The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Nov 10, 1941

36 N.L.R.B. 812 (N.L.R.B. 1941)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
TELEGRAPH WORKERS INDEPENDENT UNION
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS UNION, WESTERN UNION LOCAL No. I
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS UNION, WESTImN UNION LOCAL No. 94
In the Matter of T^Ir WESTERN UNION TELEGRAPH COMPANY and
LOCAL UNION No. 2, WESTERN UNION DIVISION OF COMMERCIAL
TELEGRAPHERS UNION
Cases Nos. R-1966 to R-1969, inclusive, and R-1974 and R-1975
respectively.Decided November 10, 1,941,
Jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of questions: re-
fusal to accord recognition to either of rival unions until certified by the
Board ; labor organization not found to be a successor to or continuation of
an organization previously ordered disestablished, placed on ballot; elections
necessary.
Units Appropriate for Collective Bargaining : (1) all employees in the commer-
cial, traffic, plant, and accounting departments at the Chicago office of the
Company, including and excluding specific categories of employees ; (2), all
employees in the commercial, traffic, and plant departments at the Milwaukee
office of the Company, including regular messengers and specifically named
employee, and excluding specific categories of employees; and (3) all employ-
ees in the commercial, traffic, and plant departments at the Fort Wayne office
of the Company, including regular messengers, but excluding specific categories
of employees.
Mr. Russell Packard and Mr. Charles McErleasr, for the Board.
Mr. Ralph Kimball and Mr. William Wendt, of New York City, for
the Company.
Mr. Edwin R. Hackett and Mr. W. L. Greenawalt, of Chicago, Ill.,
for the Independent.
Mr. Hugh C. McKenny of Washington, D. C., and Mr. W. L.
Allen of Chicago,.I11., for the C. T. U.
Boudin, Cohn & Glickstein, by Mr. Victor Rabinowitz, of New
York City, and Mr. Joseph Kehoe, of Chicago, Ill., for the A. C. A.
Mr. Louis Cokin, of counsel to the Board.
36 N. L. R. B., No. 172.
812
THE WESTERN UNION TELEGRAPH COMPANY
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
813.
On October 5 and December 1.4, 1940, respectively, Telegraph
Workers Independent Union, herein called the Independent, filed
with the Regional Director for the Thirteenth Region (Chicago, Illi-
nois) petitions alleging that questions affecting commerce had arisen
concerning the representation of employees of The Western Union
Telegraph Company, Chicago, Illinois, herein called the Company,
and requesting investigations and certifications of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49'
Stat. 449, herein called the Act. On March 4 and 20, and April 29,
1941, respectively Commercial Telegraphers Union, Western Union,
Local No. 1; Western Union Local No. 94 and Local Union No. 2,
Western Union Division of Commercial Telegraphers Union, herein
called the C. T. U., filed with the Regional Director petitions alleging
that questions affecting commerce had arisen concerning the repre-
sentation of ,employees in the Chicago, Fort Wayne, and Milwaukee
offices of the Company and requesting investigations and certifica-
tions of representatives pursuant to Section 9 (c) of the Act. On
March 6 and 20, 1941, respectively, the C. T. U. filed with the Regional
Director petitions alleging that questions affecting commerce had
arisen concerning the representation of employees at the South Bend,
Goshen, Mishawaka, and Elkhart offices of the Company. On Au-
gust 12, 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 Regula-
tions-Series 2, as amended, ordered an investigation in each of the
cases and authorized the Regional Director to conduct them and
to provide for an appropriate hearing upon due notice, and, acting
pursuant to Article III, Section 10 (c) (2), of said Rules and Regu-
lations, ordered that all of the cases be consolidated. We shall not
consider the cases involving the South Bend, Goshen, Mishawaka, and
Elkhart offices of the Company in this Decision, and we hereby order
that said cases be severed from the cases involved herein.
On August 19, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the
Independent, the C. T. U., and upon American Communications
Association, herein called the A. C. A., a labor organization claiming
814 DECISIONS OF' NATIONAL LABOR RELATIbNS BOARD
to represent employees directly affected by the investigation. In the-
notice of hearing the parties were notified that, evidence would be
received on the issue of whether the Independent is a successor to
or continuation of Association of Western Union Employees, herein
called the A. W. U. E., heretofore ordered disestablished by the Board.
Pursuant to notice, a hearing was held on September 3. 4, 5, and 6,
1941, at Chicago, Illinois, before Josef L. Hektoen, the Trial Exam-
iner duly designated by the Chief Trial Examiner. The Board, the
Company, the Independent, the C. T. U., and the A. C. A. were
represented by counsel and participated in the hearing. Full oppor-
tunity 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 several
motions of the C. T. U. and the Independent to amend their petitions
as to certain formal matters. During the course of the hearing the
Trial Examiner rejected Independent Exhibit No. 6 and ordered it
placed in a rejected exhibit file. We hereby overrule the Trial
Examiner with respect to this exhibit and admit it in evidence.'
During the course of the hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed these rulings of the Trial Examiner and
finds that no prejudicial errors were committed. The rulings are
hereby affirmed.
Pursuant to notice duly served upon the parties, a hearing for the
purpose of oral argument was held before the Board on October 7,
1941, in Washington, D. C. The Company, the Independent, the
A. C. A., and the C. T. U. were represented by counsel and partici-
pated in the argument."
On September 30 and October 2, 1941, respectively, the Independent
and the A. C. A. filed briefs which the Board has considered.
Upon the entire record in the case, the Board makes the following :
'In Matter of The Western Union Telegraph Company, a corporation , and American
Communications Association , 17 N. L . R. B. 34 , the Board found , among other things,
that the Company had dominated and interfered with the formation and administration
of the A. W. U. E. and ordered it to cease and desist therefrom , to withdraw all recogni-
tion from and completely disestablish that organization as representative of any of its
employees for the purpose of dealing with the Company concerning grievances, labor
disputes, wages, rates of pay , hours of employment , or other conditions of work, and
to post appropriate notices. In The Western Union Telegraph Company v. National
Labor Relations Board, 113 F. (2d) 992 , the United States Circuit Court of Appeals for
the Second Circuit enforced the Board 's order, with modifications not here material.
This exhibit consists of campaign literature distributed by the Independent.
'Federal Labor Unions for The Western Union Telegraph Company, affiliated with the
American Federation of Labor , herein called the Federal Locals, appeared by counsel at
the oral argument . Counsel stated that the Federal Locals were participating in other
proceedings involving the company and that the Federal Locals ' appearance at the oral
argument was to protect its interest in such other proceedings.
THE INTESTTERN UNION TELEGRAPH COMPANY c8,1 5
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Western Union Telegraph Company is a New York corpora-
tion with its principal office at New York City. It is engaged
throughout the United States and various foreign countries in the-
receiving and transmission by telegraph and cable of intrastate, inter
state, and international communications. In the operation of its
national and international communication system, the Company owns
and/or operates 211,530 miles of pole lines, 4,070 miles of landline-
cable, 1,876,876 miles of wire, 30,324 nautical miles of ocean cable,.
and 19,543 telegraph offices. The Company maintains offices at Chi-
cago, Illinois, Fort Wayne, Indiana, and Milwaukee, Wisconsin, with.
which we are here concerned. It admits that it is engaged in com-
merce within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Independent Telegraph Workers Union is an unaffiliated labor- -
organization admitting to membership employees at the Chicago and
Milwaukee offices of the Company.
American Colnniunications Association is a labor organization affili-
ated with the Congress of Industrial Organizations, admitting to'
membership employees of the Company.
Commercial Telegraphers Union, Western Union Local No. 1;:
Commercial Telegraphers Union, Western Union Local No. 94, and
Local Union No. 2, Western Union Division of Commercial Teleg--
raphers Union, are labor organizations affiliated with the American
Federation of Labor. They admit to membership employees of the
Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to bargain with the Independent, the,
C. T. U., or the A. C. A. as the exclusive representative of its em-
ployees at the Chicago, Milwaukee, and Fort Wayne offices until
.such time as one or the other union is certified by the Board. The
parties stipulated at the hearing that the Independent represents a
substantial number of employees at the Milwaukee and Chicago offices
and that the A. C. A. and the C. T. U. represent a substantial.number
of employees at the Chicago, Milwaukee, and Fort Wayne offices.
We find that questions have arisen concerning the representation-
of employees of the Company. ,
S16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE QUESTIONS CONCERNING
REPRESENTATION UPON COMMERCE
We find that the questions concerning representation which have
:arisen, occurring in connection with the operations of the Company
described in Section I above, have a . close, intimate, and, substantial
relation to trade, traffic, and commerce among the several. States and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNITS
A. Chicago
All parties agreed that the unit appropriate for collective bargain-
ing should be confined to employees of the Company in the metropoli-
tan Chicago area. , No reason appears which warrants a departure
from the unit agreed to by the parties.' We find that a collective
bargaining unit limited to employees in the metropolitan Chicago
area is appropriate.
Questions arose at the herring concerning the exclusion of certain
supervisory and other employees from the appropriate unit. We
shall consider these exclusions by departments.5
1. Commercial department
All parties agreed to exclude the superintendent, assistant super-
intendent, city commercial manager, sales manager, manager of
credits and collection, manager of delivery department, assistant de-
livery managers, cashier, clerks in charge of messenger personnel,
clerks in charge of messenger assignments, and confidential clerks.
They are clearly supervisory or confidential employees and in, accord-
ance with our usual practice we shall exclude them.
All the unions would exclude from the unit Radcliffe and Scllroe-
der, listed as clerks in this department. They shift messengers from
one branch office to another and notify emergency messengers when
to report for duty. We shall exclude Schroeder and Radcliffe from
the unit.
All the unions urge that W. Rich and L. D. Gallaher be excluded
from the unit. These employees have supervision over the main
office delivery department and supervise 27 and 50 employees, respec-
4 The Company stated that, although it considered a Nation-wide unit appropriate, it
would not object to metropolitan city units.
5 Unless specifically indicated hereinafter , the Company took no position with respect to
any employee , the inclusion or exclusion of whom was a matter of disagreement among the
unions.
THE WESTERN UNION TELEGRAPH COMPANY 817
tively. They report infractions of rules with respect to the employees
working under them. Radcliffe, and Schroeder, listed above, work
under the supervision of these employees. We shall exclude Rich and
Gallaher from the unit.
The A. C. A. asks that G. P. Kirscht, field representative in the
delivery department, be excluded from the unit, and the C. T. U.
that he be included: Tlie Independent took no position with respect
to this employee. He circulates among the branch offices of the
Company, makes load studies, and reports on,the general appearance
of messengers. He is under the duty to report infractions of rules
by messengers and reports on the efficiency with which branch office
managers appear to be handling messengers. Under the circum-
stances, we shall exclude Kirscht from the unit.
All the unions ask that Joseph Pope -be excluded from the unit.
Although he is listed on the Company's pay roll as a clerk he has
charge of the messenger distribution center and handles all distribu-
tion material. He.directs the operation of crews distributing various,
types of articles and has the- duty of reporting on, the failure of
messengers to carry out their functions. In addition, he has the
duty to recommend discipline with respect to five clerks working
under him. We shall exclude Joseph Pope from the unit.
The Independent and the A. C. A. ask-that J. E. Meyers be ex-
eluded from the unit, and the C. T. U. that he be included. He has
the duty of recommending-discipline and promotion for 10 clerks who
work under him, and he assigns work to commercial representatives.
His salary is approximately 35 per cent higher than the salaries of
the 10 clerks who work under him. We shall exclude J. E. Meyers
from the unit. "
The A. C. A. and the Independent ask that E. R. Bartosek be
excluded from the unit. The C. T. U. took no position with respect
to this employee. Although he is listed as a clerk, he is assigned to
the superintendent's office, makes up branch office assignments, and
assigns employees to the handling of special events. We shall exclude
him from the unit.
2. Traffic department
All parties agree to exclude the following.: traffic manager, night
traffic manager, chief operator, assistant traffic manager, section su-
pervisor, testing and regulating chief, monitors, unit supervisors,
senior supervisors, wire chief, automatic chief, repeater chief, restau-
rant manager, assistant restaurant manager, confidential clerk, and
instructors. They are clearly supervisory or .confidential employees.
We shall exclude them from the unit.
All the unions would exclude from the unit Morse supervisors,
automatic supervisors, teleprint supervisors, telephone- supervisors,
4.33118-42-vol. 36-53
818 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
routing supervisors, service supervisors, and C. & D. supervisors.
All these employees have substantially the same degree of authority.
They supervise the work of employees under them, report infractions
of regulations, and recommend discipline. We shall exclude them
from the unit.
The A. C.A. asks that Mark Taylor, May Miller, and Catherine Dell-
more be excluded, from the unit, and the, C. T. U. and'-Independent that
they be included. These persons have access to pay-roll and personnel
records of the Company. The records to which they have access are
confidential. We shall exclude them from the unit.
3. Accounting department
All parties agree and we find that the accounting center manager,
assistant accounting center manager, and supervisors, should be ex-
cluded from the unit.
The A. C. A. would exclude from the unit Carlson, Lopresti, and
Semmerling, and the C. T. U. and Independent would include them
in the unit. They work under the assistant manager of the accounting
center and have 13, 7, and 9 employees under them, respectively. They
,distribute the work among employees and receive from $10 to $30
more per month than the persons working under them. We shall
exclude them from the unit.
4. Plant department
All parties agree and we find that the superintendent, maintenance
foremen, city foremen, assistant city foremen, cable foremen, ticker
supervisors, teleprinter maintenance supervisors, chief inspectors, and
confidential clerk should be excluded from the unit.
5. Miscellaneous
Students . The Company trains persons for work in its traffic de-
partment . With the exception of the T & R students , they are not
paid during their training period and do not appear on the pay roll
of the Company . The T & R students- are paid by the Company dur-
ing their training period and appear on the Company 's pay roll. All
the unions urge that the T & R students be included in"the unit and
that the remainder of the students be excluded . The Company took
no position with respect to students. Under the circumstances, we
shall include the T & R students in the unit and exclude the remainder
of the students.
Messengers. All the unions take the position that regular messen-
gers should be included in the unit. The Company stated that it was
taking no position with respect to the messengers but that it wished
THE WESTERN UNION TELEGRAPH COMPANY 819
to call certain facts to the attention of the Board for its consideration.
The Company points out the large turnover among messengers and
their immaturity. Because of these facts, the Company suggests that
messengers be designated as a separate appropriate bargaining unit
or that messengers who have not been in the employ of the Company
for a substantial period of time be denied the right to vote in an elec-
tion.
We are not persuaded by these contentions since we are . of the opin-
ion that the interests of the messengers with respect to wages, hours,
and working conditions are substantially similar to other employees
within the unit. Accordingly we find that inclusion of messengers in
the unit will best insure to them the full benefit of their right to self-
organization and collective bargaining and otherwise will effectuate
the policies of the Act. We shall, therefore, include the regular mes-
sengers in the unit.
Temporary employees and distribution messengers. Temporary em-
ployees are hired for the performance of specific tasks with the knowl-
edge that their work is to be temporary . Many of these employees are
regularly on the pay rolls ,of other concerns . Their .primary interest
is with the other concerns and their services are utilized by the Com-
pany only in cases of emergency . Distribution messengers are hired
to perform certain special tasks, such as to distribute packages or
advertising material . Their work is of a temporary character: We
shall exclude all these employees from the unit.
District and divisional employees. The Company urges that all
persons in its divisional and, district headquarters located at Chicago
be included in the metropolitan Chicago unit . All the unions urge
that such employees be excluded from the unit. The Company con-
tends that if the divisional and district headquarters employees. are
excluded from the metropolitan Chicago unit there is no other unit
to which they can attach themselves. It appears that many of these
employees live in. Chicago and work at desks next to persons who are
attached solely to the Chicago office. The work of many of the divi-
sional and district employees is similar to that of the employees in the
Chicago office. Under the circumstances , we find that employees in
the divisional and district headquarters of the Company located in
Chicago should be included in the metropolitan Chicago unit.
All the parties agreeing that their duties are supervisory or con-
fidential , we shall exclude the employees listed in Appendix A who' are
in the divisional and district headquarters of the Company located in
Chicago.
Building force and divisional stores employees . All parties desire
the inclusion of these employees in the appropriate unit. The build-
ing force is in charge of maintaining the Company's buildings in
Chicago. The divisional stores employees are permanently employed
820 DECISIONS OF NATIONAL; LABOR RELATIONS: BOARD
in Chicago and are the.procurement and storage agencies for the Lake
Division of the Company. We shall include employees in the building
force and divisional stores in the unit. All the parties agree to exclude
the chief engineer, head janitor,,forewomen, and equipment foremen
from the building force, and the division storekeeper, assistant division
storekeeper, and depot manager from the divisional stores department.
In accordance with our usual practice of excluding supervisory em-
ployees, we shall exclude these employees from the unit.
Equipment construction force. The Independent and the Company
asked that employees in the equipment construction force be included
in the unit, and the A. C. A. and the C. T. U. that they be excluded.
These employees form a reservoir from which men are drawn for
equipment construction work in all parts of the Company's Lake Divi-
sion. Chicago is their home office and they-spend at least 65 per cent
of their time working in Chicago. These employees report to the
same general supervisor as do the building force employees, which all
parties agreed should be in the appropriate unit, and to a considerable
extent work side by side with them. We find that the equipment
construction force should be included in the unit.
Line gang force. All the unions urge that these employees be ex-
cluded from the unit. The Company contends that they should be
included in the unit. These employees work in all parts of the Lake
Division, which covers 10 States, and many of them live in camp or
in railroad cars. They spend a majority of their time outside of
Chicago. Under the circumstances, we shall exclude the line gang
force from the unit.
Warehouse. The Company maintains a warehouse in Chicago,
which serves most of its offices west of Pittsburgh, Pennsylvania.
The employees therein report directly to a supervisory employee
located in New York City. They work in a separate building and
are not in contact with the Chicago office employees. We shall
exclude the warehouse employees from the unit.
We find that all employees in the commercial, traffic, plant, and
accounting departments at the Chicago office of the Company, in-
cluding 'employees listed in Appendix B, but excluding employees
listed in Appendices A and C and temporary employees, constitute
a unit appropriate for the purposes ' of collective bargaining, and
that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining
and otherwise effectuate the policies of the Act.a
'Appendices A and C list the employees we have hereinabove found should be excluded
from the unit at Chicago , and Appendix B lists those employees we have found should
be included at Chicago.
THE WESTERN UNION TELEGRAPH COMPANY
R. Milwaukee
821
All parties agreed that the unit appropriate for collective bar-
gaining should be confined to employees in the Milwaukee office of
the Company. No reason appears which warrants , the departure
from the unit agreed to by the parties.7 We find that a collective
bargaining unit limited to employees in the Milwaukee office of the
Company is appropriate.
Questions arose at the hearing concerning the exclusion of certain
supervisory and other employees from the appropriate unit. We
shall consider these exclusions by departments.'
1. Commercial department
All parties agree, and we find, that the superintendent, sales man-
ager, city commercial manager, manager of delivery department, chief
bookkeeper, chief clerk, cashier, confidential clerk to superintendent,
and night manager of main office, should be excluded from the
unit.
The positions of all parties with respect to messengers at the Mil-
waukee office is similar to their positions with respect to messengers
in the Chicago office. For the reasons indicated' in the Chicago case
above, we shall include regular messengers in the unit.
All the unions would exclude from the unit the delivery clerk.
He is in complete charge of hiring messengers at the Milwaukee
office. We shall exclude the delivery clerk from the unit.
All unions ask that Grimm be excluded from the unit. He super-
vises the operations of the delivery department and as a part of
his regular -duties makes. recommendations to the delivery manager
with respect to the conduct of the messengers. We shall exclude
Grimm from the unit.
The A. C. A. asks that Toner be excluded from the unit; and the
C. T. U. and the Independent that he be included. He. merely has
the duty of reporting infraction of rules by messengers and assigns
work to them. We shall include Toner in the unit.
The A. C. A. asked that Reinarz be excluded from the unit, and
the C. T. U. and the Independent that he be included. He is in charge
of messengers at night and reports infractions of rules by them.
Under the circumstances, we shall exclude Reinarz from the unit.
7 See Footnote 4, supra.
8 Unless otherwise indicated, the Company took no position with respect to any em-
ployee , the inclusion or exclusion of whom was a matter of disagreement among the unions.
822 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Traffic department
All parties agree to exclude the following : traffic manager, night
traffic manager, telephone supervisor, testing and regulating chief,
automatic chief, and chief clerk. They are supervisory employees
and we shall accordingly exclude them.
All the unions would exclude from the unit the Morse supervisor
and routing supervisor. These employees supervise the work of em-
ployees under them, arrange their tours of work, and report infractions
of rules by them. We shall exclude the Morse supervisor and routing
supervisor from the unit.
The A. C. A. and Independent urge that the automatic supervisor
be excluded from the unit, and the C. T. U. that he be included. He
reports infractions of rules by employees working under him and has
the duty to see that traffic flows properly through the automatic
machines. He only performs manual labor during emergencies and
receives approximately $40 more per month than the persons working
under him. We shall exclude the automatic supervisor from the
unit.
7'eleprint supervisor. The A. C. A. and the Independent urge
that the teleprint supervisor be excluded from the unit, the C. T. U.
that he be included in the unit. He supervises the work of 27 persons
and reports infractions of rules by them. He receives $80 more per
month than employees working under him. We shall exclude the
teleprint supervisor from the unit. '
3. Plant department
All.parties agreeing that the city foreman is a supervisory employee,
we shall exclude him from the unit.
We find that all -employees in the commercial, traffic, and plant
departments at the Milwaukee office of the Company, including regu-
lar messengers and Toner, but excluding employees listed in Appendix
D,° and temporary employees, constitute a unit appropriate for the
purposes of collective bargaining and that said unit will insure to
employees of the Company the full benefit of their right to self -organi-
zation and to collective bargaining and otherwise effectuate the policies
of the Act.
C. ,Fort Wayne
All parties agreed that the unit appropriate for collective bargain-
ing should be confined to employees at the Fort Wayne office of the
Company. The Independent did not intervene or participate in the
6 Appendix D-lists ' those employees we have found hereinabove should be excluded from
the unit at Milwaukee.
THE WESTERN UNION TELEGRAPH COMPANY 823
proceedings involving the Fort Wayne office . No reason appears
which warrants a departure from the unit agreed to by the parties.lo
We find that a collective bargaining unit limited to employees at the
Fort Wayne office of the 'Company" is appropriate.
Questions arose at the hearing concerning the exclusion of certain
supervisory and other employees from the appropriate unit. We
shall consider these exclusions by departments.
1. Commercial department
The C. T. U., the A. C. A., and the Company agreed, and we find,
that the manager and confidential clerk should be excluded from the
unit.
Messengers. The parties took the same position in regard to mes-
sengers at the Fort Wayne office as outlined above in the Chicago
case. For the reasons indicated in that case, we shall include the
messengers in the unit.
Cashier. All the parties urge that the cashier be excluded from
the unit. The cashier supervises the collection of accounts and the
Company contends that the nature of her work bears a very close
relationship to the management. She is considered the hub of the
office. Under the circumstances, we shall exclude the cashier from
the unit.
C. S. Nash is classified by the Company as a delivery clerk. The
C. T. U. and the A. C. A. urge that he be excluded from the unit.
The Company took no position with respect to this employee. He
has general supervision of deliveries, assigns messengers to their
tours of duty, reports infractions of regulations by messengers, and
is consulted on pay raises with respect to messengers. We shall
exclude C. S. Nash from the unit.
2. Traffic department
All parties agreeing that their duties are supervisory and confi-
dential, respectively, we shall exclude the chief operator and con-
fidential clerk from the unit.
We find that all employees in the commercial, traffic, and, plant
departments at the Fort Wayne office of the Company, including
regular messengers, but excluding the manager, confidential clerk,
cashier, and delivery clerk in the commercial department; the chief
operator and confidential clerk in the traffic department; and tem-
porary employees, constitute a unit appropriate for the purposes of
collective bargaining and that said unit will insure to employees of
"See footnote 4, supra.
824 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Company the full benefit of their right to self-organization and
to collective bargaining and will otherwise effectuate the policies of
the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation which have
arisen can best be resolved by the holding of elections by secret ballot.
At the hearing, pursuant to notice thereof, evidence was taken on
the issue of whether the Independent is a successor to or continuation
of the A. W. U. E. In substance, that evidence discloses that after
the Board ordered the A. W. U. E. disestablished in November 1939
the topic of discussion at numerous meetings of the Advisory Council,
which was made up of officers of the A. W. U. E., was the Board's
order. Many of the persons present at the Advisory Council meet-
ings desired to discard the A. W. U. E. and set, up a new independent
union. Others did not want to take any action until an appeal had
been taken from the Board's order.
During April 1940 several employees of the Company contacted
Edwin R. Hackett, who was general counsel for several independent
telephone workers unions and asked for his advice in the matter of
setting up an independent union. On April 26, 1940, at a meeting
called by employees of the Company, persons attending set up the
Telegraph Workers Organizing Committee, which held meetings and
thereafter formed the Independent. Hackett was duly elected presi-
dent of the Independent and was serving in that capacity at the
time of the hearing. It appears that the executive officers of the
A. W.. U. E. opposed the formation of the Independent and requested
its officers to remain loyal to the A. W. U. E. The record indicates
that the Independent was financed from its inception by personal
contributions from employees and by collections taken at mass meet-
ings of employees of the Company. It does not appear that the
Company rendered any assistance of any kind to the Independent.
The A. W. U. E. was still in existence when the Independent was
formed and the Independent conducted a campaign by literature
and meetings, setting out its opposition to the A. W. U. E. None
of the assets or properties of the A. W. U. E. were acquired or
utilized by the Independent. Of the 38 individuals who acted as
members of the organizing committee, or who are officers in the
Independent, 11 had held office in the A. W. U. E. However the
employees of the Company could not have believed that the Inde-
pendent was a successor to or a continuation of the A. W. U. E.,
since the A. W. U. E. continued in existence during the formation
of the Independent and the Independent was acknowledged by it
THE WESTERN UNION TELEGRAPH COMPANY 825
publicly as being a rival organization 11 On the record presented,
we do not find that the Independent is a successor to or continuation
of the A. W. U. E. Further, we are satisfied and find that under all
the circumstances of. this case hereinabove discussed, there may now
be a free choice of representatives by the Company's employees. The
name of the Independent will be placed on the ballot for the Chicago
and Milwaukee units in which the Independent has a substantial
interest.
At the hearing, the parties agreed that the Company's pay roll
immediately preceding the date of the Direction of Elections should
be used to determine eligibility to vote in the elections. We construe
the agreement to include such limitations and additions as are usually
set forth in our Direction of Elections. As thus construed, we see
no reason to depart from the wishes of the parties and we shall direct
accordingly.
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. Questions affecting commerce have arisen concerning the repre-
sentation of employees at the Chicago, Illinois, Milwaukee, Wiscon-
sin, and Fort Wayne, Indiana, offices of The Western Union Tele-
graph Company, within the meaning of Section 9 (c) and Section
.2 (6) and (7) of the National Labor Relations Act.
2. All employees in the commercial, traffic, plant, and accounting
departments at the Chicago office of the Company, including em-
ployees listed in Appendix B, but excluding- employees listed in
Appendices A and C '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. All employees in the commercial, traffic, and plant departments
at the Milwaukee office of the Company, including regular messengers
and Toner, but excluding employees listed in Appendix D and tem-
porary employees, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
4. All employees in the commercial, traffic, and plant departments
at the Fort Wayne office of the Company, including regular mes-
. i' On August 20, 1940, the United States Circuit Court of Appeals for the Second Circuit
entered its decree enforcing the Board ' s order of disestablishment of the A. W.. U. E.
(113 F. ( 2d) 992 ). Thereafter , the Company posted notices and withdrew recognition
from the A . W. U. E. in conformity with the order . The record does not disclose the
subsequent history of the A. W. U. E. However , as heretofore indicated , the Independent
was a functioning labor organization , competing with the A. W: U. E. at the time of
the Circuit Court decree. .
826 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sengers, but excluding the manager, confidential clerk, cashier, and
delivery clerk in the commercial department; chief operator and
confidential clerk in the traffic department; and temporary employees,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National Labor
Relations Act.
DIRECTION OF ELECTIONS
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, 49 Stat. 449, 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 Telegraph Company, elections 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 super-
vision of the Regional Director for the Thirteenth 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 :
1. All employees in the commercial, traffic, plant, and accounting
departments at the Chicago office of the Company who were employed
during the pay-roll period immediately preceding the date of this
Direction, including employees listed in Appendix B 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 employees listed
in Appendices A and C, temporary employees, and employees who
have since quit or been discharged for cause, to determine whether.they
desire to be represented by Telegraph Workers Independent Union,
or by Commercial Telegraphers Union, Western Union Local No. 1,
affiliated with the American Federation of Labor, or by American
Communications Association, affiliated with the Congress of Indus-
trial Organizations, for the purposes of collective bargaining, or by
none of said organizations.
2. All employees in the commercial, traffic, and plant departments
at the Milwaukee office of the Company who were employed during
the pay-roll period immediately preceding the date of, this Direction,
including regular messengers, Toner, and employees who did not
work during said 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 employees listed in Appendix D,
temporary employees, and employees who have since quit or been
THE WESTERN UNION TELEGRAPH COMPANY - 827
discharged for cause, to determine whether they desire to be repre-
sented by Telegraph Workers Independent Union, or by Local Union
No. 2, Western Union Division of Commercial Telegraphers Union,
affiliated with the American Federation of Labor, . or by American
Communications Association , affiliated with the Congress of Indus-
trial Organizations , for the purposes of collective bargaining, or by
none of said organizations.
3. All employees in the commercial , traffic, and plant departments
at the Fort Wayne office of the Company who were employed during
the pay-roll period immediately preceding the date of this Direction,
including regular 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 manager , confidential clerk, cashier, and
delivery clerk in the commercial department ; chief operator and
confidential clerk in the traffic department ; temporary employees, and
employees who have since quit or been discharged for cause, to de-
termine whether they desire to be represented by Commercial Tele-
graphers Union, Western Union Local No. 94 , affiliated with the
American Federation of Labor, or by American Communications
Association , affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining , or by neither.
APPENDIX A
General Manager's O face
General Manager.
Division Sales Manager.
Division Commercial. Managers.
Chief Clerk.
Assistant Chief Clerk.
General Manager's Private Secre-
tary.
Clerk in charge of Office Leases,
Lay-outs, Agencies, etc.
Clerk in charge of Railroad Con-
tracts, Telephone Companies,
etc.
Clerk in charge of Disbursement
. Section.
Clerk in charge of System and
Methods Section.
Clerk in charge of Terminal Han-
dling Section.
Clerk in charge of Addressograph
Bureau.
G. J. Marcipan.
Clerk in charge of Sales Section.
Clerk in charge of Operations and
Personnel Section.
Division Sales Representatives.
First District Offices
District Superintendent.
District . Sales Manager.
Chief Clerk.,
Relief Managers.
828
Third District Offices
District Superintendent. Chief Clerk.
District Sales Manager. Relief Managers.
District Manager.
Division Traffic Superintendent's O ffcce
Division Traffic Superintendent. Assistant to Division Traffic Engi-
Assistant Division Traffic Super- neer.
intendent. Traffic Accountant.
Division Traffic Supervisors. Division Engineer Assistants.
Division T & R Chief. Confidential Stenographer.
Division Traffic Engineer. Dispatcher.
Chief Clerk. Night Dispatchers.
Division Traffic Inspectors.
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Division Plant Superintendent 's 0 ffice
Division
Division
nance.
Division
Division
ment.
Plant Superintendent.
Supervisor of Mainte-
Chief Clerk.
Maintenance Supervisor.
Construction Supervisor.
Equipment Supervisor.
Ticker Supervisor.
Building Supervisor.
Supervisors.
Maintenance Foreman.
Supervisor of Lines.
Supervisor of Equip-
Division Ticker Supervisor.
Division Plant Engineer.
Division Valuation and Tax Engi- General Foreman.
veer. Chief Inspectors.
Division Auditor's Office
Division Auditor. Accounting Section Supervisor.
Chief Accountant. Money Order Supervisor.
Supervisor of Accounting Centers. Authorization Clerks.
Chief Traveling Auditor. Service Record Clerk.
Traveling Auditors. Confidential Stenographer.
Plant Accountant.
APPENDIX B
Regular Messengers. Building Force Employees.
T & R Students. Divisional Stores Employees.
Divisional and District Head- Equipment Construction Force.
quarters Employees.
THE WESTERN UNION TELEGRAPH COMPANY
APPENDIX C
Commercial Department
Superintendent.
Assistant Superintendent.
.City Commercial Managers.
Sales Managers.
Chief Clerks.
Manager of Credits and Collec-
tions.
Manager Delivery Department.
Assistant Delivery Manager.
Cashier.
Superintendent's Confidential
Clerk.
829
Clerks in charge of Messenger
Personnel.
Clerk in charge of Messenger
Assignment.
Radcliff..
Schroeder.
W. Rich.
L. D. Gallaher.
G. P. Kirscht.
Joseph Pope.
J. E. Meyers.
E. R. Bartosek.
Distribution Messengers.
Traffic Department
't'raffic Manager.
Night Traffic Managers.
Assistant Traffic Managers.
Chief Operator Board of Trade.
T. & R. Chief.
Automatic Chief.
Emit Supervisor.
Senior Supervisors.
Monitors.
Instructors.
Wire Chief.
Repeater Chief.
Section Supervisors.
Clerical Supervisors.
Confidential Clerk to Traffic Man-
ager.
Metropolitan Plant
tendent.
Maintenance Foremen.
City Foremen.
Confidential Stenographer
Traffic Manager.
Restaurant Manager.
Assistant Restaurant Manager.
Morse Supervisors.
Automatic Supervisors.
Teleprint Supervisors.
Telephone Supervisors.
Routing, Supervisors.
Service Supervisors.
C & D Supervisors.
Mark Taylor.
May Miller.
Catherine Dellmore.
Carlson.
Lopresti.
Semmerling. _
Plant Department
Superin- Ticker Supervisor.
Cable Foremen.
Chief Inspector.
Confidential Clerk.
830 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Building Forces
Equipment Foremen. Forewoman.
Head Engineer. Head Janitor.
Equipment Cons truetion. Forces
Equipment Foremen. Tube Maintainer Foremen..
Special Foremen.
Division Stores
Division Storekeeper. Depot Manager.
Assistant Division Storekeeper.
Accounting Department
Accounting Center Manager. Supervisors who can recommend
Assistant Accounting Center Hiring and Discharge.
Manager.
All employees.
All employees.
Warehouse
Line Gang Forces
APPENDIX D
Commercial Department
Superintendent.
Sales Manager.
City Commercial Manager.
Manager Delivery Department.
Chief Bookkeeper.
Chief Clerk.
Cashier.
Confidential Clerk to Superin-
tendent.
Night Manager of Main Office.
Delivery Clerk.
Grimm.
Reinarz.
Distribution Messengers.
Traffic Department"
Traffic Manager. Chief Clerk.
Night Traffic Manager. Morse Supervisor.
Telephone Supervisor. Automatic Supervisor.
Testing and Regulating Chief. Teleprint Supervisor.
Automatic Chief. Routing Supervisor.
THE WESTERN UNION TELEGRAPH COMPANY
Plant Department
831
City Foreman.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Elections.