Pacific Gas & Electric Co.

National Labor Relations Board - Board Decisions

May 17, 1943

49 N.L.R.B. 810 (N.L.R.B. 1943)

In the Matter Of PACIFIC GAS & ELECTRIC COMPANY and INTERNA-
TIONAL BROTHERHOOD OF ELECTRICAL WORKERS
In the Matter Of PACIFIC GAS & ELECTRIC COMPANY and INTERNA-
TIONAL BROTHERHOOD OF ELECTRICAL WORKERS
In the Matter of PACIFIC GAS & ELECTRIC COMPANY and INTERNA-
TIONAL BROTHERHOOD OF ELECTRICAL WORKERS
Cases Nos. R-5202, R-5203, R-5204, respectively.Decided May 17,
191p
Mr. Thomas J. Straub and Miss Anne McDonald, of San Francisco,
Calif., and Mr. J. Paul St. Sure, of Oakland, Calif., for the Company.
Mr. George.A. Mulkey, of San Francisco, Calif., for the I. B. E. W.
Gladstein, Grossman, Margolis, Sawyer and Edises, by Mr. Bertrama
Edises, of Oakland, Calif., for the,U. W. O. C.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon'petitions duly filed by International Brotherhood of Electrical
Workers, herein called the I. B. E. W., each alleging that a question
affecting commerce had arisen concerning' the representation of em-
ployees of Pacific Gas and Electric Company, San Francisco, Cali-
fornia, herein called the Company, the National Labor Relations Board
provided for an appropriate consolidated hearing upon due notice
before John Paul Jennings, Trial Examiner. Said hearing was held
at San Francisco, California, on, April 20 and 21, 1943. The Com-
pany, the I. B. E. W., and Utility Workers Organizing Committee,
herein called the U. W. , O. C., appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses , and to introduce evidence bearing on the issues. During the
course of the he the U. W. O. C. moved that the entire records in
49 N. L R. B., No. 117.
810
PACIFIC GAS & ELECTRIC COMPANY . 811
Case No. R-274,-Cases Nos. R-4087 to R-4092, inclusive, Cases Nos.
R-4405 to R-4411, inclusive, Case No. R-4681, Case,No. R-4771, and
Case No. R-5027,1 former representation proceedings involving em-
ployees of the Company, should be incorporated into, and-deemed and
considered part ,of, the record in the instant consolidated proceeding.
The Trial Examiner did not rule upon this motion. Since the testi-
mony taken and the record made in the instant proceeding is sufficient
to decide the issues presented herein, it appears unnecessary to incor-
porate physically into the instant proceeding the voluminous records
in the prior cases. For this reason, the-motion is denied. The Trial
Examiner's rulings at the hearing are free from prejudicial error and
are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Pacific Gas and Electric Company is engaged in the business of
generating, buying, transmitting, selling, and distributing electric
energy, of buying, transporting, selling, and distributing natural gas,
and of manufacturing, transporting, selling, and distributing manu-
factured gas. All such gas and electricity is used for light, heat, and
power purposes in central and northern California. As an incident
to its gas and electric business, the Company sells gas and electric
appliances at retail. It distributes and sells water in certain small
cities and-towns in rural areas for domestic and irrigation purposes.
It produces and sells steam in Oakland and San Francisco, California,
and it operates a streetcar and bus system in Sacramento, California.
The Company owns and operates 50 hydro-electric generating plants
and 13 steam electric generating plants, all of which are situated in the
State. The Company owns and operates in the State a transmission
pipe-line system, including a large gas compressor station, for the
transportation of natural gas in central and northern California. It
'Matter of Pacific Gas and Electric Company and United Electrical & Radio Workers
of America, 3 N. L. R B 835 ; 4 N.. L. R B 180 ; Matter of Pacific Gas and Electric
Company and United Electrical and Radio Workers of America ; Matter of Pacific Gas
and Electric Company and United Electrical , Radio and Machine Workers of America, 13
N L. R. B. 268; Matter of Pacific Gas and Electric Company and Utility Workers Organ-
.u,ng Committee, C. I. 0, 40 N L R. B 591, 41 N. L. R. B. 1182 ; Matter of Pacific Gk's
and Electric Company and International Brotherhood of Electrical Woikers , et al., 44
N. L. R B 665 ; Matter of Pacific Gas and Electric Company and International Brother-
hood of Elect , ical Workers, et al , 45 N. L R B 536 ; Matter of Pacific Gas and
Electric Company and Utility Workers Organizing Committee , C. 1 0, 46 N L. R. B
1191; Matte , of Pacific Gas and,Electiic Company and International Brotherhood of
Electrical Workc,s, 47 N. L R B 264 ; and Matter of Pacific Gas and Electric Com-
pany and International Brotherhood of Electrical Workers , 48 N. L. R. B 1169.
812 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
owns- and operates. 14 gas manufacturing -plants, all of which are
situated within the State.
A large number of manufacturing industries, including war indus-
tries situated in the area served by the Company and engaged in ship-
ping and receiving commodities in interstate or foreign commerce, are
wholly dependent on the Company for gas and electric power essential
to the operation of their plants. The United States Government pur-
chases large quantities of electricity and gas from the Company for
the purpose, among others, of operating its numerous post offices and
military installations in California.. The Company supplies power
to newspapers, to the Associated Press, to the San Francisco and
Oakland airports, to the Dow-Jones & Company ticker service, to oil
refineries, to shipbuilding and repair concerns, to steamship lines, to
navigation aides, and to interstate railways, telegraph and telephone
companies, and broadcasting stations.
If. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers is a labor organiza-
tion affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
Utility Workers Organizing Committee is a labor organization af-
filiated with the Congress of Industrial Organizations, admitting to
membershp employees of the Company. -
III. THE ' QUESTIONS CONCERNING REPRESENTATION
The I. B. E. W. and the U. W. O. C. agree that a bargaining unit
restricted to employees of the Company in' the outside forces of the
San Joaquin Power Division and bargaining units, restricted to office
and clerical workers in the Humboldt and Shasta Divisions, respec-
tively, constitute separate bargaining units. With respect to a unit
restricted to employees in the outside forces of the San Joaquin Power
Division, the Company takes the,position that the only unit appropriate
for these employees is a system-wide unit of employees in the outside
forces, coextensive with the Company's utility operations. With re-
spect to the separate proposed units for office and clerical employees in
the Humboldt and Shasta Divisions, the Company takes the position
that the only unit approriate for its office and clerical employees is a
system-wide unit of office and clerical employees, coextensive with its
public utility operations.
A statement prepared by the Regional Director and introduced into
evidence at the hearing indicates that the I. B. E. W. represents a
PACIFIC GAS & ELECTRIC COMPANY. 813
substantial number of employees in each of the units herein found
appropriate.2
We find that questions affecting commerce have arisen concerning`
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNITS
As noted in Section III, above the Company takes the position that
system-wide units, composed respectively of employees in its outside
forces and of its clerical and office employees, coextensive with its
public utility service, are the only units of its employees appropriate
for bargaining purposes. The I. B. D. W. and the U. W. 0. C. agree
that separate units restricted to employees in the outside forces of the
San Joaquin Power Division, to clerical and office employees in the
Humboldt Division, and to clerical and office employees in the Shasta
Division, respectively, constitute appropriate bargaining units.
A. The San Joaquin Power Division unit
The Company is chiefly. engaged in the business of generating, buy-
ing, transmitting, selling, and distributing electric energy, and buy-
ing, manufacturing, transporting, selling, and distributing gas. The
territory served by the Company in northern and central California
is an area of more than 100,000 square miles. The Company is one
of the largest utility corporations in the United States and employs
approximately 12,000 persons. The Company's headquarters or "gen-
2 In support of its claim to represent employees of the Company in the San Joaquin
Power Division, the I . B E. W. Submitted to the Regional , Director applications for
membership , dues record cards, and a certified copy of its official membership roster, con-
taining the names of 540 members in good standing as of March 19, 1943. Of these
names, 368 are the names of employees of the Company on the February 15, 1943, pay
roll. There ale approximately 900 employees in the unit found appropriate for em-
ployees of the San Joaquin Power Division.
In support of its claim to represent office and clerical employees in the Humboldt
Division , the I B . E. W. submitted application cards , dues records , and a certified copy
of its official membership roster, containing the names of 19 members in good standing as
of March 13 , 1943 Of these names , 19 are the names of employees of the Company on
the February 15, 1943 , pay roll There are approximately 22 employees in the unit
herein found appropriate for clerical and office employees in the Humboldt Division.
In support ,of its claim to represent office and clerical employees in the Shasta Division,
the I B E W. submitted application cards, dues records , and a certified copy of its
official membership roster, containing the names of 36 members in good standing as of
March 13, 1943 Of these names, 27 are the names of employees of the Company on the
February 15, 1943, pay roll. There are approximately 41 employees in the unit found
appropiiate for office and clerical employees of the Shasta Division
The U. W 0. C. submitted no evidence of its representation among employees con-
cerned in this consolidated proceeding The I. B. E W concedes that the U. W. 0. C.
has ;been organizing the Company's employees and that- it,represents a sufficient number
of employees in the San Joaquin Power Division to entitle the U. W. 0. C. to participate
in any election which the Board may direct among them.
Y
814 DECISIONS OF NATIONAL LABOR i ELATI'ONS, BOARD
oral office" is at San Francisco, where its general business and labor
policies are determined and the executive control of its utility opera-
'tions is centered. Connected with its general office, the Company
maintains certain over-all operating departments which supply service
to all parts of its extensive system.3
Over-all control of supply and distribution of gas and electric
energy by the Company is centered at the general office at San Fran-
cisco. For administrative purposes, the Company geographically
divides the area which it serves into 13 sections, called geographical
divisions. These are known as the East Bay, Sacramento, Shasta,
Humboldt, Drum, Stockton, De Sabla, Colgate, Coast Valleys, San.
Francisco, North Bay, San Jose, and San Joaquin Power Divisions'
The administrative head of each geographical division is the divi-
sion manager. Each geographical division is for administrative pur-
poses subdivided into districts. District managers have administrative
jurisdiction over local matters under the general supervision of the
division manager. Similarly, within the several districts, are sub-
stations or agents directly answerable to the district manager and,
through him, to the division manager., The division manager thus has
supervisory control of all work performed by employees of the divi-
sion and he is directly answerable to the 'Company's general office.
Each division keeps employment records and customers' accounts for
the information of the Company's general office, where the central
accounting is made. The duties, responsibilities, and functions of
employees within each division are primarily confined to that division,
although employees may be transferred from one division to another,
upon action of the personnel department of the general office.
The Company contends that employees in the San Joaquin Power
Division do not properly constitute a separate bargaining unit on the
ground that the San Joaquin Power Division does not operate an
autonomous business independent of the related departments and divi-,
sions of the Company's utility enterprise. We find no merit in this
'contention. The San Joaquin Power Division, like the other geo-
graphical divisions, is an administrative unit set up by the Company
for the orderly performance of its local business. All employees
working therein are subject to the direction and control of the division
k
8 These over-all operating departments are the General Construction Department, the
Central Supply Department, the Bureau of Tests and Inspection, and the Natural Gas
Division. In prior representation proceedings,, cited in footnote 1, above, the Board found
that employees restricted to these several departments of the Company's operations con-
stituted separate bargaining units
, In prior representation proceedings, cited in footnote 1. above, the Board has found
that employees of the Company in the outside forces of the East Bay, Sacramento, Shasta,
Humboldt Drum, Stockton, De'Sabla, Colgate, Coast Valleys, San Francisco, North Bay,
and San Jose Divisions , respectively , constitute separate appiopriaie bargaining units
I' ,
PACIFIC GAS & ELECTRIC COMPANY 815
manager. Employees in the outside forces of the San Joaquin Power
Division are the only employees in the- Company's outside forces not
included in bargaining units already found appropriate by the Board.
For these reasons, and on the basis of the whole record, we conclude
and find that employees in the outside forces of the San Joaquin
Power Division constitute an appropriate bargaining unit apart from
employees in other administrative sectors of the Company's public
utility operations.
The I. B. E. W. and the U. W. O. C. agree that all employees of
the Company in the outside forces of the San Joaquin Power' Divi-
sion, including outside field employees, workers employed in the gen-
erating stations, substations, gas plants, steam plants, and other shops
and plants, and meter 'readers, combination meter readers and col-
lectors, collectors, salesmen, estimators, mappers, inspectors, watch-
men, and building service employees, but excluding officials, executive
officers, comptometer operators, clerical and office employees,,and em-
ployees of the rank of. job foremen and above the rank of job foremen,
should be included in the proposed unit. They further agree that the
proposed unit includes classifications of employees included in the other
geographical units of the Company's employees, previously found by
the Board to be appropriate. The Company made no objection to the
inclusion or exclusions of categories of employees within the proposed
unit. The unit, as phrased above, does not expressly include field
clerks and clerks in generating stations, categories of employees ex-
pressly included in certifications issued by the Board for employees
in other geographical divisional units. We shall expressly include in
the unit for outside employees of the San Joaquin Power Division
employees in.both these categories. With respect to the description
of minor supervisory employees to be included in the unit, we shall
adopt the phraseology used in other geographical units found appro-
priate for the Company's employees, and we shall include within the
unit working foremen who do not have the power to hire or discharge
employees under their supervision, and shall exclude other foremen
and supervisory employees.
We find that all employees of the Company-in the outside forces of
the San Joaquin Power Division, including outside field employees
and field clerks, workers and clerks employed in generating stations,
,substations, gas plants, steam plants, and other shops and plants, and
meter. readers, combination meter readers and collectors, collectors,
salesmen, estimators, mappers, inspectors, watchmen, building sem'ice
employees, and working foremen who do not have the power to hire
or to discharge employees under their supervision, but excluding other
816 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
foremen 'and supervisory employees, officials, executives , comptometer
operators , and clerical and-office employees , constitute a unit appro-
priate for the purposes of collective baragining , within the meaning
of Section 9 (b) of the Act.
'r
B. The office and clerical units
In prior representation proceedings , cited in footnote 1, above, the
Board found that employees in the outside , forces of the Company's
Humboldt and Shasta Divisions , respectively , constituted separate
appropriate bargaining units. The proposed units of office and cleri-
cal employees constitute , ' respectively , residual groups of employees
in the Humboldt and, Shasta Divisions . Employees within the pro-
posed units perform work of a clerical nature in the Company 's offices
within their respective divisions . They are permanently assigned
to their division and to offices within the division . There is some
transfer of office employees within the division . Office employees may
be 'transferEed from one division office to another, but such transfers
are not common . The work interests of these office employees are
clearly distinguishable from the work interests of employees in the
Company's outside forces , among whom are plant clerks, shop clerks,
and the so-called "physical " employees.
The Board has found that the several geographical divisions of the
Company's operations ' constitute administrative units with sufficient
cohesion and autonomy to justify the Board in setting up bargaining
units confined to employees in the outside forces of such divisions'.
Since the Board has already set apart such employees in the Humboldt
Division and in the Shasta Division as separate bargaining units, and
since employees within the proposed clerical units constitute , respec-
tively, residual groups of employees within each of these geographical
divisions , we find that office and clerical employees in the Humboldt
and Shasta Divisions , respectively , constitute separate appropriate
bargaining units, apart from other office - and clerical employees of the
Company. We shall exclude from these units supervisory employees
with authority to hire and discharge.
We find that all office and clerical employees of the Company in its
Humboldt and Shasta Divisions , respectively , excluding officials , execu-
Live officers , supervisory employees with authority to hire and dis-
charge, and all employees in the outside forces, constitute separate
units appropriate for the purposes of collective bargaining , within the
meaning of Section 9 (b) of the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
/. -
We find that the questions concerning :repr'esentation which have
arisen can best be resolved by separate elections by secret ballot.
PACIFIC GAS & ELECTRIC COMPANY 817
At the hearing, the U. W. O. C. expressed a desire to participate in
any elections which the Board might direct among employees involved
in this consolidated proceeding. Subsequent to the hearing, the U. W.
O. C. filed a request that its name should not be placed upon the ballot
in elections among employees in the Humboldt and Shasta Divisions.
The U. W. O. C. did not submit any evidence to indicate the extent
of its interest among employees in any of the units found appropriate
herein. The I. B. E. W. concedes that the U. W. O. C. represents a
substantial number of employees in the outside forces of the San
Joaquin Power Division. We shall, accordingly, provide that the
U. W. O. C. participate in the election among these employees.
Those eligible to vote in the separate elections shall be all employees
of the Company in the respective units found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
preceding the date of the Direction of Elections herein, subject to the
limitations and additions set forth in the Direction. -
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations 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 Pacific Gas and
Electric Company, San Francisco, California, separate elections 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 Twentieth 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 of the Company within the respective units set
forth below, who were employed during the pay-roll period immedi-
ately 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 employees who have since quit or been discharged
for cause,
(1) All employees in the outside forces of the San Joaquin Power
Division in the unit found appropriate in Section IV, above, to deter-
mine whether they desire to be represented by International Brother-
hood of Electrical Workers, affiliated with the American Federation of
Labor, or by Utility Workers Organizing Committee, affiliated with
$1$ DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
the Congress of Industrial Organizations , for the purposes of collec-
tive bargaining, or by neither; and
(2) All office and clerical employees in the Humboldt and Shasta
Divisions , respectively , in the separate units found appropriate, in
Section IV, above, to determine whether or not they desire to be repre-
sented by International Brotherhood of Electrical Workers, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining.
MR. GERABD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
I