Southeastern Telephone Co.

National Labor Relations Board - Board Decisions

Aug 14, 1946

70 N.L.R.B. 4 (N.L.R.B. 1946)

In the Matter of SOUTHEASTERN TELEPHONE COMPANY, EMPLOYER and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, PETI-
TIONER I
Case No. 10-.]? -1791.Decided August 14,1946
Mr. John C. Ansley, of Tallahassee , Fla., for the Employer.
Mr. L. L. Dick and Misses Julia 0. Parker and Ethel B. White, of
Atlanta, Ga., and Mr. George L. Sands, of Tallahassee, Fla., for the
Petitioner.
Mr. Conrad A. Wickam, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Talla-
hassee, Florida, on May 23 and 24, 1946, before John W. Coddaire, Jr.,
Trial Examiner: The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
The Employer's motion to dismiss the petition on the ground that
the Board lacks jurisdiction in the absence of proof that the Petitioner
has a substantail interest among the employees of the Employer is
hereby denied.'
Upon the entire record in the case, the National- Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Southeastern Telephone Company is a Florida corporation having
its main office at 218 Park Avenue, Tallahassee, Florida. It is an affil-
iate of the American Utility Service Corporation, a holding company
and a Delaware corporation, with headquarters in Chicago, Illinois.2
' Matter of O. D. Jennings cE Company, 68 N L. R. B. 516.
3 On May 1, 1946, the Central Telephone Company purchased the majority of stock in
American Utility Service Corporation . However, it appears that the impending change in
corporate structure will not affect the personnel of the Employer . Meanwhile , the Em-
ployer continues to operate under the jurisdiction of the original parent corporation until
such time as the Central Telephone Company can take over on an operative basis.
70 N. L. R. B., No. 2
4
SOUTHEASTERN TELEPIIIONE COMPANY 5
The Employer is engaged in the business of furnishing telephone facili-
ties to customers located in the States of Florida and Georgia. In the
State of Florida it operates exchanges in Tallahassee, Bonifay, Crest-
view, Monticello, Madison, Valparaiso, De Funiak Springs, Fort
Walton, Greenville, and Shalimar. In the State of Georgia its ex-
changes are in Alapaha, Abbeville, Adel, Ashburn, Fitzgerald, Mar-
shallville, Metter, Montezuma, Mount Vernon, Nashville, Ocilla,
Oglethorpe, Perry, Quitman, Unadilla, and McRae. The Employer
handles both local and toll calls, and services approximately 12,154
stations in the area serviced by the above exchanges. Local and toll
business originates at all of these exchanges. The great majority of
the toll business is passed to the Southern Bell Telephone Company,
even for transmission between points owned by the Employer.
The plant facilities of the Employer are valued in excess of
$1,000,000. For the year 1945 it purchased operational materials in
the approximate amount of $75,000. The large percentage of this
material came from'Atlanta, Georgia, for the facilities and exchanges
located in Georgia, and from Jacksonville, Florida, for those located
in Florida, although it originated from manufacturers located in other
States.
It is impossible to make a local or long distance telephone call within
the areas of the exchanges serviced by the Employer except through
the facilities it provides.
We find that the Employer is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks a unit of all employees of the Employer except
for those having supervisory status. Although initially the Em-
ployer apparently urged the establishment of two separate units of
plant and traffic employees as appropriate , it now appears to be in
6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
accord with the Petitioner as to the appropriateness of a unit em-
bracing employees of all its departments., It does, however, differ
with the Petitioner concerning the inclusion of certain categories of
employees which are discussed below.
The Employer is headed by the vice president and general manager,
under whom are its Georgia division manager and its three main
divisions, the traffic, plant, and commercial departments, each headed
by a general manager. The traffic department is charged with the
operation of the Employer's facilities, the plant department with the
construction and maintenance of these facilities, and the commercial
department with the Employer's administrative functions. In addi-
tion to its manually operated exchanges, the Employer operates a few
automatic exchanges which, except as,hereinafter noted, normally re-
quire no employees other than those required for maintenance, as well
as several agency exchanges operated under contract by the contracting
• agents. The parties agree that the cashier, information operator, and
plant personnel at the Quitman, Georgia, automatic exchange should
be included. They are also agreed on the exclusion from the unit of
the vice president and general manager, the Georgia division manager,
the three department managers, the traffic district supervisor, the two
plant superintendents, the plant engineer, the purchasing agent, the
auditor of receipts, the commercial supervisor, the commercial repre-
sentative for Georgia and Florida, the chief operator and assistant
chief operator at Tallahassee, Florida, and at Fitzgerald, Georgia, and
the wire chief at Tallahassee, Florida, all of whom concededly occupy
supervisory positions.
In addition, there is agreement on the exclusion of the confidential
secretaries to the vice president and general manager and the Georgia
division manager, as well as the operating agents of the agency
exchanges. We find the afore-mentioned inclusions and exclusions to
be appropriate.
In the following categories, the Petitioner seeks inclusion and the
Employer seeks exclusion.
Confidential Secretaries
Although there is agreement as to the exclusion of the confidential
secretaries to the vice president and general manager and the Georgia
division manager, the Petitioner would include in the unit the secre-
taries of each of the department heads and the plant engineer, while
the Employer argues for their exclusion.
8 See Matter of West Coast Telephone Company, 66 N. L. R. B. 1073, Matter of Illinots
Consolidated Telephone Company, 61 N. L. R. B . 447; Matter of The Lorain Telephone
Company, 58 N. L. R. B 478.
SOUTHEASTERN TELEPHONE COMPANY 7
Each of the department heads exercises authority over his depart-
ment in matters of personnel involving changes in status. Personnel
records relating to these matters, as well as information relating to
labor relations policies, are kept by him and are available to his con-
fidential secretary. All department heads collaborate, together with
the vice president and general manager, in the formulation of labor
relations policies. Under these circumstances, we are of the opinion
that the secretaries of the three department heads function in a con-
fidential capacity. Inasmuch as the duties of the plant engineer's,
secretary are interchangeable with those of the general plant manager's
secretary, it appears that she too occupies a similar status. We shall,
therefore, exclude all of the above-mentioned secretaries from the
unit.4
Traffic Department
Chief Operators : With the exception of the chief operators in Talla-
hassee and Fitzgerald, whom the parties have agreed to exclude, the
Petitioner would include all the chief operators in the smaller ex-
changes on the grounds that they are merely acting in the capacity of
operators-in-charge, and possess no supervisory authority within the
customary meaning of the term.
The chief operator of any of the Employer's exchanges is charged
with the operation of that exchange and is under the direct super-
vision of either the traffic manager or district supervisor. Employees
under her may vary in number from three-to seven, depending upon
the exchange. Although she works on the board part time, performs
clerical duties, and receives hourly pay, a chief operator secures and
trains a sufficient operating force for her particfilar office, and has the
power to hire and discharge. It is clear that these employees are
supervisory. We shall therefore exclude them.5
Supervisors : There are six supervisors in the Tallahassee office under
the supervision of the chief operator. Each is charged with the man-
agement of one section of the switchboard and has attendant duties
such as maintaining order and insuring that the operators on that sec-
tion handle their traffic correctly. A supervisor customarily wears a
headset and handles complaints or information that an operator cannot
answer. A supervisor has the authority to release an operator from
the board for short periods and even to grant days off where this will
not interfere with normal working schedules. It is apparent, how-
'Cf. Matter of Wisconsin Telephone Company, 65 N. L. R. B. 368 ( district traffic
clerks ) ; Matter of Mountain States Power Company, Kalispell Division, 62 N. L. it. B.
119 (secretary to division manager).
'Matter of Mountain States Power Company, Kalispell Division , 62 N. L . R. B. 119
( operators-in-charge ) ; Matter of Illinois Consolidated Telephone Company, 61 N. L. it. B.
447 (chief operators in small exchanges ) ; Matter of Middle States Utilities Company of
Iowa, 58 N. L. it. B. 482.
8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ever, that the latter authority is usually exercised only in the absence
of the chief and assistant chief operators, who are the persons normally
approached on such problems. The authority of a supervisor to dis-
cipline is limited to situations of glaring mishandling of the board by
an operator, in which case the supervisor would order the operator
from the board and report the matter to the chief operator, who would
investigate the charge before acting upon it. Hiring of operators is
done by the chief or assistant chief operators. Supervisors are paid
on the same scale as operators, but receive premiums as supervisors
based upon their length of service amounting to $2 or $3 per week.
We are of the opinion that'the supervisors do not possess effective
authority in matters involving changes of status; that their positions
are concerned essentially with the efficient routine handling of the
board by the operators and' their duties primarily those of working
leaders rather than of supervisors. We shall, therefore, include them
in the unit.6
Plant Department
Equipment Engineer: This employee is charged with the installa-
tion and maintenance of all of the Employer's inside equipment. He
has under his supervision all of the "inside" personnel of the plant
department, including, normally, the Employer's two wire chiefs at
Tallahassee and Fitzgerald. Although he spends 50 percent of his
time in,actual installation work, this is presently necessitated by the
shortage of qualified personnel available to perform the required work.
He is also responsible for drawing up plans for installation and for
the detailed determination of all installation equipment that is pur-
chased by the Employer. Although the plant manager normally
does the hiring of employees in this department, the equipment engi-
neer possesses the authority to hire and discharge, and has actually
rejected three out of four recent applications for positions. He is paid
a salary which is substantially higher than the employees under his
supervision, most of them being paid on an hourly basis. We find
the equipment engineer to be,a supervisory employee and shall exclude
him from the unit.
Wire Chiefs: Of the Employer's two wire chiefs, the Petitioner
would include the one at Fitzgerald, Georgia, although it has agreed
to exclude the one at Tallahassee, Florida, as supervisory. Although
the wire chief at Fitzgerald, due to comparative inexperience, is pres-
ently under the direct supervision of the Georgia division manager
Matter of Illinois Consolidated Telephone Company , 61 N I. R Ti 447 Cf Matter of
Mountain States Power Company, Kalispell Division, 62 N. L. R B 119 , and Matter of
The Lorain Telephone Company, 68 N. L R. B. 478, where supervisors were excluded
because they assumed the duties and authority of the chief operators in the latters'
absence.
SOUTHEASTERN TELEPHONE COMPANY 9
and the Georgia plant superintendent, he is charged with all the re-
sponsibilities of a wire chief, including the maintenance of the switch-
board, the batteries, the charging and ringing equipment, the assign-
ment of numbers and lines, and the assignment of orders to main-
tenance men and installers operating out of Fitzgerald,concerning
the maintenance and installation of equipment. He has, presently,
four men under his supervision. Although, because of his lack of
experience, his authority is somewhat restricted as to hiring and dis-
charging, his word is given weight in such matters. He is paid on a
salary basis; his earnings are 15 percent more than those of two of the
men, under him, but about equal in amount to those of the other two
men under his supervision, who are old and experienced personnel in
the employ of the Employer. We find that his status is supervisory
and we shall exclude him, from the unit.7
Construction Foremen: Normally the plant department carries
four construction foremen, although presently none of these positions
are occupied due to a shortage of qualified personnel. It is expected,
however, that they will be filled as soon as such personnel become avail-
able. The duties of the position include the supervision of a construc-
tion crew of from four to six linemen and helpers in the construction
of lines, cables, and other outside operating facilities. Temporarily,
senior linemen are in charge of these construction crews and work
along with them. Normally the foremen engage in little actual con-
struction work themselves. They are paid a salary which runs from
15 to 20 percent higher than the men under them, and they possess
the authority to hire and discharge. We find them to be supervisory
employees and shall exclude them from the units but this exclusion
does not apply to the senior linemen who are temporarily in charge
of the construction crews.
Chief Draftsman: This employee works under the supervision of
the plant engineer. Her duties are to draft and maintain a property
map record of the Employer's entire system and to prepare all prints,
graphs, and charts relating to construction projects of the Employer.
The position is salaried and requires a degree as a draftsman from
a qualified school, as well as a working knowledge of all symbols and
codes employed in the telephone industry. Although she is considered
to be the head of a subdepartment, the chief draftsman is presently
the only one employed therein. It is anticipated, however, that,
as soon as a break in material shortages enables the Employer to em-
bark upon its planned construction program, tracers will be required
i Matter of Illinois Consolidated Telephone Company, Gl N L. R B. 447.
B Id. at 452. Of. Middle States Utilities Company of Iowa, 58 N. L. R. B. 482 (con-
struction foremen included where they possessed no authority to change the status of
employees under them).
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in this department, and will come under the direct supervision of the
chief draftsman, who will have direct authority to hire and discharge
such personnel. Despite the fact that no personnel are presently un-
der her supervision, it is patent that the chief draftsman's position is
supervisory. We shall, therefore, exclude her from the unit.
Commercial Department
Supervisor of Billing: This employee is in the revenue accounting
office and is under the direct supervision of the auditor of receipts.
There are seven or eight girls in this office whose duties include the
operation of billing machines, addressographs, the handling of orders
for new installations, and cash posting. The supervisor of billing is in
charge of toll and revenue billing, the handling of mail and cash
receipts from the'field, and the distribution of work among the girls
in the office. Principally, however, her job is to keep a check on these
girls to insure that they perform their work properly and do not over-
stay their rest periods. She warns girls of time violations and, where
flagrant, reports them to either the auditor of receipts or the com-
mercial manager. It-is customary for either of the two latter officials
to perform the function of hiring and discharging. Although in one
instance a girl was hired solely on the supervisor's recommendation, it
appears that recommendations for discharge made by her are subject
to investigation. We are of the opinion that she does not possess
supervisory authority within our. customary meaning of the phrase,
but acts essentially in the capacity of a monitor. We shall include her
in the unit.
Pay-Roll Clerk: This employee assembles the pay roll, placing em-
ployees in the proper classifications, and makes out the pay checks.
The work is purely clerical and necessitates no resort to confidential
files. Currently, however, this position is being filled by the coin-
mercial manager's confidential secretary whom we have previously
excluded as a confidential employee. We shall include the position of
pay-roll clerk in the unit, but this inclusion shall not apply to the
confidential secretary who is temporarily performing the job.
Automatic Exchange Cashiers: The Employer employs a full-time
-cashier at its automatic exchange in Quitman, Georgia, and a part-
time cashier at each of such exchanges in Adel, Georgia, and Bonifay,
Florida. Although it is agreed that the full-time cashier be included,
the parties are in dispute on the part-time cashiers. It appears that
the latter act purely in the capacity of collection agents to collect the
Employer's telephone bills from the customers of these, exchanges.
They were formerly chief operators at these exchanges when they
were manually operated. The cashier at Adel, which is the larger of
the two exchanges, is provided with an office, but works on her own
SOUTHEASTERN TELEPHONE COMPANY 11
time, spending an estimated maximum of 10 days per month on com-
pany work, for which she 'receives a flat monthly sum of $60. The
cashier at Adel performs similar duties at a grocery store in which
she works, and is paid a monthly sum of $35 for her work. We are
of the opinion that the part-time cashiers operate in a different sphere
from the Employer's regular employees and lack a community of in-
terest with them. We find that it would be inappropriate, under the
particular circumstances of this case, to include them in the unit. We
shall therefore exclude them.
Agency Exchanges
The Employer maintains a number of exchanges which are operated
by contract arrived at thiough informal but written negotiations be-
tween it and the operating agents, whom, as previously indicated, the
parties have agreed to exclude. A specific sum is allocated to each
exchange for its operation. The agents may at their discretion op-
erate the exchanges wholly by themselves or hire employees to assist
them, although no additional funds are provided by the Employer for
such employees. Where additional employees are hired, however,
the agent sends their names to the Employer which in turn maintains
social security records for them and sends them pay checks in the
amount specified by the agent, such amount thereupon being deducted
from the monthly sum paid by the Employer to the agent. Although
the Employer maintains all equipment, it does not appear to exercise
any control over employment conditions, either as to number or
changes in status of agency employees. Under such conditions we
shall exclude the employees of the agency exchanges from the unit.
We find that all employees of the Employer at its various exchanges
in the States of Georgia and Florida, including the supervisors in the
Tallahassee,office, the supervisor of billing, the pay-roll clerk, and the
cashier, information operator and plant personnel at the Quitman,
Georgia, automatic exchange, but excluding the vice president and
general manager, the Georgia division manager, the traffic, plant and
commercial managers, the traffic district supervisor, the plant superin-
tendents, the plant engineer, the purchasing agent, the auditor of re-
ceipts, the commercial supervisor, the commercial representative for
Georgia and Florida, all confidential secretaries,9 chief operators, as-
sistant chief operators, wire chiefs, construction foremen, and em-
ployees of agency exchanges, the part-time cashiers at the automatic
exchanges in Bonifay, Florida, and Adel, Georgia, the equipment
engineer, the chief draftsman, and all or any other supervisory em-
e These specifically are the confidential secretaries to the vice president and general
manager, the Georgia division manager, the three department managers , and the plant
engineer.
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of
the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Southeastern Telephone Company,
Tallahassee, Florida, 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 Tenth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III,
Sections 10 and 11, of National Labor Relations Board Rules and
Regulations-Series 3, -as amended, among the employees in the unit
found appropriate in Section IV, above, who were employed during
the 'pay-roll period immediately preceding the date of this Direction,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and includ-
ing employees in the armed forces of the United States who present
themselves in person at the polls, but excluding those 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
or not they desire to be represented by International Brotherhood of
Electrical Workers, AFL, for the purposes of collective bargaining.
i