The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Jun 25, 1942

41 N.L.R.B. 1257 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS UNION, LOCAL #112
Case No. R-3911.-Decided June 25, 194
Jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of question:
refusal to recognize petitioner until Board determined the appropriate bar-
gaining agency ; election necessary.
Unit Appropriate for Collective Bargaining : all commercial, traffic, and plant
department employees in the offices located in the Seventh District of the Lake
Division of the Company, with specified inclusions and exclusions.
Mr. E. C. Ziesel, of Chicago, Ill., for the Company.
Mr. J. A. Payne, of Kansas City, Mo., for the C. T. U.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Commerical Telegraphers Union,
Local #112, herein called the CTU, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Western Union Telegraph Company, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Robert S. Fousek, Trial - Examiner.
Said hearing was held at Kansas City, Missouri, on June 2, 1942.
The Company and the CTU appeared and participated.:' All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
On June 9, 1942, the CTU filed a memorandum which the Board
has -considered.
Upon -the entire record in the case,,the Board makes the following :
1 American Communications Association , although served with notice, did not appear.
41 N. L. R. B.- ,,No. 232.
1257
1258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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, inter-
state, and international communications. In the operation of its
national and international communications system, the Company owns
and/or operates 210,311 miles of pole lines, 4,082 miles of land line
cable, 1,878,197 miles of wire, 30,312 nautical miles of ocean cable,
and 19,140 telegraph offices. At the close of 1941, the Company em-
ployed approximately 52,000 persons. We are here concerned with
the Seventh District of the Lake Division of the Company, compris-
ing the States of Iowa and Nebraska.
II. THE ORGANIZATION INVOLVED
Commercial Telegraphers Union, Local #112, is a labor organiza-
tion affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the CTU as exclusive repre-
sentative of its employees until such time as the Board determines
the appropriate bargaining agency or agencies.
A statement of a Field Examiner of the Board, introduced into
evidence during the hearing, indicates that the CTU represents a
substantial number of employees in the unit hereinafter found to be
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
.Relations Act.
IV. THE APPROPRIATE UNIT
All parties agree, and we find, that commercial, traffic, and plant
department employees in the Seventh District of the Lake'-Division
,of the Company, constitute a ,unit appropriate for the purposes of
collective bargaining.
2 The Field Examiner reported that the CTU presented an authorization petition con-
taining apparently genuine signatures of 119 persons whose names appear on the Com-
pany's pay roll of May 1, 1942 . There are approximately 380 employees in the unit
hereinafter found to be appropriate.
THE WESTERN UNION TELEGRAPH COMPANY 1259
All parties further agree, and we find, that employees in divisional
cities, district superintendent, district sales managers, chief clerk to
district superintendent, chief operators and managers at functional
offices, the early night operator at Cedar Rapids, temporary em-
ployees, messengers engaged exclusively in errand and distribution
services, and floating gangs, should be excluded from the unit.
Questions arose at the hearing with respect to the disposition to be
made of managers of non-functional offices, confidential clerk at
Cedar Rapids, and late night chief operator at Cedar Rapids. The
Company urges that all such employees be excluded from the unit
and the CTU that they be included.
Managers: These employees are managers of the non-functional
'district offices throughout the Seventh District of the Lake Division
of the Company. The Company asks that these employees who have
10 or more persons in their offices be excluded on the ground that
they represent the management. Although it appears that managers
have some authority over as many as 16 employees they, as well as
the other employees at the district offices, are under the supervision
of a district superintendent. We find that all managers of non-
functional district offices in the Seventh District of the Lake Division
of the Company should be included in the unit.
Confidential clerk at Cedar Rapids: This employee is a time clerk
and also acts as confidential secretary to the chief operator. This
employee handles all correspondence dealing with disciplinary action
and maintains the disciplinary records. We shall exclude her from
the unit.
Late night chief operator at Cedar Rapids: This employee works
by himself most of the time but on occasion has two persons working
with him. It does not appear from the record that his duties are
supervisory or confidential. We shall include him in the unit.
We find that all commercial, traffic, and plant department em-
ployees in the offices located in the Seventh District of the Lake
Division of the Company, including managers at non-functional
offices and late night chief operator at Cedar Rapids, but excluding
district superintendent, district sales managers, chief clerk to district
superintendent, managers and chief operators at functional offices,
employees in divisional cities, early night operator at Cedar Rapids,
confidential clerk at Cedar Rapids, temporary employees, messengers
employed exclusively in errand and distribution services, and floating
gangs, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
.has arisen be resolved by an election by secret ballot among the
1260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees 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. -
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 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
DiRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with The Western
Union Telegraph Company, an election by secret ballot shall be con-
'ducted 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 the
employees in the unit found appropriate in Section IV above; who
were employed during the pay-roll period immediately preceding the
date of this Direction, including any such 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 any who have since quit or
been discharged for cause, to determine whether or not they desire
to be represented by Commercial Telegraphers Union, Local #112,
affiliated with the 'A-meircaii Federation of Labor, for the purposes
,of collective bargaining.