The Western Union Telegraph Co.Download PDFNational Labor Relations Board - Board DecisionsMar 23, 194239 N.L.R.B. 1031 (N.L.R.B. 1942) Copy Citation 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. Copy with citationCopy as parenthetical citation