The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Nov 17, 1941

36 N.L.R.B. 1019 (N.L.R.B. 1941)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
TELEGRAPH WORKERS FEDERAL LABOR UNION No. 22679, TuLsA
CHAPTER
Case No.- B-3106.-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 Tulsa, Okla.,
office, including regular and part-time messengers, but excluding the superin-
tendent, manager of delivery 'department, sales manager, chief clerk, 'chief
operators, automatic chief, city foreman, and temporary employees.
Mr. C. J. Inge 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 Or 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, Tulsa,
Oklahoma, herein called the Company, and requesting an investiga-
tion 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 the National Labor Relations Board
Rules and, Regulations-Series 2, as amended, ordered an investiga-
tion and authorized the Regional Director to conduct it and to pro-
vide for an appropriate hearing upon. due notice.
36 N. L. R. B., No. 209..
1019
1020 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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 interstate,
intrastate, 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 .Tulsa, Oklahoma, 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, Tulsa Chap-
ter;. is a -labor organization affiliated with the American Federation
ofLabor. It admits to membership employees. at the Tulsa, Okla-
lioma, 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.
THE WESTERN UNION TELEGRAPH COMPANY 1021
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 state-
ment of the. Trial Examiner. made during the hearing shows that
Local 226.79 represents It 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 all employees at the
Tulsa office of the Company, excluding the superintendent, manager
of delivery department, sales manager, chief clerk, chief operators,
automatic chief, and city foreman, constitute an.. appropriate unit.2
The C. T. U. stated that it. did not claim any employees at the Tulsa
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,tiirn-over among. them every month. It appears that' they work
every week. For the reasons indicated in our decision iri.the Chicago
case I we find that regular and part-time messengers at the Tulsa 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.
'The Trial Examiner , stated that Local 22679' presented. membership cards ' signed by
62 persons who appear on the Company ' s pay roll for'the Tulsa office. There are 136
employees at the Tulsa 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. Tulsa, . as. separate.
,,bargaining units..
a'Matter
.
o of The Western union Telegraph'Company and Telegraph Workers independent
Union, et at., 36 N . L.,R. B., No. 172.
1022 DECISIONS OF NATIONAL LABOR RELATIONS ,BOARD
Temporary:elnployees. 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- tile, ulit.
We find 'that all-. employees at the Tulsa office of the Company,
including regular and part-time messengers, bu£'excl'udiiig the`supe'r-
intendent; manager of delivery department, sales manager, chief clerk,
chief : operators, automatic chief; city foreman, and temporary em-
ployees, 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
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, concerniilg 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
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 :
CONCLusio s OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Western Union Telegraph Company,
Tulsa, Oklahoma, within the,meaning of Section 9 (c) and Section
2 (6) and (7) of the. National Labor Relations Act.
2. All employees at time Tulsa office of the Company, including
regular and part-time messengers, but excluding the superintendent,
manager of delivery department, sales manager, chief clerk, chief
.operators, automatic chief, city foreman, 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.
* See Matter of Armour ct Company and United Packinghouse Workers, Local Industrial
Union, No. 13, of. Packinghouse Workers Organizing Committee , affiliated with C. I. D.,
13 N. L. R . B. 567.
THE WESTERN UNION TELEGRAPH COMPANY 1023
DIRECTION OF ELECTION
By virtue of and pursuant to the powei ` 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, Tulsa, Oklahoma, 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 Six-
teenth 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 Tulsa 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 ..payroll
period because they. were ill or oii.vacation or in'the active' military
service or training of the United States, or tempora.vily laid- --off, but
excluding the superintendent, manager of delivery department, 'sales
manager, chief clerk, chief operators, automatic chiefcity foreman,
temporary employees, and employees who have since quit'or been dis-
charged for cause, to determine ' whether or not they desire to be
represented by Telegraph Workers Federal Labor Union No. 22679,
Tulsa Chapter, affiliated, with the American Federation of Labor, -for
the purposes of collective bargaining.
MR. GERARD D. REILLY took nO part'iii the consideration of the above
Decision and Direction of Election... , .