The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Nov 18, 1941

36 N.L.R.B. 1051 (N.L.R.B. 1941)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
TELEGRAPH WORKERS FEDERAL LABOR UNION No. 22679, SHREVEPORT
CHAPTER
Case No. RR-3108 .-Decided November 18, 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 Shreveport,
Louisiana office, including regular and part-time messengers, but excluding
the superintendent, manager of delivery department, sales manager, chief
operators, T. & R. chief, city foreman. and temporary employees.
Mr. C. J. Igoe 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
STATEMENT OF THE CASE
On May 7,1941, Telegraph Workers Federal Labor Union No. 22679,
herein called Local 22679, filed with the Regional Director for the
Fifteenth Region (New Orleans, Louisiana) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of The Western Union Telegraph Company, Shreve-
port, Louisiana, herein called the Company, 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 May 20, 1941, the National Labdr Relations Board,
herein called the Board, issued an order transferring this proceeding
to its Sixteenth Region. On September 11, 1941, 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,
36 N I, It B, No. 215
1051
1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as amended, ordered an investigation and authorized the Regional
Director for the Sixteenth Region to conduct it and to provide for
an appropriate hearing upon due notice.
On September 15, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, Local
22679, Commercial Telegraphers' Union, herein called the C. T. U.,
and American Communications Association. Pursuant to notice, a
hearing was held on September 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 and participated in the hearing. American Communi-
cations Association did not appear at the hearing. Full 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 a New York corporation
with its principal office at New York City. It is engaged throughout
the United States and in various foreign countries in the receiving
and transmission by telegraph and cable of intrastate, interstate, and
international 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 employed
approximately 49,000 persons. The Company maintains an office at
Shreveport, Louisiana, with which we are here concerned. It admits
that it is engaged in commerce within the meaning of the Act.
H. THE ORGANIZATIONS INVOLVED
Telegraph Workers Federal Labor Union No. 22679, Shreveport
Chapter, is a labor organization affiliated with the American Federa-
THE WESTERN UNION TELEGRAPH COMPANY, 1053
tion of Labor. It admits to membership employees at the Shreve-
port, Louisiana, 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.
III. 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 a"risen,
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 agree that all employees at the Shreve-
port office of the Company, excluding the superintendent, manager
of delivery department, sales manager, chief operators, T. & R. chief,
and city foreman, constitute an appropriate unit. The C.-T. U. stated
that it did not claim any employees at the Shreveport 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 Com-
pany took no position with respect to the messengers pending the
Board's determination of the question of including or excluding mes-
sengers raised in the case involving the Chicago office of the Company.
Part-time messengers work a few hours per week and there is a
50-per cent turn-over among them every month. It appears that they
'The Trial Examiner stated that Local 22679 presented membership cards signed by 32
persons who appear on the Company's pay roll for the Shreveport office. There are 92
employees at the Shreveport office.
2 The Company stated that although it considered a Nation- wide unit `appropriate, it
had no oblection to the setting up of functional tines, such as Shrevepoit, as soparate-
ba gtuning units
' :1054 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
work every week. For the reasons indicated in our decision in the
Chicago case- we find that regular and part-time messengers at the
Shreveport office should be included in the unit.
Local 22679 urges that temporary employees be excluded from the
unit. The Company took no position with respect to these employees.
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 Shreveport office of the Company,
including regular and part-time messengers, but excluding the super-
intendent, manager of delivery department, sales manager, chief opera-
tors, T. & R. chief, city foreman, and temporary employees, constitute
a unit, appropriate for the purposes of collective 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 will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation 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 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.
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,
Shreveport, Louisiana, within the meaning of Section 9 (c) and Sec-
tion 2 (6)' and (7) of the National Labor Relations Act.
2. All employees at the Shreveport office of the Company, including
regular and part-time messengers, but excluding the superintendent, _
manager of delivery department, sales manager, chief operators, T. &
R. chief, city foreman, and temporary employees, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
3 Matter of The Westen Union Telegraph Company and Telegraph Workers Independent
Union, et at. , 36 N. L R B 812
a
THE WESTERN UNION `TELEGRAPH COMPANY 1055
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED 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, Shreveport, Louisiana,
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 Sixteenth
Region, acting in this matter as agent for the National Labor Relations
Board and subject to Article III, Section 9, of said Rules and Regula-
tions, among all employees at the Shreveport office of the Com-
pany who were employed during the pay-roll period immediately
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 department, sales
manager, chief operators, T. & R. chief, city foreman, temporary em-
ployees, and employees who have since quite or been discharged for
cause, to determine whether or not they desire to be represented by
Telegraph Workers Federal Labor Union No. 22679, Shreveport Chap-
ter, 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.