Monumental Life Insurance Co.

National Labor Relations Board - Board Decisions

Feb 8, 1945

60 N.L.R.B. 510 (N.L.R.B. 1945)

In the Matter Of MONUMENTAL LIFE INSURANCE COMPANY and UNITED
OFFICE AND PROFESSIONAL WORKERS OF AMERICA (CIO)
Case No. 14-R-1101.-Decided February 8, 194.5
Mr. J. W. Havighurst, of Cleveland , Ohio, and Mr. J. M. Boltz,
of St . Louis , Mo., for the Company.
Messrs . Laney T. Funderbwrk , Robert R. Conway , James MeHale,
and Robert L. Miller, all of St . Louis, Mo., and Mr. T. J.' Breneisen, of
Pine Lawn , Mo., for the Union.
Mr. Nathan Saks , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Office and Professional Work-
ers of America (CIO), herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Monumental Life Insurance Company, Baltimore, Mary-
land, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Harry
G. Carlson, Trial Examiner. Said hearing was held at St. Louis,
Missouri, on January 12,1945. The Company and the Union appeared
and participated. 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.
All parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Monumental Life Insurance Company, a Maryland corporation,
has its principal office and place of business, known as the Home
Office, in Baltimore, Maryland. It is licensed to engage and is en-
60 N. L. R. B., No. 97.
510
MONUMENTAL LIFE INSURANCE COMPANY 511
gaged in the business of life, health and accident insurance in 13
States of the United States and in the District of Columbia, and has
insurance in force in every State in the United States.
As of September 30, 1944, the Company had 58 District Offices, and
had 1,213,270 policies of insurance in force in the United States with
a total face value of $448,426,274. On that date the Company's total
admitted assets consisting principally of bonds, stocks, first mortgages
on real estate, real-estate, loans, interest, uncollected premiums and
cash in banks and trust companies, amounted in value to $60,604,385.20.
From January 1, 1944, through October 1, 1944, the Company ex-
pended $28,446.76 for printing and stationery ; $52,786.14 for postage,
express, telephone, and telegraph; and $30,995.26 for traveling
expenses.
The Company manages and directs its business, issues all policies
of insurance, and makes practically all payments of claims from
its Home Office in" Baltimore, Maryland. The District Offices remit
weekly to the Home Office on ordinary life and weekly premium
business.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.'
H. THE ORGANIZATION INVOLVED
United Office and Professional Workers of America, affiliated with
the Congress of Industrial Organizations, is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, and additional authorizations for representation submitted
at the hearing, indicate that the Union represents a substantial num-
ber of employees in the unit hereinafter found appropriate.2
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.
' Polish National Alliance v. N L R B., 322 U S 643.
' The Field Examiner reported that the Union submitted 30 membership cards which con-
tained the names of employees in the appropriate unit, and that the number of employees in
said unit on December 11, 1944, was 85 The Union submitted 4 additional authorization
cards at the hearing which bore apparently genuine original signatures.
512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The Company maintains 6 District Offices in the State-of Missouri,
located as follows: 2 in Kansas City, Missouri; 1 in St. Joseph, Mis-
souri; and 3 in St. Louis, Missouri. Each District Office is under
the supervision of a district manager aided by one or more assistant
managers, who in turn supervise the industrial agents attached to the
office and make reports and recommendations to the district manager
concerning the agents and their work. There are 85 agents attached
to and working out of the Missouri District Offices.3 The Union
seeks a unit comprised of these employees, and the Company takes
no position with respect to the appropriate unit.
- We find, -in accordance with the unopposed request of the Union,
and upon the entire record, that all industrial agents who are attached
to and work out of the Company's District Offices in the State of
Missouri, excluding office and clerical employees, cashiers, managers,
assistant managers, and all other supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action, con-
stitute a -unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act .4
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 3, as amended, it is hereby
8 Of this number , 69 work in Missouri, 8 work in Kansas , and 8 work in Illinois. The
Company maintains no District Offices in Kansas, and the 8 agents who work in Illinois
have no "contacts" with the Company in that State There are no detached agents working
in Missouri or attached to any District Office in Missouri
4 We have held that, in the absence of unusual circumstances, a unit for insurance
agents smaller than State -wide in scope should be avoided . Matter of Metropolitan Life
Insurance Company, 56 N. L. R. B. 1635 . We have also found that State-wide units are
appropriate which include insurance agents -txho are attached to and work out of offices in
the State involved but who actually work in neighboring States. Matter of The Prudential
Insurance Company of America, 49 N. L. R B 450 . The unit established above is in line
with our policy , as enunciated in these decisions. -
MONUMENTAL LIFE INSURANCE COMPANY 513
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Monumental Life
Insurance Company, Baltimore, Maryland, an election by secret bal-
lot 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 Fourteenth Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction, including employees who
did not work during the 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 any who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the election, to determine whether or not they desire to be repre-
sented by United Office and Professional Workers of America (CIO)
for the purposes of collective bargaining.
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