The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Feb 18, 1942

38 N.L.R.B. 1391 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
TELEGRAPH WORKERS FEDERAL LABOR UNION # 22679 , DISTRICT No. 2-
CHAPTER, AFFILIATED WITH A. F. OF L.
Case No. -R-3,526.-Decided Febrzuary'18, 194
Jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of question: Com-
pany suggested that union refer any claims it might have for recognition to
the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all employees in the offices located
in District No. 2 of the Gulf Division; of the Company, including regular and
part-time messengers and managers, but excluding employees in divisional
cities and temporary employees.
Mr. C. J. Ince and Mr. C. R. Nichols, of Dallas , Texas, for the
Company.
Mr. Herbert S. Thatcher, of Washington , D. C:, for Local 22679.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 16, 1942, Telegraph Workers Federal Labor Union
#22679, District No. 2 Chapter, affiliated with A. F. of L., 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 in District No. 2 of the Gulf Division of The Western
Union Telegraph Company, herein called the Company, and request-
ing 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 February 4, 1942, the National Labor
Relations Board, herein called the Board, acting pursuant to Sec-
tion 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
38 N L. R. B., No. 245.
1391
1392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
conduct it and to provide for an appropriate hearing upon due
notice.
On February 3, 1942, the Company, Local 22679, and Commercial
Telegraphers Union, entered into a Stipulation, waiving notice and
a hearing in this proceeding, and agreeing that the records in Cases
Nos. R-3102-3108, R-3110-3142, R-3173-3189, and R-3310, be
incorporated by reference in this proceeding. The Stipulation and
the records in the above-enumerated cases are hereby incorporated
into and made a part of the record in this proceeding.
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 in New York City. It is engaged
throughout 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 approximately 49,000 persons. This proceeding
involves employees in the offices located in District No. 2 of the Gulf
Division of the Company. The Company admits that it is engaged
in commerce within the meaning of the Act.
H. THE ORGANIZATION INVOLVED
Telegraph Workers Federal Labor Union #22679, District No. 2
Chapter, is a labor organization affiliated with the American Federa-
tion of Labor. It admits to membership employees in District No. 2
of the Gulf Division of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company suggested to Local 22679 that it refer any claims it
might have for recognition to the Board. Statements of the Trial
Examiner made during the' hearings of the cases incorporated by
reference in this proceeding, show 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.
1
THE WESTERN UNION TELEGRAPH COMPANY 1393
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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
Local 22679 and the Company agreed that all employees in the
offices located in District No. 2 of the Gulf Division of the Company,
excluding employees in divisional cities, constitute an appropriate
unit.' The only controversy with respect to the unit concerns
messengers and managers.
Messengers. Local 22679 urges that regular messengers be included
in the unit but that part-time messengers be excluded from the unit.
The Company took no definite position with respect to the mes-
sengers but referred the Board to the facts concerning messengers
presented in connection with the case involving the Chicago office
of the Company. Part-time messengers work a few hours per week
and there is a 50-percent turn-over among them every month. They
work every week. For the reasons indicated in our decision in the
Chicago case 2 we find that regular and part-time messengers should
be included in the unit.
Managers. These employees are in charge of the various district
offices throughout District No. 2 of the Gulf Division of the Company.
Local 22679 urges that such employees who spend over 50 percent
of their time performing supervisory functions should be excluded
from the unit and that the remainder should be included. The Com-
pany asks that all of these employees be excluded from the unit, con-
tending that such employees represent the management in the various
localities in which they work and have the authority to hire and
discharge messengers . Although the managers do have authority
to hire and discharge messengers, the managers and the other em-
ployees at the district offices are under the supervision of a district
superintendent . The local managers have authority to settle only
minor grievances , and representatives of Local 22679 have discussed
grievances with the Company on behalf of local managers. It appears
'The Company stated that although it considered a Nation-wide unit appropriate, it had
no objection to the setting up of districts as separate bargaining units
Matter of The Western Union Telegraph Company and Telegraph Workers Independent
Union, et at., 36 N. L . R. B. 812
438861-42-vol. 38-89
1394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from the testimony that many of the managers are members of Local
22679. Under these circumstances, we find that all managers of
district offices in District No. 2 of the Gulf Division of the Company
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 in the offices located in District No. 2
of the Gulf Division of the Company, including regular and part-time
messengers and managers, but excluding employees in divisional cities
and temporary employees, constitute a unit appropriate for the pur-
poses of collective bargaining and that such unit will insure to em-
ployees of the Company the full benefit of their right to self -organiza-
tion and to collective bargaining and otherwise will effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation 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 in District No: 2 of the Gulf Division of
The Western Union Telegraph Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All employees in the offices located in District No. 2 of the Gulf
Division of the Company, including regular and part-time messengers
and managers, but excluding employees in divisional cities and tem-
porary employees, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
THE WESTERN UNION TELEGRAPH COMPANY
DIRECTION OF ELECTION
1395
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, as amended, it is
hereby
Dmm-rm that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with The Western Union Telegraph Company, 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 Relations Board
and subject to Article III, Section 9, of said Rules and Regulations,
among all employees in the offices located in - District No. 2 of the
Gulf Division of the Company who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing regular and part-time messengers, managers, 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 employees in divisional
cities, 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 #22679,
District No. 2 Chapter, affiliated with the American Federation of
Labor, for the purposes of collective bargaining.
C