The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Jan 12, 1943

46 N.L.R.B. 1024 (N.L.R.B. 1943)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS' UNION, A. F. OF L.
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
AMERICAN CoâIMUNICATIONS ASSOCIATION
Cases Nos. R-4631 through B-4638.-.Decided January 72,1943
Jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of question:
refusal to accord recognition until Board determines appropriate bargaining
agency; election necessary.
Unit Appropriate for Collective Bargaining : all employees in the First, Second,
Third and Fourth Districts of the Eastern Division of the-Company, with
specified inclusions and exclusions ; students who did not handle "live traffic"
until near the completion of 3 month training course excluded.
Mr. David E. Krueger, and Mr. S. N. Phillips, of New York City,
for the Company.
Boudin, Cohn cC Glickstein and Mr. Victor Rabinowitz, of New
York City, and Mr. Joseph Kehoe, of New York City, for the A. C. A.
Mr. Hugh C. McKenny, of Washington, D. C., for the C. T. U.
Mr. Louis Cokin, offcounsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS-
STATEMENT OF TFIE CASE
Upon separate petitions duly filed by Commercial Telegraphers'
Union, A. F. of L., herein called the C. T. U., and American Communi-
cations Association,-C. I. 0., herein called the A. C. A., alleging-that
questions affecting commerce had arisen concerning the representation
of employees of The Western -Union Telegraph Company, New York
City, herein called the Company, the National Labor Relations Board
consolidated the cases and provided for an appropriate hearing upon
due notice before William T. Little, Trial Examiner. Said hearing
was held at New York City, on November 30, December 1 and 2, 1942.
The Company, the C. T. U., and the A. C. A. appeared, participated,'
46 N L R. B., No. Ill
1024
1
THE: WESTERN UNION TELEGRAPH, COMPANY 1025
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.
On December 15, 1942, the A. C. A. filed a'brief which the Board
has considered.. -
Upon the entire record in the case', the Board makes the following:
FINDINGS OF FAar
I. THE BUSINESS OF THE COMPANY '
.The Western Union Telegraph Company is a New York corpora-
tion 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, ,inter-
state, and international communications. In the operation of its
national and international communication system, the, Company owns
.and/or operates 211,311 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 telegraph offices. The Company employs approximately
52,000 persons. We are here concerned with the First, Second, Third,
and Fourth Districts of the Eastern Division of the Company. The
Company ,admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Commercial Telegraphers' Union is a labor organization, affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
American- Communications Association is -a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company refuses to recognize any labor organization as the
representative of its employees until such time as the Board de-
termines the appropriate bargaining agency or agencies.-
The A. `C. A. and the C. T. U. stipulated that each has a sub-
stantial membership among the employees in each of the units here-
inafter found to be appropriate. The Company stated that it had
no objection to this stipulation.
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
504086-43-vol. 46-65
1026 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNITS
The.A. C. A. and the C. T. U. contend that all employees in the
offices located in the First, Second, Third, and Fourth Districts of
the Eastern Division of, the Company, with certain exclusions, con-
stitute four separate bargaining units. The Company contends that
only,.a Nation-wide unit is appropriate. Inasmuch as organization
has not yet extended to all of the Company's districts throughout the
country, we find that a Nation-wide unit is inappropriate at this time.
We find that collective bargaining units limited to employees in the
First, Second, Third, `and Fourth Districts of the Eastern Division
are appropriate.,
Questions arose 'at the hearing concerning the exclusion of certain
supervisory, and other employees from the appropriate units. We
shall consider these exclusions below.
The Company has collective bargaining contracts with Federal Labor
Unions covering employees at the functional offices of Worcester,
Massachusetts, Utica, New York, and Erie, Pennsylvania. Functional
offices are normally included in district-wide units. The Federal Labor
Unions at Worcester and Utica have expressly waived their contracts
and desire to be included in the larger district-wide units. However,
the Federal Labor Union at Erie refuses to waive its contract which
does not expire until May 22, 1943, and states that it does not desire
to become a part of the larger district-wide unit. Under the circum-
stances, we shall include the employees at Worcester and Utica in the
district-wide units, but exclude employees at Erie.
All parties agree to exclude district superintendents, district sales
managers, district managers, chief clerks, managers and chief oper-
ators at functional offices, maintenance foremen, general foremen, and
the inspector at Huntington, West Virginia. Such employees are
clearly supervisory and in accordance with our usual practice we shall
exclude them.
Confidential clerks and stenographers.-The Company employs per-
sons throughout its Eastern Division classified as confidential clerks
and confidential stenographers. The Company requests that all such
employees be excluded from the units and the A. C. A. that they be
included. The C. T. U. requests that confidential clerks be included,
but that confidential stenographers be excluded. Confidential clerks
have access to the Company's pay rolls and confidential personnel files.
The confidential stenographers take dictation dealing with confidential
personnel matters. Both classes of employees have access to personnel
files. In accordance with our usual practice we shall exclude confi-
dential clerks and stenographers from the units.
Managers of non-functional offices having 10 or more employees.-
These employees are in charge of various district offices throughout
THE WESTERN UNION TELEGRAPH co'MPAN 1027
the Eastern Division of the Company. The Company requests that
all such employees who have 10 or more-persons in their 'offices be
excluded from the units. The A. C. A. and the C. T. U. `urge ; that
all managers be included in the units. Although it appears that the
managers do have authority to hire and discharge messengers, managers
as well as other employees of the district offices are under the; super,
vision of a district superintendent. In accordance with our past prac-
tice in cases involving the'Company, we shall include all managers of
district offices in the units.
.,
Relief managers.'-Both labor organizations request that such per=
sons be included in the units and the Company that they be excluded.
Such persons relieve the managers discussed in the preceding para-
graph. We shall include relief managers in_ the units. ' -
Cashiers at ogees having more than'15 employees.-The
and' the C. T. U. request' that such employees be included in' the units:
and the' Company that they be excluded. The cashiers prepare daily
account records, audit payroll's and cash sheets. Each of the cashiers,
has from a' half-time'to 2 employees working under-him: The cashiers
have no authority to hire or discharge. ' Under the'circumstances we
shall include cashiers in the units. - '
'Chief instructor.-This employee is in charge of the Company's
school at Atlantic City. _ The labor organizations request that she be
included in the units and the Company that she be excluded. , The'
chief instructor has two instructors working under her and she devotes
about 30 percent of her time to supervising them. She interviews
prospective students and recommends the dismissal'-of unsatisfactory
students. We shall exclude the chief instructor from'the units.
Telephone supervisor.-The Company has a telephone supervisor at
its Worcester, Massachusetts, office. The labor organizations request
that she be included in the unit and the Company that she be excluded.
She supervises the work of telephone operators and in addition trains
new operators, assigns working hours, and recommends the hiring and
discharging of her subordinates. She is responsible for approximately
13 employees,. 7 of whom are employed on the same shift as she. , We
shall exclude the telephone supervisor from the First District unit.
Night managers at offices, having 20 or more employees.-The C. T.
U. and the A. C. A. request that such employees be included in 'the
units and the Company that they be excluded.' Such persons have
from 4 to 8 employees working under them and they act for the man-.
ager during night shifts. The record indicates that they spend about
2 hours, ,per day supervising the work of other employees and the
balance of their time performing normal production work. We shalt
include such employees in the units. '
Early _ night chief operators.=The Company suggests .that such
persons be excluded from the'units and the A. C.'A. and C. T. U. that
1028 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
they be included. Such employees, are in charge of the traffic depart-
ment during the night shifts and have from two to eight persons work-
ing under them. They have no authority to hire or discharge. We
shall include such employees in the units.
Automatic supervisors.-The Company suggests that such persons
be excluded from the units and the labor organizations that they be
included. Such persons have from five to seven employees working
under them and spend about 50 percent of their time performing
supervisory functions. In addition to their regular duties, they in-
struct and train new 'employees and make recommendations with
respect to disciplinary action. We shall exclude automatic supervisors
from the units.
Wire chiefs.-The Company has such persons at its Harrisburg,
Pennsylvania, and Wheeling, West Virginia, offices. The Company
contends that they should be excluded from the units and the A. C. A.
and C. T. U. that they be included-, The wire chief at Harrisburg has
only two persons working with him, and the wire chief at Wheeling
but one. They have,no authority to hire or discharge and the wire
chief at Harrisburg spends about 50 percent of his time performing
the same type of work as his subordinates, and the wire chief at Wheel-
ing spends about 80 percent of -his time performing such work. We
shall include wire chiefs in the units.
Personal service representatives.-The Company suggests that such
employees be excluded from 'the units and the labor organizations
that they be included. These persons call on the Company's customers
and attempt to sell them various services. In the course of their duties
they check on the quality of service being rendered to the Company's
customers and send experimental messages over the Company's wires
for the purposes of checking up on employees. They report any in-
adequacies 'to the district, superintendents. We shall exclude such
employees from the units.
1 Students.-The Company maintains schools at Bangor, Maine, and
Atlantic City, New Jersey. The students at Atlantic City are carried
on the Company's pay roll while those at Bangor are merely given
lunch and transportation money. The C. T. U. requests that the
students at Atlantic City be included in the units and that those at
Bangor, Maine, be excluded. The A. C. A. requests that all students
who do not handle any "live traffic" be excluded from the units and
that those who do handle such traffic be included. The Company took
,no position with respect to the students. The course of instruction at
the Schools lasts about 3 months and .the students do not handle any.
"live traffic" until near the completion of their course. The record
indicates that most, if not all, of the students upon the completion of
their course will be sent to work at divisional cities throughout the
-Eastern Division. The employees of divisional cities are not involved
'THE "WESTERN UNION TEIfEGRAPI3 COMPANY 1O2q
in the instant proceeding, most of such cities already having been,set
up as separate bargaining units. Under the circumstances we shall,
exclude all students from the units.
Although, as stated above, all parties agreed to exclude chief
operators at functional offices, the A. C. A. varied slightly from its-
position by requesting the inclusion of such persons at the Cumber-'
land, Maryland, Butler, Pennsylvania, and Jamestown, New York,
offices. The chief operators at such offices have four, three, and five
employees under them, respectively. In accordance with our usual
practice we shall exclude such persons from the units. , '
The A. C. A. also requests that managers at the functional offices
of ' Butler, Pennsylvania, and Cumberland, Maryland, ' be includect
in the units. The C. T. U. requests that the manager at Cumberland;
be included but that the manager at Butler be excluded. The Com-
pany requests that both managers be'excluded. The record indicated
that Butler and Cumberland are functional offices, and in accordance
with our regular practice of excluding managers at functional offices;
we shall exclude such persons from the units.
We find that all employees in the First, Second, Third' and Fourth
Districts of the Eastern Division of the Company, including all
managers of non-functional offices, relief managers, all cashiers, all
delivery managers, all night managers, early night chief operators,
and wire chiefs, but excluding district superintendents, district sales
managers, district managers, chief clerks, managers and chief oper-
ators at all functional offices, confidential clerks, confidential stenog-
raphers, personal service representatives, students, chief instructors,
telephone supervisors, automatic supervisors, maintenance foremen,
general foremen, inspector at Huntington, West Virginia, employees
at Erie, Pennsylvania, employees at divisional cities, and floating
gangs, constitute four separate units 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 questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate units 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 forth
in'the Direction.
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 Rela-
103Q DECISIONS -OF: NATIONAL LABOR, RELATIONS BOARD
tions Act, ,and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it, is
hereby
Dn crEr that, as part of the investigation to ascertain repiesenta-
fives for the purposes of collective bargaining with The Western
Union Telegraph 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 Second Region, acting 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 any such employees who did not
work-during said pay-roll period because they were ill or on vacation
or temporarily laid off, but excluding any who have since quit or
been discharged for cause, to determine whether they desire to be
represented by Commercial- Telegraphers' Union, affiliated with the
American Federation of Labor, or by American Communications
Association, affiliated 'with the Congress of Industrial Organizations,
for the purposes of collective bargaining, or by neither.
CHAIRMAN MILLTB took no part in- the consideration of the above
Decision and Direction of Elections.
1