American District Telegraph Co. of San Francisco

National Labor Relations Board - Board Decisions

Jul 8, 1948

78 N.L.R.B. 150 (N.L.R.B. 1948)

In the Matter of AMERICAN DISTRICT TELEGRAPH COMPANY OF SAN
FRANCISCO, EMPLOYER and LOCAL No. 6, INTERNATIONAL BROTHER-
HOOD OF ELECTRICAL WORKERS, A. F. OF L., PETITIONER
Case No. 2O-RC-45.Decided July 8, 1918
DECISION
AND
DIRECTION OF ELECTION
After the filing of the petition herein, the parties to the proceeding
entered into a stipulation, which is hereby accepted, waiving a hearing
and providing for a Board determination on the basis of the petition
and stipulation alone.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.,
2. The labor organization named below claims to represent employ-
ees of the Employer.
3. A question of representation exists concerning the representation
of employees of the Employer, within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit appro-
priate for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act:
All plant-department employees of the Employer at its shop located
at 15 Lafayette Street in San Francisco, California, including inspec-
• Chairman Herzog and Members Murdock and Gray.
1 The Employer contends that its business operations do not affect commerce within the
meaning of the Act, and that therefore the Board does not have jurisdiction in this pro-
ceeding we find no merit in this contention . In Matter of A. D T. Company, 73 N. L.
R B 265, which involved another wholly owned subsidiary of the same parent corporation,
the Board found upon the facts , which were identical in every material respect with those
here present , that the subsidiary was an integral part of a coordinated operation , and that
it performed services essential to the operations of numerous enterprises whose activities
affect commerce
78 N. L. R. B., No. 25.
150
AMERICAN DISTRICT TELEGRAPH CO. OF SAN FRANCISCO 151
tors, repairmen, maintenance mechanics, installers, apprentices, help-
ers, stockroom employees, and working foremen, but excluding office
and clerical employees and all supervisors as defined in the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Twentieth Region, and subject
to Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, among the employees in the unit found
appropriate in paragraph numbered 4, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction of Election,'including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid off, 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; and also excluding employees on strike who
are not entitled to reinstatement, to determine whether or not they
desire to be represented, for purposes of collective bargaining, by Local
No. 6, International Brotherhood of Electrical Workers, A. F. of L.