Southwestern Associated Telephone Co.

National Labor Relations Board - Board Decisions

Aug 29, 1941

35 N.L.R.B. 84 (N.L.R.B. 1941)

In the Matter of SOUTHWESTERN ASSOCIATED TELEPHONE COMPANY
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
B-901,
Case No. R-2711.-Decided August 09, 1941
Jurisdiction : telephone industry.
Investigation and Certification of representatives : existence of question : Com-
pany refused to accord union recognition on ground that it had failed to submit
proof of majority representation.; Company also contended unit claimed by the
union is inappropriate; election necessary.
Unit Appropriate for Collective Bargaining : partial system unit: traffic em-
ployees at the exchanges located at Lamesa, Brownfield, Haskell, Tahoka,
Post, Seagraves, Denver City, and Allred, all within the State of Texas,
including operators, cashiers, and district stenographer-cashiers, but excluding
chief operators and chief operator-cashiers.
Mr. J. M. Randal and Mr. R. B. Fairly, of,Lubbock, Texas, for the
Company.
Mr. C. R. Carle, of Shreveport, La., and Mr. J. W. Null, of Abilene,
Tex., for the 1. B. E. W.
Mr. Eugene M. Purver, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 15, 1941, International Brotherhood of Electrical Workers,
Local B-901, herein called the I.B.E.W., filed with the Regional
Director for the Sixteenth Region (Fort Worth, Texas), a petition
alleging that a question affecting commerce had arisen concerning
the representation of employees of Southwestern Associated Tele-
phone Company, Lubbock, Texas, herein called the Company, and
requesting an investigation and certification of representatives purl -
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat
449, herein called the Act. On June 24, 1941, 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 Rela-
tions 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.
35 N. L R. B, No. 15.
84
SIOUTHW'E!STE1 ASSOCIATED TE'LEPHONE ' COMPANY 85
On June 30, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the
I.B.E.W. Pursuant to notice, a hearing was held on July 9, 1941,
at Lubbock, Texas, before Albert P. Wheatley, the Trial Examiner
duly designated, by the Chief Trial Examiner. The Company and
the I.B.E.W. were represented at and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all parties. At the hearing the Company moved that the petition
be dismissed. The Trial Examiner reserved ruling thereon. The
motion is hereby denied. During the course of the hearing the Trial
Examiner made several rulings.on other motions and on objections to
the admission of evidence. The Board has reviewed the rulings
of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed.
On July 14, 1941, the Company filed a brief, which the Board has
considered.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Southwestern Associated Telephone Company, a Delaware cor-
poration, with its principal office at Lubbock, Texas, is engaged
in collaboration with the Bell Telephone System in the business of
receiving and transmitting telephone messages and communications
wholly within the State of Texas and from and to States and Ter-
ritories of the United States and foreign countries.' The Com-
pany principally receives, handles, and transmits communications
and messages originating in the States of Texas, New Mexico, Okla-
homa, Louisiana, and Kansas. In addition, in the course of its
business the Company operates and maintains transmission lines
between points in the State of Texas, and points in the States of
Oklahoma and Kansas. During the calendar year 1940 the Com-
pany's gross income was in excess of $1,000,000.
H. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers, Local B.901,
affiliated with the American Federation of Labor, is a labor-organi-
zation admitting to membership employees of the Company.
'The Company operates 36 telephone exchanges , of which only 8 exchanges located
respectively at Lamesa , Brownfield , Haskell, Tahoka , Post, Seagraves , Denver City, and
Allred, all within the State of Texas , are herein involved.
86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
About May 12, 1941, the I. B. E. W. requested. recognition as
exclusive bargaining agent for the employees of the Company within
the eight exchanges herein involved. The Company refused such
recognition on the ground that the I. B. E. W. had failed to sub-
mit proof that it represented a majority of the employees and that
the unit claimed by the I. B. E. W. is inappropriate.
A report prepared by a Field Examiner of the Board concerning
claims of authorization for the purpose of representation, which
was introduced in evidence at the hearing, shows that the I. B. E. W.
represents a substantial number of the employees within the unit
hereinafter found to be appropriate.2
We find that a question has arisen concerning the representation
of employees of the Company.
3V. 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 I. B. E. W. contends that the appropriate unit consists of
the traffic employees of the Company at' the exchanges located in
Lamesa, Brownfield, Haskell, Tahoka, Post, Seagraves, Denver City,
and Allred,3 including chief operators, chief operator-cashiers, dis-
trict stenographer-cashiers, cashiers, and operators. The Company
asserts that the appropriate unit should' be limited to operators,
and should exclude chief operators, chief operator-cashiers, district
stenographer-cashiers, and cashiers, on the ground that these posi-
tions are either supervisory or confidential.
Chief operators are "chief line supervisors" over the operators in
the local exchanges, and have the power to recommend hiring and
discharging of operators. In some cases, chief operators supervise
2 The report of the Field Examiner shows that the I. B. E. W. submitted to him 49
authorization cards, all dated between May 16, and May 20, 1941, and all bearing
apparently genuine original signatures, 46 of which are names appearing on the Company's
pay roll of May 29, 1941. There are approximately 58 employees within the unit claimed
to be appropriate by the I. B E W
3 The Company intended to discontinue the Allred exchange on August 1, 1941.
SOUTHWESTERN ASSOCIATED TELEPHONE COMPANY 87
the collection of accounts, make reports to the district manager and
to the Company, arrange operators' schedules, and generally act as
Company representatives with respect to traffic matters. Since the
exchanges are comparatively small, chief operators occasionally act
also as operators and do active work on the switchboard.
Chief Operator-Cashiers act as cashiers, collecting accounts, and
also as chief operators and operators as the occasion demands.
The District Stenographer-Cashiers are clerks to the district man-
agers. " They handle correspondence, take dictation, and act as local
exchange cashiers.
Cashiers collect accounts, make reports on the collections, and also
act as Company representatives in taking service orders.4
Because of the supervisory duties of the chief operators and the
chief operator-cashiers, we will exclude them from the appropriate
unit. We are of the opinion however, that the cashiers and district
stenographer-cashiers do not occupy such confidential positions as
to warrant their exclusion from the bargaining unit. We shall there-
fore include them within the unit.
We find that the traffic employees of the Company at the ex-
changes located at Lamesa, Brownfield, Haskell, Tahoka, Post, Sea-
graves, Denver City, and Allred, including operators, cashiers, and
district stenographer-cashiers, but excluding chief operators and
chief operator-cashiers, constitute a unit appropriate for the pur-
poses of collective bargaining. We further find that said unit will
insure to employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise effec-
tuate the policies of the Acs.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an elec-
tion by secret ballot. We shall direct that those eligible to vote in the
election shall be those employees within the appropriate unit who were
employed by the Company during the pay-roll period immediately
preceding the date of the Direction of Election, subject to such limita-
tions and additions as are set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
* There is only one cashier herein involied and the Company stated at the hearing that
it expected to consolidate this position with that of Chief Operator.
88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Southwestern Associated Telephone Com-
pany, Lubbock, Texas, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
2. The traffic employees of the Company at the exchanges located at
Lamesa, Brownfield, Haskell, Tahoka, Post, Seagraves, Denver City,
and Allred, all within the State of Texas, including operators, cashiers,
and district stenographer-cashiers, but excluding chief operators and
chief operator-cashiers, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
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, and pursuant to Article III, Section 8, of National Labor Rela-
tions 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 Southwestern Associated Telephone Company, Lubbock, Texas,
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 Director
for the Sixteenth Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article III, Section 9, of
said Rules and Regulations, among the traffic employees of the Com-
pany at its exchanges located in Lamesa, Brownfield, Haskell, Tahoka,
Post, Seagraves, Denver City, and Allred, all within the State of
Texas, who were employed during the pay-roll period immediately
preceding the date of this Direction, including operators, cashiers, and
district stenographer-cashiers, and employees who'did not work during
such 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 of, but excluding chief operators and chief operator-cashiers and
those who have since quit or been discharged for cause, to determine
whether or not they. desire to be represented for the purposes of col-
lective bargaining ' by International Brotherhood of Electrical
Workers, Local B-901, affiliated with the American Federation of
Labor.