The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Sep 3, 1941

35 N.L.R.B. 147 (N.L.R.B. 1941)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
- UNITED WESTERN UNION EMPLOYEES OF BUFFALO
Case No. R-2330
SECOND AMENDMENT TO DIRECTION OF ELECTION
September 3, 1941
On May 31, 1941, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled proceedings.1 On June 21, 1941, the Board issued an Amend-
ment to Direction of Elections,' postponing the election indefinitely.
Having considered the matter further, the Board is of the opinion that
an election may appropriately be held at this time.
The Board hereby amends its Direction of Election, as amended,
by striking therefrom the words "at such time as the Board shall here-
after direct," and substituting therefor the words "as early as pos-
sible, but not later than thirty (30) days from the date of this Second
Amendment to Direction of Election," and by striking therefrom the
words "a pay-roll period which the Board shall in the future specify,"
and substituting therefor the words "the pay-roll period immediately
preceding the date of this Second Amendment to Direction, of
Election."
35 N. L. R. B., No 29.
/[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
October 9, 1941
On May 31, 1941, the National Labor Relations Board issued a
Decision and Direction of Election,' on June 21, 1941, an Amendment
to Direction of Election,' and on September 3, 1941, a Second Amend-
ment to Direction of Election,3 in the above-entitled proceedings.
Pursuant to the Direction of Election, as amended, an election by
secret ballot was conducted on September 24, 1941, under the direction
and supervision of the Regional Director for the Third Region (Buf-
falo,, New York). On September 25, 1941, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Relations
132 N. L R B 210
2 32 N L R. B. 217.
141
451270-42-col 35-11
148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board Rules and Regulations-Series 2, as amended, issued and duly
served upon the parties his Election Report. No 'objections to the
conduct of the ballot or the Election Report have been filed by any
of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list------------------------------------- 353
Total ballots cast-------------------------------- --------- 232
Total ballots challenged__________________________ --------- I
Total blank ballots------------------------------------------ 0
Total void ballots------------------------------------------- 0
Total valid votes cast--------------------------------------- 231
Votes cast for United Western Union Employees of Buffalo-- 173
Votes cast against United Western Union Employees of Buffalo_ 58
Since the challenged ballot cannot affect the results of the election, we
find it unnecessary to pass upon the challenge.
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,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that United Western Union Employees of
Buffalo has been designated and selected by a majority of the employees
of The Western Union Telegraph Company at Buffalo, New York, in
the traffic department, commercial department (including messen-
gers), plant department and accounting department, excluding the
traffic manager, night traffic managers, assistant chief operator (Morse
and automatic), assistant chief operator (telephone), chief clerk, test-
ing and regulating chief, night testing and regulating chiefs, wire
chief, repeater chief, automatic chief, senior supervisor, teleprinter
supervisors, routing supervisors, and telephone supervisor, in the traf-
fic department ; the superintendent, chief clerk, delivery manager,
chief commercial representative, and temporary messengers, in the
commercial department; the accounting center manager in the ac-
counting department; and the maintenance foreman in the plant de-
partment, as their representative for the purposes of collective bargain-
ing, and that, pursuant to Section 9 (a) of the National Labor.
Relations Act, United Western Union Employees of Buffalo 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.
35 N. L. R. B., No. 29a.