United Telephone Co.

National Labor Relations Board - Board Decisions

Jun 3, 1940

24 N.L.R.B. 310 (N.L.R.B. 1940)

In the Matter Of UNITED TELEPHONE COMPANY and LOCAL 1140,
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFFILIATED
WITH AMERICAN FEDERATION OF LABOR
Case No. C-1575.-Decided June 3, 1940
Communications Industry-Settlement: stipulation providing for compliance
with the Act, including the disestablishment of the union alleged in the com-
plaint to have been dominated by the respondent, and the placement of
employees alleged to have been discriminatorily discharged on a preferential
list-Order : entered on stipulation.
Mr. Max W. Johnstone and Mr. John P. Chapman, for the Board.
Mr. Ray Johnson, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Local 1140, Inter-
national Brotherhood of Electrical Workers, affiliated with the
American Federation of Labor, herein called the Union, the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Eighth Region (Cleveland, Ohio), issued its com-
plaint dated April 18, 1940, against United Telephone Company,
Bellefontaine, Ohio, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices affecting commerce, within the meaning of Section 8 (1), (2),
and (3) and Section 2 (6) and (7) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. Copies of the complaint
and notice of hearing thereon were duly served upon the respondent,
the Union, and Association of Employees, Inc., herein called the
Association, a labor organization alleged in the complaint to be
dominated and supported by the respondent.
Concerning the unfair labor practices the complaint alleged in sub-
stance (1) that on December 4, 1939, and at all times thereafter, the
respondent had formed, fostered, encouraged, dominated, and inter-
fered with the Association; (2) that on January 3, 1940, the respondent
discharged, and thereafter refused to reinstate, Joe Gardner, Carl
24 N. L. R. B., No. 22.
310
UNITED TELEPHONE COMPANY 311
Longbrake, George Morgan Amos, and Joe Wyburn, because they
joined and assisted the Union, refused to resign from the Union, re-
fused to designate the Association as their representative for the pur-
poses of collective bargaining, and engaged in concerted activities with
other employees of the respondent for the purposes of collective bar-
gaining and other mutual aid and protection; and (3) that by the
discharge of said employees, the respondent caused all other union
members, with the exception of two, to resign from the Union, and
that by the foregoing and by other acts, interfered with, restrained,
and coerced its employees in the exercise of the rights guaranteed in
Section 7 of the Act.
Prior to the hearing, the respondent, the Union, the Association,
and counsel for the Board entered into a stipulation dated April 29,
1940, in settlement of the case. This stipulation provides as follows :
STIPULATION
It.is hereby stipulated and agreed by and between the United
Telephone Company, hereinafter referred to as the respondent,
Local No. 1140, International Brotherhood of Electrical Workers
affiliated with the American Federation of Labor, hereinafter re-
ferred to as the union, Association of Employees, Inc., herein-
after referred to as the Association, and Max Johnstone, Attorney,
and John P. Chapman, Field Examiner of the National Labor
Relations Board, Eighth Region, that:
I. Upon a second amended charge filed by the union, the Na-
tional Labor Relations Board, hereinafter referred to as the Board,
by Oscar S. Smith, Regional Director for the Eighth Region,
Cleveland, Ohio, acting pursuant to authority granted in Section
10 (b) of the National Labor Relations Act, 49 Stat. 449, here-
inafter referred to as the Act, and acting pursuant to its Rules
and Regulations-Series 2 as amended, issued its Complaint and
Notice of Hearing on April 18, 1940, against the respondent.
II. All parties hereto hereby acknowledge service of such com-
plaint, notice of hearing, second amended charge, and copy of the
National Labor Relations Board Rules and Regulations, Series 2
as amended, and expressly waive further pleadings, hearing, and
the making of findings of fact and conclusions of law by the
Board.
III. The respondent, an Ohio corporation, is a subsidiary of the
Lima, Telephone Company, Lima, Ohio, and has its principal
office in Bellefontaine, Ohio, and is now and has continuously
been engaged in the business of furnishing local and long dis-
tance telephone services, by means of 22 telephone exchanges, to
the population of Logan County, Union County and portions of
312 DECISIONS OF NATIONAL LABOR -'RELATIONS BOARD
Allen and Shelby Counties in the State of Ohio. Principal cities
in this area are Marysville, Ohio, and Bellefontaine, Ohio. The
respondent's long distance service is furnished through and by
means of the Ohio Bell Telephone 'Company, a subsidiary and
associate of the American Telephone and Telegraph Company, a
corporation. The American Telephone and Telegraph Company
and its 24 associate companies, commonly known as the "Bell
System," furnish nation wide communication service through the
coordination of plant equipment and services of its associates
and other telephone companies similar to the respondent.
IV. The respondent's receipts for 1939 amounted to $231,000;
approximately 10% of this amount, was derived from the hand-
ling of long distance telephone services. In that same year, the
respondent purchased materials and equipment valued at approxi-
mately $39,000. Approximately $28,000 of this amount repre-
sents materials and equipment which came from sources outside
the State of Ohio.
V. The respondent concedes, for the purpose of this proceeding,
only, that its operations affect commerce within the meaning of
Section 2 (6) and (7) of the Act.
VI. The union and the Association are labor organizations
within the meaning of Section 2 (5) of the Act.
VII. This stipulation, together with the second amended charge,
complaint and notice, of hearing and a, copy of the National
Labor Relations Board Rules and Regulations, Series 2 as
amended, may be filed with the Chief Trial Examiner of the
National Labor Relations Board at Washington, D. C. and when
so filed shall constitute the record in this case.
VIII. It is further stipulated that upon the second amended
charge, complaint and notice of hearing and upon this stipula-
tion an order may forthwith be entered by the Board providing
as follows :
1. The respondent, The United Telephone Company, its offi-
cers, agents, successors and assigns shall cease and desist from :
(a) In any manner interfering with, restraining or coercing its
employees in the exercise of their right to self-organization, to
form, join or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in
concerted activities for the purpose of collective bargaining or
other mutual aid or protection as guaranteed in Section 7 of the
National Labor Relations Act;
(b) In any manner dominating or interfering with the adminis-
tration of the Association of Employees, Inc. or the formation or
administration of any other labor organization of its employees,
UNITED TELEPHONE COMPANY 313
or contributing financial or other support to the said Association
or to any other labor organization of its employees;
(c) From discouraging membership in Local 1140, Interna-
tional Brotherhood of Electrical Workers affiliated with the
American Federation of Labor, by terminating the employment
of, or refusing to reinstate any of its employees, or in any other
manner discriminating in regard to their hire or tenure of em-
ployment of its employees or. any term or condition of their
employment.
2. The respondent, its cfficers, agents, successors and assigns
shall take the following affirmative action to effectuate the poli-
cies of the National Labor Relations Act :
(a) Refrain from recognition as the representative of any of
its employees for the purpose of dealing with the respondent con-
cerning grievances, labor disputes, wages, rates of pay, hours
of employment, or other conditions of employment and completely
disestablish the Association of Employees, Inc. as such repre-
sentatives;
(b) Place Joe Gardner, Carl Longbrake, George Morgan Amos,
and Joe Wyburn on a preferential list and offer them reinstate-
ment in accordance with their seniority, without prejudice to
their rights and privileges previously enjoyed, to their former
or substantially equivalent positions as such positions become
available;
(c) Inform personally by letter George Longbreak, Albert
Moon, Albert Carmean, and Ammon Coffman, employees who sent
the respondent copies of their resignation from the union, that
the respondent is not concerned or interested in their union affilia-
tion, and that they are free to join any union of their own choosing
without any interference, restraint or coercion from the re-
spondent;
(d) Post immediately in conspicuous places throughout its
principal office at Bellefontaine and its twenty-two exchanges
and maintain for a period of at least sixty (60) days, consecutive
days, notices stating that the respondent will cease and desist in
the manner aforesaid and will take the aforesaid affirmative
action;
(e) Notify the Regional Director for the Eighth Region in
writing within ten (10) days from the date of the order, what
steps the respondent has taken to comply herewith.
IX. It is further stipulated and agreed that any appropriate
Circuit Court of Appeals in the United States may upon applica-
tion by the Board enter its decree enforcing the order of the Board
314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the form above set out. The respondent waives its right to
contest the entry of any such decree and its right to receive notice
of the filing of an application for the entry of such decree.
X. This stipulation contains the entire agreement between the
parties, there being no agreement of any-kind, verbal or other-
wise, which varies, alters or adds to this stipulation.
XI. This stipulation shall be of no force and effect unless and
until approved by the Board.
On May 13, 1940, the Board issued its order approving the above
stipulation, making it a part of the record, and transferring the pro-
ceeding to the Board for the purpose of entering a decision and order
by the Board pursuant to the provisions of said stipulation.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The United Telephone Company, an Ohio corporation, is a sub-
sidiary of the Lima Telephone Company, Lima, Ohio. It has its
principal office in Bellefontaine,,Ohio, where it is engaged in the busi-
ness of supplying local and long distance telephone service, by means
of 22 telephone exchanges, to the population of Logan County, Union
County, and Allen and Shelby Counties in the State of Ohio. ' The
respondent's long distance service is furnished through and by means
of the Ohio Bell Telephone Company, a subsidiary and associate of the
American Telephone and Telegraph Company. The American Tele-
phone and Telegraph Company and its 24 associate companies, com-
'monly known as the "Bell System," furnish Nation-wide communica-
tion service through the coordination of plant equipment and services
of its associate and other telephone companies similar to the re-
spondent.
During 1939 the respondent's total receipts amounted to $231,000,
approximately 10 per cent of which were derived from the long dis-
tance telephone services furnished by the respondent.. During the
same period, the respondent purchased raw materials valued at ap-
proximately $39,000, of which amount approximately $28,000 worth
were shipped to the respondent from points outside the State of Ohio.
The respondent admits that, for the purpose of this proceeding, its
operations affect commerce within the meaning of the Act.
We find that the above-described operations constitute a continu-
ous flow of trade, traffic, and commerce among the several States.
UNITED TELEPHONE COMPANY
ORDER
315
Upon the basis of the above findings of fact, stipulation, and the
entire record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent, United Telephone Company,
Bellefontaine, Ohio, its officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining or coercing its
employees in the exercise of their right to self-organization, to form,
join or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities for the purpose of collective bargaining or other mutual aid
or protection as guaranteed in Section 7 of the National Labor Rela-
tions Act;
(b) In any manner dominating or interfering with the adminis-
tration of the Association of Employees, Inc. or the formation or
administration of any other labor organization of its employees, or
contributing financial or other support to the said Association or
to any other labor organization of its employees;
(c) From discouraging membership in Local 1140, International
Brotherhood of Electrical Workers affiliated with the American Fed-
eration of Labor, by terminating the employment of, or refusing to
reinstate any of its employees, or in any other manner discriminating
in regard to their hire or tenure of employment of its employees or
any term or condition of their employment.
2. The respondent, its officers, agents, successors and assigns shall
take the following affirmative action to effectuate the policies of the
National Labor Relations Act:
(a) Refrain from recognition as the representative of any of its
employees for the purpose of dealing with the respondent concerning
grievances, labor disputes, wages, rates of pay, hours of employment,
or other conditions of employment and completely disestablish the
Association of Employees, Inc. as such representatives;
(b) Place Joe Gardner, Carl Longbrake, George Morgan Amos,
and Joe Wyburn on a preferential list and offer them reinstatement
in accordance with their seniority, without prejudice to their rights
and privileges previously enjoyed, to their former or substantially
equivalent positions as such positions become available;
(c) Inform personally by letter George Longbreak, Albert Moon,
Albert Carmean, and Ammon Coffman, employees who sent the re-
spondent copies of their resignation from the union, that the respond-
ent is not concerned or interested in their union affiliation, and that
316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
they are free to join any union of their own choosing without any
interference, restraint or coercion from the respondent;
(d) Post immediately in conspicuous places throughout its prin-
cipal office at Bellefontaine and its twenty-two exchanges and main-
tain for a period of at least sixty (60) days, consecutive days, notices
stating that the respondent will cease and desist in the manner afore-
said and will take the aforesaid affirmative action;
(e) Notify the Regional Director for the Eighth Region in writing
within ten (10) days from the date of the order, what steps the
respondent has taken to comply herewith.