The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Mar 23, 1942

39 N.L.R.B. 1031 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
FEDERAL LABOR UNION 22671, CHATTANOOGA WORKS CHAPTER, AFFIL-
IATED WITH A. F. OF L.
Case No. R-36,02.-Decided March 23, 19.4:2
Jurisdiction :. telegraph communication industry.
Investigation and Certification of Representatives : existence of question : refusal
of Company to accord union recognition until certified by the Board ; election
necessary
Unit Appropriate for Collective Bargaining : all employees at the Chattanooga
Works of the Company, excluding the superintendent, head clerk, yard fore-
man, and shop foreman.
Mr. Ralph H. Kimball, of New York City, for the Company.
Mr. Herbert S. Thatcher, of Washington, D. C., for Local 22671.
Mr. Hugh C. McKenny, of Washington, D. C., for the C. T. U.
Mr. Louis Colvin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 23, 1942, Federal Labor Union 22671, Chattanooga
Works Chapter, affiliated with A. F. of L., herein called Local 22671,
filed with the Regional Director for the Tenth Region (Atlanta,
Georgia) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees at the Chattanooga
Works of The Western Union Telegraph Company, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On March 5, 1942, the
National Labor Relations Board, herein called the Board, acting pur-
suant 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 Direc-
tor to conduct it and to provide'for an appropriate hearing upon due
notice.
39 N. L R. B., No. 197. "
1031 ,
1032 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On March 2, 1942, the Company, Local 22671, and Commercial
Telegraphers' Union entered into a Stipulation waiving notice and a
hearing in this proceeding, and agreeing that the records in Cases Nos.
R-3173-3189, inclusive, and R-3310, be incorporated by reference in
this proceeding. The Stipulation and the records in the above-
enumerated cases 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 corporation
with its principal office in 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 inter-
national communications. In the operation of its national and inter-
national 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 offi-
ces. At the close of 1940, the Company employed approximately
49,000 persons. This proceeding involves employees at the Chatta-
nooga Works of the Company. The Company admits that it is en-
gaged in commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
Federal Labor Union 22671, Chattanooga Works Chapter, is a labor
organization affiliated with the American Federation of Labor. It
admits to membership employees at the Chattanooga Works of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize Local 22671 as the exclusive repre-
sentative of its employees until such time as it is certified by the Board.
Statements of the Trial Examiner made during the hearing of the
cases incorporated by reference in this proceeding, show that Local
22671 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
THE WESTERN UNION TELEGRAPH COMPANY 1033
described in Section I 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.
I
V. THE APPROPRIATE UNIT
Local 22671 alleges that all employees at the Chattanooga Works
of the Company excluding the superintendent, head clerk, yard fore-
man, and shop foreman, constitute an appropriate unit. The Com-
pany took no position with respect to the scope,of the unit, but agreed
with the proposed exclusions. The employees at the Chattanooga
Works were excluded by the Board from the Southern Division unit 1
because their employment was not connected 'in any way with the
employees in that unit.
We find that all employees at the Chattanooga Works of the Com-
pany, excluding the superintendent, head clerk, yard foreman, and shop
foreman, 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 bar-
gaining 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 an election by secret ballot. We shall
direct that the employees of the Company eligible to vote in the elec-
tion 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 employees at the Chattanooga Works of The Western
Union Telegraph Company, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the Act.
2. All. employees at the Chattanooga Works of the Company ex-
cluding the superintendent, head clerk, yard foreman, and shop fore-
man, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
'Hatter of The Western Union Telegraph Company and Federal Labor Union 22671,
Norfolk, Virginia, Chapter, affiliated with A. F of L, 38 N L R. B 492.
1034 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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 super-
vision of the Regional Director for the Tenth Region, acting in this
m,atter as agent for the National Labor Relations Board and subject
to Article III, Section 9, of said Rules and Regulations, among all
employees at the Chattanooga Works of the Company who were em-
ployed 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 mili-
tary service or training of the United States, or temporarily laid off,
but excluding the, superintendent, head clerk, yard foreman, shop fore-
men, and employees who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Federal
Labor Union 22671, affiliated with the American Federation of Labor,
for the purposes of collective bargaining.
MR. WM. M. LEISERSON took no part in the -consideration of the
above Decision and Direction, of Election.