The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Sep 3, 1942

43 N.L.R.B. 931 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and Com-
MERCIAL TELEGRAIFHERS' UNION, A. F. OF L.
Ii the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMDIERCIAL TELEGRAPHERS' UNION, A. F. OF L.
Cases Nos. R-4178 and R-4179, respectively.-Decided September
3,.19 2
Jurisdiction : telegraph industry.,
Investigation and' Certification of Representatives : existence of questions: re-
fusal to accord any labor organization recognition until certified by the Board;
elections necessary -
Units Appropriate for Collective Bargaining : elections din ected, respectively,
among employees not covered by exclusive contracts in two of Company's
districts to determine whether or not such employees desired to be represented
by contracting petitioning union , in event employees voting should select
petitioning union, ;all employees in each respective district would constitute
a separate appropriate unit.
Mr. E.. C. Diesel, of Chicago, Ill., for the Company.
'Mr. W. ,L. Allen, of Washington, D. C., and Mr. H. G. Steinbrenner,
of Chicago, Ill., for the CTU.
Mr. Louis Colvin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Commercial Telegraphers' Union, A. F.
of L., herein called the CTU, alleging that questions affecting com-
merce had arisen concerning the representation of employees of The
Western Union Telegraph Company, herein called the Company, the
National Labor Relations Board consolidated the cases-and provided
for an appropriate hearing upon due notice before Robert E. Dickman,
Trial Examiner. ' Said • hearing was held at Chicago, Illinois, on
August 20, 1942. The. Company and the CTU appeared and par-
ticipated in the hearing? All ,parties were afforded full opportunity
'American Commnimcations Association was,served with notice but did not appear at
the hearing
43 N. L. R. B., No. 160.
931
932 DECISIONS OF NATIONAL-LABOR RELATIONS BOARD
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.
Upori 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 Js 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. In the operation of
its national and international communications system, the Company
owns and/or operates 210,311 miles of pole lines, 4,0E2 miles,of landline
cable, 1,878,197 miles of wire, 30,312 nautical miles of ocean cable,
and 19,140 telegraph offices. We are here concerned with the Second
and Third Districts of the Lake Division of the Company.
II. THE ORGANIZATION INVOLVED
Commercial Telegraphers' Union, is a labor organization affiliated'
with the American Federation of Labor, admitting to membership
employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company refuses to recognize any, labor organization as a
representative of its employees until such time as the Board determines
the appropriate bargaining agency or agencies. -
A statement of the Regional Director,, introduced into evidence
during the, hearing, indicates that the CTU represents a substantial
number of the employees in each of the units alleged by it to be
appropriate.2
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, *ithin the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.,
2 The Regional Director reported that the CTU presented 194 membership-application
'cards, bearing the names of persons who appear on the Company's pay roll of-July 20, 1942,
for the Second District of the Lake Division There are approximately 464 employees`
in the Second District unit alleged to be appropuate. The Regional Director further
reported that the CTU presented an additional 266 membership-application cards, bearing
the names of pei sons who appear on the Company's pay roll of July 20, 1942, for the Third
District of the Lake Division Theme are approximately 765 employees in the Third
District unit alleged to be appropriate
THE WESTERN UNION TELEGRAPH COMPANY
IV. THE APPROPRIATE UNIT
-' 933
The parties agree that' commercial, plant, and traffic department
employees in the Second District and in the Third District of the
Lake Division of the.Company constitute two units appropriate for
the purposes of collective bargaining.
The CTU has exclusive contracts covering the employees at the
Fort Wayne, Indiana, office of the Company located in the Second
District and the Springfield, Illinois, office of the Company located
in the Third District. These contracts expire on March 17 and Janu-
ary 26,. 1943, respectively. The Fort Wayne and Springfield offices
are designated by the. Company as functional offices and are of the
type usually included in district-wide units. However, inasmuch as
the employees at those offices are presently covered by exclusive con-
tracts between the. CTU and the Company, we shall not vote such
employees at this time. Elections will be held among the other em-
ployees in the Second and. Third Districts of the Lake Division to
determine whether or not they wish to be represented by the CIT..
On the results of these elections will depend,-in part, the-appropriate
units. If the remaining employees in the Second District select the
CTU -as their -bargaining representative, then all employees in the
Second District, including the employees at the Fort Wayne, Indiana,
office, will constitute a single appropriate unit. Likewise, if the re-
maining employees in the Third District select the CTU as their bar-
gaining representative, all employees in the Third District, including
employees at the Springfield, Illinois, office, will constitute a single
'appropriate unit. We shall make no final determination of the ap-
propriate units pending the elections to be directed below.
All parties agree, and we find, that employees in divisional cities,
the district superintendent, district managers, district sales managers,
chief clerks to district superintendent, chief operators, managers at
functional offices, confidential clerks to chief operators at functional
offices, temporary employees, temporary distribution messengers, and
floating gangs, should be excluded from voting in the-elections.
Managers: A question arose at the hearing with respect to the dis-'
position to be made of managers' of non-functional offices having 10,
or more employees. The Company urges-that all such employees be
excluded from the units on the ground that they represent the man-
agement ; the CTU urges that they be included. Although it appears
that managers do hay2 some authority, they and the other employees
of the district offices are under the supervision of a district superin-
tendent. In accordance' with, our usual practice, we find that, all
managers of non-functional district offices in the Second and Third
Districts of the Lake Division of the Company are eligible to vote
in the elections.
934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF I:EPRESEN TATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the -em-
ployees involved, who were employed by the Company, during the pay-
roll period or periods immediately preceding the date of the Direction'
of, Elections herein, subject to the limitations and additions set forth
in the Direction.
- DIRECTION OF ELECTIONS
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 Re-
lations Board Rules and Reguhitions-Series 2, as amended, it is
hereby -
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Western
Union Telegraph Company, separate -elections 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, -'t'hirteenth 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,
1. Among all commercial, plant, and traffic department employees
in the offices located in the Second District of the Lake Division of
the Company, who were employed during the pay-roll period or
periods immediately preceding the date of this Direction, including
managers at non-functional offices,, and 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 •excludingthe district superintendent, dis-'
-trict managers, district sales managers, chief clerks to district superin-
tendent, managers and chief operators at functional offices , employees
in divisional cities, confidential clerks to-chief operators at functional,
offices, temporary employees, temporary distribution messengers,
floating gangs, employees at Fort Wayne, Indiana, 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, affiliated with the American Federation of Labor, for the
purposes of collective bargaining;, and
2., Among all commercial, plant, and traffic department employees _
-din the offices located in the Third District of the Lake Division of the
THE WESTERN UNION TELEGRAPH COMPANY 935
Company, who were employed during the pay-roll period or periods
immediately preceding the date of this Direction, including man-
agers at non-functional offices, and employees who did not work dur-
ing such pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tem-
porarily laid off, but excluding the district superintendent, district
managers, district sales' managers, chief clerks to district superin-
tendent, managers and chief operators at functional offices, employees
in divisional cities, confidential clerks to chief operators at functional
offices,•temporary employees, temporary distribution messengers, float-
ing gangs, employees at Springfield, Illinois, 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,
affiliated with the American Federation of Labor, for the purposes of
,collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Elections. '