Peoples Life Insurance Co.of Washington, D.C.

National Labor Relations Board - Board Decisions

Jan 15, 1943

46 N.L.R.B. 1115 (N.L.R.B. 1943)

In the Matter of PEOPLES LIFE INSURANCE COMPANY OF WASHINGTON,
D. C., BRANCH BALTIMORE, MD. and AMERICAN FEDERATION OF IN-
DUSTRIAL & ORDINARY INSURANCE AGENTS' UNION No. 23082, NOR-
FOLK, VA.
In the Matter Of PEOPLES LIFE INSURANCE COMPANY OF WASHINGTON,
D. C. and AMERICAN -FEDERATION OF INDUSTRIAL & ORDINARY INSUR-
ANCE AGENTS' UNION No. 23082, NORFOLK, VA.
In the Matter Of PEOPLES LIFE INSURANCE COMPANY OF WASHINGTON,
D. C. and AMERICAN FEDERATION OF INDUSTRIAL & ORDINARY INSUR-
ANCE AGENTS' UNION No. 23082, NORFOLK, VA.
Cases Nos. R-4550 through R-4.55., respectively.Decided
January 15, 19413 °
Jurisdiction : life insurance industry.
Investigation and Certification of Representatives : existence of question:
stipulation as to ; election necessary.
Units Appropriate for Collective Bargaining : separate units comprising (1)
all superintendents and special agents employees at Company's No. 1 Balti-
more, Md., office; (2) all superintendents and special agents employed at
Company's Norfolk, Va., office; and (3) all superintendents and special agents
employed at Company's Portsmouth, Va., office (including the subdistrict office
at Suffolk,-Va.)
Mr. Austin F. Canfield and Mr. Joseph F. Castiello, of Washington,
D. C., for the Company.
Mr. Herbert S. Thatcher and Mr. George L. Russ. of Washington,
D. C., for the Union.
'Mr. Robert E. Tillman, of counsel to the Board.
• DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon three petitions duly filed by American Federation of Indus-
trial & Ordinaryp•Insurance-Agents' Union No. 23082, Norfolk. Vir-
ginia, herein called the Union, alleging that questions affecting
commerce had arisen concerning,the representation of employees of
Peoples Life Insurance Company_of Washington, D. C., herein called
46 N. L. R. B., No. 131.
1115
1116 DECISIONS OF NATI'ONNAL LABOR RELATIONS BOARD
the Company, at one of its branch offices in ,Baltimore, Maryland, and
its branch offices in Norfolk, Virginia, and Portsmouth, Virginia, the
National Labor.Relations Board consolidated the cases, and provided
,for an appropriate hearing upon due notice before Earle K. Shawe,'
Trial Examiner. Said hearing was held in Washington, D. C., on
November 17, 1942. The Company and the Union appeared, par-
ticipated, and 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Peoples Life Insurance Company "of 'Washington, D. C., incor-
porated in the District of Columbia, maintains its home office in
Washington, D. C. It is engaged in the business of insuring the lives
of its policyholders. In the operation of its business the Company
maintains 30 branch offices in the States of Maryland, Virginia, West
Virginia, Delaware, and in the District of Columbia. Only the No. 1
office in Baltimore, Maryland, the office in Norfolk,. Virginia, and
the office in Portsmouth, Virginia, (including a subdistrict office in
Suffolk, Virginia) are involved in these proceedings. The Company
employs approximately 200 people in its home office and approxi-
mately 800 in its field offices. Of the 800 in-its field offices, approxi-
mately 36 are employed in the No. 1 office in Baltimore, Maryland,
approximately 35 in the Norfolk, Virginia, office, and approximately
35 in the Portsmouth and Suffolk, Virginia, offices.
On December 31, 1941, the Company's assets totaled $13,874,956.35
and it had 759,964 policies in force, having a total face value of
$180 ,907,438. The Company's assets largely consist of cash, bonds,
mortgages, and real estate. From the, foregoing, it is clear that in
addition to insuring the lives of its policyholders the Company
engages in a diversified investment business.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
American Federation of Industrial-&• Ordinary --,Insurance Agents'
Union No. 23082, Norfolk, Virginia, is a labor organization affiliated
with the American Federation of Labor, admitting to membership
supervisory employees of the Company.
111 "PEOPLES LIFE INSURANCE COMPANY -
THE QUESTIONS CONCERNING REPRESENTATION111C.-
The parties stipulated that a question concerning representation
has arisen` in each -'of `the ° proceedings in that the Union requested
the Company to enter into collective bargaining negotiations with
it for the employees' in the units herein alleged to be appropriate,
and that the Company questioned whether the Union represented
majorities in such units. -
Statelnents of the Acting Regional Director, introduced in evi-
dence at the hearing, indicate that the Union represents. a substantial
number of employees in. • each of the units hereinafter found
appropriate.'
We find that questions affecting commerce have 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 UNITS
Other locals of the American Federation of Industrial & Ordinary
Insurance Agents are presently the duly certified representatives, of
industrial and ordinary agents in six separate units in six of the
Company's district,offices, including thethree offices involved in these
proceedings, namely, the No. 1 Baltimore, Maryland office, the Norfolk,
Virginia office, and the Portsmouth, Virginia office (including the sub-
district office at Suffolk, Virginia).' The Union now requests separate
units in these latter offices consisting of superintendents and special
agents. The. Company opposes any units of its superintendents, con-
tending that they are•stipervisory and, as such, not employees within
the meaning of the Act. The Company stated further that should its
position in this respect not be sustained by the Board, it has no objec-
tion to the inclusion of special agents in units with its superintendents.
In each of the branch offices, superintendents are immediately below
the office manager and in turn are directly over five to seven ordinary
and industrial agents. • Their duties are to assist the manager in the
operation of the branch office and to, supervise, instruct, and check,on
agents under them. The manager possesses full power to hire and
1 The statements may be summarized as follows
Cards Number of Number ofoffice submitted employees cards in
in unit unit
Baltimore No 1 -------------- ------------------------------ 5 5 5
Norfolk------- --------------------------------------------- 5 5 5
Portsmouth (and Suffolk) ----------------------------------- 5 5 5
2 The Suffolk subdistrict office is 15 miles from Portsmouth.
1118 DECISIONS OF NATIONAL LABOR; RELATIONS BOARD
discharge employees in his district._ The superintendents-frequently
hire and discharge agents on their staffs. They make discharges
,usually, however, only after consultation with the manager or by recom-
mendation to the manager. They also recommend agents for pro-
motion.
. The home office issues all rules and regulations and determines all
policies governing the duties and functions of agents. The manager
enforces these rules, and policies.
We have determined in recent cases that supervisory employees are
equally entitled with production and maintenance employees to enjoy
the :benefits conferred on employees by the Act.' Our determination
in this regard is applicable to the Company's superintendents.
The special agents in the branch offices are not so much supervisors
as they are senior advisors. Thus, special agents have no staffs except
in the absence of a superintendent when they take over his responsibili-
ties. Their duties consist in part of instructing new employees, assist-
ing.ordinaryand industrial agents on their debits and- sales, and,giving
"pep talks." They also settle claims and inspect applications and
debits. All these duties are also performed by the superintendents.
Special agents are accountable only to the manager, being neither under
the authority of the superintendents, nor exercising authority over
them.
'Upon the basis of all the facts we find that.the following groups of
the Company's superintendents' and special agents constitute units
appropriate,,, for the purposes,, of collective bargaining ,within the
meaning of Section 9 (b) of the Act:
1. All superintendents and special agents employed at the Com-
pany's No. 1 Baltimore, Maryland, office;
2. All superintendents and special agents employed at the Company's
Norfolk, Virginia, office; and
3. All superintendents and special agents employed at the Com-
pany's Portsmouth, Virginia, office (including the subdistrict office
at Suffolk, Virginia).
V. THE, DETER ,IIINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved, as respects each branch office, 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 Elections herein, subject to the limitations and
additions set,forthAherein.
'Matter of Union Collieries Coal Company, Oakmont, Pennsylvania , and Mine Officialx'
Upton of Amertea (Ind ), 41 N L R. B 961; Matter of Godchaux Sugars,'Inc and United'
Sugar Workers. Local Indnsrtial Union No 1136, C I'O , 44 N L R B 874
PEOPLES LIFE INSURANCE COMPANY 1119,
DIRECTION OF ELECTIONS
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby,
DIRECTED thai,, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Peoples Life In-
sui-ai ce 'COii-ipaiiy of Washington , D. C., at its No. 1 branch office in
Baltimore , Maryland, and its offices in Norfolk, Virginia , and Ports-
mouth, Virginia ( including the subdistrict office at Suffolk , Virginia),
elections by secret ballot shall be conducted as early as possible, but
not later than thirty (30) days from the date of this Direction of
Elections , under the direction and supervision of the Regional Director
for the Fifth Region , acting in this matter as agent for the National'
Labor Relations Board and subject to Article III, Section 10, of said
Rules, ; a id-.,Regulations , among the employees in each of the -units
found to be 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 any who
have since quit or been discharged for cause , to determine whether
or not . theydesirekto be ..represented by.American :Federation of Indus-
trial & Ordinary Insurance Agents' Union No. 23082, Norfolk, Vir-
ginia, foi - the purposes of collective bargaining.
MR. GERARD D. REILLY, dissenting:
For the reasons previously stated, ' I would not find that the su=
pervisors here involved constitute an appropriate unit.
1 See dissenting opinions in Matter of Union Collieries Coal Company, Oakmont, Pennsyl-
vania -and Mine Officials'_ Union of America (Ind ), 41 N. L. R 'B 961', 970; and Matter
of Oodchaum` Sugars, Inc. and United Sugar Workers, Local Industrial Union No 1186,
C I. 0., 44 N. L. R. B 874.
11