The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Mar 14, 1942

39 N.L.R.B. 792 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS ' UNION, LOCAL 23.
Case No. B-3593.-Decided March 14, 1942
Jurisdiction : telegraph communications industry.
Investigation and Certification of Representatives : existence of question : refusal
of Company to accord union recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all employees in the offices located
in District No. 4 of the Gulf Division of the Company, excluding employees
in divisional cities, temporary employees, and managers and chief operators
at specifically named cities; agreement as to.
Mr. C. 'J. Ince, of Dallas, Texas, for the Company.
Mr. J. A. Payne, of Kansas City, Mo., for the Union.
Mr. Louis Cokin, of counsel to the Board.
j
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
,On December 30; 1941, Commercial Tel'egraphers' Union, Local
23, herein called the Union, filed with the Regional Director for the
Seventeenth Region (Kansas City, Missouri) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees in District No. 4 of the Gulf Division of The
Western Union Telegraph Company, herein called the Company, and
requesting an investigation and' certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On February 13, 1942, 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 Rela-
tions 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.
On February 25, 1942, the Regional Director issued a notice, of
hearing, copies of which were duly served upon the Company and
39 N. L. R. B., No. 151.
792
THE WESTERN UNION TELEGRAPH COMPANY 793
the Union and upon American Communications Association. Pur-
suant to notice, a hearing was held on March 3, 1942, at-Kansas City,
Missouri, before Paul Nachtman, the Trial Examiner duly designated
by the Chief Trial Examiner. The Company and the Union 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 made several rulings on
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
throughout the United -States and in various foreign countries in the
receiving and transmission by telegraph and cable of ^ intrastate,
interstate , and international communications . At the close of 1940,
the Company employed over 43,500 persons . This proceeding in-
volves employees in the offices located in-District No. 4 of the Gulf
Division of the Company.
II. THE ORGANIZATION INVOLVED
Commercial Telegraphers' Union, Local 23, is a labor. organization
affiliated with the American Federation, of Labor, admitting 'to
membership employees in District No. 4 of the Gulf Division of the
Company.
M. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union until such time as
it is certified by the, Board. A statement of a Field Examiner of
the Board, introduced into evidence at the hearing, shows that 'the
Union represents a substantial number of employees in the' alleged
appropriate unit.'
We find that a question has arisen concerning the representation
of employees of the Company-
I The Field Examiner reported that the Union presented 289 membership application, cards
bearing the signatures of persons whose names 'appeared on the Company 's pay rolls of
December 27, 1941 , and January 15, 1942. There are * approximately 425 employees in the
alleged appropriate unit.
794 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
The Union and the Company agree, and we find, that all employees
in the offices located in District, No. 4 of the Gulf Division of the
Company, excluding employees in divisional cities, temporary em-
ployees, and managers and chief operators at Springfield and St.
Joseph, Missouri ; Salina, Kansas ; and Colorado Springs, Pueblo,
Grand Junction, Alamosa, and Trinidad, Colorado, constitute a unit
appropriate for the purposes of collective bargaining? We further
find that such unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargain-
ing and otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Company and the Union agreed that the Board might certify-
the Union as the exclusive representative of the employees involved
herein without the holding of an election. However, the Union's
evidence- of membership was not inserted in the record. Under
these circumstances, we find that the question concerning represen-
tation can,best be resolved by an election by secret ballot. We find
that the employees of the Company eligible to vote in the election
shall be those within 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. 4 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 Act.
9 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.
THE WESTERN UNION TELEGRAPH COMPANY 795
2. All employees in, the offices located in District No. 4 of the Gulf
Division of the Company, excluding employees in divisional cities,
temporary employees, and managers and chief operators at Spring-
field and St. Joseph, Missouri; Salina, Kansas; and Colorado Springs,
Pueblo, Grand Junction, Alamosa, and Trinidad, Colorado, consti-
tute 'a unit appropriate for the purposes of collective bargaining
within the meaning of Section.9 (b) of the 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with The Western Union Telegraph Company, an election by secret bal-
lot shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction, under the. direction and super-
vision of the Regional Director for' the Seventeenth 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. 4 of the
Gulf Division of the Company who were employed during the pay-
roll period immediately preceding the date of this Direction, in-
cluding 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 exclud-
ing employees in divisional cities, temporary employees, and man-
agers and chief operators at Springfield and St. Joseph, Missouri;
Salina, Kansas; and Colorado Springs, Pueblo, Grand Junction,
/ Alamosa, and Trinidad, Colorado,•and employees who have since quit
or, been discharged - for cause, to determine whether or not they desire,
to be represented by Commercial Telegraphers' Union, Local 23,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining.
MR.. WM. M. LEISERSON took no part in the consideration of the
above-mentioned Decision and Direction of Election.