines work is not managed directly
by the American, but is in charge of the Company herein concerned,
which performs such work for the Pacific Coast through the toll
employees in the four areas of the Company's operation. The Com-
pany is, however, affiliated and controlled by the American, which
owns a majority of its stock. :14
Since 1940, the American has bargained with Federation of Long
Lines Telephone Workers, a labor organization affiliated with the
National Federation of Telephone Workers, for non-supervisory em-
ployees of its long lines department.15 Toll maintenance employees
13 Matter of Harnssehfeger Corporation, 55 N. L. R B 909.
14 Toll employees of the Company do some work for the long lines department of the
American , but the record does not indicate how substantial this work may be. Employees
of the Company sometimes refer to its "long lines department." As noted above, in the
Company's administrative set-up, the toll employees do not constitute a "department," but
subsections of districts in the plant depaitment, presided over by supervisors who report
to district managers , who in turn i eport to the general manager of the plant department
Supervision over the Company 's toll employees is thus fused with supervision of other plant
employees at the level of district supervision. Such fusion promotes the effectiveness of
the Company 's utility services
' Matter of American Telephone and Telegraph Company, 55 N. L R B. 327.
1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Company, as noted above, bargained on a company-wide basis
from 1919 until 1931, when the Company for its own administrative
purposes divided its territory into the four present territorial areas.
This change in administative supervision induced a breakdown of the
RepeatermerVs Association, through which the prior bargaining for
toll employees on a company-wide basis had been accomplished. Toll
maintenance employees in the Washington-Idaho area nevertheless
continued to bargain with their employer as a craft group oii the
area basis until 1937, when they joined the A. C. E. (Plant). Since
then, as locals of this departmental association, they have preserved
craft identity, even though they have not negotiated bargaining agree-
ments with their employer as an autonomous group of craftsmen.
Toll maintenance employees in the Oregon area likewise bargain as
part of a plant departmental unit, although with greater independence
as craft locals of the bargaining representative. Toll employees in
the Company's Northern California-Nevada and Southern California
areas have bargained on craft basis since 1940.
Wd cannot ignore the obvious integration and coordination of toll
maintenance work performed by toll maintenance employees in the
four areas of the Company and similarly skilled craftsmen- in the long
lines department of the American, nor can we limit the collective bar-
gaining history of toll maintenance employees pertinent to the issue
before us to the immediate and recent bargaining between the Com-
pany and the A. C. E. (Plant). In view of the past bargaining rela-
tions between the Company and its toll maintenance employees be-
tween the years 1919 and 1931, in view of the bargaining relations
between the Company and its toll maintenance employees in all areas
since that time, and in view of the functional coordination and over-all
control of toll maintenance employees of the Company and toll main-
tenance employees of the long lines department of the American, we_
are of the opinion that the bargaining of toll maintenance employees
in the Washington-Idaho area on a plant departmental basis since
1937 is not conclusive of the appropriateness of the inclusion of toll
maintenance employees in the Washington-Idaho area in a plant de-
partmental unit. We believe that toll maintenance employees in the
Washington-Idaho area may properly bargain either as a separate
bargaining group or may remain part of the departmental unit with
which they are now associated. We shall make no finding with respect
to the unit appropriate for these toll employees until we hold an elec-
tion among them to determine whether they desire to be represented
by the C. I. O. If a majority of toll maintenance employees of the
Company in the Washington-Idaho area select the C. I. O. as their
bargaining representative, we shall conclude that these employees
desire to bargain on a craft basis through the C. I. 0. as do toll main-
PACIFIC TELEPHONE AND TELEGRAPH COMPANY 1051
tenance employees presently in the Company's Northern California-
Nevada and Southern' California areas . If a majority of these em-
ployees do not select the C. I. O. as their bargaining representative,
we will dismiss the petition. filed herein.
The Company employs PBX repairmen who work on private branch
exchange equipment and are generally classed as central office exchange
employees. In addition to these employees, the Company also employs
approximately 10 PBX repairmen who spend their working time on
repair and maintenance of teletypewriters. The C. I. O. would in-
clude in its proposed bargaining unit of toll maintenance employees
PBX repairmen in this latter group. PBX repairmen who spend
their time on the repair and maintenance of teletypewriters perform
their work on the premises of the subscriber or'on the Company's
property, but do not work in central office spaces where toll mainte-
nance employees service toll equipment. They test teletypewriters
through the testboard men in the toll center, just as do linemen and
cablemen who work on outside toll plant equipment. Employees who
maintain the circuit over which teletypewriter messages are sent are
toll employees who monitor the equipment in the toll office to see that
the circuit is conditioned for the service. PBX repairmen who service
teletypewriters are not classed as toll maintenance employees by the
Company. They are, however, subject to toll supervision and, so far
as the record discloses, are the only employees not classed as toll mainte-
nance employees who are subject to this supervision. PBX repair-
men who work principally on teletypewriters in the Oregon area are
included in the contract for toll maintenance employees in'that area.
Such PBX repairmen were included in former contracts between the
Company and the Repeatermen's Association when that organization
was the bargaining representative for toll employee members in the
Company's employ. Although PBX teletypewriter repairmen are
not classed as toll maintenance employees by the Company and are
not generally competent to interchange work with employees in that
classification, we shall include in the voting group,of toll maintenance
employees all PBX teletypewriter repairmen Who work under toll
supervision.
Since the A. C. E. (Plant) is the recognized bargaining representa-
tive of all employees in the plant department, we shall provide that
the A. C. E. (Plant) shall participate with the C. I. O. in the election
which we shall now direct. Those eligible to vote in the election shall
be all toll maintenance employees of the Company in the Washington-
Idaho area, including PBX teletypewriter repairmen under toll super-
vision, but excluding supervisory employees within our usual defini-
i ion of that term, who were employed during the pay-roll period im-
mediately preceding the date of this Decision and Direction of Elec-
tion, subject to the limitations and additions set forth in the Direction.
1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in _ the National
Labor Relations Board" by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Pacific Telephone
and Telegraph Company, Seattle, Washington, an election by secret
ballot shall be conducted as early as possible, but not later than thirty
(30) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Nineteenth Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, among all toll maintenance employees in the Washington-
Idaho area who were employed during the pay-roll period immedi-
ately preceding the date of this Direction, including PBX teletype-
writer repairmen under toll supervision and, employees who did not
work during the said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding all supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees or effectively recommend such action, and any employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, to determine
whether they desire to be represented by Local 101, American Com-
munications Association, C. I. 0., or by Associated Communications
Employees (Plant), for the purposes of collective bargaining, or by
neither.