39 N.L.R.B. 560 (N.L.R.B. 1942)

Western Union Telegraph Co.

National Labor Relations Board - Board DecisionsMar 6, 1942

39 N.L.R.B. 560 (N.L.R.B. 1942)

In the Mdtter Of WESTERN UNION TELEGRAPH COMPANY and CoM- MERCIAL TELEGRAPHERS' UNION, LoCAI: 44'. Case No. R-3588.-Decided March 6, 1942 Investigation and Certification of Representatives : stipulation for certification on consent election. Mr. William ,111. Aicher, for the Board. Mr. Ralph H. Kimball, ,6f New York City, for the Company. Mr. T. J. Grifn, of Charlotte, N. C., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE, On November 12, 1941, Commercial Telegraphers' Union, Local 44, herein called the Union, filed with the Regional Director for the Fifth Region (Baltimore, Maryland) a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of The Western Union Telegraph Company, herein called the Company, engaged in the communications business at Charlotte, North Carolina, and requesting an investigation and certification, of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 13, 1942, 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. On February 6, 1942, the Company, the Union, and the Regional Director entered into a "STIPULATION FOR CERTIFICATION ON CONSENT ELECTION." ' Pursuant to the Stipulation, an election by secret ballot was con- ducted on February 18, 1942, under the direction and supervision of the Regional Director, among all employees at the Charlotte, North Carolina, office of the Company, including traffic, plant, and com- 39 N. L. R. B., No. 100. 560 WESTERN UNION TELEGRAPH COMPANY 561 mercial department employees and messengers,' but excluding traffic managers, assistant traffic managers, testing and regulating chief, automatic chief, chief clerk in traffic department, assistant chief operators, superintendent, delivery manager, supervisor of bookkeep- ing and accounting, commercial representative, confidential clerk to superintendent, cashier, chief, clerk in commercial department, city commercial manager, and city foreman, to determine whether or not said employees desire to be represented by the Union. On February 19, 1942,, the Regional Director issued and duly served upon the parties an Election Report on the ballot. No objections to the con- duct of the ballot or the Election Report have been filed by any of the parties. In his Election Report, the Regional Director reported as follows concerning the balloting and its results: Total number of eligible voters---------------------------- 203 Total number of ballots cast- ----------------------------- 146 Total number of votes for Commercial Telegraphers' Union, Local 44 (A. F. L.) ------------------------------------ 113 Total number of votes against Commercial Telegraphers' Union Local 44 (A. F. L.) ------------------------------------ 33 Total number blank ballots------------------------------- 0 Total number void ballots-------------------------------- 0 Total number challenged ballots--------------------------- 0' Upon the basis of the Stipulation, the Election Report, and the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of The Western Union Telegraph' Company, Charlotte, North Carolina, within the meaning of Section 9 (c) and Section 2 (6) and (7) -of the Act. 2. All employees at the Charlotte, North Carolina, office of the Company, including traffic, plant, and commercial department em- ployees and messengers, but excluding traffic managers, assistant traffic managers, testing and regulating chief, automatic chief, chief clerk in traffic department, assistant chief operators, superintendent, delivery manager, supervisor of bookkeeping and accounting, com- mercial representative, confidential clerk to superintendent, cashier, chief clerk in commercial,department, city commercial manager, and city foreman, constitute a unit appropriate for the purposes of collec- tive bargaining, within the meaning of Section 9 (b) of the Act. 3. Commercial Telegraphers' Union, Local 44, affiliated with the American Federation of Labor, has been designated and selected by a majority of the employees in the above unit as their representative -for the purposes of collective bargaining, and is the exclusive repre- 562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sentative of all employees in said unit , within the meaning of Section 9 (a) of ,the Act. CERTIFICATION OF REPRESENTATIVES, 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, IT IS HEREBY CERTIFIED that Commercial Telegraphers' Union, Local 44, affiliated with the American Federation of Labor, has been designated and selected by a majority of all employees at the Charlotte, North Carolina, office of The Western Union Telegraph Company, including traffic, plant, and commercial department employees and messengers, but excluding traffic managers, assistant traffic managers, testing and regulating chief, automatic I chief, chief clerk in traffic department, assistant chief operators, superintendent, delivery man- ager, supervisor of bookkeeping and accounting, commercial repre- sentative, confidential clerk to superintendent, cashier, chief clerk in commercial department, city commercial manager, and city fore- man, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 '(a) of the Act, Commercial Teleg- raphers' -Union, Local 44, affiliated with the American Federation of Labor, is the exclusive,representative of all such employees for the -purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.