The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Jun 18, 1938

7 N.L.R.B. 974 (N.L.R.B. 1938)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
GENERAL DRIvERs, LOCAL No. 116, A. F. OF L.
Case No. C-504.-Decided June 18, 1938
Communications Industry-Settlement: agreement to comply with Act-
Order: entered on stipulation.
Mr. Thurlow Smoot, for the Board.
Mr. Ralph H. Kimball -and Mr. Francis R. Stark, of New York
City, for the respondent.
Mr. Jack Worth and Mr. J. A. Callahan, of Fargo, N. D., for
Local 116.
Mr. James F. Dulligan, of New York City, for the Association.
Mr. Lester Asher, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by General Drivers,
Local No. 116, A. F. of L., herein called Local 116, the National
Labor Relations Board, herein called the Board, by Robert J.
Wiener, Acting Regional Director for the Eighteenth Region (Minne-
apolis, Minnesota), issued its complaint dated March 11, 1938, against
The Western Union Telegraph Company, herein called the respond-
ent. The complaint and notice of hearing thereon were duly served
upon the respondent, Local 116, and The Association of Western
Union Employes, herein called the Association.
The complaint alleged that the respondent in the operation of its
office at Fargo, North Dakota, had engaged in and was engaging in
unfair labor practices affecting commerce within the meaning of
Section 8 (1) and (5) and Section 2 (6) and (7) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On March
19, 1938, the respondent filed its answer to the complaint, admitting
the allegations as to the nature and scope of its business but deny-
ing the allegations of unfair labor, practices.
On March 24, 1938, the Association filed with the Acting Regional
Director a notice of its intention to enter a motion for leave to
intervene.
974
i
DECISIONS AND ORDERS 975
Pursuant to notice , a hearing was held in Fargo, North Dakota, on
March 28, 1938 , before Charles E. Persons, the Trial Examiner duly
designated by the Board. The Board and the respondent were repre-
sented by counsel, and Local 116 by certain of its officers . Counsel
for the Association was present at the hearing but did not enter his
appearance of record . Full opportunity to be heard , to examine
and cross -examine witnesses , and to produce evidence bearing upon
the issues was afforded to all parties . No motion for leave to inter-
vene was made by counsel for the Association.
On March 28 , 1938, during the course of the hearing , the respond-
ent, Local 116, and the Board entered into a stipulation which was
read into the record and which effected a settlement of the case.
Thereupon the hearing was closed.
On April 4, 1938, the Board, acting pursuant to Article II, Sec-
tion 37, of National Labor Relations Board Rules and Regula-
tions-Series 1, as amended, ordered this proceeding to be trans-
ferred to and continued before it.
The above -mentioned stipulation provides as follows :
It is herewith stipulated by and between the parties hereto
that the respondent is a New York corporation which is author-
ized to transact business in the State of North Dakota and has
an office and place of business in the City of Fargo, North
Dakota.
It is further stipulated that the respondent is now and has
continuously been engaged in the receipt and transmission by
telegraph and cable of national and international communica-
tions ; that the respondent , in the course and conduct of its
business and in particular at its Fargo office receives and trans-
mits telegraphic and cable messages from and to states and terri-
tories of the United States and foreign countries . The business
of the respondent is that of continuous transmission of intelli-
gence among the states of the United States, its territories, and
foreign countries, by means of a highly developed and inte-
grated communications system.
The respondent employs and has at all times herein men-
tioned employed at its Fargo office numerous persons who are
engaged in the handling, receiving and transmitting of intelli-
gence. The respondent also employs at its Fargo office numerous
messengers who pick up outgoing messages from customers and
take them to the respondent 's office in Fargo for transmission
to points within and without the State of North Dakota. The
messengers also deliver incoming messages to customers.
It is further stipulated that General Drivers, Local 116,
affiliated with the American Federation of Labor, is a labor
976 NATIONAL LABOR RELATIONS BOARD
organization within the meaning of the National Labor Rela-
tions Act.
The company agrees that it is engaged in interstate commerce
within the meaning of the National Labor Relations Act.
It is hereby stipulated by and between the respondent, by its
counsel, Ralph H. Kimball, Local 116 by J. A. Callahan, Sec-
retary, and Jack Worth, President, and Thurlow Smoot, Re-
gional Attorney for the Eighteenth Region, National Labor
Relations Board, that a majority of the messengers employed
by the respondent in Fargo, North Dakota, at the dates set
forth in the 'complaint had designated Local 116 of General
Drivers Union as their representative for the purpose of collec-
tive bargaining with the respondent and that the respondent
will consider said messengers to constitute an appropriate unit
unless and until another appropriate unit shall have been decided
under the National Labor Relations Act by the National Labor
Relations Board and that the following order may be submitted
to the National Labor Relations Board as a basis for action by
the said Board and an order by said Board directed to The
Western Union Telegraph Company.
It is further agreed that a decree based upon said order may
be entered in the appropriate Circuit Court of Appeals.
ORDER
The Western Union Telegraph Company shall cease and
desist :
(a) From discouraging membership in General Drivers, Local
116, affiliated with the American Federation of Labor, or en-
couraging membership in the Association, of Western Union
Employes by discriminating against its Fargo messengers in
regard to hire or tenure of employment or terms or conditions
of employment;
(b) From in any manner interfering with, restraining or
coercing its Fargo messengers in the exercise of their right to
organize, to form, join or assist labor organizations, to bargain
collectively through representatives of their own choosing, and
to engage in concerted activities for the purpose of collective
bargaining for their mutual aid or protection, as guaranteed in
Section 7 of the National Labor Relations Act;
(c) From refusing to bargain collectively with General
Drivers, Local 116 as the sole exclusive representative of all its
messengers employed at Fargo, North Dakota, in respect to
rates of pay, wages, hours of employment or other conditions
DECISIONS AND ORDERS 977
of employment unless and until another appropriate unit shall
have been decided under the National Labor Relations Act.
The Western Union Telegraph Company shall take the fol-
lowing affirmative - action:
(a) Immediately post notices on the company bulletin board
at its office in Fargo, North Dakota, stating :
(1) That the respondent will cease and desist in the man-
ner aforesaid ;
(2) That such notices will remain posted for a period of
at least thirty consecutive days from the date of posting;
(b) On request, to bargain collectively with the General
Drivers, Local 116 as the sole exclusive representative of all its
messengers employed at Fargo, North Dakota, in respect to
rates of pay, wages, hours of employment and other conditions
of employment unless and until another appropriate unit shall
have been decided under the National Labor Relations Act;
(c) Notify the Acting Regional Director for the Eighteenth
Region of the National Labor Relations Board in writing with-
in ten days from the date of this order what steps The Western
Union Telegraph Company has taken to comply herewith.
_Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF TIIE RESPONDENT
The respondent, The Western Union Telegraph Company, is a
New York corporation engaged in the receipt and transmission by
telegraph and cable of national and international communications.
The business of the respondent is that of continuous transmission of
intelligence among the States of the United States, its territories,
and foreign countries, by means of a highly developed and integrated
communications system.
The respondent is authorized to transact business in the State of
North Dakota and has an office and place of business in Fargo, North
Dakota. In the course and conduct of its business and in particular
at its Fargo office, the respondent receives and transmits telegraphic
and cable messages from and to States and territories of the United
States and foreign countries. At its Fargo QMice it employs numerous
persons who are engaged in handling, receiving, and transmitting
intelligence . It also employs at its Fargo office numerous messengers
who pick up outgoing messages from customers and take them to
the respondent 's office for transmission to points within and without
North Dakota. The messengers also deliver incoming messages to
customers.
978 NATIONAL LABOR RELATIONS BOARD
We find that the respondent's operations at its Fargo, North
Dakota, office constitute commerce and communication among then
several States and with territories and foreign countries.
H. THE APPROPRIATE UNIT
We find that the messengers employed by the respondent at its,
Fargo, North Dakota, office constitute a unit appropriate for the
purposes of collective bargaining and that said unit insures to em-
ployees of the respondent the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuates:
the policies of the Act.
III. REPRESENTATION BY LOCAL 116 OF THE MAJORITY IN THE APPROPRIATE
UNIT
We find that Local 116 has been designated and selected by a
majority of the employees in the appropriate unit as their represent-
ative for the purposes of collective bargaining.
ORDER
Upon the basis of the above findings of fact and stipulation, and
upon the entire record in the case and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that The Western Union Telegraph Company,
its officers, agents, successors, and assigns shall :
1. Cease and desist :
(a) From discouraging membership in General Drivers, Local 116,
affiliated with the American Federation of Labor, or encouraging
membership in the Association of Western Union Employes by dis-
criminating against its Fargo messengers in regard to hire or tenure
of employment or terms or conditions of employment;
(b) From in any manner interfering with, restraining, or coercing
its Fargo messengers in the exercise of their right to organize, to,
form, join or assist labor organizations, to bargain collectively
through representatives of their own choosing and to engage in con-
certed activities for the purpose of collective bargaining for their
mutual aid or protection as guaranteed in Section 7 of the National
Labor Relations Act;
(c) From refusing to bargain collectively with General Drivers,
Local 116, as the sole exclusive representative of all its messengers
employed at Fargo, North Dakota, in respect to rates of pay, wages,
hours of employment or other conditions of employment unless and
until another appropriate unit shall have been decided under the
National Labor Relations Act.
DECISIONS AND ORDERS 979
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Immediately post notices on the Company bulletin board at
its office in Fargo, North Dakota, stating (1) that respondent will
cease and desist in the manner aforesaid; and (2) that such notices
will remain posted for a period of at least thirty (30) consecutive
days from the date of posting;
(b) On request, bargain collectively with the General Drivers,
Local 116, as the sole exclusive representative of all its messengers
employed at Fargo, North Dakota, in respect to rates of pay, wages,
hours of employment, and other conditions of employment unless and
until another appropriate unit shall have been decided under the
National Labor Relations Act;
(c) Notify the Acting Regional Director for the Eighteenth
Region of the National Labor Relations Board in writing within
ten (10) days from the date of this order what steps The Western
Union Telegraph Company has taken to comply herewith.