The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Jan 8, 1942

38 N.L.R.B. 83 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and AMER-
ICAN FEDERATION OF LABOR WESTERN UNION AFFILIATED LOCALS
Case No. R-3-336.-Decided January 8,1942
Jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord union recognition until certified by the Board ; union not appearing
at the hearing nor presenting evidence of membership, not accorded place on
the ballot ; election necessary.
Unit Appropriate for Collective Bargaining : all regular employees in the com-
mercial, traffic, and plant departments at the Indianapolis, Indiana, office of
the Company, including messengers, but excluding confidential and supervisory
employees and the line gang.
Mr. E. C. Ziesel, of Chicago, Ill., for the Company.
Mr. Hugh McKenny, of Chicago, Ill., and Mr. Gerald Bennett, of
Indianapolis, Ind., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 8 and 16, 1941, respectively, American Federation
of Labor Western Union Affiliated Locals, herein called the Union, filed
with the Regional Director for the Eleventh Region (Indianapolis,
Indiana) a petition 1 and an amended petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of The Western Union Telegraph Company, Indianapolis, In-
diana, herein called the Company, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
October 31, 1941, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article III,
Section 3, of National Labor Relations Board Rules and Regulations-
I The petition was filed by Western Union Telegraph Workers Union No. 22751. This
organization is now a part of the Union.
38 N. L . R. B., No. 19.
84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Series 2, as amended, ordered an investigation and authorized the Re-
gional Director to conduct it and to provide for an appropriate
hearing upon due notice.
On November 4, 19411 the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the Union,
and upon American Communications Association, herein called the
A. C. A. Pursuant to notice, a hearing was held on November 27,
1941, at Indianapolis, Indiana, before Arthur R. Donovan, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany and the Union were represented and participated in the hearing.
The A. C. A. did not appear at the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues was afforded all parties. At the com-
mencement of the hearing, the Trial Examiner introduced a motion
filed by the A. C. A. with the Regional Director to dismiss the petition
on the ground that no such organization as filed the petition existed.
The Regional Director and the Trial Examiner reserved ruling there-
on. The motion is hereby denied. During the course of the hearing
the Trial Examiner made several rulings on motions and on objections
to the admission of evidence. The Board has reviewed these rulings
and finds that no prejudicial errors were committed. The rulings
are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Western Union Telegraph Company is a New York corporation
with its principal office at New York City. It is engaged throughout
the United States and in various foreign countries in the receiving
and transmission by telegraph and cable of intrastate, interstate, and
international communications. In the operation of its national and
international communications' system, the Company owns and/or op-
erates 210,311 miles of pole lines, 4,082 miles of land-line cable, 1,878,-
197 miles of wire, 30,312 nautical miles of ocean cable, and 19,140 tele-
graph offices. At the close of 1940, the Company employed 51,153
persons. The Company maintains offices at Indianapolis, Indiana,
with which we are here concerned. It admits that it is engaged in
commerce within the meaning of the Act.
H. THE ORGANIZATION INVOLVED
American Federation of Labor Western Union Affiliated Locals is a
labor organization affiliated with the American Federation of Labor.
THE WESTERN UNION TELEGRAPH C'OMTANY 85
It admits to membership employees at the Indianapolis, Indiana, of-
fices of the Company. .
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive repre-
sentative of its employees at the Indianapolis office until such time as
it is certified by the Board. A statement of the Regional Director,
introduced in evidence at the hearing, shows that the Union represents
a substantial number of employees in the unit which it alleges is
appropriate.2
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen , occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union and the Company agree that all regular employees in
the commercial, traffic, and plant departments in the metropolitan
Indianapolis office of the Company, excluding supervisory and con-
fidential employees 3 and the line gang, constitute an appropriate
unit.
The Union urges that messengers be included in the unit. The
Company stated that its position with respect to the messengers
was the same as in the case involving the Chicago office of the Com-
pany. For the reasons indicated in our Decision in the Chicago
case 4 we find that regular messengers should be included in the
unit.
We find that all regular employees in the commercial, traffic, and
plant departments at the metropolitan Indianapolis office of the Com-
pany, including messengers, but excluding confidential and super-
2 The Regional Director reported that the Union presented authorization or membership
cards signed by 167 persons whose names appear on the Company 's pay roll for the Indian-
apolis office . There are approximately 313 employees at the Indianapolis office.
3 The parties agreed that the positions listed in Appendix A are supervisory or confidential
positions.
4 Matter of the Western Union Telegraph Company and Telegraph Workers Independent
Union, et al., 36 N. L. R. B. 812.
86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
visory employees and the line gang, constitute a unit appropriate for
the purposes of collective bargaining and that such unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise will effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret
ballot. 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 limitations
and additions set forth in the Direction.
The A. C. A. notified the Regional Director by letter on November
26, 1941, that it claimed a substantial interest among the employees
in the metropolitan Indianapolis office and desired to participate in
any election directed by the Board. Although the A. C. A. was ac-
corded an opportunity to present evidence of its membership it did
not do so and as stated above did not appear at the hearing in the
instant proceeding. We shall not accord a place to the A. C. A. on
the ballot.
Upon the basis of the above findings of fact and upon the entire
record in'the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Western Union Telegraph Company,
Indianapolis, Indiana, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of -the National Labor Relations Act.
2. All regular employees in the commercial, traffic, and plant de-
partments at the metropolitan Indianapolis office of the Company,
including messengers, but excluding confidential and supervisory em-
ployees and the line gang, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
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 Rela-
tions Act and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
IIE WESTERN UNION TELEGRAPH COMPANY 87
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with The Western Union Telegraph Company, Indianapolis, Indiana,
an election by secret ballot shall be conducted 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 Elev-
enth Region, acting in this matter as agent for the National Labor
Relations Board and subject to Article III, Section 9, of said Rules
and Regulations, among all regular employees in the commercial,
traffic, and plant departments at the metropolitan Indianapolis office
of the Company who were employed during the pay-roll period imme-
diately preceding the date of this Direction, including messengers and
employees who did not work during such pay-roll period because they
were ill or on vacation or in the active military service or training
of the United States, or temporarily laid off, but excluding confidential
and supervisory employees, the line gang, and employees who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by American Federation of Labor West-
ern Union Affiliated Locals, affiliated with the American Federation
of Labor, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the. consideration of the
above Decision and Direction of Election. -
APPENDIX A
. Commercial Department
Superintendent
Confidential stenographer
Commercial representative
Confidential clerk
Manager delivery department
Chief bookeeper
Traffic Department
Clerical supervisor
Night traffic managers
Telephone supervisors
Testing and regulating chief
Assistant chief operator Morse
Statistical clerk
Traffic manager
Automatic chief
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
AMERICAN FEDERATION OF LABOR WESTERN UNION AFFILIATED
LOCALS
Case No. R-3336
CERTIFICATION OF REPRESENTATIVES
February 14,194
On January 8, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.,
Pursuant to the Direction of Election, an election by secret ballot was
conducted on January 30, 1942, under the direction and supervision of
the Regional Director for the Eleventh Region (Indianapolis, In-
diana). On February 2, 1942, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued and duly served upon the
parties an Election Report on the ballot. No objections to the conduct
of the ballot or the Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported as
follows :
Total on eligibility list_______________-------------------------------------- 263
Total ballots cast___________________________________________ 181
Total ballots challenged_____________________________________ 1
Total blank ballots__________________________________________ 0
Total void ballots__ _________________________________________ 0
Total valid votes counted____________________________________ 180
Votes cast for American Federation of Labor Western Union
Affiliated Locals, affiliated with the A. F. L__________________ 177
Votes cast against American Federation of Labor Western Union
Affiliated Locals, affiliated with the A. F. L___________________ 3
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,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT Is HEREBY CERTIFIED that American Federation of Labor Western
Union Affiliated Locals, affiliated with the American Federation of
Labor, has been designated and selected by a majority of all regular
138 N. L . R.B.83.
38 N. L. R. B, No. 19a.
88
THE WESTERN UNION TELEGRAPH COMPANY 89
employees in the commercial, traffic, and plant departments at the
Metropolitan Indianapolis office of The Western Union Telegraph
Company, including messengers, but excluding confidential and super-
visory employees and the line gang, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, American Federation of Labor Western Union Affiliated
Locals, affiliated with the American Federation of Labor, is the exclu-
sive representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment, and
other conditions of employment.