The Travelers Insurance Co.

National Labor Relations Board - Board Decisions

Jan 31, 1946

65 N.L.R.B. 661 (N.L.R.B. 1946)

In the Matter of TFIE TRAVELERS INSURANCE COMPANY and AMAL-
GAMATED LITHOGRAPHERS OF AMERICA
Case No. 1-R-2550.Decided Jainnarey 31, 1946
Messrs. B. T. Bent and J. F. Pilkington, of Hartford, Conn., for
the Company.
Mr. Matthew Silverman, of New York City, for the Union.
Mr. Arnold Ordman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CA SE
Upon a petition duly filed by Amalgamated Lithographers of
America, herein called the Union,' alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Travelers Insurance Company, Hartford, Connecticut, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Walter B. Wilbur,
Trial Examiner. The hearing was held at Hartford, Connecticut, on
October 23, 1945. The Company and the Union appeared and partici-
pated.2 All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Travelers Insurance Company is a Connecticut corporation
having its principal office and place of business at Hartford, Connecti-
1 The petition was amended at the hearing so as to eliminate all indication of affiliation
of the Union with the A. F. of L., since all locals of the Union had voted unanimously to
withdraw from the A. F. of L.
! International Printing Pressmen & Assistants ' Union of North America , AFL, was also
served with Notice of Hearing , but failed to appear.
65 N. L. R. B, No. 113
661
662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cut, and is engaged in the business of selling and servicing policies of
insurance covering life, accident and health, workmen's compensation,
and personal liabilities. It maintains branches throughout the United
States. It has policyholders in all the States of the United States, as
well as in other countries. For the fiscal year 1944, the Company had
a premium income in excess of $200,000,000. It has funds invested
in bonds and stocks in national, county, and municipal-governments,
and in railroads, public utilities, banks, and other interests.
Although the Company does not concede it, we find that the Com-
pany is engaged in commerce within the meaning of the National Labor
Relations Act.'
II. THE ORGANIZATION INVOLVED
Amalgamated Lithographers of America is a labor organization,
admitting to membership employees of the Company.
III. THE QUESTION CONCEaNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.4
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with the agreement of the parties at the hearing, we
find that all employees of the Company's Offset Department, including
the plate grainer, photographer, plate makers, pressmen, and press-
men assistants engaged therein, but excluding all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (c) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
Both parties agreed that in the event the Board asserted jurisdiction
over the Company, the Board might certify the Union on the record
3 Polish Ndtional Alliance of the United Staten of North America v. N. L. R. B., 322
U. S. 643.
,'The Field Examiner reported that the Union submitted eight membership books, all of
which bore the names of employees listed on the Company's pay roll for the period ending
July 12, 1945.
There are approximately 12 employees in the appropriate unit.
i
THE TRAVELERS INSURANCE COMPANY 663
in the unit found appropriate. Nevertheless , we are of the opinion
that the question concerning representation which has arisen can best
be resolved by an election by secret ballot.
Accordingly , we shall direct that the question concerning repre-
sentation which has arisen be resolved by an election by secret ballot
among employees in the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the Direction
,of Election herein, subject to the limitations and additions set forth
in the Direction.
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 9, of National Labor Re-
lations Board Rules and Regulations-Series 3, as amended, it' is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Travelers
Insurance Company, Hartford , Connecticut , an election 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, Sections 10 and 11, of said Rules and Regula-
tions, among employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately pre-
ceding the date of this Direction , including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off , and including employees in the armed forces
of the United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented by
Amalgamated Lithographers of America , for the purposes of collective
bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.