The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Nov 29, 1941

37 N.L.R.B. 200 (N.L.R.B. 1941)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
TELEGRAPH WORKERS FEDERAL LABOR UNION ' No. 22679, EL PASO
CHAPTER
Case No. R-3311.-Decided November 29, 19411
Jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of question : com-
pany requested that union obtain certification by the Board; election necessary.
Unit Appropriate for Collective Bargaining : all employees at the El Paso, Texas,
office of the Company, including regular and regular part-time messengers, but
excluding the superintendent, manager of delivery department, commercial
representative, T & R chief, night traffic managers, traffic manager, and
temporary employees
Mr. C. J. Inee, of Dallas, Tex., for the Company.
Mr. Van McKee, of Dallas, Tex., for Local 22679.
Mr. Louis Cokin, of counsel to the Board.
l
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 20, 1941, Telegraph Workers Federal Labor Union
No. 22679, El Paso Chapter, 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, El Paso, Texas, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On November 14, 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 con-
duct it and to provide for an appropriate hearing upon due notice.
On November 17, 1941, the Regional Director issued a notice of hear-
ing, copies•of which were duly served upon the Company, Local 22679,
37 N L R. B, No. 30.
200
THE WESTERN UNION TELEGRAPH COMPANY 201
Commercial Telegraphers' Union, and American Communications
Association. Pursuant to notice, a hearing was held on November 19,
,1941, at Dallas. Texas, before Clifford W. Potter, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company and
Local 22679 were represented and participated in the hearing. Ameri-
can Communications Association and Commercial Telegraphers' Union
did not appear at the hearing. Full opportunity to be heard, to exam-
ine and cross-examine witnesses, and to introduce evidence bearing.
on the issues was afforded all parties. During the course of the hear-
ing the Trial Examiner granted a motion of Local 22679 to amend its
petition to set forth correctly the unit. During the course of the hear-
ing the Trial Examiner made several rulings on other motions 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. 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
operates 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 approx-
imately 49,000 persons. The Company maintains an office at El Paso,
Texas, with which we are here concerned. It admits that it is engaged
in commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
'Telegraph Workers Federal Labor Union No. 22679, El Paso Chap-
ter, is a labor organization affiliated with the American Federation of
Labor. It admits to membership employees at the El Paso, Texas,
office of the Company.
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 a Field Examiner of the Board, introduced in evidence during the
202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 commerce 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 El
Paso office of the Company, excluding the superintendent, manager of
delivery department, commercial representative, T. & R. chief, night
traffic managers, and traffic manager, constitute an appropriate unit.2
Local 22679 urges that regular and regular part-time messengers be
included in the unit. The Company stated that its position with re-
spect to the messengers was the same as in the case involving the
Chicago office of the Company. For the reasons indicated in our de-
cision in the Chicago case 3 we find that regular and regular part-time
messengers at the El Paso office should be included in the unit.
Local 22679 urges that temporary employees be excluded from the
unit. The Company took no position with respect to these employees.
Temporary employees are hired solely for a temporary period of time
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 El Paso office of the Company, in-
cluding regular and regular part-time messengers, but excluding the
superintendent, manager of delivery department, commercial repre-
sentative, T. & R. chief, night traffic managers, traffic manager, and
temporary employees, constitute a unit appropriate for the purposes
i The Field Examiner stated that Local 22679 presented membership cards signed by
65 persons who appeared on the Company 's pay roll for the El Paso office . There are
approximately 104 employees at the El Paso office
2 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 El Paso , as separate
bargaining units
3 Matter of The Western Union Telegraph Company and Telegraph Workers Independent
Union, et al., 36 N L R . 13 812.
6 The term "temporary employees" as used herein does not apply to probational em-
ployees, but only to employees occasionally hired for the performance of specific tasks
with the knowledge that their work is to be temporary.
THE WESTERN UNION TELEGRAPH COMPANY 203
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 DETERMINATION 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 deter-
mining the wishes of its employees as to representation. Under these
circumstances, we find that the question concerning representation
which has arisen can best be resolved by the holding of an election by
secret ballot.5
We shall direct that the employees of the Company eligible to vote
in the election shall be those in the appropriate unit who were em-
ployed 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,
El Paso, Texas, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All employees of the El Paso office of the Company, including
regular and regular part-time messengers, but excluding the superin-
tendent, manager of delivery department, commercial representative,
T. & R. chief, night traffic managers, traffic manager, 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.
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
G See Matter of Armour & Company and United Packinghouse Workers, Local Industrial
Union No 13, of Packinghouse Workers Organizing Committee , affiliated with C I 0.,
13 N. L R. B. 567.
204 DECISIONS OF -NATIONAL LABOR - RELATIONS BOARD
with The Western - Union Telegraph Company, El Paso, 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 Sixteenth
Region, acting in this matter as agent. for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations , among all employees at the El Paso office of the Com-
pany who were employed during the pay-roll" period immediately pre-
ceding the date of this Direction, including regular and regular 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
ex''udiug the superintendent, manager of delivery department, com-
mercial representative , T. & R. chief, night traffic managers, traffic
manager, 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,
El Paso Chapter , affiliated with the American Federation of, Labor,
for the purposes of collective bargaining.
9 See footnote 4, supra