The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Nov 17, 1941

36 N.L.R.B. 1009 (N.L.R.B. 1941)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and .
TELEGRAPH WORKERS FEDERAL LABOR UNION No. 22679, AMARILLO
CHAPTER
Case No. R-3102.-Decided November 17, 1941
jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of question: Com-
pany refused to accord union recognition ; election necessary.
Unit Appropriate for Collective Bargaining : all employees at the Amarillo,
Texas , office, including regular and part-time messengers , but excluding the
superintendent; manager of delivery department , chief operators , T. & R. chief,
and temporary employees.
Mr. C. J. Ince and Mr. C. R. Nichols, of Dallas, Tex., for the Com-
pany
Mr. Herbert S. Thatcher, of Washington, D. C., for Local 22679.
Mr. Jesse A. Payne, of Kansas City, Mo., for the C: T. U.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 24 , 1941, Telegraph Workers Federal Labor Union No.
22679, herein called Local 22679 , filed with the Regional Director for
the Sixteenth Region ( Fort Worth, Texas ) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Western Union Telegraph Company, Amarillo,
Texas, herein called the Company, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional 'Labor Relations Act, 49 Stat . 449, herein called the Act. On
July 8, 1941, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act and Article III,
Section 3, of National Labor Relations Board Rules and Regulations-
Series 2, as . amended, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
36 N. L : R. B., No. 207.
1009
43311S-42-vol. 36-65
1010 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On September 10, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, Local 22679,
Commercial Telegraphers' Union, herein called the C. T. U., and
American Communications Association. Pursuant to notice, a hear-
ing. was held, on. September :22, and 23, .•1941, at Dallas; Texas, before
Clifford W-Potter, the. Trial Examiner duly designated by the Chief
Trial Examiner, The Company, Local 22679, and the C. T. IT. were
represented and participated in the hearing. American Communica-
tions Association did not appear at the hearing. Full 'opportunity, to
be heard, to examine and cross-examine witnesses, and to introduce
evidence .bearing on' the issues was afforded all parties. During the
course of the -hearing the. Trial Examiner granted, motions of Local
22679 to amend its petition ; as to formal matters. During the course
of the hearing the Trial Examiner made several rulings on other mo-.
tions and on 'objections to the admission of evidence. -The Board-has
reviewed these -rulings and finds that no prejudicial errors were
committed. The rulings are hereby affirmed.
On October' 16, 1941, Local 22679 filed 'a brief which the Board has
considered.
Upon the entire;. record 'in the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Western Union Telegraph-Company is a New York corpora-
tion with its principal office at' New York City. It is engaged through-.
out 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 communications' system, the Company owns and/or op,
erates 214,220 miles of pole lines, 4,160 miles of land-line cable, 1,876,993
miles of wire, 30,344 nautical miles of ocean cable, and 20,445 telegraph
offices. At the close of 1940, the Company employed approximately
49,000 persons. The Company maintains an office at Amarillo, Texas,
with which we are here concerned. It admits that it is engaged in
commerce within the meaning' of the Act.
H. THE ORGANIZATIONS INVOLVED
Telegraph Workers Federal Labor Union No. 22679; Amarillo Chap-
ter, is a labor organization affiliated with the American Federation
of Labor. It admits to membership employees at the Amarillo, Texas,
office of the Company.
Commercial Telegraphers' Union is.a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the Company..
THE WESTERN': UN'ION--TELEGRAPH COMPANY 101.1
III.- THE QUESTION CONCERNING REPRESENTATION -
On December 9, 1940, the Company suggested that Local 22679 refer
any claims it might have for recognition to the Board.. A.statement
of the.Trial.Examiner, made during the hearing shows that Local 22679
represents a substantial number of employees in the unit which. it
alleges is appropriate?
We find that a question. has arisen ,concerning the representation of
employees of .the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has arisen,
occurring in connection with the operations of the Company described
in Section I above, has. a close, intimate, and substantial relation to
trade, traffic,-and coimerce among the several. States and tends'to lead
to labor disputes burdening and obstructing commerce and the free.
flow of commerce.
V. THE APPROPRIATE UNIT
Local 22679 and the Company agree that all employees: at the Ama-_
rillo office of the Company, excluding the superintendent, manager of
delivery department, chief operators, gild T. &R. chief; constitute an
approp'riate': unit.- The' C. 'I'.' U. stated that it' did hot. claim any
employees at the Amarillo office. 'The only, controversy ' with respect
to the unit concerns messengers.
Local 22679 urges that regular rriessengers.be included in the unit but
that part-time messengers be excluded from the unit. The Company
took no position with respect to the messengers pending the Board's
determination of the question of including' or excluding messengers
raised in. the case involving the Chicago office of the Company. Part-
time messengers work a few-hours per week and there is a 50 per cent
turnover of them every month. It appears that they ,work, every
Week. For the reasons indicated in our decision in the Chicago case 3
we find that regular and part-time messengers at the Amarillo office
should be included in the unit.
-Local 2267,9' urges that temporary employees be excluded' from the
unit: The-Company. took no position with respect to these employees.
Temporary employees are hired solely fora temporary period of time
i The Trial Examiner stated that Local 22679 'presented membership cards signed by
38 persons who appear on the Company ' s pay roll for the Amarillo office. There are 55
employees at the Amarillo office. .
The Company stated that although it considered a Nation -wide unit appropriate, it
had 'no objection , to, the setting up of functional cities, such as Amarillo ,,. as. separate
bargaining units.
a Hatter of The Western Union Telegraph Company and Telegraph . Workers Independent,
Union, at at ,, 36 N. L. R. B., No. 172. '
10'12 DECISIONS OF NATIONAL" LABOR- RELATIONS BOARD
and are so told at' the time they are hired. Under the circumstances,
we shall exclude, temporary employees from the unit.
We find that all employees at the Amarillo office of the Company,.
including regular and part-time messengers, but excluding the super-
intendent, manager of delivery department, chief operators, T. & R.
chief, and temporary employees, constitute a unit appropriate for
the purposes of collective bargaining and that such unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise will effectuate
the policies of the Act.
VI. THE DETERMIN ATION OF REPRESENTATIVES
Local 22679 seeks to be certified on the basis of the record. The
Company stated that it would not object to the certification of Local
22679 as the collective bargaining agent of its employees. without
an election, but that it believed an election to be the best method of
determining the wishes of its employees as to representation. Under
these circumstances, we, find that the question concerning representa-
tion which has arisen can best be resolved by the holding of an election
by secret ballot.'
We shall direct that the employees of the Company eligible to
vote in the election shall be those 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.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Western Union Telegraph Company,
Amarillo, Texas; within the meaning of Section 9 (c) and Section 2
(6) and (7). of the National Labor Relations Act.
2. All employees at the Amarillo office, of the, Company, including
regular -and part-time messengers , but excluding the superintendent,
manager of delivery department, chief operators, T. & R. chief, and
temporary: employees, constitute a unit appropriate for the purposes
of collective bargaining,. within the meaning of Section 9 (b) of the
National 'Labor Relations Act.
4 , 8ee Matter of Armour d Company and United Packinghouse Workers, Local Industrial
Union, No. 13, of Packinghouse Workers Organizing Committee , affiliated with C. 1. 0..
13 N. L. R. B. 567. '
THE WESTERN UNION TELEGRAPH COMPANY 1013
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 Rela-
tions Act and pursuant to Article III, Section 8, of National Labor.
Relations Board Rules and Regulations-Series 2, a s amended,' it, is
hereby -,
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The Western Union Telegraph Company, Amarillo, Texas, an
election by secret ballot 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 Sig-
teenth Region, acting in this matter as agent for the National Labor
Relations Board and subject to Article III, Section 9, of said Rules
and Regulations, among all employees at the Amarillo office of the
Company who were employed during the pay-roll period immediately,
preceding the date of this Direction, including regular and part-time
messengers and employees who did not work during such pay-roll
period because they were ill or on vacation or in the active military
service or training of the United States, or temporarily laid off, but
excluding the superintendent, manager of delivery department, chief
operators, T. & R. chief" temporary employees, and employees who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented by Telegraph Workers Federal
Labor Union No. 22679, Amarillo` Chapter, affiliated with the Ameri-
can Federation of Labor, for the purposes of collective bargaining.
MR. GERARD D. REuLy took no part.in the consideration of the
above Decision and Direction of Election.