The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Nov 18, 1941

36 N.L.R.B. 1066 (N.L.R.B. 1941)

In the Matter of TIIE WESTERN UNION TELEGRAPH COMPA NY and
COIIDIE r cIAL TELEGRAPHERS' UNION
Case No. R-3210.-Decided November 18, 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, and plant departments at the Columbus, Ohio office of the Company,
including regular and regular part-time messengers and automatic chief,
but excluding the superintendent, sales manager, delivery manager, clerk to
superintendent, traffic manager, senior supervisor, T & R. chief, confidential
clerk to traffic manager, maintenance foreman, city foreman, clerk assistant
to delivery manager, chief bookkeeper, cashier, early night and late night
traffic managers, telephone supervisor, chief clerk in traffic department, and
temporary messengers.
Mr. E. R. Riddle, of Chicago, Ill., for the Company.
Mr. John C. Getreu and Mr. John Justice, of Columbus, Ohio, for
the C. T. U.
Mr. Louis Cokin. of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 7, 1941, Commercial Telegraphers' Union, herein called
the-C. T. U., filed with the Regional Director for the Ninth Region
(Cincinnati, Ohio) a petition alleging that a question affecting corn=
merce had arisen concerning the representation of employees of The
Western Union Telegraph Company, Columbus, Ohio, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, herein called the Act. On September 20,
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
36N L R L', No 218
1066
THE WESTERN UNION TELEGRAPH COMPANY 1067
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On October 17, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
C. T. U., and upon American Communications Association. Pur-
suant to notice, a hearing was held on October 24, 1941, at Columbus,
Ohio, before Harold Weston, the Trial Examiner duly designated
by the Chief Trial Examiner. The Company 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 made several rulings on
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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Wdstern 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, inter-
state, and international communications. In the operation of its
national and international communications' system, the Company owns
and/or operates 210,311 miles of pole lines, 4,082 miles of land-line
cable, 1,878,197 miles of wire. 30,312 nautical miles of ocean cable,
and '19,140 telegraph offices. At-the close of 1940, the Company em-
ployed approximately 51,153 persons. The Company maintains an
office at Columbus, Ohio, with which we are here concerned. It ad-
mits that it is engaged in commerce within the meaning of the Act.
IT. THE ORGANIZATION II VOLVED
Commercial Telegraphers' Union is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees at the Columbus office of the -Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 6, 1941, the C. T. U. requested the Company to rec-
ognize it as the exclusive representative of the employees at the
Columbus office. The Company denied this request. A statement
of an attorney of the Board, introduced in evidence at the hearing,
1068 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shows that the C. T. U. represents a substantial number of em-
ployees 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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the C. T. U. agree that all employees in the
commercial, traffic, and plant departments at the Columbus office
of the Company, excluding the superintendent, sales manager, deliv-
ery manager, clerk to superintendent, traffic manager, senior super-
visor, T & R chief, confidential clerk to traffic manager, maintenance
foreman, and city foreman, constitute an appropriate unit.2 They
disagree, however, as to the disposition to be made of certain other
classes of employees. The Company urges that the chief clerk, auto-
matic chief, telephone supervisor, late night and early night traffic
managers, cashier, chief bookkeeper, and clerk assistant to delivery
manager be excluded from the unit and the C. T. U. contends that
all such employees should be included in the unit.
Cleric assistant to delivery manager. This employee hires and
discharges messengers and assigns tours of duties to them. In the
absence of the delivery manager he is in complete charge of the
delivery department. We shall exclude him from the unit.
Chief bookkeeper. This employee has four persons working under
him. He assigns their tours of duty, supervises their work, and
reports infractions of-rules by them. He is paid on a substantially
higher basis than the employees working under hun. We shall ex-
clude the bookkeeper from the unit.
Cashier. This employee is in complete charge of all employees
in the office who handle money. The cashier makes recommendations
as to the hire or discharge of employees, assigns employees to tours
'The attorney stated that the C T. U. presented membership cards signed by 159 poi-
sons who appear on the Company's pay roll for the Columbus office. Theie are 209
employees at the Columbus 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 Columbus, as separate
bargaining units
THE WESTERN UNION TELEGRAPH COMPANY 1069
of duty, and has access to confidential correspondence of the Com-
pany. We shall exclude the cashier from the unit.
Early night and late night trafc managers. These employees are
in complete charge of the Company's traffic department at night.
They are held responsible by the Company for discipline in the office
during their tours of duty, and they have the power to suspend em-
ployees temporarily. They receive a substantially higher rate of
pay than the employees working under them. We shall exclude them
from the unit.
Telephone supervisor. This employee is in complete charge of
the telephone room, arranges tours of duties for employees working
under her, and has the power to discipline such employees. We shall
exclude her from the unit.
Chief clerk in truffle department. This person is considered by
the Company as a confidential employee and handles correspondence
relating to personnel problems. In addition to these duties he also
hires office boys. We shall exclude him from the unit.
Automatic chief. This employee has only one helper working
under him. It appears from the record that the automatic chief
spends the majority of his time actually performing production work.
We shall include the automatic chief in the unit.
Messengers. The C. T. U. urges that regular and part-time regu-
lar messengers be included in the unit but that temporary messengers
be excluded from the unit. The Company 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. Regular part-time
messengers work fewer hours per week than the regular messengers
but work every week. For the reasons indicated in our decision in
the Chicago case,3 we find that regular and regular part-time mes-
sengers at the Columbus office should be included in the unit. The
C. T. U. urges that temporary messengers be excluded from the unit.
The Company took no position with respect to these employees.
Temporary messengers are hired solely for a temporary period of
time and are employed solely for specific jobs of short duration.
Under the circumstances, we shall exclude temporary messengers
from the unit.
We find that all employees in the conuuercial, traffic, and plant
departments at the Columbus office of the Company, including regu-
lar and regular part-time messengers and automatic chief, but ex-
cluding the superintendent, sales manager. delivery manager, clerk
to superintendent, traffic manager, senior supervisor, T & R chief,
3 Matter of The Western Union Telegraph company and Telegraph Workers' Independent
Union, et at, 36 N L R B 812
1070 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
confidential clerk to traffic manager, maintenance foreman, city fore-
man, clerk assistant to delivery manager, chief bookkeeper, cashier,
early night and late night traffic managers , telephone supervisor,
chief clerk in traffic department , and temporary messengers, con-
stitute 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 bargain-
ing and otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret ballot.
The C. T. U. urges that the pay roll of the Company for August 20,
1941, which was introduced into evidence at the hearing, be used to
determine eligibility to vote. It stated in support of its contention
that there has been a large turnover of personnel since the date of
that pay,roll. , The Company took no position with respect to, the
eligibility date. We are of the opinion that persons hired since
August 20, 1941, should not be deprived of the right to vote in the
election. We shall direct, in accordance with our usual practice, 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 concerning the reps e-
sentation of employees of The Western Union Telegraph -Company,
Columbus, Ohio, 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, and plant departments
at the Columbus office of the Company, including regular and regu-
lar part-time messengers and automatic chief, but excluding the super-
intendent , sales manager , delivery manager , clerk to superintendent,
traffic manager , senior supervisor, T & R chief , confidential clerk .to
traffic manager, maintenance foreman, city foreman , clerk assistant to
delivery manager, chief bookkeeper, cashier, early night and late night
traffic managers , telephone supervisor, chief clerk in traffic department,
and 'temporary messengers , constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (16
of the National Labor Relations Act.
THE WESTERN UNION TELEGRAPH COMPANY 1071•
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
t o ascertain representatives for the purposes of collective bargaining
with The Western Union Telegraph Company, Columbus , Ohio, 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 Ninth
Region, acting in this matter as agent for the National Labor Relations
Board and subject to Article III, Section 9, of said Rules and Regu-
lations , among all employees in the commercial , traffic, and plant de-
partments at the Columbus office of the Company who were employed
during the pay-roll period immediately preceding the date of this
Direction , including regular and regular part -time messengers, auto-
matic chief , 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 , sales manager, delivery manager, clerk
to superintendent , traffic manager , senior supervisor , T & R chief,
confidential clerk to traffic manager, maintenance foreman, city fore-
man, clerk assistant to delivery manager , chief bookkeeper , cashier,
early night and late night traffic managers , telephone supervisor,
chief clerk in traffic department , temporary messengers , and employees
who have since quit or been discharged for cause , to determine whether
or not they desire to be represented by Commercial Telegraphers'
Union, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.
1\hi GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.