The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Nov 18, 1941

36 N.L.R.B. 1046 (N.L.R.B. 1941)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
TELEGRAPH WORKERS FEDERAL LABOR UNION No. 22679, GALVESTON
CHAPTER
Case No. R-3107.-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 Galveston,
Texas office, including regular and part-time messengers, but excluding the
superintendent, manager of delivery department, chief operators, and tempo-
rary 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
STATEMENT OF THE CASE
On 'May 5, 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, Galveston,
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 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 au-
thorized the Regional Director-to conduct it and to provide for an
appropriate hearing upon due notice.
36 N. L. R. B., No. 214. -,
1046
THE WESTERN UNION TELEGRAPH COMPANY 1047
On September 10, 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 Clif-
ford W. Potter, the Trial Examiner duly designated by the Chief Trial
Examiner. The Company , Local 22679 , and the C. T. U. were rep-
resented and participated in the hearing . American Communications
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 corpora-
tion 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 Com-
pany owns and/or operates 214,200 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 Galveston , Texas , with which we are here
concerned . It admits that it is engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Telegraph Workers Federal Labor Union No. 22679, Galveston
Chapter, is a labor organization affiliated with the American Fed-
eration of Labor. It admits to membership employees at the
Galveston, Texas, office of the Company.
1048 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
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.
W. 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
Galveston office of the Company, excluding the superintendent, man-
ager of delivery department, and chief operators, constitute an
appropriate unit.2 The C. T. U. stated that it did not claim any
employees at the Galveston 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
messengers 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 of them every month. They work
every week. For the reasons indicated in our decision in the Chicago
i The Trial Examiner stated that Local 2267 9 presented membeiship cards signed by 24
persons who appear on the Company 's pay roll for the Galveston office. There are 56
employees at the Galveston 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 Galveston , as separate
bargaining units.
THE WESTERN UNION TELEGRAPH COMPANY 1049
case 3 we find that regular and part-time messengers at the Galveston
office should be included in the unit.
Local 22679 urge's 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 circum-
stances, we shall exclude temporary employees from the unit.
We find that all employees at the Galveston office of the Company,
including regular and part-time messengers, but excluding the super-
intendent, manager of delivery department, chief operators, 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 DETERDIINATION 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
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.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 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:
CoN CLusIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Western Union Telegraph Company,
Galveston, Texas, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
9 Matter of The Western Union Telegraph Company and Telegraph Workers Independent
Union, et at., 36 N L R B 812
4 See Matter of Armour h Company and United Packinghouse Woikers, Local Industrial
Union, No 13, of Packinghouse Workers Organizing Committee, affiliated with C I O,
13 N L R B 567.
1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. All employees at the Galveston office of the Company, including
regular and part-time messengers, but excluding the superintendent,
manager of delivery department, chief operators, and temporary em-
ployees, 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 Rela-
tions 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, Galveston, 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
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 Regulations, among all employees at the Galveston office
of the Company who were employed during the pay-roll period im-
mediately 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 de-
partment, chief operators, temporary employees, and employees who
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, Galveston 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.