Pacific Gas and Electric Co.

National Labor Relations Board - Board Decisions

Sep 5, 1946

70 N.L.R.B. 1179 (N.L.R.B. 1946)

In the Matter Of PACIFIC GAS AND ELECTRIC COMPANY, EMPLOYER
and INTERNATIONAL, BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
1245, A. F. L., PETITIONER
Case No. 20-B-1791.-Decided September 5,1946
Mr. J. Paul St. Sure and Mrs. Anne•Christiansen, of San Francisco,
Calif., for the Employer.
Messrs. Charles W. Mason and H. M. Scoble, of San Francisco,
Calif., for the Petitioner.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at San
Francisco, California, on July 19, 1946, before Thomas J. Davis, Jr.,
Trial Examiner. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Pacific Gas and Electric Company, a public utility corporation
organized under the laws of California, is engaged in the generation,
buying, transmitting, selling and distribution of electrical energy,
natural gas, and manufactured gas in the central and northern portion
of the State of California. It sells gas and electric power to a large
number of manufacturing industries engaged in interstate and foreign
commerce and to the United States Government which operates post
offices and military installations located in the area served. The
Employer also supplies power to the San Francisco and Oakland
airports, shipbuilding and repair concerns, steamship lines, railroad,
telephone and telegraph companies, and radio broadcasting stations.,
3 A more detailed statement of the Employer 's operations is set forth In a Decision and
Direction of Election , issued In an earlier proceeding, involving employees in its Stockton
Division . Matter of Pacific Gas and Electric Company, 61 N. L R B. 564. The parties
entered Into stipulation in the instant case bringing up to date certain figures relating to
quantities , loads , and amounts in the volume of the Employer 's business currently done.
70 N. L. R. B., No. 101.
1179
1180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that the Employer is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the Pe-
titioner has been certified by the Board in an appropriate unit.
On April 14, 1945, the Board issued a Decision and' Direction of
Election in Case No. 20-R-1295, a prior representation proceeding con-
cerning the Employer's clerical employees in the Stockton Division.2
On May 17,1945, when the results of the election disclosed that no bar-
gaining representative had been selected by a majority of employees
participating therein, the Board dismissed the petition. The Em-
ployer contends that the Board should not entertain the instant peti-
tion covering these employees at this time. We find no merit in this
contention. More than a year has elapsed since the prior petition was
dismissed. A new election held at this time may result in the selection
of a bargaining representative.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In the prior representation proceeding noted in Section III, above,
the Board found that-all office and clerical employees of the Employer
in the Stockton Division, including pay clerks but excluding confiden-
tial employees and all supervisory employees within our usual defini-
tion of that term, constituted an 'appropriate bargaining unit. Sub-
ject to one exception discussed below, no changes have taken place in
the job classifications of employees covered by the described unit.'
The Employer urges, as in the prior proceedings, that certain pay-
roll clerks be excluded from the bargaining unit as confidential em-
ployees, on the ground that some files to which they have occasional ac-
cess contain personnel and pay-roll data, interspersed in the same file.
For reasons which we set forth in our decision in the prior proceeding,
we find no merit in this contention.
2 See footnote 1, above.
8 For the purposes of our decision in the instant proceeding , the parties stipulated that
the record In Case No . 20-R-1295 should be deemed part of the official record In the
instant ca,e.
PACIFIC GAS AND ELECTRIC COMPANY 1181
The position of service, adjuster has apparently been added to the
office force during the past year. This employee works at a counter in
the Stockton office, answering questions and adjusting complaints
raised by customers concerning bills rendered to them for services per-
formed by the Employer. His duties are routine in nature. He has
no supervisory authority. His duties are clearly distinguishable from
those of the special representatives in the Service Bureau, who investi-
gate complaints in the field and negotiate settlements in connection with
service. In accordance with the agreement of the parties, we will
include the service adjuster in the unit.
We find that all office and clerical employees in the Employer's
Stockton Division, including the service adjuster and pay-roll clerks,
but excluding confidential employees and all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Pacific Gas and Electric Company,
San Francisco, California, an election by secret ballot shall be con-
dueted 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, Sections 10 and 11, of National Labor Relations Board Rules
and Regulations-Series 3, as amended, 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 those em-
ployees who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether or not they desire to be represented by the A. F. of L.,
International Brotherhood of Electrical Workers, Local 1245,4 for
the purposes of collective bargaining.
Mn. JAMES J. REYNOLDS, JR., took no part in the consideration of the
above Decision and Direction of Election.
* The Petitioner desires that its name appear upon the ballot , as set forth in the Direction
of Election . In any certification of representatives which we may issue as a result of this
election , the name of the Petitioner will appear as on the ballot.