The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Mar 28, 1940

22 N.L.R.B. 49 (N.L.R.B. 1940)

In the Matter of THE WESTERN UNION -TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS UNION, INDPLS. LOCAL #7, WESTERN
UNION Div. #2, AFF. WITH A. F. OF L.
Case No. R-1415
SUPPLEMENTAL DECISION AND ORDER
March 28, 1940
On November 14, 1939, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in the
above-entitled case,l and on December 1, 1939, and January 8, 1940,
respectively, issued an Amendment to Direction of Election 2 and a
Supplement and Second Amendment to Direction of Election .3 The
Direction of Election, as amended, provided that an election by secret
ballot be conducted as early as possible but not later than 30 days
from the date of the Supplement and Second Amendment to
Direction of Election, under the direction and supervision of the
Regional Director for the Eleventh Region, among the employees in
the- traffic, commercial, messenger, and plant departments, who were
employed by" the Company in Indianapolis, Indiana, excluding
executives, lawyers, and employees with the right to hire and dis-
charge, to determine whether or not they desired to be represented
by Commercial Telegraphers Union, Indianapolis Local #7, Western
Union Division #2, affiliated with the American Federation of
Labor.
Pursuant to the Direction, an election by secret ballot was con-
ducted on January 31, 1940, under the direction and supervision
of the Regional Director for the Eleventh Region (Indianapolis,
Indiana). On February 5, 1940, the Regional Director, acting pur-
suant -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.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total number of employees alleged eligible to vote ------------ 278
Total number voted_________________________________________ 246
Total number of valid votes cast _____________________________ 239
117 N L R B 683
2 18 N. L R B 37
319 N L R B 122
22 N. L. R. B., No. 4
49
50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total number of votes for the Commercial Telegraphers Union,
Indianapolis Local No. 7, Western Union Division, No. 2,
affiliated with the A. F. of L_______________________________ 87
Total number of votes against the Commercial Telegraphers
Union, Indianapolis Local No. 7, Western Union Division No.
2, affiliated with the A. F. of L------------------------------ 152
Total number of blank ballots_______________________________ 0
Total number of void ballots_________________________________ 0
Total number of challenged ballots__ _________________________ 7
On February 12, 1940, Commercial Telegraphers Union, Indpls.
Local #7, Western Union Division #2, affiliated with A. F. of L.,
herein called the C. T. U., filed with the Regional Director objections
to the conduct of the ballot and the Election Report. On March 11,
1940, the Regional Director, acting pursuant to Article III, Section
9, of National Labor Relations Board Rules and Regulations- Series
2, as amended, issued a Report on Objections in which he found
that the objections raised no substantial or material issue with re-
spect to the conduct of the election.
We have considered the objections of the C. T. U. and the Regional
Director's Report thereon. We find that the objections raise no
substantial and material issues with respect to the conduct of the
election. The objections are hereby overruled.
The results of the election show that no collective bargaining
representative has been selected by a majority of the employees. The
petition for investigation and 'certification of representatives `of eiii-
ployees of The Western Union Telegraph Company, Indianapolis,
Indiana, will therefore be dismissed.
ORDER
By virtue of 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
ORDER D that the petition for investigation and certification of
representatives of employees of The Western Union Telegraph Com-
pany, Indianapolis, Indiana, filed by Commercial Telegraphers
Union, Indpls. Local #7, Western Union Division *2, affiliated
with A. F. of L. be, and it hereby is, dismissed.