The Western Union Telegraph Co.

National Labor Relations Board - Board DecisionsNov 21, 1941

36 N.L.R.B. 1165 (N.L.R.B. 1941)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and TELEGRAPH WORKERS FEDERAL LABOR UNION No. 22679, DALLAS CHAPTER Case No.R-3101.-Decided November 21, 1941 Jurisdiction : telegraph industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord union recognition ; election necessary Unit Appropriate for Collective Bargaining : all employees in the commercial, traffic, accounting, stores, and plant departments at the Dallas, Texas, office of the Company, including regular and part-time messengers and relief man- agers, but excluding floating gang employees and other specific classes of 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. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 24, 1941, Telegraph Workers Federal Labor Union No. 22679, 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- representation of employees of The Western Union Telegraph Company, Dallas, Texas, 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 September 26, 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. 238. 1165 1166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A hearing was held on September 25, 26, and 29, 1941, at Dallas, Texas, before Clifford W. Potter, the Trial Examiner duly designated by the Chief Trial Examiner. All the parties waived formal notice of hearing. The Company and Local 22679 were represented and participated in the hearing. Full opportunity to be heard, to ex- amine 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 re- viewed these rulings and finds that no prejudicial errors were com- mitted. 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 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 Stales and in various foreign countries in the receiving and transmission by telegraph and cable of intrastate, in- terstate, 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 Dallas, Texas, with which we are here concerned. It admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED Telegraph Workers Federal Labor Union- No. 22679, Dallas Chap- ter, is a labor organization affiliated with the American Federation of Labor. It admits to membership- employees at the Dallas, Texas, office 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 THE WESTERN UNION TELEGRAPH COMPANY 1167 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 the unit appropriate for collective bargaining should include all employees of the Company working at Dallas, Texas. This would include divisional and district headquarters' employees of the Company who have their offices in Dallas in addition to those employees whose duties are confined to the local operations of the Dallas office. Since the divisional and district headquarters' employees in many instances work in the same building, under the same conditions of employment, and perform duties similar to those of employees confined to Dallas operations. we find no reason for a departure from the unit agreed to by the parties.2 We find that the collective bargaining unit limited to em- ployees in the metropolitan Dallas area,- including divisional and district headquarters" employees, is appropriate .3 Local 22679 and the Company agreed to exclude the general man- ager, chief clerk, division commercial manager, district manager, division sales manager, division sales representative, and confidential clerks in the divisional headquarters' offices; district superintendents, district manager, district sales managers and commercial representa- tives in the `district headquarters' offices; city superintendent, city commercial manager, cashier, manager distribution department, sales manager, manager delivery department, superintendents' confidential, clerks in commercial department; division auditor, chief accountant, ''The Trial Examiner stated that Local 22679 presented membership cards signed by 683 persons who appear on the Company ' s pay roll for the Dallas otlce There are 1,182 employees at the Dallas ofhce 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 Dallas, as separate bargain- ing units - -- - - 3See Matter of The Western Union Telettiaph Company and Telegiaph 117oiAers Inde- pendent Union et a1, 36 N . L R B 812. 1168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD supervisor, supervisor of accounting center and traveling auditors in the division auditors' department; manager and assistant man- ager in the accounting center; division supervisor in the purchasing and stores department; division traffic superintendent, division traf- fic wire chief, division traffic engineer, division traffic supervisor, division traffic inspectors, chief clerk, dispatcher, division engineer- ing assistants, and division traffic accountant in the division traffic department; traffic manager, T. &,R. chief, assistant chief operators, automatic chief, chief clerk, night traffic managers, and wire chief in the Dallas traffic department; division supervisors of lines, divi- sion supervisor of equipment, division ticker supervisor, division plant engineer, valuation and tax engineer, chief clerk, maintenance foremen, equipment supervisor, building supervisor, general fore- men, chief inspector, foremen, gang foremen, city foremen, shop foremen, and assistant foremen in the division plant department; from the unit. These employees are clearly supervisory or confi- dential employees and in accordance with our usual practice we shall exclude them. The only controversy with respect to the unit concerns messengers and relief managers. 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 messengers presented in connection with the case involving the Chi- cago office of the Company. Part-time messengers work a few hours per week and there is a 50 per cent turnover among them every month. It appears that the Company regularly makes use of part- time messengers. For the reasons indicated in our decision in the Chicago case,4 we find that regular and part-time messengers at the Dallas 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. The relief managers are carried on the pay roll of the district super- intendents located at Dallas. These employees are sent out to relieve managers in various district offices of the Company employing from two to five persons. Local 22679 urges that such employees be included in the unit and the Company that they be excluded. The Company contends that such employees represent the management in the various 4 Hatter of The Western Union Telegraph Company and Telegraph Workers Independent Union, et al , 36 N L. R B 812 THE WESTERN UNION TELEGRAPH COMPANY 1169 localities in ,which they work and have the authority 'to 'hire'•and discharge- messengers.' It appears from record, that managers, of offices employing from 2 to 5 employees spend 70 to 80 percent of their time actually doing production work. Although the managers do have authority to hire and discharge messengers, the managers and the other employees at the district offices are under the supervision of a district superintendent. The local managers have no authority to settle grievances and it appears that representatives of Local 22679 have discussed grievances with the Company on behalf of local man- agers. Under the circumstances, we find that the relief managers on the district superintendents' pay roll at Dallas should be included in the unit. The Company has employees known as the floating gang. Local 22679 and the Company agree that such employees should be included in the unit. These persons are part of the divisional plant department and they work in all sections of the Company's Gulf Division which comprises several States and spend a majority of their time outside of Dallas. Dallas is considered their home office and they are paid out of that office. Inasmuch as they work all over the Gulf Division and spend a majority of their time outside of Dallas, we shall, in conformity with other decisions involving the Company, exclude float- ing gang employees from the unit.5 We find that all employees in the commercial, traffic, accounting, stores, and plant departments at the Dallas office of the Company, including regular and part-time messengers and relief managers, but excluding floating gang employees and employees listed in Appendix A, constitute a unit appropriate for the purposes of -collective bar- gaining 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 OP 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 determining 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 election by, secret ballot.(' c See ,Matter of, The,JVestern Union Telegraph Company and Telegraph Workers Inde- pendent ' Union, et at , 36 N L R B 812. 9 See Matter of Armour t Company and United Packinghouse Workers, Local Industiial Union, No 13, of Paclinglioiise Woil.ers Organizing Com)ihttee, affiliated with the C 1 0 , 13 N L R B 567 433118-42-vol 36-75 .1170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 coiicerning the repre- sentation of employees of The Western Union Telegraph Company, Dallas, Texas, 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, accounting, and stores departments at the Dallas office of the Company, including regular and part-time messengers and relief managers, but excluding floating gang employees, employees listed in Appendix A, and tempo- rary 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 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 , Dallas , Texas , an elec- tion 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 in the commercial ; traffic , plant, accounting, and stores departments at the Dallas office of the Coniptiily who were employed during the piy-roll period immediately preceding the date of this Direction , including regular and part-time messengers , relief managers , 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 floating gang employees , employees listed in Appendix A, temporary employees , and, employees who have since quit or been dis- THE WESTERN UNI'ON TELEGRAPH COMPANY ,`117;1 charged for cause, to determine whether or not they desire to be repre- sented by Telegraph Workers' Federal Labor Union No. 22679, Dallas Chapter, affiliated with the American Federation' of 'Labor, for the e 'bargaining.purposes of collectiv APPENDIX A Divisional Headquarters 'Offices General Manager Chief Clerk Division Commercial Man- agers District Manager Division Sales Manager Division Sales Represent- , atives . Confidential Clerks, District Headquarters Offices District Superintendents C o m in e r i a 1 Repre- District Manager sentatives - District'Sales Manager x Dallas Commercial Department U City Superintendent Sales Manager City Commercial Manager Manager Delivery Depart- Cashier ment ` - Manager Distribution De- Superintendent's Confiden- partment tial Clerks Division Auditor Department Division Auditor Supervisor of Accounting Chief Accountant Center Supervisor Traveling Auditors Dallas Accounting Center Manager Assistant Manager Purchasing and Stores Department Division Supervisor Division Trage Department Traffic Superintendent Chief Clerk Traffic Wire Chief Dispatchers Traffic Engineer Engineer Assistants Traffic Supervisor Traffic Accountants Traffic Inspectors -fl72` DECISIONS OF NATIONAL LABOR RELATIONS BOARD .: -Dallas ^Tralc-Department== _ Traffic`- Manager Chief Clerk - T &"R`Chief Night Traffic Managers Assistant Chief Operators Wire Chief Automatic Chief Division, Plant Department Plant Superintendent Supervisor of Maintenance Supervisor of Lines Supervisor of Equipment Ticker Supervisor Plant Engineer Valuation and Tax Engi neer Chief Clerk Maintenance Foremen Equipment Foremen Equipment Supervisor Building Supervisor General Foremen Chief Inspector Foremen Gang Foremen City Foremen Shop Foremen Assistant Fdremen^ MR. GERARD D. RErLLY took no part in the consideration of the above Decision and Direction of Election.