Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Sep 8, 1941

35 N.L.R.B. 277 (N.L.R.B. 1941)

In the Matter of WESTERN UNION TELEGRAPH COMPANY and FEDERAL
LOCAL 22490 OF WESTERN UNION ORGANIZING COUNCIL OF A. F. OF L.
FEDERAL LABOR UNIONS AND C . T. U. LocALs
In the Matter Of WESTERN UNION TELEGRAPH COMPANY , SPRINGFIELD,
MASS. and FEDERAL LABOR UNION #22672-WESTERN UNION ORGAN-
IZING COUNCIL OF A. F . OF L. FEDERAL LABOR UNIONS AND C. T. U.
LOCALS
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and THE
COMMUNICATIONS GUILD
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and THE
COMMUNICATIONS GUILD
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and THE
COMMUNICATIONS GUILD
Cases Nos. R-2820 to R-f824, inclusive.Decided September 8, 1941
Jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of question : stip-
ulated ; in accordance with desires of the parties :, temporary employees,
students , and employees on furlough held eligible ,to vote and "other employ-
ment" employees held ineligible to vote ; labor organization which made no
showing of designation of employees not accorded a place on the ballot;
elections necessary.
Units Appropriate for Collective Bargaining : separate units : employees in the
commercial , traffic, plant, accounting, and stores departments in Metropolitan
Boston , Massachusetts , with certain exclusions ; employees in the commercial,
traffic, and plant departments in each of the following cities: Springfield and
Worcester , Massachusetts , and Providence , Rhode Island ( including the Paw-
tucket branch ), with certain exclusions and inclusions.
Mr. David E. Krueger, of New York City, for the Company.
Mr. Henry H. Silverman, of New York City, for the A. F. of L.
Mr. Herman E. Cooper, of New York City, for the Guild.
Mr. Sidney Fox, of New York City, for the A. C. A.
Mr. Gilbert V. Rosenberg, of counsel to the Board.
277
35 N. L. R. B., No. 56.
278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On April 4, 1941, the American Federation of Labor, acting on be-
half of Federal Local 22490 of Western Union Organizing Council of
A. F. of L. Federal Labor Unions and C. T. U. Locals, and on April
29, 1941, the Communications Guild, I herein called the Guild, filed
with the Regional Director for the First Region (Boston, Massa-
chusetts) petitions alleging that a question affecting commerce had
arisen concerning the representation of employees of Western Union
Telegraph Company, herein called the Company. employed at Boston,
Massachusetts, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act.
On April 21, 1941, the American Federation of Labor, acting on
behalf of Federal Labor Union #22672 of Western Union Organizing
Council of A. F. of L. Federal Labor Unions, C. T. U. Locals, filed
with the Regional Director a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of the
Company at Springfield, Massachusetts, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the Act. The American Federation of Labor and its affiliates are
herein collectively referred to as the A. F. of L.
On May 12, 1941, the Guild filed' petitions with the Regional Direc-
tor alleging that questions affecting commerce had arisen concerning
the representation of employees of the Company at Worcester, Massa-
chusetts,' and Providence, Rhode Island,2 and requesting investiga-
tions and certifications of representatives pursuant to Section 9 (c)
of the Act.
On June 30,11941, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article III,
Section 3, and Section 10 (c) (2), 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 on due notice, and further ordered that the
above cases be consolidated.
'The original petition alleged that employees in the entire State of Massachusetts
exclusive of Boston constituted an appropriate unit. However, at the hearing the petition
was amended to allege that employees in the city of Worcester , Massachusetts , constitute
an appropriate unit.
8 The original petition alleged that employees in the State of Rhode Island constituted
an appropriate unit. However , at the hearing the petition was amended to allege that
employees in the city of Providence , Rhode Island , constitute an appropriate unit.
W,EISIPFIRN UNION 'MLEGR'A:PH COMPANY 279
On July 9 and July 18, 1941, respectively, the Regional Director
issued a notice of hearing and an amended notice of hearing, copies
of which were duly served upon the Company, the A. F. of L., the
Guild, and American Communications Association, herein called the
A. C. A., a labor organization claiming to represent employees directly
affected by the investigation. Pursuant to notice, a hearing was held
on July 30, 1941, at Boston, Massachusetts, before William S. Gordon,
the Trial Examiner duly designated by the Chief Trial Examiner. The
Company, the A. F. of L., the Guild, and the A. C. A. were represented
by counsel and participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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 prejudi-
cial 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
Western Union Telegraph Company, a' New York corporation
with its principal office in New York City, is engaged throughout
the United States and in foreign countries in the receipt and trans-
mission by telegraph and cable of intrastate, interstate, and inter-
national communications. In the operation of its national and
international communications system the Company owns and/or op-
erates 211,530 miles of pole lines, 4,070 miles of land line cables,
1,776,876 miles of wire, 30,324 nautical miles of ocean cable and
19,543 telegraph offices. The present proceeding concerns approxi-
mately 1.200 employees of the Company working in and about Boston,
Massachusetts; approximately 71 employees at Springfield, Massachu-
setts; approximately 65 employees at Worcester, Massachusetts;
and approximately 136 employees at Providence, Rhode Island.
The Company admits that it is engaged in commerce within the
meaning of the Act.
II. THE LABOR ORGANIZATIONS INVOLVED
Federal Labor Union #22490 and Federal Labor Union #22672
of Western Union Organizing Council of A. F. of L. Federal Labor
Unions and C. T. U. Locals, are labor organizations affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Communications Guild is an unaffiliated labor organization, ad-
mitting to membership employees of the Company.
American Communications Association is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
At the hearing the parties stipulated that one or more of the
petitioning unions has requested exclusive recognition as collective
bargaining representative of the employees in each of the cities
involved in this proceeding, and that the Company refuses to accord
such recognition until representatives are certified by the Board.
The Guild and the A. F. of L. further stipulated that each had
a substantial interest with respect to representation in the units
involved in this proceeding to warrant a designation of each on
the ballot if an election is ordered by the Board. The Company
raised no objection to this stipulation. The A. C. A. made no show-
ing of designations by employees in the cities involved in this
proceeding.
We find that questions have arisen concerning the representation
of the employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen , occurring in connection with the operations of the Company
described in Section I above, have a close , intimate, and substantial
relation to trade , traffic, and commerce among the several States
and with foreign countries and tend to lead to labor disputes burden-
ing and obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNITS
A. The Boston Unit
The A. F. of L., the Guild, and the A. C. A. agree that the
unit appropriate for collective bargaining should be confined to
employees of the Company at Metropolitan Boston, Massachusetts.8
No reason appears to warrant a departure from the unit agreed
to by the parties. We find that a collective bargaining unit limited
to employees in Metropolitan Boston is appropriate.
'This area includes Boston, Babson Park, Cambridge . Chelsea, Brookline, Malden,
Newton, Quincy , Wellesley , Waltham, and Hingham.
WESTERN UNION TELEGRAPH COMPANY 281
The A. F. of L. and the Guild agree that the unit should include
employees in the commercial, traffic, plant, accounting, stores, and
district superintendent's departments. The A. C. A. opposes the in-
clusion of employees in the district superintendent's department./
The district superintendent's department is one of several depart-
ments of the Company's business organization, with headquarters
at Boston, and operates in Maine, New Hampshire, Vermont, Massa-
chusetts, and Rhode Island exclusive of the area covered by the
divisional offices. Throughout this area the work of the district
superintendent's department is similar to the function of the Boston
commercial department. The nine employees at Boston in the district
superintendent's department perform no work for the commercial
department at Boston and transfers of employees between these
departments rarely occur. In accordance with our rulings in the
Pittsburgh and Philadelphia cases,4 we shall exclude employees in
the district superintendent's office from the appropriate unit.
Questions arose at the hearing concerning the exclusion of cer-
tain supervisory employees from the appropriate unit. We shall
consider these exclusions by departments.
Commercial Department
All labor organizations agree , and we find, that the superintendent,
chief,clerk , city commercial manager , sales manager , delivery manager,
assistant delivery manager, night delivery manager, personnel de-
livery clerk , cashier, and personal secretary to the superintendent
should be excluded from this unit.
Traffic Department
All labor organizations agree, and we find, that the traffic manager,
night traffic managers, assistant chief operators, chief clerk, senior
supervisors, restaurant manager, testing and regulating chief, night
regulating chief, wire chief, night wire chief, automatic chief, re-
peater chief, and personal secretary to the traffic manager, should be
excluded from the unit.
The A. C. A. would also exclude the automatic, telephone, tele-
printer, service, route, and recorder supervisors, and the automatic
monitor. The A. F. of L. and the Guild oppose these exclusions. It
appears that all these supervisors have substantially the same
authority, in their respective departments, to assign and distribute
* Matter of Western Union Telegraph Company and American Federation of Labor,
International Telegraphers Union, 30 N. L. R B. 1169, herein called the Pittsburgh
case; and Matter of Western Union Telegraph Company and National Western Union
Council of A. F of L. Federal Unsons and C. T. U. Locals, 31 N. L. R. B. 060, herein
called the Philadelphia case.
282 ' DECISIONS,OF NATIONAL LABOR RELATIONS BOARD
work to employees under them and to recommend discipline; and
that the automatic monitor reports on the quality of work performed
by employees in her department.' We have customarily excluded
the above employees in other cases s and under the circumstances we
shall exclude them in this instance.
Plant Department
All labor organizations agree, and we find, that the maintenance
foremen, city foremen, building supervisor, head janitor, equipment
supervisor, the building engineer, and the equipment foreman should
be excluded from the unit. The A. C. A. would also exclude the
teleprinter maintenance supervisor as a supervisory employee. Since
it appears from his title that the teleprinter maintenance supervisor
exercises the same degree of supervision as other supervisors whom
we have excluded from the unit we shall also exclude him.
Accounting Department
All labor organizations agreeing, we shall exclude the accounting
center manager and the assistant accounting center manager. '
Stores Department
All labor organizations agreeing, we shall exclude the uniform
depot manager.
At the hearing a question also arose concerning the "Boston and
Albany linemen" and the "Cambridge gang" whom the Guild would
include in the Boston unit and the A. F. of L. would exclude from
any unit involved in this proceeding. The Company and the A. C. A.
made no contention,in this regard.
The Company employs 8 or 10 linemen to repair and maintain
its lines on the right-of-way of the Boston and Albany Railroad.
These men work out of Boston and receive assignments from the
general foreman at Boston but spend less than 10 per cent of their
time working in the Boston area. They are on the New York City
pay roll. The Company has another group of 10 employees who re-
port for work at Cambridge, doing construction and maintenance
work on the Company's lines located on the various railroads
throughout New England. Their immediate supervisor is located in
6 The parties stipulated that the findings of fact made in the Pittsburgh and Phila-
delphia cases concerning the duties of all contested classifications are applicable to this
proceeding . While the record supervisor was not involved in these prior cases there is no
indication that the duties of this employee are different from the duties of the other
supervisors involved.
6 See cases cited in footnote 4, supra.
WESTERN UNION TELEGRAPH COMPANY 283
New York and they are also on the New York City pay roll. The
percentage of their time spent in any area depends upon the require-
ments of the Company. For instance, during the past year more than
half their time was spent on work within the Boston area, while
during the preceding year only about one-third of their time was
spent in that area. Under all the circumstances, we shall exclude
both groups of employees from the unit.
We find that the employees of the Company working in Metro-
politan Boston in the commercial, traffic, plant, accounting, and
stores departments, excluding the "Cambridge gang," the Boston
and Albany linemen, and the employees whose exclusions we have
indicated above and whose positions are, for convenience, listed in
Appendix A, constitute a unit appropriate for the purposes of col-
lective 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.
B. The Springfield Unit
The A. F. of L., the Guild, and the A. C. A. agree, and we find,
that the employees of the Company working in the City of Spring-
field in the commercial, traffic, and plant departments constitute an
appropriate unit. They also agree, and we shall exclude from the
unit the superintendent, delivery manager, and chief bookkeeper in
the commercial department, and the chief operator; early night chief
operator, and telephone supervisor in the traffic department.
The A. C. A. would also exclude the teleprinter maintenance super-
visor in the plant department. We excluded this supervisor from
the Boston unit above, and under the circumstances we shall exclude
him in this instance.
The Guild desires to include, and the A. F. of L. to exclude,
one maintenance employee named Darling, employed as a trouble-
shooter between Pittsfield and West Bedford on its lines bordering
the Boston and Albany Railroad. Darling works out of Springfield
but is under the supervision of the general foreman at Boston.
Under the circumstances we shall exclude him from this unit.
We find that the employees of the Company working in the city
of Springfield in the commercial, traffic, and plant departments,
excluding Darling and the employees whose exclusions we have indi-
cated above and whose positions are for convenience listed in
Appendix B, constitute a unit appropriate for the purposes of col-
lective 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.
284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
C. The Worcester Unit
The A. F. of L., the Guild, and the A. C. A. agree, and we .find,
that the employees of the Company working at Worcester in the
commercial, traffic, and plant departments constitute an appropriate
unit. They also agree, and we shall exclude the manager and the
delivery manager in the commercial department, and the telephone
supervisor, chief operator, and early night chief operator in the
traffic department from the unit.
The Guild urges the inclusion, and the A. F. of L. the exclusion,
of 15 employees known as the "Framingham gang." This group of
15 employees works out of Framingham doing construction work on
the Company's lines throughout New England. Like the Cambridge
linemen, the time spent by these employees in any area depends
upon the requirements of the Company. During the past year they
spent very little time on work in Worcester although they will be
working in and out of Worcester on a new construction project in
the near future. Under all the circumstances we shall exclude these
employees from the Worcester unit.
We find that the employees of the Company working in the city
of Worcester in the commercial, traffic, and plant departments,
excluding the "Framingham gang" and the employees whose exclu-
sions we have indicated above and whose positions are for conven-
ience listed in -Appendix C, 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. .
D. The Providence Unit
The A. F. of L., the Guild, and the A. C. A. agree, and we find,
that the employees of the Company working at Providence (includ-
ing the Pawtucket branch) in the commercial, traffic, and plant
departments constitute an appropriate unit. They also agree, and
we shall exclude from the unit, the superintendent, delivery man-
ager, chief bookkeeper, and sales manager in the commercial depart-
ment, and the telephone supervisor, chief operator, and early night
chief operator in the traffic department.
The A. C. A. would also exclude, and the Guild and the A. F. of L.
would include in the unit, the late night chief operator, service
supervisor, automatic supervisor, teleprinter supervisor, and assist-
ant wire chief in the traffic department. We have found above that
persons classified as supervisors should be excluded from a city-wide
WESTERN UNION TELEGRAPH COMPANY 285
unit.? While the record is not entirely clear, we are of the opinion
that the assistant wire chief exercises sufficient supervision over the
other employees in his department to warrant his exclusion from the
unit. The Company admits that the night chief operators represent
the management and desire their exclusion from the unit. Appar-
ently, the only difference between the early night chief operator,
whom all parties agree to exclude, and the late night chief operator
is their time of duty and the number of persons they supervise.
Under the circumstances we shall exclude all the above employees.
We find that the employees of the Company at Providence (includ-
ing the Pawtucket branch) in the commercial, traffic, and plant
departments, excluding the employees whose exclusions we have
indicated above and. whose positions are for convenience listed in
Appendix D, constitute a unit appropriate for the purposes of col-
lective 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 questions concerning representation which have
arisen can best be resolved by elections by secret ballot. Inasmuch
as the A. C. A. made no showing of having been selected as repre-
sentative by any employees of the Company in the units heretofore
found appropriate and did not request to participate in the elections,
we shall not place its name on the ballot. The Guild and the A. F.
of L. stipulated that temporary employees, students, and employees
on furlough should be eligible to participate in the elections. No
objections were made to this stipulation. All parties agreed that
"other employment" employees should- be ineligible.to participate
in the elections. The- record -shows that "other employment"
employees are persons who work occasionally for the Company on
temporary assignments and also have employment with other
employers who have first call, on their services. We see no reason
to depart from the desires of the parties in this regard.
All parties agreed that a current pay roll should be used to deter-
mine eligibility. We shall direct that the employees eligible to vote
in the elections shall be those in the appropriate units who were
employed during the pay-roll period immediately preceding the date
of this Direction, subject to such limitations and additions as are
set forth in the Direction.
? See footnote S, supra.
286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Western Union Telegraph Company at
Boston, Massachusetts, Springfield, Massachusetts, Worcester, Mas-
sachusetts, and Providence, Rhode Island, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. The employees of the Company working in Metropolitan Boston
in the commercial, traffic, plant, accounting, and stores departments,
excluding the "Cambridge gang," the Boston and Albany linemen, and
the employees occupying the positions listed in Appendix A, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
3. The employees of the Company working in Springfield in the
commercial, traffic, and plant departments, excluding Darling, and the
employees occupying the positions listed in Appendix B, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the National Labor Relations Act.
4. The employees of the Company working in Worcester in the com-
mercial, traffic, and plant departments, excluding the "Framingham
gang" and the employees occupying the positions listed in Appendix C,
constitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
5. The employees of the Company working in Providence (includ-
ing the Pawtucket branch) in the commercial, traffic, and plant depart-
ments, excluding the employees occupying, the positions listed in
Appendix D, constitute a unit appropriate for the purposes of collec-
tive bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the authority 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
WESTERN UNION TELEGRAPH COMPANY 287
with Western Union Telegraph Company at Boston, Massachusetts ;
Springfield, Massachusetts; Worcester, Massachusetts; and Provi-
dence, Rhode Island, 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 First 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 following groups of em-
ployees of the Company, who were employed during the pay-roll period
immediately preceding the date of this Direction, including temporary
employees, students, 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, or on furlough, but excluding "other employment" employees and
employees who have since quit or been discharged for cause :
(1) Employees working in Metropolitan Boston in the commercial,
traffic, plant, accounting, and stores departments, excluding the "Cam-
bridge gang," the Boston and Albany linemen, and the employees
occupying the positions listed in Appendix A, attached hereto;
(2) Employees working in Springfield in the commercial, traffic,
and plant departments, excluding Darling and the employees occupy-
ing the positions listed in Appendix B, attached hereto;
(3) Employees working in Worcester in the commercial, traffic, and
plant departments, excluding the "Framingham gang" and the em-
ployees occupying the positions listed in Appendix C, attached hereto ;
(4) Employees working in Providence (including the Pawtucket
branch) in the commercial, traffic, and plant departments, excluding
the employees occupying the positions listed in Appendix D, attached
hereto ; to determine whether they desire to be represented by Com-
munications Guild, or by the American Federation of Labor, for the
purposes of collective bargaining, or by neither.
APPENDIX A
(The Boston Unit)
Commercial Department
Superintendent Night delivery manager
Chief clerk Personnel delivery clerk
City commercial manager Cashier
Sales manager Personal secretary to the super-
Delivery manager intendent
Assistant delivery manager
288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Traffic Department
Traffic manager
Night traffic managers
Assistant chief operators
Chief clerk
Senior supervisors
Restaurant manager
Testing and regulating chief
Automatic supervisors
Telephone supervisors
Teleprinter supervisors
Service supervisors
Route supervisors
Recorder supervisors
Automatic monitor
Night regulating chief
Wire chief
Night wire chief
Automatic chief
Repeater chief
Personal secretary to the traffic
manager
Plant Department
Maintenance foreman Building engineer
City foreman Equipment foreman
Building supervisor Teleprinter maintenance super-
Head janitor visor
Equipment supervisor
Accounting Department
Accounting center manager _ Assistant a c c o u.n t i n g center
manager
Stores Department
Uniform depot manager
Superintendent
Delivery manager
APPENDIX B
(The Springfield Unit)
Commercial Department
Chief bookkeeper
Traffic Department
Chief operator Telephone supervisor
Early night chief operator
Plant Department
Teleprinter maintenance super-
visor
WESTERN UNION TELEGRAPH COMPANY
APPENDIX C
(The Worcester Unit)
Commercial Department
Manager Delivery manager
Traffic Department
Chief operator Early night chief operator
't'elephone supervisor
APPENDIX D
(The Providence Unit)
Commercial Department
Superintendent Chief bookkeeper
Delivery manager Sales manager
Traffic Department
Chief operator Service supervisor
Early night chief operator Automatic supervisor
Late night chief operator Teleprint supervisor
Telephone supervisor Assistant wire chief
289