Southern California Gas Co.

National Labor Relations Board - Board Decisions

Apr 7, 1942

40 N.L.R.B. 256 (N.L.R.B. 1942)

In the Matter Of SOUTHERN CALIFORNI.U GAS COMPANY and UTILITY
- WORKERS ORGANIZING COMMITTEE, C. I. O.
Case No. R-3623.-Dec?ded April 7, 1912
Jurisdiction : gas distributing industry
Investigation and Certification of Representatives : existence of question: refusal
to accord petitioner recognition until certified by the Board; election neces-
sary ; probationary employees held eligible to vote.
Unit Appropriate for Collective Bargaining : unit composed of employees exclu-
sive of certain categories in one of two districts of the Northern Division
of a gas utility which is divided into eight geographical divisions held
appropriate despite Company's contention that unit should be system-wide
or at least division-wide.
Mr. Thomas J. Reynolds, Mr. Guy W. Wadsworth, Jr., and Mr.
Robert R. Blackburn, all of Los Angeles, Calif., for the Company.
Mr. Fred Okrand, Mr. James L. Daugherty, and Mr. George
Burges, all of Los-Angeles, Calif., for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 4, 1942, Utility Workers Organizing Committee, C. I. 0.,
herein called the Union, filed with the Regional Director for- the
_ Twenyt-first• Region (Los Angeles, California) an amended petition
alleging that a question affecting commerce had arisen concerning
the representation of employees of Southern California Gas Com-
pany, herein called the Company, and requesting an investigation
and certification of representatives, pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On March 6, 1942, the National Labor Relations Board herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as -amended, ordered an investigation
and authorized the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice. On March 6, 1942,
40 N. L. R. B., No. 38.
256
SOUTHERN CALIFORNIA GAS COMPANY 257
the Regional Director issued a notice of hearing, copies, of which,
were duly served upon the Company and the Union. Pursuant to
notice, a hearing was held on March 9, 1942, at Los Angeles, Califor;
nia, before Maurice J. Nicoson, the Trial Examiner duly designated
by the Chief Trial Examiner. The,Company and the Union were
represented and participated in the hearing. Full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties., At. the
beginning of-the hearing, the Company moved to dismiss the pro-
ceeding, claiming in substance that the Board is without jurisdic-
tion. The motion was denied by the Trial Examiner. ,At the close
of the.hearing, the Company again,moved for dismissal on the
ground that, the Board is without jurisdiction and that the unit
sought by the Union is inappropriate., The Trial Examiner reserved
ruling thereon for the Board. For reasons hereinafter appearing,
the motion is denied. During- the hearing the Trial Examiner
made rulings on other motions and on objections to the admission
of evidence. The Board has reviewed the rulings of the Trial Ex-
aminer and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TIIE COMPANY
At the hearing in the instant proceeding, the records in three earlier
cases involving the Company 2 were by agreement introduced in evi-
dence. No other evidence concerning the operations of the Company
insofar as they bear on the Board's jurisdiction was introduced. In
the earlier cases the Board found and it here finds that
The Company is engaged principally in the business of purchasing,
'transporting, selling, and distributing natural gas for light, heat, and
power purposes in the central and southern areas of California. It
is also engaged to a minor extent in manufacturing, transporting,,sell-
ing, and distributing manufactured gas. It purchases and sells butane
for the purposes of light, heat, and power: As an incident to its prin-
cipal business, the Company sells gas appliances at retail.
The chief raw material purchased by the Company is natural gas, all
of which is purchased in the State of California. In addition, its
3 Subsequent to 'the hearing, the Union filed a memorandum in opposition to the said
motion
2 Matter of Southern California Gas Company and Utility Workers organizing Commit-
tee, Local 1.42, 10 N L It B., 1123; Matter of Southern California Gas Comlpany and Utility
Workers Organi:n'g Committee, Local 1111, e 1 0 , 31 N L R B 461 ; Matter of South-
ern California Gas Company and Utility Workers Organiz,ng Committee, Local 152, C. 1 0.,
35 N L R P, 263
I
455771-42-vol 40 17
258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
purchases of materials include pipes, meters, regulators, pumps, com-
pressors, valves, bolts, nuts, repair parts, tools, and similar materials.
Of these raw materials, during 1937, amounts in the value of $1,214,-
822.63 were purchased outside the State of California. This was some-
what less than 10 percent of the total purchases of raw materials,
including natural gas; and, omitting the value of the natural gas
products during that year, constituted approximately one-third of the
total of all other raw materials purchased by the Company.
The Board found in substance in the earlier cases and it here finds,
that the Company supplies gas to major industrial firms in southern
California and to a number of instrumentalities of interstate com-
merce; and that a stoppage of the operations of the Company would
have a close, intimate, and substantial effect upon interstate commerce.
II. THE ORGANIZATION INVOLVED
Utility Workers Organizing Committee is a labor organization
affiliated .with the Congress of Industrial Organizations. It admits
to membership in Local 168 employees of the Company in the Glendale
District.
III. THE QUESTION CONCERNING REPRESENTATION
Shortly before the filing of the petition, the Company refused upon
request to recognize the Union' as the exclusive representative of its
employees in the Glendale District until the appropriate unit had
been determined by the Board.
According to a statement of the • Trial' . Examiner' made at ' the
-hearing, the Union represents a substantial- number of employees
in the unit alleged to be appropriate.3
- We find,that a question has • arisen concerning the representation
of employees of the Company.
1IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
.-arisen, occurring in connection ,with the operations of the Company
described in Section I above, has a- close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tends to lead to labor disputes burdening, and obstructing com-
merce'and the free flow of commerce. ,
V. THE APPROPRIATE UNIT
The Union alleged in its petition that the appropriate 'unit should
consist of all employees of the Glendale District of the Northern
' The Trial. Examiner stated that the Union had presented to him 101 signed application-
for-membership cards, and that of these signatures 92 appeared to be the names of,persons
upon the Company's pay roll of February 28, 1942. There are about 163 employees in the
allezed appropriate unit
SOUTHERN CALIFORNIA GAS COMPANY '259
Division of the Company in the following classifications : station-at-
tendant, storeroom attendant, clerk B, order. clerk, collector, chart
collector, order dispatcher, fitter, fitter welder, helper, janitor,'store-
'room keeper, mechanic #1, mechanic # 2, messenger , meter reader,
service than #1, service man #2, and field meter inspector, excluding,
however, probationary and temporary employees. Thereafter the
Union stated that it would also include the industrial service man.
The, Company takes,the position that the .unit should be system-wide
or at least division-wide.
The Company divides its operations into eight geographical di-
-visions, four of which are further divided into two to four districts.
The present proceeding concerns the Glendale District of the North-
ern Division, which is one of two districts in that division. In the
earlier cases involving the Company we found that employees in the
Central Division, the Van Nuys District of the Northern Division,
and the- Southern Division constituted separate appropriate units.'
We there found that self-organization among employees of the Com-
pany has proceeded, in general, along district or division lines, and
accordingly we rejected the Company's contentions for a broader -
unit. Under these circumstances, and in view of the fact that we
have previously found the other district in the - Northern Division
to be an appropriate unit, we are of the opinion that a similar
geographical unit, composed of employees in the Glendale District
of the Northern Division, is appropriate in this case.5
As stated above, the Union would limit the unit to employees in
certain classifications. It appears that as of January 31; 1941, there
-were approximately 40 employees in the Glendale District in 18
classifications that would be excluded from the unit sought by the
Union.6 Although the record is not clear with respect to whether
the Company at the -present time employs persons in the Glendale
District-in,,each of these classifications, a representative of the Union
testified that employees in at ' least seven. of these groups' were
presently employed in the district.
In the Van Nuys case we included in ,the unit, as requested by
the union there involved, all employees except supervisors and tem-
\
* See cases cited in footnote 2, supra. I '
The local here involved , Local 168, Is confined to employees in the Glendale District.
Following certification of Local 114 for the Van Nuys District, the Company and Local 114
entered into a collective bargaining agreement which is currently in effect. -
These classifications are as follows : domestic sales representative , sales'representa-
i tive-new 'construction , order cashier, stenographer , dealer representative , P. B_X-_opera-
tor, typist , branch office clerk "B ", engineering assistant class "B", industrial sales,engi-
neer; - junior'clerk , sales representative-commercial, and' timekeeper.
'+Engineering assistant class "B", order cashier, branch office clerk "A" and "B", clerk
cashier, junior ' clerk, junior engineer , and typist . This representative named two other
classifications , not listed . in the 'preceding footnote, represented in the Glendale District :
clerk •"A" and addressograph operator. '
260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
porary and probationary employees. This unit embraced employees
in the. first 8 • of the .18 classifications which the Union would exclude
in this case .8 The Union asserted generally that employees in the
classifications which it seeks to exclude "have no common meeting
ground" with employees in the categories sought to be included.
However, no convincing evidence was adduced in the present pro-
ceeding for limiting the unit in the manner sought by the Union.
Thus it appears that some positions are proposed to be excluded
merely because they are held by women'or because the employees are
likely to be promoted. In fact Burges, the financial secretary of
the Union, testified that the groups not included in the petition
were - excluded on the ground that they had not been organized,
although employees in comparable positions are admittedly within
the, unit. Under these circumstances and upon the basis of the
entire record, we are of the opinion that , in general , the unit in
this case should be similar to that found appropriate in the Van Nuys
case. However, we find that employees in the following classifi-
cations should be excluded, since they are primarily technical em-
ployees or appear not to be closely identified with the general group
of employees: junior engineer, engineering assistant class "B", and
industrial sales engineer.
In conformity with our more recent decision in the case involving
the Southern Division, we shall not exclude probationary employees,
since their interests are closely allied to those of regular employees.9
We find, accordingly, that all employees of the Company in the
Glendale District of the Northern Division, excluding the classifica-
tions of junior engineer, engineering assistant class "B", and in-
dustrial sales engineer, and supervisors and temporary employees,
constitute a unit appropriate for the purposes of collective bargaining
and that said unit will insure to the employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise will effectuatd the policies of the Act.
VI., THE DETERMINATION OF REPRESENTATIVES
We fi rid that the question concerning the representation which has
arisen can best be resolved in an election by secret ballot. We shall
direct that all employees, including probationary employees, in the
appropriate unit who were employed during-the pay-roll period im-
mediately preceding the date of this Direction of Election, subject
See footnote 6, supra. There were no employees in the Van Nuys District in the re-
maining 10 classifications. -
9 However, it is not necessary. to include probationary, employees specifically in the unit,
since they perform duties similar to those of regular employees and at the end of 6 months,
if retained , become regular employees . We shall merely provide that probationary em-
ployees shall be eligible to vote, the same as regular employees.
SOUTHERN CALIFORN'T A GAS COMPANY 261
to the limitations and additions set forth in the Direction , shall be
eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case , the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce , has arisen concerning the rep-
resentation of employees of Southern California Gas Company, Los
Angeles, California , within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All employees of the Company in the Glendale District of the
Northern Division , excluding the classifications of junior engineer,
engineering assistant class "B ", and industrial sales representative,
and supervisors and temporary employees , constitute a unit appro-
priate for the purposes of collective bargaining , within the meaning
of Section 9 (b) of the National Labor Relations Act.
4
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 Relations
Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it -is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Southern California Gas Company, Los Angeles, California, 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 of
Election, under the direction and supervision of the Regional Direc-
tor for the Twenty-first, Region, acting in this matter as' agent for
the National Labor Relations Board, and subject to Article III,
Section 9, of said Rules and Regulations, among all employees of
the Company in- the Glendale District of the Northern Division, who
were employed during the pay-roll period immediately preceding the
date of this Direction of Election, including probationary employees
and those who did not work during said pay-roll period because they
were ill or on vacation or in the active military service or training of
the United States, or temporarily laid off, but excluding the classifi-
cations of junior engineer, engineering assistant class "B", and indus-
trial sales representative, and supervisors and temporary employees,
and any who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by Utility Workers
Organizing Committee, Local 168, C. I. 0., for the purposes of
collective bargaining.
In the Matter of SOUTHERN CALIFORNIA GAS, COMPANY and UTILITY
WORKERS ORGANIZING COMMITTEE, C. I. O.
Case No. R-3623
,CERTIFICATION OF REPRESENTATIVES
May 9, 1942,
On April 7, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding?
Pursuant to the Direction of Election, an election by secret ballot
was conducted on April 27, 1942, under the direction and supervision
of the Regional Director for the Twenty-first Region (Los Angeles,
California). On April 28, 1942, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties his Election Report. No objections to the conduct
of the ballot or to the Election Report have been )filed by any of
the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list-------------- ----------------------- 218
Total ballots cast------------------------------------------ 183
Total ballots challenged------ ----------------------- 4
Total blank ballots---------------------------------------- 0
Total void ballots------------------------------------------ 0
Total valid ballots counted---------------------------------- 179
Votes cast for Utility Workers Organizing Committee, Local
168, C. 1. 0----------------------------------------------- 18
Votes cast against Utility Workers Organizing Committee,
Local 168 , C. 1. 0------------------------------------------ 61
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, Sections 8
and 9, of National Labor Relations Board Rules' and Regulations-
Series 2, as amended,
-, IT Is HEREBY 'CERTIFIED that Utility Workers Organizing Com-
mittee, .Local 168, C. I. 0., has been designated and selected by a
majority, of all-employees of Southern California Gas Company
140 N. L It B. 256.
40 N.'L. R B., No. 38a.
262
SOUTHERN CALIFORNIA GAS COMPANY -263
in the Glendale District of the Northern Division, excluding the
classifications of junior engineer, engineering assistant class "B",
and industrial 'sales representative, and supervisors and temporary
employees, as their representative for the purposes of collective bar-
gaining and that, pursuant to the provisions of Section 9 (a) of
the Act, Utility Workers Organizing Committee, Local 168, C. I. O.,
is the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of, pay, wages, hours of
employment, and other conditions of employment.