Monumental Life Insurance Co.

National Labor Relations Board - Board Decisions

Jul 9, 1945

62 N.L.R.B. 1200 (N.L.R.B. 1945)

In the Matter of MONUMENTAL LIFE INSURANCE COMPANY and UNITED
OFFICE AND PROFESSIONAL WORKERS OF AMERICA , C. I. O.
Case No. 8-R-1825.-Decided July 9, 1945
Mr. J. W. Havighurst, of Cleveland, Ohio, for the Company.
Messrs. Alex R. Dragan and Mark G. Clark, of Cleveland, Ohio, for
the Union.
Mr. Harold M. Humphreys, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Office and Professional Workers
of America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of employees
of Monumental Life Insurance Company, Baltimore, Maryland, herein
called the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before John W. Irving, Trial Ex-
aminer . Said hearing was held at Cleveland, Ohio, on May 12, 1945. The
Company and the Union appeared and participated.' All parties were
afforded full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues. The Trial Exam-
iner'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
1. THE BUSINESS OF THE COMPANY
Monumental Life Insurance Company is a Maryland corporation having
its principal office, known as the Home Office,, in Baltimore, Maryland.
1 Although Notice of Hearing was served upon Industrial and Ordinary Insurance Agents Council
(AFL), and International Union of Life Insurance Agents, neither appeared.
62 N. L. R. B., No. 158.
1200
I
MONUMENTAL LIFE INSURANCE COMPANY 1201
It is licensed to engage and is engaged in the business of life, health, and
accident insurance in more than 10 States, 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 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 expended $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 poli-
cies 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. The
present proceeding concerns the Company's licensed industrial insurance
agents in the State of Ohio.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Office and Professional Workers of America, affiliated with the
Congress of Industrial Organizations, is a labor organization admitting
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,
indicates that the Union represents a substantial number of employees
in the unit hereinafter found appropriate? .
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Company maintains 14 District Offices in the State of Ohio, located
at Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Lorain, New-
ark, Toledo, Youngstown, and Zanesville. Each District Office is under
a The Field Examiner reported that the appropriate unit consists of 156 employees, that the Union
submitted 48 membership authorization cards ; and that the cards were dated in December 1944, and
January and February 1945.
1202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the supervision of a district manager who is aided by an assistant manager.
The managers and assistant managers regularly direct the work of other
employees and have the authority effectively to recommend changes in the
status of employees. At each District Office there are also a clerical staff
and a supervisor of office accounts The Union seeks to represent only the
licensed industrial insurance agents at all the District Offices in Ohio
We find, in accordance with the unopposed request of the Union, and
based upon the entire record, that all licensed industrial insurance agents
of the Company in the State of Ohio, excluding supervisors of office
accounts, clerical employees, district managers, assistant managers, and
all other supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the pur-
poses 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 employees in
the appropriate unit who were employed during the pay-roll period immedi-
ately preceding the date of the Direction of Election herein, subject to
the limitations and additions set forth in the Direction.'
The Regional Director, in conformity with customary practice, may
conduct the balloting, in whole or in part, by mail, if such procedure is
deemed by him to be expedient.
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
DIRECTED that, as, part of the investigation to ascertain representatives
for the purposes of collective bargaining with Monumental Life Insurance
Company, Baltimore, Maryland, 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 Eighth Region,' acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Sections 10
and 11, of said Rules and Regulations, among the employees in the unit
found appropriate in Section IV, above, who were employed during the
8 See Matter of Metropolitan Life Insurance Company, 56 N. L R. B., 1635.
* In accordance with the agreement of the parties, otherwise eligible agents who are unlicensed, but
become licensed before the date of election, shall be permitted to vote
NIONUMENTAL LIFE INSURANCE COMPANY 1203
pay-roll period immediately preceding the date of this Direction , includ-
ing employees who did not work during the said pay -roll period because
they were ill or on vacation or temporarily laid off, 'and including employ-
ees in the armed forces of the United States who present themselves in
person at the polls , but excluding those employees 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 represented by United Office and Professional Workers of America,
C. I. 0., for the purposes of collective bargaining.
CHAIRMAN HERZOC took no part in the consideration of the above Deci-
sion and Direction of Election.