Local Union 89, International Brotherhood of Electrical Workers, Afl-Cio v. General Telephone Company of the Northwest

Local Union 89 brought this suit for declaratory relief under § 301(a) of the Taft-Hartley Act, 29 U.S.C. § 185 (a), seeking judgment establishing that the collective bargaining contract to which the Union and appellant Telephone Company are parties includes within its coverage the category of company employees designated as “traffic supervisors.” Judgment was for the Union and the company has taken this appeal.

The contract was dated July 16, 1966, with a two-year term. “Traffic supervisors” were included within its coverage. In 1967, pursuant to what it designated as its “Group Chief Operators Plan,” the Telephone Company assigned new duties to its traffic supervisors, including the interviewing of applicants for positions, the making of hiring and pro motion recommendations, the disciplining of employees and the reassignment of work functions.

The company, taking the position that with the new duties the old category of traffic supervisors ceased to be “employees” under 29 U.S.C. § 152 (3) and became “supervisors” under 29 U.S.C. § 152 (H), sought an agreement from the Union expressly excluding the category from coverage of the contract. The Union refused. The company then…