Capital City Telephone Co.

National Labor Relations Board - Board Decisions

Jun 5, 1944

56 N.L.R.B. 1200 (N.L.R.B. 1944)

In the Matter of CAPITAL CITY TELEPHONE COMPANY and LOCAL 13-2,
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL
Case No. 17-R-833.-Decided J'unze 5, 1944
Mr. R. W. Hedrick, of Jefferson City, Mo., for the Company.
'Mr. Henry C. Kuehner, of St. Louis, Mo., for the Union.
'Mrs. Margaret L. Fassig, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly.filed by Local B-2, International Brotherhood
of Electrical Workers, AFL, herein called the Union, alleging that
a question affecting commerce had arisen' concerning the representa-
tion of employees of Capital City Telephone Company at Jefferson
City, Missouri, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate, hearing upon due notice
before John A. Weiss, Trial-Examiner. Said hearing•was held at
Jefferson City, Missouri, on April 24, 1944. The Company andthe
Union appeared and participated. All parties were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
Upon, the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Capital City Telephone Company, a Missouri corporation, organized
in December, 1,925, is engaged in the business of selling and furnishing
telephone service to business firms and residents of Jefferson City,
'Missouri, and also to a limited number of users in Calloway and Cole
Counties'. Missouri. The Company in the -conduct of its business
56 N. L. R B, No. 214.
1200
CAPITAL CITY TELEPHONE COMPANY 1201
has a telephone exchange at Jefferson City, Missouri , and necessary
'telephone lines and connections in Jefferson City and to the limited
number of users outside of Jefferson City but in Cole and Calloway
Counties , 'Missouri.
The Company in the course and conduct of its business at its ex-
change ,in Jefferson City during the year 1943 sold telephone service
of a value of approximately $240,000 to business firms and resident
users of its service in Jefferson City and in Cole and Calloway Counties,
of which approximately $8,000 was derived from interstate tolls: The
Company has toll connections with the Southwestern Bell Telephone
Company which furnishes services throughout the midwestern area
of the United States, and for the year 1943 31/, percent" of the revenues
of the Company were obtained by toll services between Jefferson City
and other cities and towns outside the State of Missouri . Also, the
Company furnishes telephone service to the Missouri State Capitol
offices , all Federal Government offices in Jefferson City, and to the
'Missouri Pacific Railroad Company and other companies which are
admittedly engaged in, interstate commerce:.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local B-2, International Brotherhood of Electrical Workers, affil-
iated with the AFL, is a labor organization admitting to membership
employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT; THE ALLEGED QUESTION CONCERNING
REPRESENTATION
The Union contends that G. K. Fitzgerald, the Company' s assistant
plant superintendent and ,engineer, and W. C. `Brown, its wire chief,
should be included in a,unit consisting of the Company's seven service
maintenance employees now represented by the Union under a collec-
tive bargaining contract with the Company. The Company con-
tends that the employees in question should not be added to the present
bargaining unit because they are directly iii charge of operations, have
certain duties wherein they use' judgment and discretion, and are
supervisory employees with powers to make recommendations affect-
ing the status of other employees.
The head of operations and maintenance of the Company's tele=
phone service is the Plant Superintendent, Clark Silvey, who is directly
responsible to the president-of the Company. Directly under Mr.
Silvey in authority is Fitzgerald, and the third in general authority
in the operation of the plant-is Brown, the wire chief.' Working under
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DECISIONS OF NATIONAL LABOR RELATIONS BOARD
these men, are seven employees,' six of whom' work outside of -the
exchange, engaged.in the service and maintenance of the telephone
lines. The seventh employee is the switchboard man who works at
the exchange.' These seven men constitute the present unit to which
the Union would add Brown and Fitzgerald.,
Fitzgerald is in full charge of the plant in the absence of the plant
superintendent, which is estimated to be about 25 percent ,of the'time.
The rest of his duties- are widely diversified in that he functions as
plant engineer, alternates with Brown in the operation of the test-
-board, installs equipment in and about the plant, and works on the
switchboard at the plant part of the time. •
Brown, as wire chief, directs all changes, rearrangements, installa-
tions, moves, and take-outs necessary to the rendering of, telephone
service, by assigning jobs to the men who work on the outside, and who
clear with him as they complete their assignment. He has direct
.supervision of such work; and reports any irregularities as to the
length of the time it takes certain men to do certain jobs, to Silvey,
the, plant superintendent. ,
Both Fitzgerald and Brown' are officers of the Company ,and are
paid on a straight salary basis. They are not docked for any time
off from work, and do, not receive overtime pay for, any extra time
worked, whereas the men in the present bargaining unit are hourly
paid employees.
The Board of Directors of the Company has provided that, in the
'absence of Silvey, the plant superintendent and engineer, his job is
filled by Fitzgerald, and if Fitzgerald is also away at the same
time, the job is filled- by Brown, and during such times Fitzgerald
or Brown have complete authority to conduct the work. Fitzgerald -
and Brown alternate in being available every other Sunday and on
holidays, in case they, are needed at the plant, and if any emergency
arises they are in charge of the plant, each on his respective Sunday,
and authorized to do whatever is needful to restore service. They
also alternate in working on Saturdays, and as Silvey leaves at noon,
during Saturday afternoons each alternates in being 'ii charge of the
plant. , , -
The president of the Company testified that both Fitzgerald and
Brown. have authority to recommend employment or discharge of
men should the occasion arise. 'The record shows only one man has
been discharged in the last 6 years, and neither Fitzgerald nor Brown
has had occasion to recommend that anybody be hired or discharged.
.,The record also indicates that neither has had occasion to reprimand
any of the outside men: In" this connection Fitzgerald testified that
"they are all pretty good workers," but he did not disclaim the author-
ity to' reprimand or discipline them should the occasion arise. We
CAPITAL CITY TELEPHONE COMPANY a 1203
believe that the mere fact that neither Fitzgerald nor Brown has had
occasion to exercise their supervisory powers in the making of recom-
mendations, I does not negate the testimony of the president of the
Company that, they tare 'vested with such authority. We are of the
.opinion and find that G. K.- Fitzgerald and W. C. Brown are super-
visory employees within the meaning of our usual definition of that
term, and -accordingly we shall dismiss the Union's petition seeking
their inclusion in the existing bargaining unit. -
ORDER
Upon the basis of the foregoing findings, of fact and the- entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
of employees of the Capital City Telephone Company, Jefferson City,
Missouri, filed by Local B-2, International Brotherhood of Electrical
Workers, affiliated with,the American Federation of Labor, be, and
it hereby is, dismissed. ,
MR." GERARD D.- RE'Lx took no part in the consideration of .the
above Decision and Order. . . , ,
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