The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Apr 8, 1942

40 N.L.R.B. 274 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS' UNION, LOCAL #112, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
Case No. R-2936.-Decided April 8, 19442
Jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord petitioner recognition until certified by the Board;-, election
necessary.
Unit Appropriate for Collective Bargaining : all employees in the, metropolitan
area of Lincoln, Nebraska, excluding the chief operator, night chief operator,
the superintendent, delivery manager, and part-time messengers engaged
exclusively in errand or distribution service; agreement as to.
Mr. A. C. Cronkhite, of Chicago, Ill., for the Company.
Mr. H. W. Brandon, of Lincoln, Nebr., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION -
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
.
On'January 22 and July 10, 1941, respectively, Local #112, Com-
Inercial Telegraphers' Union, herein called the Union, filed with the
Regional Director for the Seventeenth. Region , (Kansas City,
Missouri) a- petition and an amended petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of The Western Union Telegraph Company, Lincoln,
Nebraska, herein called the Company, \and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On August 9, 1941, the National Labor Relations Board, acting pur-
suant 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.
On August 20, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union and upon American Communications Association. Pursuant
to notice, a hearing was held on August 28, 1941, at Lincoln,
Nebraska, before Joseph A. Hoskins, the Trial Examiner duly desig-
40 N. L. R. B., No. 44.
274
THE WESTERN UNION TELEGRAPH COMPANY - 275
nated by the Chief Trial Examiner. The Company and-the Union
were represented and participated in the hearing. American Com-
munications Association did not appear at the hearing. Full oppor-
tunity 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.
On October 4, and November 3, 1941, respectively, the Board issued
a Decision and Direction of Election and an Amendment to Decision
and Direction of Election. Pursuant thereto, an election by 'secret
ballot was conducted on November 21, 1941, under the direction and
supervision of the Regional Director. On November 24, 1941, the
Regional Director issued an Election Report.
On January 22, 1942, the Union filed a motion to amend its peti-
tion, as amended, in this proceeding, to redescribe and restrict the
unit. set forth in `the petition. On February 25, 1942, 'the Company
and the Union entered into a stipulation agreeing to the requested
amendment, and further agreeing that the Board may in its discre-
tion, "without further action or notice" to the parties, vacate and
set aside any or all previous actions taken in this proceeding and
direct a new election among employees in the unit described in the
stipulation. The stipulation is hereby made a part of the record of
this proceeding. The motion to amend the petition is hereby granted.
On April 6, 1942, in accordance with the stipulation, the Board issued
an order vacating its Decision and Direction of Election, as amended,
and setting aside the-proceedings subsequent thereto including the
17
election, and the Election Report.
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
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 more than 43,000 persons. This proceeding
involves the Lincoln, Nebraska, office of the Company.
II. THE , ORGANIZATION INVOLVED
Local #112, Commercial Telegraphers' Union, is a labor organiza-
tion affiliated with 'the 'American` Federation of Labor,,admitt,ing' to
276 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
membership employees at the., Lincoln, Nebraska, offices of the
Company. I
III. THE QUESTION CONCERNING REPRESENTATION
The. Union has requested the Company to recognize it as the
exclusive bargaining representative of the employees in a unit claimed
by it to be appropriate. The Company has refused to recognize the
Union until the Board certifies it as the exclusive representative of
such employees. A statement of a Field Examiner of the Board,
introduced into evidence at the hearing, shows that the Union rep-
resents 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.
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
The Company and the Union agree,-and we find, that all employees
of the Company employed in, the metropolitan area of Lincoln,
Nebraska, excluding the chief operator, night chief operator, the
superintendent, delivery manager, and part-time messengers engaged
exclusively in errand or distribution service, constitute a unit appro-
priate 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 bargaining
and otherwise will effectuate the policies of the Act.
VI. THE DETER MINATION OF REPRESENTATIVES
We find that the question concerning representation which 'has
arisen can best be resolved by means of an election by secret ballot.
We shall direct that the employees 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
'The Field Examiner ieported that the Union presented authorization lists containing
the signatures of 31 per,ons whose names appear on the Company's pay roll of march 11,
1941
THE WESTERN UNION TELEGRAPH COMPANY 277
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,
Lincoln, Nebraska, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the Act.
2. All employees of the Company employed in the metropolitan
area of Lincoln, Nebraska, excluding the chief operator, night chief
operator, the superintendent, delivery manager, and part-time mes-
sengers engaged exclusively in errand or distribution service, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (h) 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, Lincoln, Nebraska,
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
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 of the Company work-
ing in the metropolitan Lincoln, Nebraska, area who were employed
during the pay-roll period immediately preceding the date of this
Direction, including employees who did not work during such pay-
roll period because they were ill or on vacation or in the active mili-
tary service or training of the United States, or temporarily laid
off, but excluding the chief operator, night chief operator, the super-
intendent, delivery manager, part-time messengers engaged exclu-
sively in errand or distribution service, and employees who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by Local #112, Commercial Telegra-
phers' Union, affiliated with the American Federation of Labor, for
the purposes of collective bargaining.
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
C01NIAIERCIAL TELEGRAPHERS' UNION, LOCAL #112, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
Case No. B-2936
CERTIFICATION OF REPRESENTATIVES
May 5, 194
On April 8, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceedings'
Pursuant to the Direction of Election, an election by secret ballot
was conducted on April 24, 1942, under the direction and supervision
of the Regional Director for the Seventeenth Region (Kansas City,
Missouri). On April 25, 1942, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties an Election Report on the ballot. No objections to
the conduct of the ballot or the Election Report have been filed by
any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list------------------------------------- 41
Total ballots cast------------------------------------------ 35
Total ballots challenged------------------------------------ 1
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------ 0
Total valid votes counted---------------------------------- 34
Votes cast for Local #112, Commercial Telegraphers' Union,
affiliated with American Federation of Labor-------------- 34
Votes cast against Local #112, Commercial Telegraphers'
Union, affiliated with American Federation of Labor -------- 0
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,'
as amended,
140 N. L. R. B. 274
40 N. L. R. B., No. 44a.
278
THE WESTERN UNION TELEGRAPH COMPANY 279
IT IS HEREBY CERTIFIED that Local #112, Commercial Telegraphers'
Union, affiliated with the American Federation of Labor, has been
designated and selected by a majority of all employees of The
Western Union Telegraph Company working in the metropolitan
Lincoln; Nebraska, area excluding the chief operator, night chief
operator, the superintendent, delivery manager, and part-time mes-
sengers engaged exclusively in errand or distribution service, as
their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, Local #112, Commercial
Telegraphers' Union, affiliated with the American Federation. of
Labor, is, the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of, employment, and other conditions of employment.