Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Mar 29, 1941

30 N.L.R.B. 720 (N.L.R.B. 1941)

In the Matter Of WESTERN UNION TELEGRAPH COMPANY and SPRING-
FIELD LOCAL NUMBER 51, WESTERN UNION DIVISION No. 2, COM-
MERCIAL TELEGRAPHERS ' UNION, AFFILIATED WITH THE A. F. OF L.
Case No.-B-2352.-Decided March 09, 1941
Jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord union recognition ; election necessary. ,
Unit Appropriate for Collective Bargaining : all employees working in the plant
traffic, and commercial departments of the Company at Springfield, Illinois,
excluding supervisory employees.
Mr. E. R. Riddle, of Chicago, Ill., for the Company.
Mr. TTV. L. Allen, of Chicago, Ill., and Mr. Wilbur Graham, of
Springfield, Ill., for the C. T. U.
Mr. Dominic C. Cardimone, of Chicago, Ill., for the A. C. A.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND .
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 6, 1941, Springfield Local Number 51, Western Union
Division No. 2, Commercial Telegraphers' Union, affiliated with the
A. F. of L., herein called the C. T. U., filed with the Regional Di-
rector for the Thirteenth Region (Chicago, Illinois) a petition al-
leging that a question affecting commerce had arisen concerning the
representation of employees of The Western Union Telegraph Com-
pany, Springfield, Illinois, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On February 14, 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
investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.'
30 N. L. R. B., No. 112.
720
WESTERN UNION TELEGRAPH COMPANY 721
On February 18, 1941,' the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
C. T. U., and upon American Communications Association, herein
called the A. C. A. Pursuant to notice, a hearing was held on
February 26, 1941, at Springfield, Illinois, before Charles F.
McErlean, the Trial Examiner duly designated by the Chief Trial
Examiner. The Company, the C. T. U., and the A. C. A. appeared
by their representatives and participated in the hearing. At the
commencement of the hearing the Trial Examiner granted a motion
of the A. C. A. to intervene in these proceedings. Full opportunity
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 the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
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 in
the receiving and transmission by telegraph and cable of intrastate,
interstate, and international communications throughout the United
States and in various foreign countries. In the operation of its
national and international communication system the Company owns
and/or operates 211,530 miles of pole' lines, 4,070 miles of land line
cable, 1,776,876 miles of wire, 30,324 nautical miles of ocean cable,
and 19,543 telegraph offices. At the close of 1939 the Company em-
ployed approximately 44,300 employees. The Company operates a
telegraph office at Springfield, Illinois, with which we are here con-
cerned. The Company admits that it is engaged in commerce within
the meaning of Section 2 (6) and (7) of the Act.
H. THE ORGANIZATIONS INVOLVED
Springfield Local Number 51, Western Union Division No. 2,
Commercial Telegraphers' Union, is a labor organization affiliated
with the American Federation of Labor. It admits to membership
employees at the Springfield, Illinois, office of the Company.
American Communications Association is a labor organization
affiliated with the Congress of Industrial Organizations. It admits
to membership employees of the Company.
722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On November 16, 1940, the C. T. U., claiming to represent a
majority of the employees at the Springfield, Illinois, office of the
Company, requested the Company to meet and negotiate with it as
sole collective bargaining agent for such employees. On December
11, 1940, the Company replied, -suggesting that the C. T. U. refer
its request to the Board. A statement of the Regional Director in-
troduced in evidence at the hearing shows that the C. T. U. represents
a substantial number of employees in the unit alleged by it to be
appropriate.'
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.
N
V. THE APPROPRIATE UNIT
The C. T. U. and , the A. C. A. agreed at the hearing that all
employees working in the plant, traffic, and commercial departments
of the Company at Springfield, Illinois, excluding supervisory em-
ployees, constitute an appropriate bargaining unit., The Company
stated that its entire nation-wide system is an appropriate unit, but
that it would adjust itself to; any' unit found, to be appropriate by
the Board. The C. T. U., the A. C. A., and the Company are in
disagreement as to the status of two named employees.2
2 The Regional Director 's statement shows that 35 employees whose names appear on the
Company's pay roll of January 25, 1941, have applied for membership in the C. T. U. All
of the applications were signed after September - 24, 1940 There are approximately 53
employees on the January 25 ,' 1941, pay roll
2 Although the A. C. A. made no claim or showing of designation by employees at Spring-
field , it was permitted to intervene because the A. C A has representation among em-
ployees of the Company in other cities ; the A. C A and the C T U, as well as the Com-
pany , are apparently in agreement that a nation -wide unit of employees of the Company
may in the future be appropriate ; and the A. C . A has considered such intervention neces-
sary in order to protect its interests in the composition of the nation -wide, unit. The
Board's appropriate -unit finding depends , of course , " in each case ," ( Section 9 (b)),
upon the rccoi d then before it. Thus, in the instant case , the Board determines the In-
clusions in and exclusions from the Springfield unit upon all the facts in the present record,
including the fact that no Springfield employees have designated the A C. A (Cf.
Matter of Western Union Telegraph Company and American Communications Association,
WESTERN UNION TELEGRAPH COMPANY 723
C. F. Brenner is classified by the Company as wire chief. The
A. C. A. contends that he should be excluded from the unit on the
ground that he is a supervisory-employee, and the C. T. U. and the
Company desire that he be included in the unit. It appears from
the evidence that Brenner spends most of his time as an ordinary
Morse'operator and that he acts as wire chief only-about 1 month
annually. We find that Brenner should be included in the unit.
Wilbur Graham is classified by the Company as chief delivery
clerk.. The A. C. A. desires that he be excluded from the unit on
the ground that he' is a supervisory employee. The C. T.= U., con=
tends `that he should be included in the 'unit, and the Company
stated that it took no position with- respect to Graham. The evi-
dence shows that although Graham might exercise some supervision
over the messengers employed by the Company, he is directly under
the supervision of the office manager who is present at all times and
that therefore it is not necessary for Graham to make any recom-
mendations or take any disciplinary measures himself.3 We find
that Graham should be included in the unit.
We find that all' employees working in the plant, traffic, and com-
mercial departments of the Company at Springfield, Illinois, ex-
cluding supervisory employees,4 - constitute a unit appropriate for
the purposes of collective bargaining and 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 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. The
C. T. U. and the A. C. A. stated that they desire that a pay roll
Local 51,B, affiliated with the Congress of Industrial Organizations, 23 N. L R B 824 )
Similarly, the instant findings as to the metropolitan unit will not determine the propriety
and composition of a nation-wide unit in any subsequent proceeding , since the decision
therein will necessarily depend on all the facts in'the record then before us.
3 The C. T. U. ' stated that in a large city , the chief delivery clerk should perhaps be
excluded from the appropriate unit but that in a city the size of ' Springfield , Illinois, it
could see no justification for excluding such an employee
* The Trial Examiner stated during the hearing that J. If . Hoffman, section lineman, in
addition to performing work for the Company , performs work for the Alton Railroad
through a contract arras ement , and that after discussing the amount of work he does
for each, the parties agreed that he should be excluded from the appropriate unit. How-
eber, after the close of the hearing the Company notified the Board by letter that Hoffman
is a regular employee of the Company and that his %iages are paid in their entirety by it.
It further stated that such work as he performs for the Alton Railroad is charged to the
Alton Railroad and is paid by it to the Company. We shall treat the Company 's letter
as a motion to correct the record accordingly and shall defer ruling on Hoffman 's eligibility
to vote. Hoffman may present himself to vote subject to challenge and if challenged
the Board will decide the issue of his eligibility upon such challenge
440135-42-Vol 30--4 i
724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
immediately preceding the date of the Direction of Election be used
to determine eligibility to vote. The Company stated that it would
also suggest this pay roll. We find that the employees of the Com-
pany eligible to vote in the election shall be those employees in the
appropriate' unit who were employed during the pay-roll period
immediately preceding the Direction of Election herein, subject to
such limitations and additions as are set forth in our Direction here-
inafter.
Upon the basis of the above findings of fact and upon the entire I
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,
Springfield, Illinois, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All employees working in the plant, traffic, and commercial
departments of the Company at Springfield, Illinois, excluding super-
visory employees, 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
DIREcrED that, as part of the investigation authorized by the Board-
to ascertain representatives for the purposes of collective bargain-
ing with,The Western Union Telegraph Company, Springfield, Illi=
nois, an election by secret ballot shall be conducted as early as pos
sible, but not later than thirty (30) days from the date of this
Direction, under the direction and supervision of the Regional Di-'
rector for the Thirteenth Region, acting in this matter as agent for
the National Labor Relations Board and subject to Article III, Sec-
tion 9, of said Rules and Regulations, among all employees working
in the plant, traffic, and commercial departments of the Company at
Springfield, Illinois, who were employed during the pay-roll period
immediately preceding the date of this Direction, including em-
ployees who did not work during such pay-roll'period'because they were
ill or on vacation or absent because called for military service and
I
WESTERN UNION TELEGRAPH COMPANY 725
employees who were then or have since been temporarily laid off, but
excluding supervisory employees and employees who have since quit
or been discharged for cause, to determine whether or not they
desire to- be represented by Springfield Local Number 51, Western
Union Division, No. 2, Commercial Telegraphers' Union, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining.
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