The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Apr 14, 1941

30 N.L.R.B. 1181 (N.L.R.B. 1941)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
NATIONAL WESTERN UNION COUNCIL OF A. F. OF L. FEDERAL UNIONS
AND CTU LOCALS
Case No. R- 237f.Decided April 14, 1941
Jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until it is certified by the Board ; temporary
employees having reasonable expectancy that their employment will continue
held eligible to vote ; election necessary.
Employee not to be eligible to vote in the election in the event the Regional
Director determines him to be an "other employment employee" i. e. a per-
son regularly employed by an employer other than the Company but who
occasionally performs work for the Company.
Employees listed on Company's pay roll as furloughed, absent because of
illness or "detailed to patron" held eligible to vote since they are considered
by the Company as employees and have a reasonable expectancy of returning
to work.
Unit Appropriate for Collective Bargaining : partial system unit : all employees
of the Company at Syracuse, New York, in the traffic department, commercial -
department (including messengers), and plant department, excluding the chief
operator, the assistant chief operator, early night chief operator, late night
chief operator, telephone supervisor, clerical supervisor, and wire chief, in the
traffic department ; the superintendent, delivery manager, sales manager, chief
clerk, revenue accounting center manager, and extra emergency messengers, in
the commercial department ; and the maintenance foreman in the plant
department.
Supervisory employees who are in charge of departments or subdepart-
ments, and who'have authority to perform supervisory functions, such as
the authority to recommend hiring and discharge, to discipline employees, to
consider employee grievances, and to assign hours of work to employees,
excluded- from the unit over the objection of the only labor organization
making a claim or showing of designation.
Mr. D. E. Krueger, of New York City, and Mr. L. A. Maurer, Mr.
C. G. Anderson, and Mr. J. F. Vinette, of Syracuse, N. Y., for the
Company.
Mrs. Julia 0. Parker, of New York City, Mr. Russell F. Davis, of
Syracuse, N. Y., and Mr. Seeley Budd, of Nedrow, N. Y., for the
A. F.. L.
Boudin, Cohn and Glickstein, of NewYork City, for the A. C. A.
Mr. Robert F. Koretz, of counsel to the Board.
30 N. L R. B., No. 166.
1181
1182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TILE CASE
On January 22,1941, National Western Union Council of A. F. of L.
Federal Unions and CTU Locals, acting on behalf of Western Union
Federal Local 22515, herein called the A. F. L., filed a petition with
the Regional Director for the Third Region (Buffalo, New York);
alleging that a question affecting commerce had arisen concerning the
representation of employees of The Western Union Telegraph Com-
pany,' Syracuse, New York, 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 24, 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 investiga-
tion and authorized the Regional Director to conduct it and to provide
for an.appropriate hearing upon due notice.
On February 25, 1941, the Regional Director issued a notice of hear-
ing, copies of which, together with copies of the petition, were duly
served upon the Company, upon National Western Union Council
of A. F. of L. Federal Unions and CTU Locals, upon American Com-
munications Association, herein called the A. C. A., upon Communica-
tions Guild of New York, herein called the Guild, and upon The
Commercial Telegraphers Union, herein called the CTU. Pursuant
to the notice, a hearing was held on March 5, 1941, at Syracuse, Nev
York, before Edward D. Flaherty, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. The Company and the A. F. of
L. appeared, were represented by their representatives, participated
in the hearing, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues.
On March 19,1941, the A. C. A. submitted a memorandum which the.
Board has considered.
Upon the entire record in the case, the Board makes the following:
1It appears that this is the correct designation of the Company . It was designated in
the petition and other formal papers as "western Union Telegraph Company."
THE WESTERN UNION TELEGRAPH COMPANY 1183
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
k
The Western Union Telegraph Company, a New York corporation
with its principal office at New York City, is engaged throughout the
United States and in foreign countries in the receiving and trans-
mission by telegraph and cable of intrastate, interstate, and interna-
tional communications., At the close of 1940 the Company employed,
approximately 43,500 persons, of whom approximately 1,350 were lo=
cated outside the United States. The present proceeding concerns,
only the approximately 158 employees of the Company at Syracuse,
New York.
The Company admits that it is engaged in commerce, within the
meaning of the Act. I . '
H. THE ORGANIZATION INVOLVED
Western Union Federal Local 22515, a federal labor union affiliated
with American Federation of Labor, is a labor orgnaization admitting
to membership employees of the Company at Syracuse, New York.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refused and refuses to recognize the A. F. L. as statu-
tory representative of its employees at Syracuse, New York,, until the
A. F. L. is certified by the Board.
At the hearing there was introduced in evidence a report by the
Regional Director showing that a substantial number of employees
within the unit hereinafter found to be appropriate have designated
the A. F. L. as their representative ,for the purposes of collective
bargaining.2
We find that'a question has arisen concerning the representation of
employees of the Company.
1V. 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
z The Regional Director reported that the A F. L submitted to him 72 authorization and
membership application cards bearing apparently genuine and of iginal signatures and dated
between November 1940 and January 1941 As stated above, the Company employs approx-
imately 158 persons at Syracuse, New York.
1184- DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with foreign countries, and tends to lead'to labor disputes burdening
and obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The A. F. L. requests that the unit appropriate for the purposes
of collective bargaining be confined to employees of the Company 'at
Syracuse, New York, where the Company's operations are carried on
by employees in the traffic, commercial," and plant departments. No
contention or showing was made herein which warrants a departure
from the request of the A. F. L.4 We are satisfied, and we find, that a
collective bargaining 'unit limited to employees of the Company at
Syracuse, New York, is appropriate.
It appears that the A. F. L. would include within the unit the per-
sonal service representative. No objection to her inclusion was raised
by the Company. Her duties consist of contacting operators at all
concerns which have private wire connections with the Company's
Syracuse office . While approximately half of her time is devoted to
such concerns outside of, but within a 70-mile radius of, the city of
Syracuse, and half of her salary is, paid by the office of the district
superintendent in New York City, we are of the opinion that there is
sufficient' community of interest between her and other Syracuse em-
ployees to warrant her inclusion in the unit. We shall include the
personal service representative in the unit.
The A. F. L. would also include branch managers within the unit.
No objection was raised to their inclusion by the Company. While
the record shows that certain of these persons perform supervisory
functions, we are satisfied that they are minor in nature and do not
require their exclusion. We shall include branch managers in, the
unit.
The A. F. L. and the Company agreed to exclude from the unit
as supervisory employees the chief operator in the traffic department;
the superintendent and the delivery manager in the comercial depart-
"Although messengers were at times referred to in the record as a class of employees
separate from employees in the commercial department , it appears that messengers are
within the commercial department . Accordingly , any reference herein to employees within
the commercial department as a group shall be construed to include messengers
'At the bearing the Company stated its position that all its employees throughout its
entire system coostltute an appropriate unit, but further stated that it did not contest the
propriety of a city-wide unit herein in the light of previous decisions of the Board in which
it was held that where, as here , no bona fide labor organization requests a baigaining unit
more extensive than a metropolitan area, to depri,e toe i,iupiu ee , , w
union organization has extended of the right to collective bargaining until such time as the
employees of the Company are organized on a Nation-,wide basis would in no way effectuate
the policies of the Act . Matter of The Western Union Telegraph Company , Inc and The
Commercial Telegraphers ' Union, 11 N . L. R B. 1154; Matter of The Western Union Teze-
graph Company and Commercial Teleyraplera Un,ou, Indianapolis Local 4# 7, II extern
Union Div #2, of with A F . of L, 17 N L R B 633; Matter o f Western Union
Telegraph Company and American Communications Association Local 51,-B, affiliated with'
the Congress of Industrial Organizations , 23 N. L . R B 824.
THE WESTERN UNION TELEGRAPH COMPANY 1185
meat ; and the maintenance foreman in the plant department. Under
the circumstances, we shall exclude these persons from the unit.
The A. F. L. would include within the unit and the Company
would exclude from the unit the following persons in the traffic
department. The assistant chief operator is in charge of automatic,
teleprinter, `and Morse operators and route clerks, numbering about
60 in all, and including five supervisors. He prepares force assign-
ments and schedules relief work and lunch periods for his sub-
ordinates. He has authority to discharge employees, although his
action in this regard is subject to review by the chief operator. We
shall exclude the assistant chief operator from the unit. The early
night chief operator is in charge of the traffic department from 4:00
p. m. to midnight, during which period there are about 25 employees
under his supervision: He reports on all matters arising during
his hours of work to the chief operator. He has authority to dis-
cipline employees for misconduct by temporary suspension, or by
discharge, subject to review of such action by the chief operator.
He also has authority to select extra help from a prepared roster
of employees if in his opinion the volume of work requires such
assistance. We shall exclude the early night chief operator from
the unit. The late night chief operator is in charge of the traffic
department from midnight to 8: 00 a. m., during which period he
normally has two subordinates, and on two nights each week he is
in charge of the traffic department from 4: 00 p. m. to midnight,
during which period he has about 25 subordinates. He has the same
degree of authority over his subordinates as the early night chief
operator has over the persons working under him. We shall exclude
the late night chief operator from the unit. The telephone super-
visor is in charge of the telephone bureau, a unit of the traffic de-
partment. There are 12 employees in this unit, 10 of whom are at
work during the telephone supervisor's tour of duty. The telephone
supervisor assigns tours of duty to all telephone bureau employees,
schedules their lunch periods, assists in the 'selection of persons for
employment, has authority to recommend the discharge of employees,
has authority to discipline employees, has authority to grant short
leaves of absence, and consults with the chief operator in fixing
vacation periods for her subordinates. Her salary is at least one-
third higher than that of the most highly paid telephone operator.
We shall exclude the telephone supervisor from the unit. The
clerical supervisor is in charge of the "statistical department," in
which all statistical and clerical work for the traffic department is
performed. _ She has charge of all confidential records, including
pay roll's and other employment records. She. supervises the work
of two clerks, and has authority to recommend hiring and discharge.,
We shall exclude the clerical supervisor from the unit. The wire
1186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
chief is in charge of the maintenance of the test board, repeaters, and
office equipment. He has four or five subordinates, whom he assigns
to their tours of duty, and has authority to recommend hiring and
discharging. His salary is approximately 10 per cent more than that
of his subordinates. We shall exclude the wire chief from the unit.
The automatic chief maintains the automatic multiplex and tele-
printer machines. He has one subordinate. The chief operator
testified that "his supervisory functions are very limited." We shall
include the automatic chief within the unit.
The A. F. L. would include within the unit and the Company
would exclude from the unit the following employees in the com-
mercial department. The sales manager is in charge of all solicita-
tion and advertising for the Company at Syracuse. While he does
not have any persons regularly under his immediate supervision,
he supervises, and reports to the superintendent on, the sales work
of employees who deal with the public, and makes recommendations
in this regard, such as the assignment of clerks to particular posi-
tions where sales work is involved. We shall exclude the sales man-
ager from the unit. The chief clerk or office manager is the
superintendent's "closest assistant," and is in charge of the office in
the superintendent's absence. She is "in control" of all confidential
records, draws up all department force assignments, inspects daily
branch office records and reports any deviation from proper practice
therein to the superintendent, and directs the work of clerks "to a
large extent." She has authority to consider minor employee griev-
ances, and her recommendations regarding hire or discharge of
employees "would be given consideration." We shall exclude the
chief clerk from the unit. The revenue accounting center manager
is in'charge of 'the accounting department, the division of the com-
mercial department in which all accounting and auditing for the
Company in Syracuse is performed. The accounting department
is located in an office separate from that of other employees. Said
manager assigns work to, and supervises the work of, three clerks.
She has authority to recommend the hiring and discharging of.em-
ployees, and is consulted by the superintendent in regard to hiring
employees for work in the accounting department. We shall exclude
the revenue accounting center manager from-the unit. The cashier
is in charge of the receipt, deposit, and disbursement of money at
the Syracuse office, and in this connection has access to Company
records. He is authorized to sign Company checks and is bonded.
He has one subordinate. We are of the opinion that the cashier
has no supervisory or confidential duties which require his exclu-
sion. He shall be included in the unit. The night delivery manager
is in charge of the commercial department office from 4:00 p. in. to
THE WESTERN UNION TELEGRAPH COMPANY 1187
midnight. While it appears that there are clerks and messengers
under his supervision, it further appears that he spends most of his
time performing clerical work, and that his authority regarding the
hire or discharge of employees is limited to the right to, discharge
a messenger for violation of a rule of the Company during his tour
of work. We shall include the night delivery manager in the unit.
The A. F. L. would include within the unit employees listed on
the pay roll as regular messengers and errand service messenger, but
would exclude messengers who work Saturday and Sunday only,
messengers who work after school, and extra emergency messengers.
The record shows that the messengers who are employed on Satur-
days and Sundays only or after school each day work regularly during'
these periods, perform the same type of work as regular messengers,
and have been on the pay roll for "some length of time.` We shall
include regular messengers, the errand service messenger, messengers
who work Saturday and Sunday only, and messengers who work
after school in the unit. As regards extra emergency messengers,
the record shows that they were hired to deliver messages by auto-
mobile' during the winter months, and that they will be dismissed
"as soon as the snow disappears." We shall exclude extra emergency
messengers from the unit.
We find that all employees of the Company at Syracuse, Nev York,
in the traffic department, commercial department (including messen-
gers), and plant department, excluding the chief operator, the
assistant chief operator, early night chief operator, late night chief
operator, telephone supervisor, clerical supervisor, and wire chief, in
the traffic department; the superintendent, delivery manager, sales
manager, chief clerk, revenue accounting center manager, and extra
emergency messengers, in the commercial department; and the
maintenance foreman in the plant department, constitute a unit
appropriate for the purposes, of collective bargaining, and that said
unit will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
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 an election by secret ballot.5
'The A C. A. stated in its memorandum that it desires that no election be held until
such time as pending charges filed by the C I U., alleging that the Company dominated or
interfered with the formation or administration of the Guild, are disposed of Inasmuch
as the A. C. A. does not claim to represent any employees of the Company at Syracuse and
does not request that its name appear upon the ballot in the event that an election is
directed herein, and since the Guild, although served , did not appear at the hearing and
made no showing of designation or authorization to represent employees at Syracuse we
overrule the A. C. A 's contention
440135-42-Vol 30--70
1188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
There, are 16 temporary employees listed on the traffic department
pay roll which was introduced in evidence at the hearing. The A. F. L.
would exclude these persons from participation in the election. While
the chief operator testified that they were employed because of a sud-
den increase in volume of business, he further testified that they may
reasonably be expected to continue their employment if the volume of
business remains constant or increases. At the time of the hearing five
of these persons had been employed for more than 3 months. Under
these circumstances, we are of the opinion that they should be eligible
to participate in the election, and we shall direct accordingly. How-
ever, as regards one of these persons, M. N. Steves, the notation "0. E.
Emp." appearing after his name upon the pay roll indicates that he
is an "other employment employee," i. e., a person regularly employed
by an employer other than the Company, but who occasionally per-
forms work for the Company. If the Regional Director determines
that he is an "other employment employee" as above defined, he shall
not be eligible to vote in the election.
There is one temporary employee, Ruth C. Newman, a branch man-
ager, listed upon the commercial department pay roll. The' record
shows that she has been called for work at various times during a
period of about 6 months preceding the hearing. The superintendent
testified that "there is some likelihood that she may be engaged per-
manently." Accordingly, she shall be eligible to participate in the
election.
There also appears upon the pay roll the names of employees listed
as furloughed, absent because of illness, or "detailed to patron." It
appears that these persons are considered as employees by the Com-
pany and that they have a reasonable expectancy of returning to work.
They shall be eligible to vote.
We shall direct that an election be held among those employees
within the appropriate unit who were employed by the Company dur-
ing the pay-'roll period immediately preceding the date of the Direc-
tion of Election, subject to such limitations and additions as are set
forth in the Direction.
Upon the basis.of the above findings of fact and upon the entire rec-
ord 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,,
Syracuse, New York, within the meaning of Section 9 (c) and Section ,
,2 (6) and (7) of the National Labor Relations Act.
2. All employees of the Company at Syracuse, New York, in the
traffic department, commercial department (including messengers),
THE WESTERN UNION TELEGRAPH COMPANY 1189
and plant department, excluding the chief operator, assistant chief
operator, the early night chief operator, telephone supervisor, clerical
supervisor, and wire chief, in the traffic department; the superintend-
ent, delivery manager, sales manager, chief clerk, revenue accounting
center manager, and extra emergency messengers, in the commercial
department; and the maintenance foreman in the plant department,
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 ordered by the Board
to ascertain representatiies for the purposes of collective bargaining
with The Western Union Telegraph Company, Syracuse, New York,
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 of
Election, under the direction and supervision of the Regional Director
for the Third 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 the employees of the Company, at
Syracuse, New York, in the traffic department, commercial department
(including, messengers), and plant department, who were employed
during the pay-roll period immediately preceding the date of this
Direction, including temporary employees 6 in the traffic and commer-
cial departments, and further including employees who did not work
during such pay-roll period because they were ill or on vacation or on
furlough or detailed to patron or in the active military service or train-
ing of the United States or temporarily laid off, but excluding the chief
operator, assistant chief operator, early night chief operator, late night
chief operator, telephone supervisor, clerical supervisor, and wire chief,
in the traffic department; the superintendent, delivery manager, sales
manager, chief clerk, revenue accounting center manager, anil extra
emergency messengers, in the commercial department; and the mainte-
nance-foreman in the plant department, and further excluding employ-
ees who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by Western Union Federal
Local 22515, for the purposes of collective bargaining.
L
See Section VI, supra, with regard to M. N Staves, listed as "0. E. Emp "