The Western Union Telegraph Co.

National Labor Relations Board - Board DecisionsNov 29, 1941

37 N.L.R.B. 192 (N.L.R.B. 1941)

In the -latter of THE WESTERN UNION TELEGRAPH Co3IPANY and COMMUNICATIONS GUILD Case No. R-3287.-Decided November Â°29, 1941 Jurisdiction : telegraph industry. Investigation and Certification of Representatives : existence of question : dispute ,between labor unions, Company refuses to recognize either until one or the other is certified by the Board, election necessary Unit Appropriate for Collective Bargaining : all employees in the commercial, traffic, and plant departments at the metropolitan New Haven office of the Com- pany, including regular full-time and regular part-time messengers and part- time employees in the commercial department, and excluding specific categories of employees. Mr. William. T. Little, for the Board. Mr. David E. Krueger, of New York City, for the Company. illr. TW'illiammm J. Miller, of New Haven, Conn., for the Guild. Mr. Richard Hallett, of New York City, and Mr. Kenneth McCue, of New Haven, Conn., for the A. F. of L. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On July 24, 1941, Comni ulications Guild, herein called the Guild, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of The Western Union Telegraph Company, New Haven, Connecticut, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. On October 25, 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 3 N L. R B., No 29. 192 THE WESTERN UNION TELEGRAPH COMPANY ' 193 Director to conduct it and to provide for an appropriate hearing upon due notice. On November 3, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Guild, and upon Commercial Telegraphers' Union, Telegraph Em- ployees Federation of New York, American Communications Associa- ciation, Telegraph Workers Independent Union, and Telegraph Em- ployees Federation of N. J. Pursuant to notice, a hearing was held on November 11, 1941, at New Haven, Connecticut, before George Bokat, the Trial Examiner duly designated by the Chief Trial Exam- iner. At the commencement of the hearing the Trial Examiner granted a motion of the American Federation of Labor, herein called the A. F. of L., to intervene. The Board, the Company, the Guild, and the A. F. of L. were represented and participated in the hearing. American Communications Association, Telegraph Employees Fed- eration of New York, Commercial Telegraphers' Union, Telegraph Employees Federation of N. J., and Telegraph Workers Independent Union'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 Western Union Telegraph Company is a New York corporation 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 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-employed ap- proximately 51,153 persons . The Company maintains an office at New Haven, Connecticut, with which we are here concerned. It ad- mits that it is engaged in commerce within the meaning of the Act. 194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED The American Federation of Labor is a labor organization, admit- ting to membership employees at the New Haven, Connecticut, office of the Company. Communications Guild is an unaffiliated labor organization admit- ting to membership employees at the New Haven, Connecticut, office .of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Guild or the A. F. of L. as the exclusive representative of its employees at the New Haven office until such time as one or the other is certified by the Board. A state- ment of the Trial Examiner made during the hearing shows that the Guild and the A. F. of L. each represent a substantial number of em- ployees in the alleged appropriate unit.' 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 All parties agreed that the unit appropriate for collective bargain- ing should be confined to employees of the Company in the metropoli- tan New Haven area. No reason appears which warrants a departure from the unit agreed to by the parties.2 We find that a collective bargaining unit limited to employees in the metropolitan New Haven area is appropriate. The Guild and the A. F. of L. agreed that the unit should include employees in the commercial, traffic, and pTant departments. We find that the employees in the metropolitan New Haven area in the com- I The Trial Examiner reported that the A . F. of L. presented membership application cards bearing the names of 32 persons who appear on the Company ' s pay roll of November 10, 1941 Theie are approximately 65 employees on this pay roll who are in the alleged appropriate unit All the parties stipulated at the hearing that the Guild represents it substantial number of employees in the alleged appropriate unit 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 New IIaven , as separate appropriate bargaining units. THE WESTERN UNION TELEGRAPH COMPANY 195 mercial, traffic, and plant departments should be included in the unit. Questions arose at the hearing concerning the exclusion of certain supervisory and other employees from the appropriate unit. We shall consider these exclusions by departments. A. Commercial department All parties agreed to exclude the superintendent, manager of the delivery department, and cashier from the unit. They are clearly supervisory, employees and in accordance with our usual practice, we shall exclude them. The A. F. of L. would include in the unit and the Guild would exclude from the unit the commercial representative. This employee is the Company's outside sales representative and supervises the sales efforts of all employees in New Haven. He has the duty to recom- mend discipline with respect to employees engaged in sales efforts and his recommendations are normally followed by the Company. We shall exclude the commercial representatives from the unit. The A. F. of L. urges that the day telephone supervisor be included in the unit and the Guild and Company that she be excluded. This employee supervises 9 persons, assigns their hours of duty, and re- ports infractions of regulations by them. She spends approximately 50 per cent of her time performing supervisory functions. We shall exclude the day telephone supervisor from the unit. The A. F. of L. desires that the night manager be included in the unit and the Company and the Guild that he be excluded. He is in complete charge of the office in the absence of the manager and cluring his tour of duty he supervises messengers and night telephone operators. He has the authority to suspend messengers. We' shall exclude the night manager from the unit. The A. F. of L. urges that all regular full-time and regular part- time 3 messengers be included in the unit. The Guild contends that only regular full-time and regular part-time messengers who have been in the employ of the Company for a period of three months should be included in the unit. The position of the Company is the same as that set forth and considered in our decision in the Chicago Western Union case.4 For the reasons there stated we shall include regular full-time and regular part-time messengers in the unit. All parties agreed to exclude distribution and "other employment" employees from the unit. In accordance with our usual practice, we shall exclude such employees from the unit. 8 The regular part-time messengers are school boys who work daily after 'school and on Saturdays and Sundays 4Matter of The Western Union Telegraph Company and Telegraph Workers Independent Union, et al, 36 N. L. R B. 812 196 DECISIONS OF NATIONAL LABOR RELATIONrS,BOARD The Guild ' and the A. -F. of L . urge that part-time employees in the commercial department be included in the unit. The Company took no position with respect to these employees . The Company employs two persons in this department designated by it as part-time em- ployees. These persons were formerly employees of the Company and they are subject to call for emergency work at all times . One of them has worked for the Company every week -end since the early part of 1941 and the other has worked intermittently throughout the year. The Company regularly calls these persons in the event that it has any overflow ' work. We shall include the part -time employees in the com- mercial department in the unit. - B. Traffic department All parties agreeing that their duties are supervisory, we shall ex- clude the chief operator and early night chief operator from the unit. The A. F. of L. urges that the automatic supervisor be included, in the unit and the Company 'and the Guild that he be excluded. Al- though this employee ' does not have the power to hire or discharge, he has 12 employees working under him and is responsible for the main- tenance of discipline in his department . He spends approximately 50 per cent of his time performing supervisory functions . We shall eg- elude the automatic supervisor from the unit. The A. F. of L. urges that the assistant automatic chief be included in the unit and the Guild and the 'Company that he be excluded. This employee maintains equipment and spends about one hour a day per- forming supervisory duties . He has authority to sign the Company's pay roll and correspondence of the Company . In the course of his duties he has access to confidential personnel records of the Company. Under all the circumstances , we shall exclude the assistant automatic chief from the unit. C. Plant department All parties agreeing'that their duties are supervisory. we shall ex- clude the maintenance foreman, the city foreman , and construction foreman from the unit. The Company carries 8 line-gang men on its New Haven pay roll. These men work within a 300-mile radius of New Haven and "practi- cally" all of their time is spent outside of metropolitan New Haven. They work out of New Haven and receive assignments from the fore- man at New Haven, but are paid from the New York office of the Com- pany in contrast to the other' employees at the New Haven office who are paid locally . These employees have division -wide seniority in con- trast to the other employees in New Haven who have only city-wide seniority.. The A. F. of L. asks that all these'persons who spend more ,THE WESTERN UNION TELEGRAPH COMPANY 197 than 50 per cent of their time working outside of New Haven should be excluded from the unit and that those who spend less than 50 per cent of their time outside of New Haven should be included in the unit. The Company took no position with respect to these employees. It appears that the percentage of time spent in any area by these em- ployees depends upon the requirements of the Company. Under all the circumstances, and in conformity with other decisions, we shall exclude the line-gang force from the unit.5 The Company, carries 8 maintenance employees on its New Haven pay roll. Five of these persons spend a majority of their time work- ing outside of New Haven and 3 a majority of their time in New Haven. The A. F. of L. asks that only those who spend a majority of their time outside of New Haven be excluded from the unit. The Company took no position with respect to these employees. These employees are paid out of New York City and work under division seniority in contrast to the other employees at New Haven who are paid locally and have only city-wide seniority. We shall exclude all the maintenance employees from the unit. We find that all employees in the commercial, traffic, and plant departments at the metropolitan New Haven office of the Company, including regular full-time and regular part-time messengers and part-time employees in commercial department, but excluding em- ployees listed in Appendix A,6 constitute a unit appropriate for the purposes of 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. We shall direct that those eligible to 'vote in the election shall be the employees within 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. All the parties agree that one Helen Widenberg, an employee who is on voluntary furlough, be deemed ineligible to vote in the election. WW'e shall direct that Helen Widenberg be not allowed to vote in the election. 6Matter of Western Union Telegraph 'Company and Federal Local 22490 of Western Union Organizing Council of A. F of L Federal Labor Unions and C. T. U. Locals, et at, 35 N L R. B, No. 56 6 Appendix A lists the employees we have hereinabove found should be excluded from the unit at New Haven 41 -257-42-% or. 37--14 198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 repre- sentation of employees of The Western Union Telegraph Company, New Haven, Connecticut, 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 metropolitan New Haven office of the Company, including reg- ular full-time and regular part -time messengers and part-time em- ployees in commercial department , but excluding employees listed in Appendix A, constitute a'unit appropriate for the purposes of collec- tive 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 Rela- tions 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, New Haven; Connect- icut, an election by secret ballot shall be conducted as early as pos- sible, but not later than thirty ( 30) days from the date of this Direc- tion, under the direction and supervision of the Regional Director for the Second 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 commercial, traffic, and plant departments at the metropolitan New Haven office of the Company who were employed during the pay-roll period immedi- ately preceding the date of this Direction , including regular full-time and regular part-time messengers, part-time employees in commer- cial department, and employees who did not work during such pay- roll period because they were ill or on vacation or in the active mili- tary service or training of the United States, or temporarily laid off, but excluding employees listed in Appendix A, Helen Widenberg, and employees who have-since quit or been discharged for cause, to deter- mine whether they desire to be represented by the American Federa- tion of Labor, or by Communications Guild, for the purposes of collec- tive bargaining, or by neither. THE WESTERN UNION TELEGRAPH COMPANY 199 APPENDIX A Commercial Department: 'Superintendent Manager of the delivery de- partment Cashier Commercial representative Day telephone supervisor Night manager Traffic Department: Chief operator Early night chief operator Automatic supervisor Assistant automatic chief Plant Department: Maintenance foreman City foreman Construction foreman Line gang force Maintenance employees Miscellaneous : Distribution employees "Other employment" em- ployees