The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

May 16, 1942

41 N.L.R.B. 14 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
FEDERAL LABOR UNION #22671, CHATTANOOGA WORKS CHAPTER,
AFFILIATED WITH A. F. OF L.
Case No. R-3622 ' ` `
^ SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
May 16, 1942
On March 23; 1942, the National, Labor Relations- Board issued
a Decision and Direction of Election in the above-entitled proceed-
ings., On April 6, 1942, the Board issued an Amendment to Direc-
tion of Election.2 The Amendment provided that the name of the
labor organization to appear on the ballot should be "Telegraph
Employees Union," instead of "Federal Labor. Union #22671, Chat-
tanooga Works Chapter, A. F. of L.," as originally directed.' Pur-
suant to the Direction of Election, an election by secret ballot was
conducted on April 7, 1942, under the direction and supervision of
the Regional Director for the Tenth Region (Atlanta, Georgia).
Through inadvertence the change indicated in the Amendment was
not made. On April 10, 1942, the Regional Director, acting pursuant
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 ballots cast-------------------------------------------- 53
Total ballots challenged ------------------------------------- 0
Total void ballots------------------------------------------- 1
Total valid votes counted ------------------------------------ 52
Votes cast for Federal Labor Union #22671,' Chattanooga Works ,
Chapter, A. F. of L---------------------------------------- 47
Votes cast against aforesaid Union--------------------------- 5
' 39 N. L R B 1031
3 40 N . L. R B 220
It appears that Telegraph Employees Union , and not Federal Labor Union # 22671,
is the labor organization which represents employees at the Chattanooga Works of the
Company. Both are A. F. of L. affiliates
The Board will treat the results of the election as though the change in designation
indicated in the Amendment of April 6, 1942 , had been effectuated . See footnote 3, supra.
41 N. L. R. B, No 4
14
THE WESTERN UNION TELEGRAPH COMPANY 15
On April 13, 1942, Telegraph Employees Union, affiliated with the
American Federation of Labor, and The Western Union Telegraph
Company entered into a stipulation providing for the exclusion of
the confidential clerk to the superintendent, and shop foremen from
the appropriate unit in this proceeding. The Board hereby, approves
the stipulation and will exclude such: employees,, from the unit for
which the Union is certified below.'
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, 49 Stat. 449, and pursuant to Article III, Sections 8
and 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended.
IT Is HEREBY CERTIFIED that Telegraph Employees Union, affiliated
*With the American Federation of Labo"r, has been designated and se-
lected by a majority of all employee's at the Chattanooga Works of
The 'Western Union Telegraph Company excluding the superintend-
-ent; head clerk, yard foreman, shop foremen, and the confidential
clerk to the superintendent, as their representative for the purposes
of collective bargaining,'and that, pursuant to the provisions of Section
•9 (a) of the Act, Telegraph Employees Union, affiliated with the
American Federation of Labor, is the exclusive representative of all
such employees for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other
conditions of employment.
5 There are only five such employees at the Chattanooga Works of the Company. Thus,
in view of the overwhelming majority of votes received by the Union the result of the
election could not have been affected by their ballots