The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Nov 17, 1941

36 N.L.R.B. 1024 (N.L.R.B. 1941)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and TELE-
GRAPH WORKERS FEDERAL LABOR UNION No: 22679, NEW ORLEANS
CHAPTER
Case No. R-3110.-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 New Orleans,
Louisiana, office, including regular, and part-time messengers, but excluding
the superintendent, manager of delivery department, sales manager, chief
clerks, assistant chief operators, traffic managers, T. & R. chief, automatic chief,
city foreman, building supervisor, manager of accounting center, and tempo-
rary employees.
Mr. C. J. Inee 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 June 2, 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 repre-
sentation of employees of The Western Union Telegraph Company,
New Orleans, 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 June 27, 1941, the National Labor Relations Board, herein
called the Board, issued an order transferring this case to its Sixteenth
Region. On September 11, 1941, the Board, acting pursuant to Section
36 N. L. R. B., No. 21.0.
1024
THE WESTERN UNION TELEGRAPH COMPANY 1025
9 (c) of the Act and Article .III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 2, 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 25, 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 Communica-
tions 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 corpo-
ration 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 , inter-
state, 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 em-
ployed approximately 49,000 persons ., The Company maintains an
office at New Orleans, Louisiana , with which we are ' here concerned.
It admits that it is engaged in commerce within the meaning of the Act.
•m m t18-42-vol 36--66
1026 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT. THE ORGANIZATION INVOL\,I.D
Telegraph Workers Federal Labor Union No. 22679, New Orleans
.Chapter, is a labor organization affiliated with the American Federa-
tion of Labor. It admits to membership 'employees at the New
Orleans, Louisiana, office of the Company.
Commercial Telegraphers' Union Is a labor organization affiliated
with the American, Federation of Labor, admitting to menlberslup
employees of the Company.
ffi. 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 state-
ment of the Trial Examiner made during the bearing shows that Local
22679 represents a substantial nnnlber 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.
TV. THE EFFECT OF TIIE QUESTION CO_NGERNTNG 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 agree that all employees at the New
Orleans office of the Company , excluding the superintendent, man-
ager of delivery department , sales manager, chief clerks , traffic man-
agers , T. & R. chief, assistant chief operators , automatic chief, city
'foreman, building supervisor , and, manager of accounting center,
constitute all appropriate unt.z The C. T. U. stated that it did not
claim , any employees of the New Orleans office. The only controversy
with respect to the unit concerns messengers.
I The Trial Examiner stated that Local 22679 presented membership cards signed by
305 persons who appear on the Company's pay roll for the New Orleans office There
are 596 employees at the New Oileans 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 New Orleans, as separate
bargaining units
THE WESTERN: UNION" TELEGRAPH-COMPANY 1027
Local 22679 urges that regular messengers lie included in the-unit
but that part-tine 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. - 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-New Orleans office should
be included in the unit., '
Local 22679 urges that temporary employees be excluded from the
uit. 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 New -Orleans office of the Com-
pany,, including regular and part-time messengers, but excluding
the superintendent, manager of delivery department,, sales man-
ager, chief clerks, assistant chief operators, traffic managers, T. & R.
chief, automatic chief, city foreman,-building supervisor, manager of
accounting center, and temporary employees, constitute a unit ap-
propriate 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
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 de-
termining the wishes of its employees as to representation. Under
these circumstances, we find that the question concerning representa-
tion which has arisen can best be resolved by the, holding of an elec-
tion by secret ballot.4
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
'Matter of The Western Union Telegraph Company and Telegraph Workers Independent
-Union, et at ., 36 N. L R. B, No 172
* See Matter of Armour d Company and United Packinghouse Workers, Local Industrial
Union, No. 13, of Packronghouse Wor9,eis Organizing Committee, afjitiated faith C. I. 0
-13 N.,L. R. B,'367. - -
1028 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Direction of Election herein, subject to the limitations and addi-
tions 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 rep-
resentation of employees of The Western Union Telegraph Com-
pany, New Orleans, Louisiana, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the National Labor Relations Act.
2. All employees at the New Orleans office of the Company, in-
cluding regular and part-time messengers, but excluding the super-
intendent, manager of delivery department, sales manager, assistant
chief operators, chief clerks, T. & R. chief, traffic managers, city
foreman, automatic chief, building supervisor, manager of account-
ing center, 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.
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 Re-
lations 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, New Orleans, Louis-
iana, an election -by secret ballot shall be conducted as early as post.
Bible, but not later than thirty (30) days from the date of this Direc-
tion, under the direction and supervision of the Regional Director
for the Sixteenth Region, acting in this matter as agent for the Na-
tional Labor Relations Board and subject to Article III, Section 9,
of said Rules and Regulations, among all employees at the New Or-
leans office of the Company who were employed during the pay-roll
-period immediately ; preceding the date of this Direction, in-
cluding regular and- part-time messengers and employees who did
not work during such pay-roll period because they were ill or on va-
cation 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, assistant chief' oper.
ators, chief clerks, T. & R. chief, traffic managers, city foreman,'auto-
THE WESTERN UNION TELEGRAPH COMPANY 1029
matic chief, building supervisor, 'manager of accounting center, tem-
porary employees, and employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be rep-
resented by Telegraph Workers Federal Labor Union No. 22679,
New Orleans 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.