Dallas Power & Light Co.

National Labor Relations Board - Board Decisions

Jul 31, 1944

57 N.L.R.B. 791 (N.L.R.B. 1944)

In the Matter of DALLAS POWER & LIGHT COMPANY and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B -69, AFL
Case No. 16-R-951.-Decided July 31, 1944
Messrs . Floyd McGowan, W. Autry Norton, W. G. Moore, and
H. R. Pearson , all of Dallas , Tex., for the Company.
Mr. V. J. Cox, of Dallas, Tex., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Elec-
trical Workers, Local B-69, AFL, herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Dallas Power & -Light- Company, Dallas,
Texas, herein called the Company, the National Labor Relations
Board provided for' an appropriate hearing upon due notice before
Robert F. Proctor, Trial Examiner. Said hearing was held at Dallas,
Texas, on- June '10,,1944. - The Company and the .Union appeared,
participated, and were afforded full opportunity to be heard; to ex-
amine and cross-examine witnesses, and to introduce evidence bearing'
on the issues. At the hearing the Company moved, in effect, to dis-
miss the petition on the ground that no question concerning repre-
sentation had arisen. The Trial Examiner referred this motion to
the0Board. We are of the opinion that a question concerning repre-
sentation has arisen by reason of the fact that, as hereinafter found,
the Company refuses to recognize the Union as the collective bargain-
ing representative of its employees in the absence of certification -by
the Board. The motion is accordingly denied. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. All parties were afforded an opportunity to
file briefs with the Board. The Company's request for oral argument
is denied. Subsequent to the hearing, the Union filed a, letter with
57 N. L. R. B., No. 132.
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792 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Board which is in substance a motion to amend the petition by
eliminating Garage Division employees from the proposed unit.
Since the Company has indicated that it does not oppose the proposed
amendment, the motion is hereby granted.
Upon the'entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Dallas Power & Light Company, a Texas, corporation, is engaged
in the' County of Dallas, Texas, in the generation and distribution of
electric -power and energy. During the past year, the Company dis=
tributed approximately 300 million kilowatt hours of electrical energy
to various customers in the County of Dallas, among which were in-
cluded airlines,-railways; motor freight companies, bus companies,
telephone companies, telegraph, companies,' and newspapers. The
revenue from these operations amounted to approximately $8,500,000.
During the same year, the,Company purchased supplies and parts ,for
use in its operations valued in excess of $50,000, a substantial portion-
of which,. was purchased outside the State of Texas. The Company
does not dispute the jurisdiction of the Board in, this proceeding. '
We find that the Company is engaged-in commerce' within the mean-
ing of -the National Labor Relations Act.
II. THE ORGANIZATION , INVOLVED
International Brotherhood of Electrical Workers, Local B- 69, is a
labor organization affiliated with the/=American Federation of Labor,
admitting to membership employees of the Company.
in. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to-grant recognition" to the Union as exclusive
bargaining representative of certain of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate
We find that a question-affecting commerce has arisen concerning
the representation of employees within the meaning of Section 9 (C)
and Section 2 (6) and (7) of the Act.
1 The Field Examiner reported that the Union submitted 45 designations and that there
were approximately 120 employees in the proposed unit.
DALLAS POWER & LIGHT COMPANY 793
W. THE APPROPRIATE UNIT
The Union seeks to represent a unit comprised- of all employees in
the Company's overhead construction division, underground construe-
tion division,, meter division, and trouble division, including senior
clerks of the trouble'division, but excluding all stenographers,- chief
clerks, senior clerks of all divisions except the trouble division, 'super-
visors. and foremen above the grade of gang foremen, and all other
employees of the Company. The Company agrees that the foregoing
constitutes an appropriate unit, but contends that foremen-line (super-
visory) Class A-1 and A, foremen-operating-pole setting, and fore-
men-operating-transformer' repair, are supervisory employees and
should be excluded from the unit.
N The record indicates that supervisory line foremen, Class A-1 and
A, are salaried employees who have authority to make recommenda-
tions affecting promotions and discharges of employees under their
supervision, and can, take disciplinary action with respect to them.
We'are of the opinion that these employees fall within our customary
definition of supervisory employees and we shall exclude them,
The operating foremen, both pole setting and transformer repair,
supervise small groups of employees, but have the authority to make
recommendations which affect the working status of such employees.
They report directly to the heads of their respective divisions. We
are of the opinion that they, too, -are supervisory employees, and we
shall exclude them.
We find that all employees in the-,Company's overhead.construction,
division, underground construction division, meter division, and
trouble division, including senior clerks of the trouble division, but,
excluding stenographers, chief clerks, senior clerks of all divisions,
except the trouble division, foremen-line (supervisory)' Class A-1 and
A, foremen-operating-pole setting, foremen-operating-transformer
repair, all other supervisory employees with authority, to hire, promote,
discharge, discipline, or, otherwise effect changes in, the status of em-
ployees, or effectively recommend such action, and all other employees
of the Company, constitute a ,unit appropriate for the purposes, of col-
lective bargaining within the meaning of Section 9"(b I ) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. The Com-
pany contends that the Board should make provision for voting in
any such election by employees of the Company who are now in the
armed forces-of the United States. We have carefully considered the
contention of the Company as urged by it both in the record and in its
794 DECISIONS OF NATIONAL LABOR REIsATIONS BOARD
brief, and we are of the opinion that; as state'd-in Mattei of Mine Safety
Appliances Co., 55 N. L. R. B. 1190, it is administratively impracticable
to provide for the balloting by mail of employees in the armed. forces
who are unable; to, appear, at the,polls. ,. Accordingly, only ,those em-
ployees in the armed ' forces of the United States who present them-
selves in person at,the polls will be permitted to vote. We shall direct
that the employees of the Company eligible. to vote in the election shall
be those in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election,
herein, subject to the liinitatio-ns and additions set forth in the
Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested Iii 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for 'the' purposes of collective bargaining with Dallas Power &
,Light Company, Dallas, Texas, an election by secret ballot shall be,con=
ducted 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 Sixteenth Region, acting iii'this natter as
agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among, the
-employee's 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'eicluding
those employees' who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election, to
determine whether or not they desire to be represented by International
Brotherhood of Electrical Workers, Local B-69, AFL', for the purposes
of collective bargaining.
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Election. . -
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