Illinois Allied Telephone Co.

In the Matter Of ILLINOIS ALLIED TELEPHONE Co. and LOCAL UNION B 702, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, A. F. L. Case No. B-5772.-Decided August 20, 1943 Mr. H. Crandell, of Princeton, Ill., for the Company. Mr. E. L. Tillman, of Peoria, Ill., for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT .OF THE CASE Upon petition duly filed by Local Union B 702, International Brotherhood of Electrical Workers, affiliated with the American Fed- eration of Labor, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of the Illinois Allied Telephone Co., Princeton, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Lester Asher, Trial Examiner. Said hearing, was held at Princeton, Illi- nois, on July 30, 1943. The Company and the Union appeared, par- ticipated, 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: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Illinois Allied Telephone Co. is an Illinois corporation with its principal office and station at Princeton, Illinois. It operates and maintains nine stations in Bureau county, Illinois, for the purpose of supplying telephone service throughout the county, and receiving and transmitting messages within the State of Illnois. It also serves 52 N. L. R. B., No. 4. 20 ILLINOIS ALLIED TELEPHONE CO. 21 as agent for the Illinois Bell Telephone Co. in receiving and trans- mitting messages to and from States other than the State of Illinois. Approximately 39 percent of. the materials and supplies purchased by the Company for use and maintenance of its business was purchased from points outside 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 Local Union B 702, International Brotherhood of Electrical Work- ers is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant exclusive bargaining rights to the Union until there has been certification by the Board. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Union represents a substantial num- ber of employees in the unit hereinafter found to be appropriate.' 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 to represent a unit comprised of those employees of the Company engaged as operators, clerks, cashiers, bookkeepers, chief operators and assistant chief operators at all its stations, ex- cluding the chief operators at the Princeton, Spring Valley, and Manlius stations, and the stenographer who acts as secretary to the president of the Company. The Company agrees that the scope of the unit sought by the Union is appropriate, but contends that all chief operators and assistant chief operators, cashiers, and bookkeepers should be excluded on the ground that they are either supervisory employees or employees in- tegrally related to management. The Company employs eight chief operators and two assistant chief operators at its various offices. As hereinbefore indicated, the Union does not seek to represent the chief operators at the Prince- ton, Spring Valley, and Manlius offices, admitting that they are actually supervisory employees. However, it contends that the other 'The Regional Director reported that the Union submitted 39 designation cards bearing apparently genuine original signatures , of which 37 contain the names of persons appearing upon the Company pay roll of June 30 , 1943 This pay roll contains the names of approxi- mately 58 persons within the appropriate unit. 22 DEICISIONS OF NATIONAL LABOR RELATIONS BOARD chief operators and the assistant chief operators should be included within the unit on the ground that they take regular turns at the switchboard. The record discloses that all chief operators can rec- ommend the hiring and discharging of employees, and, in cases of insubordination, possess the power to discharge immediately ; that the assistant chief operators, both of whom are stationed in the Princeton office, succeed to all of the duties and powers of the chief operator in her absence. Chief operators receive 40 to 50 percent more pay than the operators and the assistant chief operators re- ceive approximately 10 percent more than the operators. We are of the opinion that these employees occupy a supervisory status; we shall exclude them. 2 The bookkeeper is actually an officer of the Company. 3 She keeps the books, records and general accounts of the Company, handles its general bookkeeping, prepares its pay-roll records and income tax returns, and makes out confidential reports. The assistant book- keeper, whom the Company describes as a "chief clerk," is in charge of a group of clerks who prepare,the bills and records used by the Company in the course of its business. The assistant bookkeeper has the power to recommend the hiring and discharge of these clerks. The bookkeeper receives a salary approximately twice that of the clerks and the assistant bookkeeper receives approximately 50 per- cent more than those employees. We are of the opinion that these two employees exercise supervisory duties and powers and shall, therefore, exclude them from the unit. The Company employs two persons as cashiers who collect ac- counts, make reports on collections, and also act as Company rep- resentatives in taking service orders. In" addition, they receive the accounts of the various offices and bank the money. The Company seeks to exclude these employees from the unit, contending that they are an integral part of the management. We are of the opinion, however, that their duties are not such as would warrant the de- privation of their rights to collective bargaining. We shall include them within the unit. 4 We find that all employees of the Company engaged as operators, cashiers, and clerks, excluding the chief and assistant chief operators, bookkeepers and assistant bookkeepers, and the stenographer who acts as secretary to the president of the Company, as well as any other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit ap- 2 See Matter of Illinois Commercial Telephone Company, 51 N. L. R. B 207; see Matter ,of Southwestern Associated Telephone Company, 35 N. L. R. B. 84. 3 The bookkeeper holds the position of treasurer. 4 See Matter of Illinois Commercial Telephone Company, eupra; also see Matter of Southwestern Associated Telephone Company, supra. ILLINOIS ALLIED TELEPHONE CO. 23 propriate for the purposes of collective bargaining within the mean- ing 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 em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions 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 Allied Telephone Co., Princeton, 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 Thirteenth 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 Local Union B 702, International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor, for the purposes of collec- tive bargaining. CHAIRMAN 1VIILUs took no part in the consideration of the above Decision and Direction of Election.