Fort Dodge Telephone Co.

National Labor Relations Board - Board DecisionsApr 30, 1946

67 N.L.R.B. 1075 (N.L.R.B. 1946)

In the Matter of FORT DODGE TELEPHONE COMPANY and NORTHWESTERN UNION OF TELEPHONE WORKERS, AFFILIATED WITH NATIONAL FEDERA- TION OF TELEPHONE WORKERS Case No. 18-R1453.Decided April 30,1946 Mr. D. M. Kelleher, of Fort Dodge, Iowa, for the Company. Messrs. C. D. Peebler and J. W. Boustead, of Des Moines, Iowa, for the Union. Mr. Donald B. Brady, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE Upon a petition duly filed by Northwestern Union of Telephone Workers, affiliated with the National Federation of Telephone Work- ers, herein called the Union, alleging that a question affecting com- merce had arisen concerning the representation of employees of Fort Dodge Telephone Company, Fort Dodge, Iowa, herein called the Company, the National Labor Relations Board, on February 28, 1946, conducted a pre-hearing election pursuant to Article III, Sec- tion 3,1 of the Board's Rules and Regulations, among employees of the Company in the alleged appropriate unit, to determine whether or not they desired to be represented by the Union for the purposes of collective bargaining. At the close of the election a Tally of Ballots was furnished the parties. The Tally shows that of approximately 86 eligible voters, 65 cast valid ballots, of which 64 were for the Union, 1 was against, and none were challenged. Thereafter, pursuant to Article III, Section 10,2 of the Rules and Regulations, the Board provided for an appropriate hearing upon due notice before Clarence A. Meter, Trial Examiner. The hearing 1 By amendment of November 27, 1945 , this Section of the Rules now permits the conduct of a secret ballot of emplo3ees prior to hearing in cases which present no substantial issues. 2 As amended November 27, 1945, this Section provides that in instances of pre-hearing elections , all issues , including issues with respect to the conduct of the election or conduct affecting the election results and issues raised by challenged ballots , shall be heard at the subsequent hearing. 67 N. L. R. B.. No. 136. 1075 1076 DECISIONS OF NATIONAL LABOR RELATIONS BOARD was held at Fort Dodge, Iowa, on March 15, 1946 . The Company and the Union appeared and participated . All parties 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 1. THE BUSINESS OF THE COMPANY Fort Dodge Telephone Company is a Delaware corporation with its principal office and place of business at Fort Dodge, Iowa, where it is engaged in the operation of a local telephone exchange which serves the city of Fort Dodge and surrounding rural areas . During the year 1945, the total revenue of the Company was $273,139 .32, of which $63,432.21 represented the revenue from toll calls and the remainder represented local service. During the same period , the Company purchased operating and maintenance equipment and materials valued at in excess of $15,000, of which over 90 percent was shipped to the Company from points outside the State of Iowa. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED Northwestern Union of Telephone Workers is a labor organization, affiliated with the National Federation of Telephone Workers, admit- ting to membership employees of the Company. III. TIIE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of its employees until the Union has been certified by the Board in an appropriate unit. 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 We find, substantially in accord with the agreement of the parties, that all employees of the Fort Dodge Telephone Company, Fort Dodge, Iowa, excluding the general manager , treasurer , and assistant secretary, the cashier , the bookkeeper , the pay -roll bookkeeper , the commercial FORT DODGE TELEPHONE COMPANY 1077 representative, superintendent, wire chief, foreman, traffic chief, local day chief operator, local evening chief operator, toll day chief oper- ator, toll evening chief operator, night chief operator and all or 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 appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The results of the election held prior to the hearing show that the Union has secured a majority of the valid votes cast. Accordingly, we shall certify the Union as the collective bargaining representative of the employees in the appropriate unit. CERTIFICATION OF REPRESENTATIVES 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, Sections 9 and 10, of National Labor Relations Board Rules and Regulations-Series 3, as amended IT IS HEREBY CERTIFIED that Northwestern Union of Telephone Work- ers, affiliated with National Federation of Telephone Workers, has been designated and selected by a majority of all employees of Fort Dodge Telephone Company, Fort Dodge, Iowa, excluding the general manager, treasurer, and assistant secretary, the cashier, the book- keeper, the pay-roll bookkeeper, the commercial representative, super- intendent, wire chief, foreman, traffic chief, local day chief operator, local evening chief operator, toll day chief operator, toll evening chief operator, night chief operator, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such ac- tion, as their representative for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Certification of Representatives.