The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Jan 7, 1942

38 N.L.R.B. 60 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
TELEGRAPH WORKERS INDEPENDENT UNION
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS UNION, WESTERN UNION LOCAL No. 1
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS UNION, WESTERN UNION LOCAL No. 94
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
LOCAL UNION No. 2, WESTERN UNION DIVISION OF COMMERCIAL TELEG-
RAPHERS UNION
Cases Nos. R-2966 to R-2969, inclusive, and R-2974 and R-2975,
respectively
Investigation and Certification of Representatives : run-off election directed.
SUPPLEMENTAL DECISION
SECOND DIRECTION OF ELECTION
AND
CERTIFICATION OF REPRESENTATIVES
January 7, 1942
On November 10, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceeding.' Pursuant to the Decision and Direction
of Elections, elections by secret ballot were conducted on December
5, 1941, under the direction and supervision of the Regional Director
for the Thirteenth Region (Chicago, Illinois). On December 11, 1941,
the Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, issued and duly served upon the parties an Election Report
on the ballot. No objections to the conduct of the ballot or the Elec-
tion Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reports
as follows :
36 N. L. R. B. 812.
38 N. L. R. B., No. 16.
60
THE WESTERN UNION TELEGRAPH COMPANY 61
Chicago
Total on eligibility list------------------------------------ 3,002
Total ballots cast---------------------------------------- 2,314
Total ballots challenged------------------------------------ 55
Total blank ballots---------------------------------------- 1
Total void ballots----------------------------------------- 2
Total valid votes cast-------------------------------------- 2,256
Votes cast for Commercial Telegraphers Union, Western Union,
Local No. 1, affiliated with the American Federation of
Labor -------------------------------------------------- 979
Votes cast for American Communications Association, affili-
ated with the Congress of Industrial Organizations-------- 466
Votes cast for Telegraph Workers Independent Union-------- 755
Votes cast for None of said organizations------------------- 56
Milwaukee
Total on eligibility list------------------------------------ 272
Total ballots cast------------------------------------------ 226
Total ballots challenged----------------------------------- 1
Total blank ballots---------------------------------------- 0
Total void ballots----------------------------------------- 0
Total valid votes cast------------------------------------- 225
Votes cast for Telegraph Workers Independent Union------- 55
Votes cast for Local Union No. 2, Western Union Division
of Commercial Telegraphers Union, affiliated with the
American Federation of Labor-------------------------- 141
Votes cast for American Communications Association, affili-
ated with the Congress of Industrial Organizations--------, 26
Votes cast for None of said organizations------------------- 3
Fort. Wayne
Total on eligibility list------------------------------------- 50
Total ballots cast----------------------------------------- 44
Total ballots challenged----------------------------------- 2
Total blank ballots---------------------------------------- 0
Total void ballots----------------------------------------- 0
Total valid votes cast-------------------------------------- 42
Votes cast for American Communications Association, affili-
ated with the Congress of Industrial Organizations-------- 0
Votes cast for Commercial Telegraphers Union, Western
Union Local No. 94, affiliated with the American Federa-
tion of Labor------------------------------------------- 42
Votes cast for Neither------------------------------------ 0
On December 9, 15, and 17, 1941, respectively, Telegraph Workers
Independent Union, Commercial Telegraphers Union, Western Union
Local No. 1, and American Communications Association filed formal
requests for a run-off election to be held by the Board among the
employees at the Chicago office of The Western Union Telegraph
Company.
62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Although none of the competing labor organizations in the Chicago
election received a majority of the votes cast, the results of that election
show that a substantial majority of employees voting desire to bargain
collectively with the Company. Accordingly, in accordance with
our usual custom, we shall direct a run-off election among the em-
ployees at the Chicago office of the Company to determine whether
they desire to be represented by Telegraph Workers Independent
Union, or by Commercial Telegraphers Union, Western Union Local
No. 1, affiliated with the American Federation of Labor, or by Ameri-
can Communications Association, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining.
SECOND 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, 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, Chicago, Illinois, an
election by secret ballot shall be conducted as soon as possible, but
not later than thirty (30) days from the date of this Second Direc-
tion of Election, under the direction and supervision of the Regional
Director for the Thirteenth 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 de-
scribed in paragraph 1 of the Direction of Elections issued on No-
vember 10, 1941, but excluding those who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by Telegraph Workers Independent Union, or by Commer-
cial Telegraphers Union, Western Union Local No. 1, affiliated with
the American Federation of Labor, or by American Communications
Association, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.
CERTIFICATION OF REPRESENTATIVES
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,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended.
IT Is HEREBY CERTIFIED that Local Union No. 2, Western Union Divi-
sion of Commercial Telegraphers Union, affiliated with the American
THE WESTERN UN 'TON TELEGRAPH COMPANY 63
Federation of Labor, has been designated and selected by a majority
of all employees in the commercial , traffic, and plant departments at
the Milwaukee office of The Western Union Telegraph Company,
including regular messengers and Toner , but excluding employees
listed in Appendix A and temporary employees , as their representative
for the purposes of collective bargaining , and that, pursuant to Sec-
tion 9 ( a) of the Act , Local Union No. 2, Western Union Division of
Commercial Telegraphers Union, affiliated with the American Federa-
tion of Labor, is the exclusive representative ' of all/such employees
for the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment , and other conditions of employment.
IT Is HEREBY CERTIFIED that Commercial Telegraphers Union, West-
ern Union Local No. 94, affiliated with the American Federation of
Labor, has been designated and selected by the majority of all em-
ployees in the commercial , traffic, and plant departments at the Fort
Wayne office of The Western Union Telegraph Company, including
regular messengers , but excluding the manager , confidential clerk,
cashier, and delivery clerk in the commercial department ; chief oper-
ator and confidential clerk in the traffic department ; and temporary
employees , as their representative for the purposes of collective bar-
gaining, and that, pursuant to Section 9 (a) of the Act, Commercial
Telegraphers Union, Western Union Local No. 94 , affiliated with the
American Federation of Labor, is the exclusive representative of all
such employees for the purposes of collective bargaining in respect to
rates of pay , wages, hours of employment , and other conditions of
Employment.
APPENDIX A
Commercial Department
Superintendent
Sales Manager
City Commercial Manager
Manager Delivery Department
Chief Bookkeeper
Chief Clerk
Cashier
Confidential Clerk to Superin-
tendent
Night Manager of Main Office
Delivery Clerk
Grimm
Reinarz
Distribution messengers
Traffic Department
Traffic Manager
Night Traffic Manager
Telephone Supervisor
Testing and Regulating Chief
Automatic Chief
Chief Clerk
Morse Supervisor
Automatic Supervisor
Teleprint Supervisor
Routing Supervisor
Plant Department
City Foreman
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
TELEGRAPH WORKERS INDEPENDENT UNION
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS UNION, WESTERN UNION LOCAL No. 1
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS UNION, WESTERN UNION LOCAL No. 94
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
LOCAL UNION No. 2, WESTERN UNION DIVISION OF COMMERCIAL TELEG-
RAPHERS UNION
Cases Nos. R-2966 to R-2969, inclusive and R-0974 and R-2975,
respectively
AMENDMENT TO SECOND DIRECTION OF ELECTION
January 27, 1942
On November 10, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceeding? On January 7, 1942, the Board issued
a Supplemental Decision, Second Direction of Election, and Certifi-
cation of Representatives?
The Board, having been advised that American Communications
Association, affiliated with the Congress of Industrial Organizations,
does not desire its name to appear on the ballot, hereby amends its
Second Direction of Election by striking therefrom the words "to
determine whether they desire to be represented by Telegraph Work-
ers Independent Union, or by Commercial Telegraphers' Union,
Western Union Local No. 1, affiliated with the American Federation
of Labor, or by American Communications Association, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining" and substituting therefor the words "to deter-
mine whether they desire to be represented by Telegraph Workers
Independent Union, or by Commercial Telegraphers' Union, Western
Union Local No. 1, affiliated with the American Federation of Labor,
for the purposes of collective bargaining."
136 N. L. R. B. 812.
2 38 N. L. R. B. 60.
38 N. L. R. B., No 16a.
64