The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Nov 17, 1941

36 N.L.R.B. 1014 (N.L.R.B. 1941)

In the Matter` of THE WESTERN UNION TELEGRAPH COMPANY and
TELEGRAPH WORKERS FEDERAL LABOR UNION No. 22679, HOUSTON
CHAPTER
Case No. 1- 3104.Decided November 17, 1941
Jurisdiction : telegraph industry. ,
Investigation and Certification of Representatives : existence of question : Com-
- pany refused to accord union recognition ; election necessary. . . -
Unit Appropriate for Collective Bargaining : all employees at the Houston,
Texas, office, including regular and part-time messengers, but excluding the
superintendent, manager of delivery department, sales manager, traffic mana-
gers, T. & R. chief, "automatic chief, assistant chief operators, manager of
revenue accounting center, city foreman, and temporary employees.
Mr. C: J.. Ince and Mr. C. R. Nichols of Dallas, Tex., for the
Company..
Mr. Herbert-S. Thatcher, of Washington, D. C'., for Local 22679.
Mr. Jesse A. Payne, of Kansas City, Mo., for the C. T. U. , - .
Mr. Louis Cokin, of counsel .to the Board.
DECISION
AND
DIRECTION- OF ELECTION'
"STATEDIENT OF. TI[E CASE
On April 24 , 1941 , Telegiaph* Workers Federal Labor Union No.
22579 herein called Local 22679, filed with the Regional Director for
the Sixteenth Region (Fort Worth, Texas) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of The Western Union Telegraph Company,
Houston, Texas, herein called the Company, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat..449, herein called the
Act. On September 11, 1941, 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.
36 N. L. R. B., No. 208.
1014 .
THE WESTERN UNION. TELEGRAPH COMPANY. .10155
On September 10; 1941,' the Regional- Director ,issued a notice of
hearing; copies of which were duly served upon the Company, Local
22679, .Commercial-L Telegraphers' Union, herein called the '. T.' U.,
and, American' Communications Association. ' Pursuant to 'Iiotice',` a
hearing was held on'September 22 and 23,1941, at Dallas, Texas;'before
Clifford W. Potter; the Trial Examiner duly designated by the Chief
Trial Examiner. The Company, Local 22679, and the''C. T. U-. were
represented. aiid participated iii the hearing. Arrier"ican Cornmunica- .
tions Association did not appear at the,hearing. Frill opportunity'to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was :afforded all parties. During the
course of the hearing the Trial Examiner granted motions of Local
22679 to amend its petition. as- to formal matters. - During-the course
.of the hearing,the Trial- Examiner made several rulings on, other
motions-and on objections to the admission of evidence. -'the -Board
has reviewed these rulings and finds that no prejudicial errors- were
committed. The rulings are hereby affirmed.
On October 16, 1941, Local 22679 filed a brief which the Board, has
considered.
Upon the entire record in, the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY.
The Western Union Telegraph Company is aNew York corporation
with its principal- office at New York City: Itis engaged throughout
the United States and in various. foreign countries in the recei`ving -and
transmission by telegraph and cable of intrastate, interstate, and in-
ternational communications. - In the operation of its national and
international communications' system, the Company owns and/or
operates 214,220 miles of pole lines, 4,160 miles of land-line cable,
1;876,993 miles of wire, 30,344 nautical miles of ocean cable, and 20,445
telegraph offices: At the close of 1940, the Company 'mployed ap-
proximately 49,000 persons. The C'on1pany maintains an office at
'Houston, Texas, with which we are here concerned. It admits' that
it is engaged in commerce within the meaning of the Act.
H. THE ORGA cIZATION INVOLVED' '
Telegraph Workers Federal Labbr Union No. 22679, Houston Chap-
ter, is a labor organization affiliated with the American Federation
of Labor..' It admits to membership employees at the Houston, Texas,
office of the Company..
Commercial Telegraphers' Union is -a labor organization -affiliated
with the American Federation of Labor, admitting. to' membership.
employees. of the Company.
1016 DECISIONS OF NATIONAL -LABOR RELATIONS BOARD
111- THE QUESTION CONCERNING REPRESENTATION
On December 9, 1940, the Company suggested that Local 22679
refer any claims it might have for recognition to the-'Board. A
statement of the Trial Examiner made during the hearing shows that
Local 22679 represents a substantial number of employees in the unit
which- it alleges is appropriate." ' .
We find that a question has arisen concerning the representation
of employees of the. Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States":
and tends to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
Local 22679 and the Company agreed that all employees at the
Houston office of the.Company, excluding the superintendent, man-
ager of delivery department, sales manager, traffic manager, T. & R.
chief, automatic chief; assistant chief operators, manager of revenue
accounting center, and city foreman constitute an appropriate unit.'
The C. T. U. stated that it does not claim any employees at the
Houston office. The only controversy with respect to the unit
concerns messengers.
Local 22679 urges that regular messengers -be included in the unit
but that part-time messengers be excluded from the unit. The
Company took no position with respect to the messengers pending .
the Board's determination of the question of including or excluding
messengers raised in the case involving the Chicago office of the Com-
pany. Part-time messengers work a few hours per week and there
is a 50 percent turn-over among them every month. They work
every week. For the reasons indicated in our decision in the Chicago--
case 3 we find that regular and part-time messengers at the Houston
office should be included in the unit.
1 The Trial Examiner stated that Local 22679 presented membership cards signed by
289 persons who appear on the Company's pay roll for the Houston office. There are 404
employees at the Houston office.
2 The Company stated that although it considered a Nation-wide unit appropriate, it
'had no objection to the setting up of functional cities, such as Houston, as separate
bargaining units. '
9 Matter of The Western Union Telegraph Company and Telegraph Workers Independent
Union, et al ., 36 N. L. R. B., No. 172. -
`' -THE WESTERN UNION- TELEGRAPH COMPANY 1017
Local, 22679 urges that temporary employees be excluded from-the
unit. ' The ' Company took no position ' with respect , to' these em-
ployees. Temporary employees are hired solely for , a temporary
period of time and are so told at the time they are hired. Under
the circumstances , we: shall exclude temporary employees from, the
unit.
We find that all employees at the Houston office of the Company,
including regular and part-time messengers , but excluding the super-
intendent , manager of delivery department,. sales manager, traffic
managers, T. & R. chief , 'automatic chief, assistant chief operators,
manager of revenue accounting center, city - foreman, and temporary
employees, 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 'wi'll effectuate the policies of
the Act.
VIi THE DETERMINATION OF REPRESENTATIVES
Local 22679 seeks to be certified on the basis of the record. The
Company stated that it would not object to the certification of Local
22679 as the collective bargaining agent of its employees without
an election, but that it-believed an election to be the best method of
determiiiing the wishes of.its employees as to representation. Under
these' circumstances, we believe' that the question concerning repre-
sentation which has arisen can best be resolved by the holding of an
election by secret ballot.,
We shall direct that the employees of the Company eligible to 'vote
in the. election shall be those in the appropriate unit who were em-
ployed 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.
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. A question affecting commerce 'has arisen concerning, the repre-
sentation of employees of The Western Union Telegraph Company,
Houston, Texas, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All employees at the Houston office of the Company, including
regular and part-time messengers, but excluding the superintendent,
4 See Matter of Armour & Company and United Packinghouse Workers, Local Industrial
Union No. 13, of Packinghouse Workers 'Organizing Committee, affiliated with C. I. 0.,
13 N. L. R. B. 567.
1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
manager . of delivery department, sales manager, traffic managers,
T. & R'., chief, automatic -chief, 'assistant chief operator, manager of
revenue-:accounting center, city foreman, and temporary employees,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the moaning.-of Section 9 (b), of the National Labor
Relations Act.
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 Rela-
tions Act and pursuant to Article III, Section 8, 'of National Labor
Relations Board Rules and Regulations=Series 2, as amended, if
is hereby
DmEcTEn that, as part of the investigation authorized by the Board
to. Ascertain representatives for the purposes of collective bargaining
with ,The Western Union Telegraph Company, Houston, Texas, 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 Six-
teenth 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 all employees at the 'Houston office of the
Company who were employed during the pay-roll period immedi-
ately preceding the date of this Direction, including regular and
part-time messengers 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, but excluding the superintendent, manager of delivery depart=
merit, sales.manager, traffic managers, T. & R. chief, automatic chief,
assistant chief operator, manager of revenue accounting center, city
foreman, temporary employees, and employees -,,ho have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by Telegraph Workers Federal Labor Union No.
22679, Houston Chapter, affiliated with the American Federation of
Labor, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.