The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Jun 21, 1943

50 N.L.R.B. 729 (N.L.R.B. 1943)

In the Matter of THE WESTERN UNION -TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS' UNION, A. F. or L.
Cases Nos. R-1016, R-1703, R-1988, R-2330, R-23.143, R-2372, R-2398,
11--2448, R-2651, R-2752, R4790, R-2820, R-2821, 114823, 11-2886,
1142904, R-2936, R-2969, R-2983, R-2975, R-3163, 11D215, 11-3281,
R-3336, R-34266 R-3433, R-3445, R-3570, 11-3576, 11D588,, R-3911,
R-4062, R-4178, R-4179, 11-4208, R-4326, R-4378, R-4631, R-4632,
R-4633, 1-4634, R-4718.-Decided June 21, 1943
-Mr. David E. Kruger, of New York City, for the Company.
Mr. Hugh C. McKenny and Mr. W. L. Allen, of Washington, D. C.,
for'the C. T. U.
Mr. Victor Rabinowitz and Mr. Joseph Kehoe, of New York City,
for the A. C. A.
Mr. Louis Cokin, of council to the Board. -
SUPPLEMENTAL DECISION
AND
ORDER
On April 23, 1943, Commercial- Telegraphers' Union, A. F. of L.,
herein called the C. T. U.,-filed a motion requesting that the Board
consolidate all the units found appropriate by it in the above-entitled
proceedings, together with the units for which the C. T. U. has been
voluntarily recognized as exclusive collective bargaining representa-
tive by the Company. On April 29,1943, the Board advised the Com-
pany, the C. T. U., and American Communications Association, herein
called the A. C. A., that it would consider the motion on May 12, 1943.
On May 8,1943, the A. C. A. filed objections to the motion and requested
permission to argue the objections orally before the Board. Pursuant
to notice duly served upon all the parties, a hearing for the purpose of
oral- argument was held before the Board at Washington, D. C. on
May 27,1943. The Company, the C. T. U., and the A. C. A. appeared
and participated in the argument.
As stated above, the C. T. U. requests that some 42 units heretofore
found to be appropriate by the Board, as well as an indeterminate
number of aggregations of employees for whom the Company has
recognized the C. T. U. as exclusive representative without Board cer-
501\1 L. R. B, No. 102.
729
-730 DDECTSFOM 'OF NAIUONA.L • LABOR RELATIONS BOARD
tification, be consolidated, into a single appropriate bargaining unit.
The Company's operations are divided into 6 divisions, namely, the
Pacific, the Gulf, the Lake, the Southern, the Eastern, and the Metro-
politan. The unit requested by the C. T. U. herein includes portions
of all 6 divisions. The A. C. A. and several other labor organizations
have been certified by the Board as exclusive collective bargaining
representatives of units of employees also located in these divisions.,
Many of the employee-groupings sought by the C. T. U. are not con-
tiguous, nor does the proposed unit follow any organizational or ad-
ministrative scheme of the Company.
The Company and Postal Telegraph Company, herein called Postal,
pursuant to an Act of Congress, have filed a merger plan with the
Federal Communications Commission, providing for the formation of
a single company. Said plan provides that it shall go into effect by
October 1;1943, in the event it is approved by the Federal Communica-
tions Commission. The employees of Postal are presently covered by
a closed-shop contract between that Company and the A. C. A.
In view of the scattered geographical locations of the various units
sought to be consolidated, the lack of homogeneity in the proposed unit,
and the pendency of the proposed merger of the Company and Postal,
we find that the proposed unit is not appropriate and we shall therefore
deny the C. T. U.'s motion of April 23, 1943.
ORDER
IT IS REEY ORDERED that the motion for consolidation filed by the
C. T. U. on April' 23, 1943 , be, and it hereby is, denied.