The Western and Southern Life Insurance Co.

National Labor Relations Board - Board Decisions

Mar 11, 1943

48 N.L.R.B. 23 (N.L.R.B. 1943)

In the Matter of THE WESTERN AND SOUTHERN LIFE INSURANCE COM-
PANY and AMERICAN FEDERATION OF INDUSTRIAL AND ORDINARY IN-
SURANCE AGENTS' UNION #23230 (AFL), CLEVELAND, OHIO
In the Matter of THE WESTERN AND SOUTHERN LIFE INSURANCE COM-
PANY and AMERICAN FEDERATION OF INDUSTRIAL AND ORDINARY IN-
SURANCE AGENTS' UNION #23247 (AFL), NEWARK, OHIO
In the Matter of THE WESTERN AND SOUTHERN LIFE INSURANCE COM-
PANY and AMERICAN FEDERATION OF INDUSTRIAL AND ORDINARY IN-
SURANCE AGENTS' UNION #23286 (AFL), ZANESVILLE, OHIO
Cases Nos. R-4892 Through R-1894, respectively.Decided March 11,
1913
Jurisdiction : life insurance industry.
Investigation and Certification of Representatives : existence of question : failure
to answer union's letter requesting recognition; election necessary.
Unit Appropriate for Collective Bargaining : industrial agents employed at
each of 3 district offices of the Company, including their respective subdistrict
officers, but excluding in each instance office clerks, cashiers, managers,
assistant managers, and ether supervisory employees ; no controversy as to.
Messrs. Max W. Johnston, John A. Hull, Jr., and John R. Hill, for
the Board.
Mr. George L. Russ, of Washington, D. C., and.Mr. John L. Mc-
Carthy, of Lakewood, Ohio, for the Union.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petitions duly filed by American Federation of Industrial
and Ordinary Insurance Agents' Union #23230 (AFL), Cleveland,
Ohio; American Federation of Industrial and Ordinary Insurance
Agents' Union .^*23247 (AFL), Newark, Ohio; and American Fed-
eration of Industria; and Ordinary Insurance Agents' Union #23286
(AFL), Zanesville, Oh(,' herein collectively called the Union, each
alleging that a question affecting commerce had arisen concerning
the representation of employs es of The Western and Southern Life
Insurance Company, herein caliccl the Company, at its district offices
1 The Union's name appears herein as it was as tended at the hearing.
48 N. L. R. B., No. 6. 23
24 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in Cleveland, Newark, and Zanesville, Ohio, respectively, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Charles E. Persons, Trial Examiner. Said hearing
was held at Cleveland, Ohio, on February 15 and 16, 1943.. Although
duly served with notice, the Company did not appear at the hearing.
The Union appeared, participated, and 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 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
I. THE BUSINESS OF THE COMPANY
The Western and Southern Life Insurance Company is an Ohio
corporation. It maintains its home office and principal place of
business in Cincinnati, Ohio. The Company is engaged in eight
States in the business of issuing both ordinary and industrial life
insurance. Subject to the supervision of its Board of Directors, the
Company's business is managed and directed at its home office in
Cincinnati.
As of December 31, 1941, the total assets of the Company were $203,-
339,007.04 and its total insurance in force was $1,082,622,518.00.
The Company has district offices in Illinois, Indiana, Kentucky,
Michigan, Missouri, Ohio, Pennsylvania, and West Virginia. It owns
$1,654,467.73 worth of mortgage investments on farm property located
in 8 States and $69,621,289.06 worth of mortgages on non-farm
properties in 21 States. From the foregoing it is clear that, in addi-
tion, to insuring the lives of its policyholders, the Company engages
in. a diversified and widespread investment business.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
American Federation of Industrial and Ordinary Insurance Agents'
Union #23230, #23247, and #23286, affiliated with the ki . ,i-iean
Federation of Labor, are labor organizations, adrriltting to member-
ship employees of the Company.
III. THE QUESTION CONCERNINrj REPRESENTATION
At various times prior to November 20, 1942, the Union sent letters
to the home office of the Compan - in Cincinnati, informing the Com-
pany that it represented a mi Jority of the industrial agents at the
THE WESTERN AND SOUTHERN LIFE INSURANCE CO. 25
district offices in Cleveland, Newark, and Zanesville, Ohio, respec-
tively, and requesting recognition as their bargaining representative.
,The Company did not reply to these requests.
Testimony in the record indicates that the Union represents a sub-
stantial number of employees in the units hereinafter found
appropriate?
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 UNITS
The Union seeks separate units composed of the industrial agents
employed at each of the 3 district offices, including their respective
subdistrict offices, but excluding office clerks, cashiers, managers, as-
sistant managers, and other supervisory employees. The Company
did not appear at the hearing and, consequently, has taken no position
with respect to the propriety of these units. The record indicates
that the Union has about 100 locals organized throughout the country
and has about 60 contracts with various insurance companies, all of
which were negotiated on a district basis. This number includes a
number of locals in Ohio which are also organized on a district basis.
The record indicates that the Company has divided the territory in
which it operates, into several major areas, each of which -is divided
into divisions under the supervision of a superintendent of agency.
The divisions in turn are composed of district- offices and subdistrict
offices, which are supervised by managers and superintendents. The
areas and the divisions do not necessarily coincide with State bound-
aries. 'There is no administrative officer of the Company in charge
of the State of Ohio in its entirety. Because of these facts, we find
that the district units requested by the Union are appropriate.3 Our
present finding in this .regard does not, however, preclude a later
finding that a larger unit is appropriate for collective bargaining
purposes.
We find that all'industrial agents of the Company employed at
(1) the Cleveland district office, including the West Cleveland, Lake-
wood, North Cleveland, and South Cleveland sub-district offices; (2)
the Newark district office, including the Lancaster sub-district office;
(3) the Zanesville district office, including the Cambridge, Coshocton,
and New Lexington sub-district offices; respectively, but excluding
in each instance office clerks, cashiers, managers, assistant managers,
2 This testimony was to the effect that the Union represents 34 of a total of approximately
60 'employees in the Cleveland district ; 13 of -approximately 20 in the Newark district ;
and 15 of approximately 20 in the Zanesville district. -
3 See Matter of The Prudential Insurance Company of America-Branch Offices Toledo,
Ohio and American Federation of Industrial and Ordinary Insurance Agents' Union
x#23039, Toledo , Ohio ( A. F. of L. ), 46 N. L. It. B. 430 , and cases cited therein.
26 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and other supervisory employees, constitute separate units appropri-
ate 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 elections by secret ballot among the employees
in the appropriate units 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.
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
- DIRECTED that, as . part of the investigation' to ascertain repre-
sentatives' for the purposes of collective bargaining with The Western-
and Southern Life Insurance Company, separate elections 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 Eighth Region, act-
ing in'this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 10, of said Rules and Regulations,
among the employees in the units 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 employees who have since quit or been
discharged for cause, to determine (1) whether or not the employees
in the appropriate unit in the Cleveland district desire to be repre-
sented by American Federation of Industrial and Ordinary Insurance
Agents'- Union #23230, Cleveland, Ohio; and (2) to determine whether
or not the employees in the appropriate unit in the Newark district
desire to be represented by American Federation of Industrial and
Ordinary Insurance Agents' Union #23247, Newark, Ohio, and (3)
to determine whether or not the employees in the appropriate unit in
the Zanesville district desire to be represented by American Federation
of Industrial and Ordinary Insurance Agents' Union #23286, Zanes-
ville, Ohio, affiliated with the American Federation- of,Labor, for the
purposes of collective bargaining. `