Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Aug 25, 1937

3 N.L.R.B. 375 (N.L.R.B. 1937)

In the Matter Of WESTERN UNION TELEGRAPH COMPANY and MES-
SENGERS LOCAL No. 40 OF THE COMMERCIAL TELEGRAPHERS UNION
Cases Nos. C-215 and R-23,5.-Decided August 25, 1937
Communications Industry-Settlement : agreement to comply with Act--
Order: entered on stipulation ; petition for investigation and certification dis-
missed.
Mr. E. J. Eagen and Mr. Daniel Baker for the Board.
Mr. Otto B. Rupp, of Seattle, Wash., and Mr. Francis R. Stark, of
New York City, for the respondent.
Mr. Clarence W. Pierce, of Seattle, Wash., for the Union.
Ryan, Askren, and Ryan, by Mr. William D. Askren, of Seattle,
Wash., for the Association.
Mr. Howard Lichtenstein, of counsel to the Board.
DECISION
STATEMENT OF THE CASE
Upon charges duly filed by Messengers Local No. 40 of the Com-
mercial Telegraphers Union, herein called the Union, the National
Labor Relations Board, herein called the Board, by Charles W.
Hope, Regional Director for the Nineteenth Region (Seattle, Wash-
ington), issued and duly served its complaint dated July 26, 1937,
against the Western Union Telegraph Company, the respondent
herein, alleging that the respondent, in the operation of its Seattle
office at Seattle, Washington, had engaged in and was engaging in
unfair labor practices affecting commerce within the meaning of Sec-
tion 8, subdivisions (1), (2), (3), and (5) and Section 2, subdivisions
(6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act.
In respect to the unfair labor practices, the complaint in substance
alleged that although prior to June 9, 1937, a majority of the mes-
sengers and various other employees engaged in telegraphic com-
munications at the Seattle office had designated the Union as their
representative for the purpose of collective bargaining and that by
virtue of Section 9 (a) of the Act, the Union has been the exclusive
representative of all the employees in this unit for such purpose, the
respondent has at all times since June 9, 1937, refused to bargain col-
lectively with the Union as such representative; that in 1918 the
respondent sponsored, fostered, and encouraged the formation of
375
376 NATIONAL LABOR RELATIONS BOARD
the Association of Western Union Employees, herein called the
Association, among its employees, and at all times thereafter, and
particularly since July 5, 1935, has dominated and interfered with
the administration of the Association and has contributed financial
and other support thereto ; that it has given preference to members
of the Association and discriminated against members of the Union
in regard to hire and tenure of employment, promotions, and other
terms and conditions of employment ; that as a result of these prac-
tices, a strike was called by the Union on June 9, 1937, which con-
tinued to June 18, 1937. On August 3, 1937, the respondent filed its
answer denying the allegations of unfair labor practices, denying
that the messenger employees constitute a unit appropriate for the
purposes of collective bargaining, and alleging the existence of a
contract with the Association which it recognizes as the exclusive
bargaining agency for all its land line employees in its various
offices throughout the United States.
On June 9, 1937, the Union petitioned the Board for an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the Act. On June 23, 1937, the Board directed the Regional Di-
rector to conduct an investigation and provide for an appropriate
hearing upon due notice, pursuant to Section 9 (c) of the Act and
Article III, Section 3 of National Labor Relations Board Rules and
Regulations-Series 1, as amended.
By order of the Board dated July 20, 1937, both cases were con-
solidated for the purpose of hearing, pursuant to Article III, Sec-
tion 10 (c) (2) of National Labor Relations Board Rules and Regu-
lations-Series 1, as amended. Pursuant to notice, a hearing on
the complaint and petition was held at Seattle, Washington, on
August 9, 10, 11, 12, 13, and 11, 1937, before Patrick H. McNally,
the Trial Examiner duly designated by the Board. The Board, the
Union, the respondent, and the Association, which was permitted to
intervene in so far as its interest appeared, were represented by
counsel.
On August 13, 1937, during the hearing, the following stipula-
tions were agreed upon by all parties to the proceedings :
IT IS HEREBY STIPULATED by and between the Western Union
Telegraph Company, a corporation, by its counsel, Otto B. Rupp,
Messengers Local No. 40, Commercial Telegraphers Union, by its
counsel, Clarence W. Pierce, the Association of Western Union
Employees, by its counsel, William D. Askren, and E. J. Eagen,
Regional Attorney for the Nineteenth Region, National Labor
Relations Board, that the Order attached hereto be submitted to
the National Labor Relations Board as a basis for action by the
said Board and an Order by said Board directed to the Western
Union Telegraph Company.
DECISIONS AND ORDERS 377
IT IS FURTHER STIPULATED that an Order may be made and
entered by Trial Examiner Patrick H. McNally, recessing the
hearing in the above -entitled matter pending action by said
Board and pending issuance of an Order by said Board based on
the foregoing stipulation , without prejudicing the right of the
National Labor Relations Board to resume said hearing, in the
event that the Order hereinafter set forth in this stipulation is
not approved by the National Labor Relations Board.
ORDER
The Western Union Telegraph Company shall cease and desist :
a. From discouraging membership in Messengers Local No.
40 of the Commercial Telegraphers Union or encouraging mem-
bership in the Association of Western Union Employees Mes-
sengers Sub-Local No. 31 , by discriminating against its Seattle
messengers in regard to hire or tenure of employment or terms
or conditions of employment;
b. From dominating or interfering with the administration of
the said Sub-Local No. 31 , and from contributing financial or
other support to the said Sub-Local;
c. From in any manner interfering with, restraining or co-
ercing its Seattle messengers in the exercise of their right to
organize , to form, join or assist labor organizations, to bargain
collectively through representatives of their own choosing, and
to engage in concerted activities for the purpose of collective
bargaining for their mutual aid or protection , as guaranteed in
Section 7 of the National Labor Relations Act;
d. From granting privileges and preferences to members of
the said Sub-Local , which privileges and preferences are denied
to members of Local No. 40 in order to discourage membership
in said Local No. 40;
e. From refusing to bargain collectively with the messengers
of Local No . 40 of the Commercial Telegraphers Union as the
exclusive representative of all its messengers employed at Seattle,
Washington , except those in a supervisory capacity , in respect
to rates of pay, wages , hours of employment or other conditions
of employment, unless and until another appropriate unit shall
have been decided under the National Labor Relations Act.
The Western Union Telegraph Company shall take the follow-
ing affirmative action :
a. Immediately post notices on the Company bulletin board
at its main office at 113 Cherry Street and on all other bulletin
boards in its branch offices at Seattle, Washington , stating :
. (1) That the respondent will cease and desist in the manner
aforesaid;
378 . NATIONAL LABOR RELATIONS- BOARD
(2) That such notices will remain posted for a period of at
least thirty (30) consecutive days from the date of posting.
b. On request to bargain collectively with the Messengers
Local No. 40 as the exclusive representative of all its messengers
employed at Seattle, Washington, in respect to rates of pay,
wages, hours of employment and other conditions of employ-
ment, unless and until another appropriate unit shall have been
decided under the National Labor Relations Act.
c. Notify the Regional Director for the Nineteenth Region of
the National Labor Relations Board in writing within ten (10)
days from the date of this order what steps the Western Union
Telegraph Company has taken to comply herewith.
ORDER
On the basis of the above stipulations, and pursuant to Section 10,
subdivision (c) of the National Labor Relations Act, the National
Labor Relations Board hereby orders that the respondent, Western
Union Telegraph Company, its officers, agents, successors and as-
signs shall :
1. Cease and desist :
a. From discouraging membership in Messengers Local No. 40
of the Commercial Telegraphers Union or encouraging membership
in the Association of Western Union Employees Messengers Sub-
Local No. 31, by discriminating against its Seattle messengers in
regard to hire or tenure of employment or terms or conditions of
employment;
b. From dominating or interfering with the administration of the
said Sub-Local No. 31, and from contributing financial or other
support to the said Sub-Local;
c. From in any manner interfering with, restraining or coercing
its Seattle messengers in the exercise of their right to organize, to
form, join or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in con-
certed activities for the purpose of collective bargaining for their
mutual aid or protection, as guaranteed in Section 7 of the National
Labor Relations Act;
d. From granting privileges and preferences to members of the
said Sub-Local, which privileges and preferences are denied to mem-
bers of Local No. 40 in order to discourage membership in said Local
No. 40;
e. From refusing to bargain collectively with the messengers of
Local No. 40 of the Commercial Telegraphers Union as the exclusive
representative of all its messengers employed at Seattle, Washing-
ton, except those in a'supervisory capacity, in respect to rates of pay,
DECISIONS AND ORDERS 379
wages, hours of employment or other conditions of employment,
unless and until another appropriate unit shall have been decided
under the National Labor Relations Act.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
a. Immediately post notices on the Company bulletin board at its
main offices at 113 Cherry Street and on all other bulletin boards in
its branch offices at Seattle, Washington, stating :
(1) That the respondent will cease and desist in the manner afore-
said;
(2) That such notices will remain posted for a period of at least
thirty (30) consecutive days from the date of posting.
b. On request bargain collectively with the Messengers Local No.
40 as the exclusive representative of all its messengers employed at
Seattle, Washington, in respect to rates of pay, wages, hours of
employment and other conditions of employment, unless and until
another appropriate unit shall have been decided under the National
Labor Relations Act.
c. Notify the Regional Director for the Nineteenth Region of the
National Labor Relations Board in writing within ten (10) days
from the date of this order what steps the Western Union Telegraph
Company has taken to comply herewith.
The petition for an investigation and certification of representa-
tives is hereby dismissed.
MR. EDWIN S. SMITH took no part in the consideration of the above
Decision and Order.