The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Feb 17, 1942

38 N.L.R.B. 1337 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
TELEGRAPH WORKERS FEDERAL LABOR UNION #22679, FLOATING GANG
DEPARTMENT DALLAS CHAPTER, AFFILIATED WITH A. F. OF L.
Case No. R324.Decided February 17, 194
Jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of question : Com-
pany suggested that union refer any claims for recognition to the Board ;
election necessary.
Unit Appropriate for Collective Bargaining : all floating gang employees in the
Gulf Division of the Company.
Mr. C. J. Ince and Mr. C. R. Nichols, of Dallas, Texas, for the
Company. °
Mr. Herbert S. Thatcher, of Washington, D. C., for Local 22679.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 16, 1942, the Telegraph Workers Federal Labor Union
#22679, Floating Gang Department of Dallas Chapter, affiliated with
A. F. of L., herein called Local 22679, filed with the Regional Director
for the Sixteenth Region (Fort Worth, Texas) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of floating gang employees in the Gulf Division of The
Western Union Telegraph Company, herein called the Company, and
requesting an investigation and certification of representatives pursu-
ant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On February 4, 1942, 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 Rela-
tions Board Rules and Regulations-Series 2, as amended, ordered an
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
On February 3, 1942, the Company, Local 22679, and Commercial
Telegraphers' Union entered into a Stipulation waiving notice and a
38 N. L. R. B., No 238.
1337
1338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hearing in this proceeding, and agreeing that the record in Case No.
R-31011 be incorporated by reference in this proceeding. The Stipu-
lation and the record in Case No. Rr-3101 are hereby incorporated into
and made a part of the record in this proceeding.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Western Union Telegraph Company is a New. York corpora-
tion with its principal, office in 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
operates 214,220 miles of pole lines, 4,160 miles of land-line cable,
1,876,993 miles of wire, 30,344 nautical miles of ocean cable, and 20,445
telegraph offices. _ At the close of 1940, the Company employed ap-
proximately •49,000 persons. This proceeding involves floating gang
employees in the Gulf Division of the Company. The Company ad-
mits that it is engaged in commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
Telegraph Workers Federal Labor Union #22679, Floating Gang
Department of Dallas Chapter, is a labor organization affiliated with
the American Federation of Labor. It admits to membership floating
gang employees in the Gulf Division of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company suggested to Local 22679 that ' it refer any claims it
might have for recognition to the Board. A statement of the Trial
Examiner made during the hearing of the case incorporated by refer-
ence in this proceeding, shows that Local 22679 represents a sub-
stantial 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
1 Matter of The Western Union Telegraph Company and Telegraph Workers Federal Labor
Union, No. 22679, Dallas Chapter, 36 N. L . R. B 1165.
' THE WESTERN UNION, TELEGRAPH' COMPANY 1339
described in Section I above, has a close, ' intimate, and substantial
relation to trade, traffic, and commerce, among the sever'al' States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce. -
V. THE APPROPRIATE UNIT
Local 22679 alleges that all floating gang employees in the Gulf
Division of the Company constitute an'appropriate unit.- The Com-
pany took no position with respect to the unit. Floating gang' em-
ployees are part of the Gulf Division plant department and they work
in all sections •of the Company's Gulf Division which comprises sev
eral States. There are approximately 250 such employees in-the Gulf
Division. ^ Dallas is considered their home office and they 'are paid
out of that office. These persons were excluded by the Board from
the divisional city unit of Dallas,2 since their principal employment
was not within-the geographical boundaries of that unit.
. We find that all floating gang employees in the Gulf Division
of the Company 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. We shall direct 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 repre-
sentation of floating gang employees in the Gulf Division of The
Western Union Telegraph Company, within the meaning of Section
9 (c) and Section 2 (6) and (7) of the National Labor Relations Act.
2. All floating gang employees in the Gulf Division of the Com-
pany constitute a unit appropriate 'for the purposes of collective
2 Matter of The Western Union Telegraph Company and Telegraph Workers Federal Labor
Union, No. 22679, Dallas Chapter , 36 N. L. R. B. 1165.
1340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with The Western Union Telegraph Company, 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 Sixteenth 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 floating gang employees in the Gulf Division of the Company who
were employed during the pay-roll period immediately preceding the
date of this Direction , including 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 employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be
represented by Telegraph Workers Federal Labor Union #22679,
Floating Gang Department of Dallas Chapter, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining.