The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Nov 29, 1941

37 N.L.R.B. 166 (N.L.R.B. 1941)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and COM-
MERCIAL TELEGRAPHERS ' UNION, LOCAL #48, A. F. OF L.
Case No. R-3163-Decided November 29, 19 f1
Jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to grant union recognition until certified by the Board : elec-
tion necessary; employees with less than three months' service with the Com-
pany held, eligible to vote since they are not temporary, but are considered
by the Company as probational employees.
Unit Appropriate for Collective Bargaining : all employees in the traffic, com-
mercial, and accounting departments at the Los Angeles, California, office of
the -Company, including all branch managers,, monitors, and regular mes-
sengers, and excluding specific categories of employees
Mr. M. T. Cook, of San Francisco, Calif., for the Company.
Mr. A. H. Petersen and V. Dorothy 1'Veiman, of Los Angeles, Calif.,
for the C. T. U.
Mr. Bruce Risley, of San Francisco, Calif., for the A. C. A.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
11
STATEMENT OF TIIE CASE
On July 25, and September 4 and 11, 1941, respectively, Commercial
Telegraphers' Union, Local #48, A. F. of L., herein called the C. T. U.,
filed with the Regional Director for the Twenty-first Region (Los
Angeles, California) a petition and amended petitions alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of The Western Union Telegraph Company, Los
Angeles, California, 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 October 1, 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
37 N. L R. B, No. 22.
166
THE WESTERN UNION TELEGRAPH COMPANY 167
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice:
On October 13, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the C. T. U.,
and upon American Communications Association, herein called the
A. C. A. Pursuant to notice, a hearing was held on October 20, 1941,
at Los Angeles, California, before Maurice J. Nicoson, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany, the C. T. U., and the A. C. A. were represented and participated
in the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses , and to introduce evidence bearing on the issues was
•aforded'all'parties. During the course of the hearing the C. T. U.
moved to strike evidence adduced by the A. C. A. The Trial Exam-
iner reserved ruling thereon. The motion is hereby denied. 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.
On November 3, 1941, the A. C. ,A. filed a brief which the Board has
considered.
Upon- the lentire-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 through-
out 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 Company owns and/or oper-
ates 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 employed 51,153 persons.
The Company maintains an office at Los Angeles, California, with
which we are here concerned. It admits that it is engaged in commerce
within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Commercial Telegraphers' Union, Local #48, is a labor organization
affiliated with the American Federation of Labor. It admits to mem-
bership employees at the Los Angeles; California, office of the'Com-
pany.
168 DECISIONS .OF NATIONAL LABOR RELATIONS BOARD
American Communications Association is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the C. T. U. as exclusive repre-
sentative of its employees at Los Angeles until such time as the C. T.U.
is certified by the Board. A statement of the Trial Examiner during
the hearing shows that the C. T. U. 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 1 above, has a close, intimate, and substantial rela-
tion 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
The C. T. U. urges that all employees in the traffic, commercial, and
accounting departments at the Los Angeles office of the Company, in-
cluding 32-named branch managers, monitors, automatic supervisors,
telephone supervisors, distributing-center supervisors, and service-
department supervisors, but excluding confidential file clerks, confi-
dential secretaries, confidential stenographers, plant-department em-
ployees, "other employment" employees, nurse, supervisors in-the ac-
counting. section, 13-named branch managers, superintendent, chief
clerk in commercial department, manager of delivery department,
sales manager, city commercial manager, commercial representatives,
cashier, manager of credits and collections, personal-service repre-
sentatives, night manager, division traffic supervisor, traffic managers,
assistant chief operators, T. & R. chief, automatic chief, chief clerk in
traffic department, manager of accounting center, and distribution
messengers, constitute an appropriate unit. The only controversy
with respect to the unit concerns the 13-named 'branch managers,
'The Ttial Examiner repotted that the C . .T U presented authorization cards signed
by 559 persons whose names appear on the Company's pay roll for the Los Angeles office
There are 1456 employees at the Los Angeles office
THE WESTERN UNION TELEGRAPH COMPANY 169
plant-department employees, automatic supervisors, telephone super--
visors, distributing-center supervisors, and service-department super-
visors.2
Thirteen-named branch managers. The Company and the C.T. U.
urge that these employees be excluded from the unit and the A. C. A.
that they be included. As stated above, all the parties are in agree-
ment that 32 other branch managers should be' included in the unit.
The 13-named branch managers have authority to hire and discharge
messengers only. They have no such authority with respect to the
other employees at the branch offices. Under the circumstances and in
accordance with our usual practice, we shall include the 13-named
branch managers in the unit.
Plant-department employees. The Company urges that such em-
ployees be included in the unit and the C. T. U. that they be excluded.
The A. C. A. took no position with respect to these employees. Pur-
suant to a Decision and Direction of Election 3 issued by the Board,
an election was recently held among the plant-department employees
at' the Los Angeles, office to determine whether or not they desired to be
represented by International Brotherhood of Electrical Workers.
The results of that election show that a majority of the plant-depart-
ment employees voted to be represented by that organization and it
has been certified as such representative.4 Under these circumstances,
we find that the plant-department employees should be excluded from
the unit.
Automatic supe7visors, telephone supervisors, distributing-center
supervisors, service-department supervisors. The C. T. U. urges that
all such employees be included in the unit and the A. C. A. that they
be excluded. The Company took no position with respect to these
employees. These persons have from 12 to 18 employees working
under them and they receive a substantially higher salary than the
employees working under them. We shall exclude such employees
from the unit.
Messengers. The C. T. U. and the A. C. A. urge that regular
messengers be included in the unit. The Company points to the large
turn over of messengers and their immaturity and for these reasons
suggests that messengers be designated as a separate appropriate bar-
gaining unit or that messengers who have not been in the employ of
the Company for a substantial period of time be denied the right to
vote in an election. We are not persuaded by these contentions. The
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 Los Angeles, as separate
bargaining units.
3Matter of Western Union Telegraph Company and ,Commercial Telegraphers Union,
et al, 34 N L. R B, No. 77.
4 36 N. L . R. B. 945.
-170 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
interests of the,messengers with respect to wagesi-hour-s;.and working-
conditions are substantially similar to the interests of other employees
within the unit. We shall, therefore, include the regular messengers
in the units
Temporary employees. All the parties agree that temporary em-
ployees should be excluded from the unit. Under the circumstances
and in accordance with our usual practice, we shall exclude temporary
employees from the unit.,'
We find that all employees in the traffic, commercial, and accounting
departments at the Los Angeles office of the Company, including all
branch managers, monitors, and regular messengers, but excluding
plant-department employees, automatic supervisors, telephone super-
visors, distributing-center supervisors, service-department super-
visors, confidential file clerks, confidential secretaries, confidential
stenographers, "other employment" employees, nurse, supervisors in
the accounting section, superintendent, chief clerk in commercial
department, manager of delivery department, sales manager, city com-
mercial manager, commercial representatives, cashier, manager of
credits and collections, personal-service representatives, night man-
ager, division traffic 'supervisor, traffic managers, assistant chief
operators, T. & R. chief, automatic chief, chief clerk in traffic depart-
ment, manager of accounting center, distribution messengers, 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 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
A. C. A. stated at the hearing that it did not claim to represent any
employees at the Los Angeles office of the Company and did not wish
to appear on the ballot in the event the Board directs an election among
the employees at that office.
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.
5 See Hatter of The Western Union Telegiaph Company and Telegraph Workers Indus-
trial Union, et al, 36 N L R B 812.
The term "temporary employees" as used herein does not apply to probational em-
ployees (see Section VI, infra), but only to employees occasionally hired for the per-
formance of specific tasks with the knowledge that their work is to be temporary.
THE WESTERN UNION TELEGRAPH COMPANY 171
The C. T. U. urges that only employees who have been in the employ
of the Company for a period of 3 months at the date of the Direction
of Election should be eligible to vote. The A. C. A. stated that all
regular employees of the company should be allowed to vote in the
election irrespective of their length of service with the Company. It
appears that employees with less than 3 months' service with the Com-
pany are not temporary but are considered by the Company as proba-
tional employees . It is the Company 's intention to retain such
employees'on its pay roll after their 3 months' probational period and
their seniority rights are determined by the date of their entrance into
the service of the Company . We find that such employees are
entitled to participate in the determination of representatives.
Upori 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 repre-
sentation of employees of The Western Union Telegraph Company,
Los Angeles , California , within the meaning of Section 9 (c) and
Section 2 ( 6) and (7) of the National Labor Relations Act.
2. All employees in the traffic , commercial, and accounting depart-
ments at the Los Angeles office of the Company, including all branch
managers, monitors , and regular messengers , but excluding plant-
department employees, automatic supervisors , telephone supervisors,
distributing -center supervisors , service-department supervisors, confi-
dential file clerks , confidential secretaries , confidential stenographers,
"other employment" employees , nurse, supervisors in the accounting
section, superintendent , chief clerk in commercial department, man-
ager of delivery department , sales manager, city commercial manager,
commercial representatives , cashier, manager of credits and collections,
personal -service representatives , night manager , division traffic super-
visor, traffic managers, assistant chief operators , T. & R. chief, auto-
matic chief , chief clerk in traffic department , manager of accounting
center, distribution messengers , 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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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, Los Angeles, California,
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 Twenty-
first 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 in the traffic, commercial, and
accounting departments at the Los Angeles office of the Company who
were employed during the pay-roll period immediately preceding the
date of this Direction, including all branch managers, monitors, reg-
ular 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 plant-department employees, automatic supervisors, tele-
phone supervisors, distributing-center supervisors, service-department
supervisors, confidential file clerks, confidential secretaries, confiden-
tial stenographers, "other employment" employees, nurse, supervisors
in the accounting section, superintendent, chief clerk in commercial
department, manager of delivery department, sales manager, city com-
mercial manager, commercial representatives, cashier, manager of
credits and collections, personal-service representatives, night man-
ager, division traffic supervisor, traffic managers, assistant chief op-
erators, T. & R. chief, automatic chief, chief clerk in traffic department,
manager 'of accounting center, distribution messengers, temporary
employees,' 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, Local #48, affiliated with - the
American Federation of Labor, for the purposes of collective
bargaining.
7 See footnote 6, supra.