West Coast Telephone Co.

National Labor Relations Board - Board Decisions

Oct 12, 1945

64 N.L.R.B. 70 (N.L.R.B. 1945)

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In the,Matter Of WEST, COAST TELEPHONE COMPANY and INTERNAL
TIONAI: BROTHERHOOD OF ELECTRICAL'WORKERS, AFL
In the Matter Of WEST COAST TELEPHONE COMPANY and AMERICAN
COMMUNICATIONS ASSOCIATION, CIO
Cases Nos. 19-R-1501 and 19-R-1509, respectively. Decided
October 12, 1945,
Mr. Paul H. Graves, of Spokane. Wash., and Mr. Ray Dalton, of
Everett, Wash., for the Company.
Messrs. Roy W. Atkinson, and W. H. Olson, of Seattle, Wash., for
the CIO.
Messrs. L. Presley Gill and Della E. McI ntyre, 'of 'Seattle, Wash,.,
for the IBEW.
Coleman eC Coleman, by Mr. ,Thomas McCrea, of Everett, Wash.,
and Mr. A. W. Goodspeed, of Marshfield, Oreg.,.for the ICE.
Mr. Sidney Grossman, of counsel to the Board. -
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon separate petitions duly filed by the International Brother-
hood-of Electrical Workers, AFL, herein called the IBEW, and by
the American Communications Associations, CIO, herein called the
CIO, alleging that a question affecting commerce had,arisen con-
cerning the representation of employees of the West Coast Telephone
'Company, Everett, Washington, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Joseph D. Holmes, Trial Examiner. The
hearing was held at Everett, Washington, on June 7 and 8, 1945.
The Company, the IBEW, the CIO, and the Independent Commu-
nications Employeesw herein called the ICE,, appeared and partici-
pated. All parties were afforded full opportunity to be heard, to,
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All paTties
were afforded an opportunity to file briefs with the Board.
64 N L R. B., No. 14
70
WEST COAST TELEPHONE COMPANY 71
Upon the-entire record in,the case,-the Board makes the following:
FINDINGS OF FACT
1. THE`BUSINESS OF THE COMPANY
West Coast Telephone Company, a Washingtoui.corporation, is en-,
-gaged'in the operation of telephone systems in various small communi
ties throughout the States of Oregon; Washington, and California. It
owns the West Coast Telephone Company of California which operates
the California section of its business as a subsidiary corporation.' The
company's telephone systems transmit calls to local stations and across
State lines between its, stations throughout the three States. - Messages
are also, transmitted throughout the Nation through inter-connecting
facilities with the Bell Telephone System. =
The Company admits that it is engaged in interstate commerce within
the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED •
International' Brotherhood of Electric Workers, affiliated with the
American Federation,,of Labor, is a labor organization admitting to
membership employees of the Company. -
. American Communications Association, affiliated with the Congress
,of Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company. . , .
Independent Communications Employees, unaffiliated,-is a labor'or-
ganization admitting to membership employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The CIO requests a'unit consisting of -plant, -traffic, 'and commercial
'employees in the Company's Everett, Washington,' district, excluding
supervisory employees. The AFL also desires to represent the em-
ployees confined to the Everett district, but would exclude therefrom
commercial as well as supervisory employees. The ICE urges the
appropriateness of a system-wide unit consisting of all'the Company's
employees coextensive with the unit for which it is now -'recognized as
the bargaining representative in its current recognition agreement with
'the,-Company. The Company contends that separate, system-wide
departmental units -are appropriate. -
The ' Company's local service area is included within the folloNVIilib
five districts embracing parts of three States: Everett, Washington ;
Forest Grove, Washington and Oregon ; La Grand, Oregon, Klamath,
Oregon ; and Marshfield, Oregon and California.' . A- general manager
' The California section of the Marslifeld district is operated by the West Coast Tele-
phone Company of California.
'72 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at Everett, which is the Company's home-office, has general supervision
over the Company's system-wide operations ; district supervision rests
in the district manager. Following the general pattern adopted by
other telephone companies, a district is divided into three departments 2
corresponding to the following three groups of employees : plant, de-
partment, consisting of construction and maintenance employees;
traffic department, consisting; of telephone. operators; and-commercial
department, consisting' of clerical employees.
Company policies, including matters relating to labor, are centrally
formulated at Everett and are applied uniformly throughout the
.entire system. Record keeping is also largely centralized, wage
schedules for comparable duties are uniform throughout the system,
and an over-all rate differential is generally maintained between the
departments. As in the case of other telephone companies, the Com-
pany's operations are highly integrated and a functional similarity
of duties with respect -to employees in the same department exists
throughout the system. Although interchange among the employees
in the five districts is not appreciable, employees may be assigned to
work in other districts. Under similar circumstances, we have held
that a system-wide unit of a public utility is appropriate whenever
there is a labor organization ill a position to represent employees
throughout the system .3
The ICE has been accorded recognition as the bargaining' represen-
tative of all the Company's employees throughout -its system since
1937. It is now operating under a system-wide recognition agree-
ment entered into with,the Company on July 22,'1941.1 Its organi-
zation has been adjusted to coincide with thegeographical area served
by•the Company. A separate district-board represents the employees
in each district and separate locals represent each department within a
district. Although by the terms of the 1941 agreement, the district
board possesses authority to, execute working agreements with the
Company with respect to wages and other conditions of employment
affecting the,employees within a district, in practice, negotiations are
conducted through-each local which, in.conjunction with the district
board, consummates any working agreement resulting therefrom.
Working agreements ,are substantially uniform departmentally
throughout the system. The executive board of-the ICE coordinates
the activities of the districts and at its annual meetings considers
problems common to all employees. The evidence clearly reveals that
0
3 This departmental division is mandatory in accordance with the bookkeeping regula-
tions of the Federal Communications Commission.
3 See Matter of Florida Power & Light Company, 63 N L R. B. 484. -
The ICE does not have an agreement with the Company covering commercial employees
in Oregon and California, inasmuch as such employees are too few in number, nor has it
organized a local in the Klamath district. However, the wage schedules and working con-
ditions formulated under the contract with the ICE are equally applied to the foregoing
groups.
WEST COAST TELEPHONE COMPANY 73
bargaining on a local level has not established separate and independ-
ent relations, but constitute an integral part of the broad bargaining
relations between the Company and the ICE within the framework of
their system-wide, recognition agreement. It is therefore evident that
the ICE has not only been successful in organizing the Company's
employees in a system-wide unit, but actively represents them- upon
such basis. In view of these facts we find that a system-wide unit is
presently appropriate for the purposes of collective bargaining on
behalf of the employees here involved.' We shall, therefore, dismiss
the petitions for investigation and certification filed by the CIO and
the IBEW.6
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since the bargaining unit sought to be established by the petitions
is not appropriate as found in Section III, above, we find that no
question has arisen concerning representatives of employees of the
Company within•the meaning of Section 9 (c) of the National Labor
Relations Act.
ORDER
IT Is HEREBY ORDERED that the petitions for investigation and cer-
tification of representatives of employees of West Coast Telephone
Company, Everett, Washington, filed herein by the, International
Brotherhood of Electrical Workers, AFL, and by the American Com-
munications Association, CIO, be, and they hereby are, dismissed.
See Matter of Southern Bell Telephone and Telegraph Company , 55 N L R. B. 1058;
Matter of American Telephone and Telegraph Company, 55 N. L R. B 327 ; Matter of
Southern California Telephone Company, 58 N L R B. 17, Matter of Michigan Bell Tele-
phone Company , 58 N. L . it. B. 622 , Matter of Illinois Consolidated Telephone Company,
61 N. L. R. B. 447.
6 Inasmuch as we are dismissing the petitions herein , we find it unnecessary to determine
the appropriateness of system -wide departmental units as urged by the Company.