The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Jan 21, 1943

46 N.L.R.B. 1255 (N.L.R.B. 1943)

In the Matter of TI-IE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS' UNION, A. F. OF L.
Case No. R-4718.-Decided January 01, 1943
Jurisdiction : telegraph industry. - 11
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 at the Bridgeport,
Connecticut, office with specified inclusions and exclusions , in the absence
of any organization on a nation-wide basis.
Mr. David E. Krueger, of New York City, for the Company.
Boudin, Cohn d Glickstein by Mr. Victor Rabinowitz, 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-,-:o£counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
- Upon petition and amended petition duly filed by Commercial
Telegraphers' Union,A. F.,of L., herein called the C. T. U., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of, employees of The Western Union Telegraph Company,
Bridgeport, Connecticut, herein called the Company, -the National
Labor Relations Board provided for an appropriate hearing upon due,
notice before William T. Little, Trial Examiner: Said hearing was
held at Bridgeport, Connecticut, on December 28, 1942. At-the com-
mencement 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. appeared,
participated, and were afforded full opportunity to be heard, to exam-
ine 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:
46.N.-L R. B, No. 153.
1255
1256 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. 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 cpmmunication system, the Company owns and/or opef-
ates 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 Bridgeport, Connecticut, office of, the Com-
pany. 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 QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize any labor organization as the,
representative of its employees until such time, as the Board deter-
mines the appropriate bargaining agency or'agencies..
Statements of the Regional Director and the Trial Examiner, intro-
duced into evidence, indicate that the C.T. U. represents a substantial'
number of employees in the unit hereinafter found to be appropriate 1
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 UNIT
The A. C. A. and the C. T. U. urge 'that all employees at the divi-
sional office of Bridgeport, Connecticut, with certain' exclusions, con-
,' The statements show that the C. T. U. submitted 35 membership application cards bear-
ing apparently genuine signatures of persons whose names appear on the Company's pay
roll of October 31 or December 10, 1942. There are approximately 70 employees in the
appropriate unit. The Trial 'Examiner reported that the A. C. A. presented 5 membership,
cards bearing apparently genuine signatures of persons on the December 10, 1942, pay roll.
THE WESTERN UNION TELEGRAPH COMPANY 1257
stitu'te a separate bargaining unit. The Company contends that only
a Nation-wide unit is appropriate. Inasmuch as organization has not
yet extended to all of the Company's offices throughout the country,
we find that a Nation-wide unit is inappropriate at this time. We find
that a collective bargaining unit limited to employees at the divisional
office of Bridgeport is 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.
All parties agree to exclude the city superintendent, delivery man-
ager, cashier, chief operator, and confidential secretary to the super-
intendent. Such 'employees are clearly supervisory or confidential,
and in accordance with our usual practice, we shall exclude them.
Telephone supervisor.-The labor organizations request that the
telephone supervisor be .included in the unit and the Company that
she be excluded. She supervises the work of telephone operators,
trains new operators, and has authority to recommend the hiring and
discharging of her subordinates. She is responsible for approximately
11, employees, 9 of whom are employed on the same shift as she. We
shall exclude the, telephone supervisor from the unit.
Early night chief operator.-The Company suggests that this per-
'son be excluded from the unit and the A. C. A. and C. T..U. that he be
included. He is in charge of the traffic department during the night
shift and has an average of two persons' working under him. He has
no authority to hire or discharge. ' We shall include the early, night
chief operator in the unit.
Chief bookkeeper.-The Company suggests that this employee be
excluded and the labor organizations that she be included in the unit.
The record indicates that the chief bookkeeper has two subordinates
but spends only about 1. hour per day, performing supervisory duties.
We sliall'include the chief bookkeeper in the unit: ' "
Confidential clerk in traffic department.-The C. T. U. ' and the
A. C. A. urge that this employee be included in the unit and the Com-
pany that she be excluded. She spends 50 percent of her time handling
correspondence for the chief operator, including correspondence deal-
ing with labor relations. She also keeps confidential personnel records.
We shall exclude the confidential clerk in the traffic department from
the 'unit.
We find that all employees at the Bridgeport, Connecticut, office of
the Company, including the chief bookkeeper, early night chief oper-
ator, and section equipment employees, but excluding the city superin-
tendent, delivery manager, cashier, chief operator, confidential secre-
tary to superintendent, telephone supervisor, and confidential clerk in
traffic department, constitute a unit appropriate for the purposes of
.collective bargaining, within the meaning of Section 9 (b) of the Act.
1)
1258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shill direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the employ-
ees 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-Serie's 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives'f or the purposes of collective bargaining with The Western Union
Telegraph Company, an election by secret ballot shall be conducted
as early as possible, but not later than thirty (30)'' days froni-,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 *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 pay-roll
period because they were ill or on vacation or temporarily laid off, and
including employees in the armed forces oT'the United States who pre-
sent themselves in person at the polls, 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 Communi-
cations Association, affiliated with the Congress, of Industrial Organ-
izations, for the purposes of collective bargaining, or by' neither. ' ' '
a