Illinois Commercial Telephone Co.

National Labor Relations Board - Board Decisions

Jul 10, 1943

51 N.L.R.B. 207 (N.L.R.B. 1943)

In the Matter Of ILLINOIS COMMERCIAL TELEPHONE COMPANY and IN-
TERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL #702,
A. F. L.
Case No. R-5559 .-Decided July 10, 1943
Messrs . R. J. Sutherland and L . F. Shepherd , of Madison , Wis., for
the Company.
Mr. A. F. Wright , of Springfield , Ill., and Mr. J. 0 . Jones, of West
Frankfort , Ill., for the Union.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Electrical
Workers, Local #702, affiliated with the American Federation of
Labor, herein called the Union, alleging that a question affecting coin-
Inerce had arisen concerning the representation of employees of Il-
linois Commercial Telephone Company, Springfield, Illinois, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Ryburn L.
Hackler, Trial Examiner. Said hearing was held at Springfield, Illi-
nois , on June 14, 1943. Both parties appeared, participated, and
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
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following 1
I A stipulation providing for a correction in the transcript of the record herein, entered
into by the parties , is hereby made a part of the record , and the transcript is ordered cor-
rected in accordance therewith.
51 N. L. R. B., No. 47.
207
208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Illinois Commercial Telephone Company is an Illinois corpora-
tion engaged in receiving and transmitting telephone messages within
the State of Illinois and to and from States other than the State of
Illinois. The Company also operates in connection with the Bell
System Company and the long line departments of the American
Telephone and Telegraph Company. The Company's gross revenue
for 1942 aggregated $2,864,225, of which approximately 5 percent
was derived from tolls on telephone messages originating from or
transmitted to States other than the State of Illinois. We find that
the Company is engaged in commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers, Local #702, affil-
iated with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 14, 1943, the Union requested recognition as the exclusive
bargaining representative of the operators and cashiers in the Mur-
physboro and Harrisburg districts. The Company refused the re-
quest in the absence of a certification by the Board.
A statement, read into the record by the Trial Examiner, indicates
that the Union represents a substantial number of employees in the
unit hereinafter found to be appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit of telephone operators and cashiers in the
,Murphysboro and Harrisburg districts of the Company, exclusive of
supervisors having the right to hire and discharge. The Company
agrees that the two districts are a proper unit division, but disagrees
as to the inclusion of chief operators, chief operator-cashiers, and
cashiers, whom the Union would include. Both parties agree to
exclude all employees of agency-operated exchanges. These are em-
2 The Trial Examiner reported that the Union submitted 201 membership cards, of which
155 bore the apparently genuine original signatures of pei sons on the Company 's pay roll of
April 24 , 1943, which listed approximately 254 persons in the alleged unit.
ILLINOIS COMMERCIAL TELEPHONE COMPANY 209
ployees who work in small exchanges set up by the Company under
contracts providing for service to the Company. We shall exclude
these employees, but in doing so we do not find that they are not
employees of the Company.'
The Company employs 10 chief operators, 5 in each of the 2 dis-
tricts. Each chief operator has from 10 to 30 operators under her
supervision, depending on the size of the exchange. The duties of
the chief operators include the training of new operators and the
arranging of work schedules. It is undisputed that they have the
authority to recommend the hiring and discharging of employees.
Under these circumstances, we find that the chief operators are super-
visory employees, and we shall exclude them.
In the smaller exchanges the position and function of chief opera-
tors and • cashiers are combined. These employees are classified as
chief operator-cashiers. There are five in the Harrisburg district
and two in the Murphysboro district. As their supervisory duties
are exactly the same as those of the chief operators in the larger
exchanges, we shall likewise exclude the chief operator-cashiers.
There are approximately 10 cashiers and 1 assistant cashier. They
are employed in the exchange offices in which the positions of chief
operator and cashier have not been combined. The Company's desire
to exclude the cashiers is apparently based on the contention that the
cashiers represent the Company in over-the-counter contacts with the
public. The principal duties of the cashiers and the 1 assistant
cashier are to collect, receive, and bank money due the Company for
service, and make proper records thereof. They have no subordinate
employees under their control, except on infrequent occasions when
an operator is assigned to assist with clerical work. We find nothing
in their duties to deprive them of the benefits of the Act. Accord-
ingly, we shall include the cashiers and the assistant cashier in the
unit.4
We find that all operators and cashiers of the Company, in the
Murphysboro and Harrisburg districts, including the assistant cashier,
but excluding all employees of agency-operated' exchanges, the' chief
operators, the chief operator-cashiers, and all other employees, consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
3 See Matter of Southwestern Bell Telephone Company, or Mrs. Viola Berthold , Agent,
50 N. L R. B 713
4 See Matter of Southwestern Associated Telephone Company, 35 N. L R. B 84
210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Illinois Com-
mercial Telephone Company, Springfield, Illinois, 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, under the direction
and supervision of the Regional Director for the Fourteenth Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 10, of said Rules and Regulations,
among the employees in the unit,found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did
not work during said pay-roll period because they were ill or on
vacation or temporarily laid off, and including employees in the
armed forces of the 'United States who present themselves in person
at the polls, but excluding any who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by International Brotherhood of Electrical Workers, Local #702,
affiliated with the American Federation of Labor, for the purposes of
collective bargaining.