Pacific Gas & Electric Co.

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