The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Jan 21, 1943

46 N.L.R.B. 1263 (N.L.R.B. 1943)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
LOCAL 112, COMMERCIAL ' TELEGRAPHERS ' UNION, A. F. or L.
Case No. R-4730.-Decided January 21, 1943
Jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of ^ question :
refusal to recognize' any labor organization until Board determines the
appropriate agency; election necessary.
Unit Appropriate for Collective Bargaining : all employees in the Sixth District
of the Lake Division, including all managers of non-functional offices, but
excluding employees at divisional cities, traveling line gangs, managers and,
chief operators at functional offices, district superintendent, chief clerk to
disbrlet_superintendent, district manager, early night chief operator at Fargo,
confidential stenographer to district superintendent, and time clerk at Fargo.
Mr. Francis X. Helgesen, for the Board.
Mr. R. H. Underwood, of Chicago, Ill., for the Company.
Mr. Howard W. Brandon, of Lincoln, Nebr., for the C. T. U.
Miss Claire Brown, of Chicago, Ill., for the A. C. A.,
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Local 112, Com-
mercial Telegraphers' Union, herein called the C. T. U., alleging that'
a question affecting commerce had arisen concerning the representation
of employees of The Western Union Telegraph Company, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Stephen M. Reynolds,
Trial Examiner. Said hearing was held at Minneapolis, Minnesota,
on January 5, 1943. At the commencement of the hearing the Trial
Examiner granted a motion of American Communications Association,
herein called the A. C. A., to intervene. The Company, the C. T. U.,
and the A. C. A. participated in the hearing, 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
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1263
1264 ' DE'CISION'S OF NATIONAL LABOR RELATIONS BOARD
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
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 inter-
national communications. In 'the operation of its national and inter-
national communications system, the company owns and/or operates
210,311 miles of pole lines, 4,082 miles of landline cable, 1,878,197
miles of wire, 30,312 nautical miles of ocean cable, and 19,140 telegraph
offices. We are here concerned with the Sixth District of the Lake
Division of the Company, which 'comprises the' States of Minnesota,
North Dakota, and South Dakota. .
II. THE ORGANIZATIONS INVOLVED
Local 112, Commercial Telegraphers' Union is a labor organization
affiliated with the American Federation of Labor, admitting to niem-
,bership employees of the Company.
American Communications Association is a labor organization affili-
ated,with the Congress of Industrial Organizations, admitting to mem-
bership employees of the •Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize any labor organization as a repre-
sentative of its employees until such time as the Board determines the
appropriate bargaining agency or agencies.
Statements of the Regional Director and the Trial Examiner, intro-
duced into evidence during the hearing, indicate that the C. T. U:
represents a substantial number of the employees in the unit herein-
after found to be 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 National Labor
Relations Act. j
I The Recional Director and the Trial Examiner reported that the C T.' U. presented 106
authorization cards bearing the names of persons who appear on the December 7, 1942, pay
roll of the Company. There are approximately 343 employees in the unit hereinafter found
to be appropriate. The Trial Examinei reported that the A C A. presented 19 mem-
bership-application cards bearing the names of persons on the December 7, 1942 , pay roll.
THE WESTERN UNION TELEGRAPH COMPANY 1-265
IV. THE APPROPRIATE UNIT
The C. T. U. and A. C. A. agree that all employees in the offices
located, in the Sixth District of the Lake Division of, the Company,
with certain exclusions considered below, constitute an appropriate
bargaining unit. No reason appears which warrants a departure
from the scope of. the unit agreed to by the A. C. A. and the C. T. U.2
We find that a. collective bargaining unit limited to the employees of
the Sixth District of the Lake Division of the Company is appropriate.
All parties agree to exclude the managers and chief operators at
functional offices, the district superintendent, chief clerk to district
superintendent, and the district manager., Such employees are clearly
supervisory ,and confidential and in accordance with our usual prac-
tice, we shall exclude them from the unit.
Managers o f non-functional o fees. The Company suggests that the
managers at the non-functional offices of,Aberdeen, Rapid City, and
Sioux Falls, South Dakota; Bismarck, Grand Forks, and Minot, North
Dakota; and Rochester, Winona, and Mankato, Minnesota, be ex-
cluded from the unit. The A. C. A. and the C. T. U. urge that all
such employees be included in the unit. Although it appears that such
managers do have the power to hire and discharge messengers, man-
agers as well as other employees of lion-functional offices are under
the supervision of a district superintendent. It appears from the
testimony that several of such managers are members of the C. T. U.
In accordance with our past practice in cases involving the Company,
we shall include all managers of non-functional offices in the unit.
Stenographer to district superintendent.-The Company suggests
that this employee be excluded from the unit and both labor organiza-
tions that she be included. The stenographer to the district
superintendent has access to all personnel records in the district super-
intendent's office and takes dictation 'and types letters dealing with
labor relations. We find that the stenographer to the district super-
intendent is a confidential employee. In accordance with our usual
practice, we shall exclude her from the unit.
Early night chief operator at Fargo.-The Company urges that this
employee be excluded from the unit and the A. C. A. and the C. T. U.
that he be included. This employee is in complete charge of the
traffic department from 4 p. m. to midnight each day and has approxi-
mately 20 persons working under him. The early night chief operator
does not perform any of the duties of his subordinates except during
emergencies. Under the 'circumstances, we shall exclude him from
the unit. ,
2 The Company stated that although it considered a Nation-wide unit appropriate, it had
no objection to the setting up of districts as separate bargaining units.
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1266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Time clerk at Fargo.-The Company suggests that this employee be
excluded from the unit and both labor organizations that she be in-'
eluded. The time clerk keeps time record sheets of all employees at
the Fargo, North Dakota, office of the Company and performs any
other work that might be assigned to her by the chief operator. She
also takes dictation from the chief operator and types letters dealing
with-.,'confidential, personnel matters. In accordance with,our usual
practice of excluding such confidential employees, 'we shall exclude
the time clerk at Fargo from the unit.
We find that all employees in the Sixth District of the Lake Division
of the Company, including all managers of non-functional offices, but
excluding employees at divisional cities, traveling line gangs, man-
agers and chief operators at functional offices, the district superin-
tendent, chief clerk to district superintendent, the district manager,
early night chief operator at Fargo, confidential stenographer to
district superintendent, and time clerk at Fargo, 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 em-
ployees 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.
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 2, as amended, it is hereby
DnREcTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Western
Union Telegraph Company, an election by secret ballot shall be con-
ducted 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 Eighteenth 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 unit 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
THE WESTERN UNION TELEGRAPH COMPANY '1267
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 Local
112, Commercial Telegraphers' Union, affiliated with-the American
Federation of Labor, or by American Communications Association,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collectiye;bargaining; or by neither.
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