United Telephone Co.

In the Matter Of UNITED TELEPHONE COMPANY and LOCAL 1140, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFFILIATED WITH AMERICAN FEDERATION OF LABOR Case No. C-1575.-Decided June 3, 1940 Communications Industry-Settlement: stipulation providing for compliance with the Act, including the disestablishment of the union alleged in the com- plaint to have been dominated by the respondent, and the placement of employees alleged to have been discriminatorily discharged on a preferential list-Order : entered on stipulation. Mr. Max W. Johnstone and Mr. John P. Chapman, for the Board. Mr. Ray Johnson, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Local 1140, Inter- national Brotherhood of Electrical Workers, affiliated with the American Federation of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Eighth Region (Cleveland, Ohio), issued its com- plaint dated April 18, 1940, against United Telephone Company, Bellefontaine, Ohio, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor prac- tices affecting commerce, within the meaning of Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notice of hearing thereon were duly served upon the respondent, the Union, and Association of Employees, Inc., herein called the Association, a labor organization alleged in the complaint to be dominated and supported by the respondent. Concerning the unfair labor practices the complaint alleged in sub- stance (1) that on December 4, 1939, and at all times thereafter, the respondent had formed, fostered, encouraged, dominated, and inter- fered with the Association; (2) that on January 3, 1940, the respondent discharged, and thereafter refused to reinstate, Joe Gardner, Carl 24 N. L. R. B., No. 22. 310 UNITED TELEPHONE COMPANY 311 Longbrake, George Morgan Amos, and Joe Wyburn, because they joined and assisted the Union, refused to resign from the Union, re- fused to designate the Association as their representative for the pur- poses of collective bargaining, and engaged in concerted activities with other employees of the respondent for the purposes of collective bar- gaining and other mutual aid and protection; and (3) that by the discharge of said employees, the respondent caused all other union members, with the exception of two, to resign from the Union, and that by the foregoing and by other acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. Prior to the hearing, the respondent, the Union, the Association, and counsel for the Board entered into a stipulation dated April 29, 1940, in settlement of the case. This stipulation provides as follows : STIPULATION It.is hereby stipulated and agreed by and between the United Telephone Company, hereinafter referred to as the respondent, Local No. 1140, International Brotherhood of Electrical Workers affiliated with the American Federation of Labor, hereinafter re- ferred to as the union, Association of Employees, Inc., herein- after referred to as the Association, and Max Johnstone, Attorney, and John P. Chapman, Field Examiner of the National Labor Relations Board, Eighth Region, that: I. Upon a second amended charge filed by the union, the Na- tional Labor Relations Board, hereinafter referred to as the Board, by Oscar S. Smith, Regional Director for the Eighth Region, Cleveland, Ohio, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449, here- inafter referred to as the Act, and acting pursuant to its Rules and Regulations-Series 2 as amended, issued its Complaint and Notice of Hearing on April 18, 1940, against the respondent. II. All parties hereto hereby acknowledge service of such com- plaint, notice of hearing, second amended charge, and copy of the National Labor Relations Board Rules and Regulations, Series 2 as amended, and expressly waive further pleadings, hearing, and the making of findings of fact and conclusions of law by the Board. III. The respondent, an Ohio corporation, is a subsidiary of the Lima, Telephone Company, Lima, Ohio, and has its principal office in Bellefontaine, Ohio, and is now and has continuously been engaged in the business of furnishing local and long dis- tance telephone services, by means of 22 telephone exchanges, to the population of Logan County, Union County and portions of 312 DECISIONS OF NATIONAL LABOR -'RELATIONS BOARD Allen and Shelby Counties in the State of Ohio. Principal cities in this area are Marysville, Ohio, and Bellefontaine, Ohio. The respondent's long distance service is furnished through and by means of the Ohio Bell Telephone 'Company, a subsidiary and associate of the American Telephone and Telegraph Company, a corporation. The American Telephone and Telegraph Company and its 24 associate companies, commonly known as the "Bell System," furnish nation wide communication service through the coordination of plant equipment and services of its associates and other telephone companies similar to the respondent. IV. The respondent's receipts for 1939 amounted to $231,000; approximately 10% of this amount, was derived from the hand- ling of long distance telephone services. In that same year, the respondent purchased materials and equipment valued at approxi- mately $39,000. Approximately $28,000 of this amount repre- sents materials and equipment which came from sources outside the State of Ohio. V. The respondent concedes, for the purpose of this proceeding, only, that its operations affect commerce within the meaning of Section 2 (6) and (7) of the Act. VI. The union and the Association are labor organizations within the meaning of Section 2 (5) of the Act. VII. This stipulation, together with the second amended charge, complaint and notice, of hearing and a, copy of the National Labor Relations Board Rules and Regulations, Series 2 as amended, may be filed with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. and when so filed shall constitute the record in this case. VIII. It is further stipulated that upon the second amended charge, complaint and notice of hearing and upon this stipula- tion an order may forthwith be entered by the Board providing as follows : 1. The respondent, The United Telephone Company, its offi- cers, agents, successors and assigns shall cease and desist from : (a) In any manner interfering with, restraining or coercing its employees in the exercise of their right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act; (b) In any manner dominating or interfering with the adminis- tration of the Association of Employees, Inc. or the formation or administration of any other labor organization of its employees, UNITED TELEPHONE COMPANY 313 or contributing financial or other support to the said Association or to any other labor organization of its employees; (c) From discouraging membership in Local 1140, Interna- tional Brotherhood of Electrical Workers affiliated with the American Federation of Labor, by terminating the employment of, or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire or tenure of em- ployment of its employees or. any term or condition of their employment. 2. The respondent, its cfficers, agents, successors and assigns shall take the following affirmative action to effectuate the poli- cies of the National Labor Relations Act : (a) Refrain from recognition as the representative of any of its employees for the purpose of dealing with the respondent con- cerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment and completely disestablish the Association of Employees, Inc. as such repre- sentatives; (b) Place Joe Gardner, Carl Longbrake, George Morgan Amos, and Joe Wyburn on a preferential list and offer them reinstate- ment in accordance with their seniority, without prejudice to their rights and privileges previously enjoyed, to their former or substantially equivalent positions as such positions become available; (c) Inform personally by letter George Longbreak, Albert Moon, Albert Carmean, and Ammon Coffman, employees who sent the respondent copies of their resignation from the union, that the respondent is not concerned or interested in their union affilia- tion, and that they are free to join any union of their own choosing without any interference, restraint or coercion from the re- spondent; (d) Post immediately in conspicuous places throughout its principal office at Bellefontaine and its twenty-two exchanges and maintain for a period of at least sixty (60) days, consecutive days, notices stating that the respondent will cease and desist in the manner aforesaid and will take the aforesaid affirmative action; (e) Notify the Regional Director for the Eighth Region in writing within ten (10) days from the date of the order, what steps the respondent has taken to comply herewith. IX. It is further stipulated and agreed that any appropriate Circuit Court of Appeals in the United States may upon applica- tion by the Board enter its decree enforcing the order of the Board 314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in the form above set out. The respondent waives its right to contest the entry of any such decree and its right to receive notice of the filing of an application for the entry of such decree. X. This stipulation contains the entire agreement between the parties, there being no agreement of any-kind, verbal or other- wise, which varies, alters or adds to this stipulation. XI. This stipulation shall be of no force and effect unless and until approved by the Board. On May 13, 1940, the Board issued its order approving the above stipulation, making it a part of the record, and transferring the pro- ceeding to the Board for the purpose of entering a decision and order by the Board pursuant to the provisions of said stipulation. Upon the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The United Telephone Company, an Ohio corporation, is a sub- sidiary of the Lima Telephone Company, Lima, Ohio. It has its principal office in Bellefontaine,,Ohio, where it is engaged in the busi- ness of supplying local and long distance telephone service, by means of 22 telephone exchanges, to the population of Logan County, Union County, and Allen and Shelby Counties in the State of Ohio. ' The respondent's long distance service is furnished through and by means of the Ohio Bell Telephone Company, a subsidiary and associate of the American Telephone and Telegraph Company. The American Tele- phone and Telegraph Company and its 24 associate companies, com- 'monly known as the "Bell System," furnish Nation-wide communica- tion service through the coordination of plant equipment and services of its associate and other telephone companies similar to the re- spondent. During 1939 the respondent's total receipts amounted to $231,000, approximately 10 per cent of which were derived from the long dis- tance telephone services furnished by the respondent.. During the same period, the respondent purchased raw materials valued at ap- proximately $39,000, of which amount approximately $28,000 worth were shipped to the respondent from points outside the State of Ohio. The respondent admits that, for the purpose of this proceeding, its operations affect commerce within the meaning of the Act. We find that the above-described operations constitute a continu- ous flow of trade, traffic, and commerce among the several States. UNITED TELEPHONE COMPANY ORDER 315 Upon the basis of the above findings of fact, stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, United Telephone Company, Bellefontaine, Ohio, its officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) In any manner interfering with, restraining or coercing its employees in the exercise of their right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Rela- tions Act; (b) In any manner dominating or interfering with the adminis- tration of the Association of Employees, Inc. or the formation or administration of any other labor organization of its employees, or contributing financial or other support to the said Association or to any other labor organization of its employees; (c) From discouraging membership in Local 1140, International Brotherhood of Electrical Workers affiliated with the American Fed- eration of Labor, by terminating the employment of, or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire or tenure of employment of its employees or any term or condition of their employment. 2. The respondent, its officers, agents, successors and assigns shall take the following affirmative action to effectuate the policies of the National Labor Relations Act: (a) Refrain from recognition as the representative of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment and completely disestablish the Association of Employees, Inc. as such representatives; (b) Place Joe Gardner, Carl Longbrake, George Morgan Amos, and Joe Wyburn on a preferential list and offer them reinstatement in accordance with their seniority, without prejudice to their rights and privileges previously enjoyed, to their former or substantially equivalent positions as such positions become available; (c) Inform personally by letter George Longbreak, Albert Moon, Albert Carmean, and Ammon Coffman, employees who sent the re- spondent copies of their resignation from the union, that the respond- ent is not concerned or interested in their union affiliation, and that 316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD they are free to join any union of their own choosing without any interference, restraint or coercion from the respondent; (d) Post immediately in conspicuous places throughout its prin- cipal office at Bellefontaine and its twenty-two exchanges and main- tain for a period of at least sixty (60) days, consecutive days, notices stating that the respondent will cease and desist in the manner afore- said and will take the aforesaid affirmative action; (e) Notify the Regional Director for the Eighth Region in writing within ten (10) days from the date of the order, what steps the respondent has taken to comply herewith.