Texas Telephone Co.

National Labor Relations Board - Board Decisions

Mar 9, 1951

93 N.L.R.B. 741 (N.L.R.B. 1951)

TEXAS TELEPONE COMPANY 741
the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the
Act.'
Order
Upon the basis of the entire record in this case, it is hereby ordered
that the petition filed in the instant matter be, and it hereby is,
dismissed.
4 W. K B If , Inc, 81 NLRB G ; , Ifeir4ll Stevens Dry Dock & Repair Company, 79
NLRB 962
TEXAS TELEPHONE COMPANY and COMMUNICATIONS WORKERS OF
AMERICA, CIO, PETITIONER and INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL B 1162, AFL, INTERVENOR. Case No.
16-I?C-6.3t7. Dtareh .9, 1951
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Charles Y. Latimer,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Members Houston, Reynolds, and Styles].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain
employees of the Employer.
The Intervenor and Employer contend that an overriding contract,
expiring July 1, 1950, between Telephone Services, Inc.,' and the
International Brotherhood of Electrical Workers, AFL, and made
a part of the basic contract of 1947, between the Intervenor and Em-
ployer, is a bar to the petition. We do not agree. The contract is
not a collective bargaining contract. It contains no provisions relat-
ing to terms and conditions of work, but provides only for the furnish-
ing of, and procedures for, arbitration services to the parties. Such
a contract is no bar to a representation proceeding?
The Intervenor further urges its basic contract executed August 20,
1947, effective A ugust 1, 1947, and supplemental amendments thereto.
I Formerly Telephone Management Company
2 Danner Prc s of canton , Inc , 91 NLRB 237.
93 NLRB No. 108
742 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as a bar. As this contract is one which is terminable at will by either
party,3 it cannot operate as a bar.'
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaiiiug of Sectiw-i 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Employer is a Texas corporation, engaged in the business of
receiving and transmitting telephone messages and communications,
and providing local toll and long distance service. Its general offices
are located at Sherman, Texas, and its system includes 19 exchanges.
This system services an area from Sherman south to' Aransas Pass,
a distance of approximately 460 miles, and from east to west through
Sherman for a distance of approximately 110 miles. Ten of the
Employer's exchanges are employee operated,' 4 are unattended dial
exchanges," and 5 7 are operated by independent contractors under a
written contract arrangement." The Employer has employees at all 10
employee-operated exchanges.9 There are no employees at the un-
attended dial exchanges, nor are there any employees of the Employer
at the 5 exchanges operated by the independent contractors.
The Petitioner seeks primarily a unit of all nonsupervisory em-
ployees of the Employer not presently represented by it.- If the
Board does not deem appropriate a separate unit of these employees,
the Petitioner, in the alternative, seeks to add these employees to the
unit it presently represents, resulting in a system-wide unit of all
nonsupervisory employees of the Employer. The Employer urges
that neither of the units sought by the Petitioner is appropriate,
3 "This agreement . . shall take effect August 1. 1947, and shall remain in full force
and effect until and including July 31, 1948, and shall continue in trill force and effect
thereafter unless it has been cancelled or amended by giving of sixty (60) days' written
notice from either party to the other, if amendment is desired the contents of amendment
shall accompany the notice." The contract has been twice amended, but no change was
effected in this provision.
IMountain States Telephone anal Telegraph Company, 90 NLRB No 221. The Interven-
or's motion is overruled
5 Sherman, Bonham, Comanche, Plano, Garland, Denton, Whitesboro, Van Alstyne,
Pilot Point, and Aransas Pass
6 Bally, Ecton, Toga, and Willie.
Collinsville, Gustine, Howe, Ingleside, and Mount Calm.
The parties are in agreement that these exchanges are operated by independent con-
tractors, and employees at these stations are not involved in this proceeding
0 There are traffic employees at all 10 of the employee-operated exchanges ; commercial
employees work at some of the exchanges; plant department employees work at or out of
7 of the 10 exchanges, and all employees of the general office clerical and commercial,
and general office accounting departments, work only at Employer's headquarters
10 Traffic and commercial at Sherman, Bonham, Comanche, Plano, and Garland exchanges,
and general office and clerical, and general accounting at Sherman. The Petitioner pres-
ently represents all plant department employees of the Employer wherever located, as
well as nonsupervisory employees in the traffic and commercial departments at Denton,
Whitesboro, Van Alstyne, Pilot Point, and Aransas Pass. Intervenor represents traffic
department employees in the Sherman and Bonham exchanges. Traffic and commercial
employees at Comanche, Plano, and Gailand, and general office and clerical, and general
accounting office employees in the Employer's headquarters office in Sherman have never
had representation 0
TEXAS TELEPONE COMPANY 743
and urges as appropriate three departmental units: ( 1) Plant, (2)
traffic and commercial , and (3) general office and clerical , and general
office accounting . In the alternative , it seeks two departmental units :
(1) Plant, and ( 2) traffic and commercial , and general office and,
clerical, and general office accounting . The Intervenor contends that
the units presently established are appropriate and relies upon its
contract.
The bargaining history of the parties has come about as an.
outgrowth of organizing activities of the two labor organizations,
concerned herein, operating within different geographical and admin-
istrative segments of Employer 's territory . The first contract nego-
tiated with the Employer was in 1939 by the Southwestern Telephone,
Workers Union, predecessor of the Petitioner . This contract covered
all nonsupervisory plant employees of the Employer . During the
same year, Petitioner 's predecessor negotiated a separate contract
covering the traffic employees at Denton , and in 1940 this contract
was negotiated to include the commercial employees of Denton. These
two contracts were separately negotiated year after year thereafter,
with no further coverage of employees , until 1949. In 1948, a third
separate contract was negotiated by the Petitioner " and Employer
covering the traffic and commercial employees of Aransas Pass, Pilot
Point, Van Alstyne, and Whitesboro. In 1949, however, a single
contract, covering all of the above-mentioned employees, was nego-
tiated by the Petitioner and Employer . This contract has governed
the relationship of the Petitioner and the Employer since that time.
The Intervenor and the Employer negotiated their first contract
in 1940 covering the traffic employees at Sherman . In 1941, the traffic
employees at Bonham were added, and this contract, which represents
the only coverage of employees by the Intervenor , has been negotiated
year after year. The present contract was negotiated in 1947. It
has been amended from time to time, and as amended, represents the
contract relied upon by the Intervenor in this proceeding.
The Employer 's operations follow the usual pattern of operations,
found in the telephone industry of companies of the same character
as that of the Employer-( 1) plant, which installs and maintains all
the Employer 's telephonic equipment ; ( 2) traffic and commercial,
which operates the equipment , and handles the clerical work at the
various exchanges ; ( 3) general office and clerical ; and (4 ) general
accounting , performing the clerical and accounting functions of the
Employer at its general office headquarters in Sherman . Although
each department performs a separate and distinct function , the opera-
tions are highly integrated and interdependent and there exists
similarity of tasks and employment conditions throughout its system.
"Petitioner succeeded to the Southwestern Telephone Workers Union in 1947.
'744 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Also, there is a centralized control of personnel policies. Further-
more, although working conditions and wages of the employees in
these departments may differ in some respects, there exists a com-
munity of interest among the employees because of their common
interest in rendering a public service 12 The Board has frequently
held that in public utilities, where these factors are present, system-
wide units are the most appropriate for the purposes of collective
bargaining.13 This is particularly true where, as here, bargaining
has progressed toward the development of such a unit.
Accordingly, while we perceive no basis for establishing as a
separate unit the employees not presently represented by the Pe-
titioner, we do find, in accord with the Petitioner's alternative request,
that these employees may properly be added to the over-all unit. As
no question of representation exists at the present time in the larger
unit, we shall direct an election among the following employees and
give them an opportunity to express their desires with respect to repre-
sentation as part of such a unit 14 If a majority of the employees in
the voting group cast their ballots for the Petitioner, they will be
taken to have indicated their desire to be a part of the over-all system-
wide unit, and the Petitioner may bargain for such employees as part
,of this unit.
Voting Group
All regularly employed nonsupervisory employees of the Employer
in its traffic and commercial departments at Sherman, Bonham,
Comanche, Plano, and Garland, and all general office and clerical
and general accounting departments at Sherman, excluding all other
employees and supervisors, as defined in the Act 15
'[Text of Direction of Election omitted from publication in this
volume.]
12 The Ohio Associated Telephone Company, 82 NLRB 972
13 Two States Telephone Company, 90 NLRB 2008 , Pacific Telephone and Telegraph
Company, 85 NLRB 713, and cases cited therein ; Del Rio & Winter Garden Telephone
Company, 85 NLRB 199
14 Great Lakes Pipe Line Company, 92 NLRB 583.
15 The parties agree that chief operators are supervisors . The Employer, in'Its brief,
asks the specific exclusion of the following classifications : Plant superintendent, traffic
and commercial superintendent, equipment supervisor, field supervisor , assistant field
supervisor, field man, all district managers, all managers, all chief operator-cashiers, all
tiaffic supervisors, all wire chiefs, and all professional employees. Obviously a number
of these classifications are supervisors, but the record does not disclose the duties of all
the personnel classifications listed and we are unable, therefore, to determine their status.
If they are supervisors, they are, of course, excluded from the voting group.