Boston Mutual Life Insurance Co.

National Labor Relations Board - Board Decisions

Aug 3, 1944

57 N.L.R.B. 888 (N.L.R.B. 1944)

I
In the Matter of BosToN MUTUAL LIFE INSURANCE COMPANY and
UNITED OFFICE AND PROFESSIONAL WORKERS' OF AMERICA (CIO)
Case No.1 R-1710.Decided August 3,19441
Messrs. Damon E. Hall, and William J. Nolan, of Boston, Mass., for
the Company. ,
Mr. Harold B. Roitman , of Boston , Mass.; for the Union.
Mrs. Catherine W. Goldman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Office and Professional
Workers- of America (CIO); herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Boston Mutual Life Insurance Company, Boston,
Massachusetts, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Leo J. Halloran,,Trial Examiner. Said hearing was held at
Boston, Massachusetts,' on June 16, 1944: 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 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. -
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Boston Mutual Life Insurance Company, a Massachusetts corpora-
lion, with its home office in Boston, Massachusetts, is engaged in sell-
ing and servicing life and' endowment insurance in the States of
Massachusetts, Rhode Island, Maine, and New Hampshire.'
I The Company maintains 33 district offices, 27 of which are located in Massachusetts, 3
In Rhode Island, 2 in Maine, in 1 in New Hampshire.
57 N. L. R. B., No. 144.
888
BOSTON MUTUAL LIFE INSURANCE- COMPANY 889
At the, close of the last fiscal year, the Company had in force' policies
of insurance on which' the premium income in 1943 was $4,766,695.10.
The premiums received in 1943 'came from policyholders residing in
every State of the United States and in some foreign countries. The
Company's assets totaled on December 31, 1943, approximately $19,-
733,000. They consisted of Government bonds amounting to $13,276,-
000, State bonds amounting to $186,000, municipal bonds amounting
to $185,000, railroad bonds amounting to $872,000, public utility bonds
amounting to $1,004,000, industrial bonds amounting to $48,000, public
utility stock amounting to $24,000, bank stocks amounting to $44,000,
loans on policies amounting to $900,000, and cash on hand of $765,000.
The Company owned real estate valued at approximately $284,000,
of which $184,000 represented property acquired through foreclosure
of mortgages and the balance represented the book value of the home
office building. The Company uses as depositories for its funds in
States outside of Massachusetts, various banking institutions in Maine,
New Hampshire, and Rhode Island.
We find, contrary to the Company's contention, that it is engaged
in commerce within the meaning of the National Labor Relations
Act.
II. THE ORGANIZATION INVOLVED
United Office and Professional Workers of America, affiliated with
the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
1III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the 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 Board agent, introduced into evidence at the
hearing, indicates that the Union, represents a substantial number of
employees in the unit .hereinafter found appropriate.2'
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
The Union requests a unit covering all cashiers and assistant cashiers
in the Company's district offices. The Company, objects to the unit
2 The Field Examiner reported that the Union 'submitted 21 authorization cards ; that
'there are 59 employees in the unit requested ; and that the cards were dated as follows :
7 in December 1943, 5 in October 1943, 6 in September 1943,' 2 in August 1943, and 1 in
June 1943.
890 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
,on the ground that the cashiers and assistant cashiers are supervisory
and confidential employees.
The Company operates its 33 district office's under the supervision
of a Superintendent; of Agencies, who, is located in the home office.
Each district office is under the supervision of a superintendent and
assistant superintendents, who have direct charge of the industrial
insurance agents 3 attached to the particular office. In•additi'on; each
office has a cashier and one or more assistant cashiers, who. are
appointed by the Superintendent of Agencies. There are no other
clerical or office employees in the district offices.
The cashiers are in complete charge of the financial operations of
their' respective district offices. They report and are directly re-
sponsible to the Superintendent- of Agencies at the home office. The
cashiers train and direct the assistant cashiers. They have the
authority to effectively recommend discipline of assistant cashiers
by discharge or otherwise. The cashiers also, on occasion, take dicta-
tion and type letters from the superintendent to the.honie office on
matters concerning labor relations. We are of the opinion that the-
cashiers have confidential duties, and that they exercise authority
placing them within our customary definition of supervisory em-
ployees. Accordingly, we shall exclude the cashiers from the unit.
The assistant, cashiers, however, perform only routine office func-
tions under the direction of the cashiers. While in the absence of
the cashiers,, the assistant cashiers may handle correspondence per-
taining to labor relations , this occurs infrequently. There is nothing
in their customary duties to warrant the conclusion that they are
employed in a confidential capacity, nor does it appear that they
exercise any supervisory authority. Accordingly, we are of the opin-
ion that the assistant cashiers may properly function-as a bargaining
unit.
We find that all assistant cashiers in'the 33 district offices of the
Company excluding 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 bargaining within
the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the
pay-roll, period immediately preceding the date of the Direction of
Pursuant to a consent election of August 7, 1941, the Union represents all the indus-
trial insurance agents employed by the Company.
BOSTON MUTUAL LIFE INSURANCE COMPANY 891
Election herein, subject to the limitations and additions set forth in
the Direction.
DIRECTION OF ELECTION
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, 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 the Boston Mutual
Life Insurance Company, Boston, Massachusetts , an election by secret
ballot shall be^coilducted 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 First Region , acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11 , of said Rules and Regula-
tions, 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 the said pay-roll period because they were ill or on vaca-
tion 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 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 the United Office and Professional Workers of
America, (CIO), for the purposes of, collective bargaining.
CHAIRMAN MILIAS took no part in the consideration of the above
Decision and Direction of Election.