The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Feb 28, 1942

39 N.L.R.B. 287 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY 01d
THE COMMUNICATIONS GUILT)
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY (19 Id
TELEGRAPH EMPLOYEES FEDERATION OF NEW YORK (A. F. OF L.),
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
AMERICAN COMMUNICATIONS ASSOCIATION (C. I. 0.)
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY alld
AMERICAN COMMUNICATIONS ASSOCIATION, LOCAL 2 /
lit the Matter of THE WESTERN UNION TELEGRAPH COMPANY avd
TELEGRAPH EMPLOYEES FEDERATION OF NEW JERSEY (AFFILIATED
WIT{ THE A. F. OF L.)
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
AMERICAN COMMUNICATIONS ASSOCIATION
Cases Nos. R-3357 to 3361, inclusive, respectively, and R--3399.-
Decided February 28, 194.2
Jurisdiction : telegraph communications industry.
Investigation and Certification of Representatives : existence of question:' re-
fusal of Company to recognize petitioning unions ; requests of unions, in event
separate elections are directed among certain employees, not to be placed
on ballots in those elections, granted ; elections necessary.
Units Appropriate for Collective Bargaining : (1) all employees in the home
offices of the Company, excluding employees' listed in Appendix A, night
dispatchers and assistant dispatchers, engineering assistants, supervisory
assistants, and specifically named employees; (2) all employees in the Metro-
politan Division of they Company, including messengers and the clerk in
charge of supplies and requisitions, but excluding employees listed in Appendix
B, section automatic chiefs, supervisors, chief instructor in charge of school,
monitors, clerk in sales department, clerk in charge of sales department,
assistant to manager in cleaning department, personal service, commercial
and cable representatives, clerks in charge of pay rolls, night managers, and ,
cafeteria employees; (3) all employees at the New York repair shop of the Com-
pany, excluding the general foreman, assistant general foreman, assistants
to general foreman, shop foremen, chief inspector, and confidential clerk ;
(4) all employees at the Jersey City warehouse of the Company, excluding,
employees listed in Appendix D; (5) all employees in the Cable Department
of the Company, excluding' employees listed in Appendix D ; and (6) all
employees in the Metropolitan Newark offices of the Company, including mes-,
sengers, soliciting branch managers and managers of suburban offices, but
excluding employees who are part' of the Metropolitan-Division of the Com-
39 N.L.R B,No 53.
287
448105-42-vol 39-20
288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany and employees listed in Appendix IE, , geographical units proposed by
petitioning unions selected in favor of bargaining units following the pattern
of the Company's organizational and operational divisions.
Mr. William T. Little, for the Board.
Mr. William Wendt and Mr., David E. Krueger, of New York City,
for the Company.
Bo'udin Cohn ct Glickstein, by Mr. Victor Iiabinowitr,.of New York
City, for the A. C. A.
Ornstein d Silverman, by Mr. Henry H. Silverman, of New York
City, and Mr. Herbert S. Thatcher, of Washington, D. C., for the
Federation. -
Mr. Herman E. Cooper and Mr. Moss K. Schenck, of New York
City, for the Guild.
Mr. James F. Dulligan, of Newark; N. J., for the T. E. F. of N. J.
dlr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF 771E CASE
On October 15 and November 28, 1940, and April 26, 1941, re
spectively, The Communications Guild, herein called the Guild, filed
with the Regional Director for the Second Region (New York
City) a petition and amended petitions alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of The Western Union Telegraph Company, New York City,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On April
26, 1941, Telegraph Employees Federation of New York, herein called
the Federation, filed a petition and on July 2, 25, and 30, 1941,
American Communications Association, herein called the A. C. A.,
filed petitions and amended petitions with the Regional Director
alleging, respectively, that questions affecting commerce had arisen
concerning the representation of employees of the Company and
requesting investigations and certifications of representatives pur-
suant to Section 9 (c) of the Act. On September 30, 1941, Telegraph
Employees Federation of New Jersey, herein called the T. E. F. of
N. J., filed a petition with the Regional Director alleging that a
question affecting commerce had arisen concerning the representation
of employees at the Newark, New Jersey, office of the Company, and
requesting an investigation and certification of represciitatiyyes pun'-
THE WESTERN UNION TELEGRAPH COMPANY 289
suant to Section 9 (c) of the Act. On October 25, 1941, the National
Labor Relations Board, herein called the Board, acting pursuant to
Article III, Section 3, of National Labor Relations 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, and, acting pursuant to
Article III, Section 10 (c) (2), of said Rules and Regulations
ordered that cases Nos. R-3357 through R-3360, inclusive, be con-
solidated. On November 3, 1941, the Board issued an order consol-
idating all the cases involved herein.
On November 7, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
Guild, the A. C. A., the Federation, the T. E. F. of N. J., and upon
Commercial Telegraphers' Union, herein called the C. T. U., and
Telegraph Workers Independent Union. Pursuant to notice, a hear-
ing was held on November -26, 27, 28, and December 1, 2, and 3, 1941,
at New York City, before George Bokat, the Trial Examiner duly
designated by the Chief Trial Examiner. The Board, the Company,
the Guild, the A. C. A., the Federation, and the T. E. F. of N. J.
were represented by counsel and participated in the hearing. The
C. T. U. and Telegraph Workers Independent Union did not appear
at the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties. During the course of the hearing the Trial
Examiner granted motions of the Federation and A. C: A. to amend
their petitions to set forth correctly the units desired by them.
During the course of the hearing the A. C. A. moved to withdraw
its petition involving the employees at the Jersey City warehouse
and repair shop of the Company. The Trial Examiner granted the
motion. The ruling of the Trial Examiner is hereby overruled.'
During the course of the hearing the Trial Examiner made rulings
on other motions and on objections to the admission of evidence.
The Board has reviewed these rulings and finds that no prejudicial
errors were committed. The rulings are hereby affirmed.
On December 29, 1941, the Federation and the A. C. A. filed briefs
which the Board has considered.
On January 21, 1942, all the parties entered into a stipulation with
regard to certain proposed exclusions from the home office which
is 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 :
1 The A. C. A. stated that in the event the Board found the employees at the warehouse
and repair shop not to be a pact of the larger unit it requested at the hearing, it desired
that they be set up as a separate unit. See Section V, infra
290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. 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
throughout 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 210,310 miles of pole lines, 4,082 miles of land-
line cable, 1,878,197 miles of wire, 30,312 nautical miles of ocean
cable, and 14,500 telegraph offices. At the close of 1940 the Company
employed approximately 51,153 persons. This proceeding concerns
all the offices in the Company's Metropolitan Division, which com-
prises the City of New York, Long Island, and some territory in
the State of New Jersey, the Newark, New Jersey, divisional office
of the Company, and the Eastern Division and home office head-
quarters employees. The Company admits that it is engaged in
commerce within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
American Communications Association is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
Telegraph Employees Federation of New York is a labor organi-
zation affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
Telegraph Employees Federation of New Jersey is a labor organi-
zation affiliated with the American Federation of Labor, admitting
to membership employees at the Newark, New Jersey, office of the
Company.
The Communications Guild is an unaffiliated labor organization
admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company refuses to recognize any of the organizations in-
volved until such time as the Board determines the bargaining rep-
resentatives of its employees. A stipulation of the labor organiza-
tions, entered into during the hearing, states that each of the labor
organizations involved represents a substantial number of employees
in each of the alleged appropriate units. The Company stated that
it had no objection to this stipulation.
THE WESTERN UNION TELEGRAPH COMPANY 291
We find that questions have arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION
UPON COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNITS
The Company has divided the entire country into six divisions
for operating purposes.2 One of the six divisions is classified by the
Company as the Metropolitan Division. New York City, Long Island,
and a small area on the New Jersey side of the Hudson River consti-
tute that division. The Metropolitan Division is the Company's
operating unit within its geographical confines, and is actually en-
gaged in the receiving and transmission of messages. The principal
home 'offices of the Company, which service all divisions throughout
the country, are also located in New York, as are the divisional head-
quarters of the Eastern Division, which is the administrative unit
for the Company's Eastern Division, which covers several States,
not including territory covered by the Metropolitan Division. The
cable department of the Company is also located in New York City.
The Federation contends that all employees working within the
geographical limits of New York City and Long Island constitute
an appropriate unit. This unit would include Eastern Division head-
quarters employees, cable department employees, and home office em-
ployees working in New York City, but would exclude Metropolitan
Division employees working in New Jersey. The A. C. A. urges that
all employees in the Metropolitan Division of the Company, and East-
ern Division employees whose work is functionally connected with
that of the Metropolitan Division employees, excluding Metropolitan
Division employees at Newark, New Jersey, constitute an appropriate
unit. This unit would exclude all home office employees and Eastern
Division employees whose work is not functionally connected with
the Metropolitan Division. The Guild requested that all employees
in the Metropolitan Division and home office and Eastern Division
headquarters employees working in New York City, excluding Metro-
politan Division employees at Newark, be set up as a separate unit.
'These divisions are Eastern , Metropolitan , Southern , Gulf, Lake, and Pacific.
292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company suggested that the unit be limited to all employees
v orlcing within the geographical area of New York City and Long
Island.
As stated above, the Company has divided its operations into divi-
sions for operating purposes., Within these divisions the employees
perform closely related functions coordinated through divisional man-
agement. Matters of vital employee' interest' such as seniority are
handled on a divisional basis. The Company maintains a policy of
seniority which operates on a division-wide basis. Thus for example,
a Metropolitan Division employee with 2 years seniority standing in
the Division, although working in the section of the Division located
in New Jersey, has seniority rights within that Division superior to
those of an Eastern Division employee with 5 years seniority stand-
ing on, the Eastern Division pay roll, although that employee may be
working in New York City. None of the bargaining units urged by
any of the labor organizations involved herein is strictly on a di-
visional basis and none follows the organizational set-up of the
Company. On the contrary, the proposed units cut across di-
visional lines in favor of more closely knit geographical units.
In view of the community of interest existing among divisional
employees in the essential subject matters of collective bargain-
ing, we are of the opinion upon this record that collective bar-
gaining will be both facilitated and more effective if the bargaining
units follow the pattern of the employer's organizational and opera-
tional divisions. We' conclude, then, that in this case the purposes
of the Act can best be effectuated by establishing bargaining units 3
which will conform to the Company's operational units. Accord-
ingly, we reject the contentions of the labor organizations that Eastern
Division employees working in New York City 4 should be included
in a bargaining unit with employees of the Metropolitan Division.
Nor will we establish at this time a separate unit of Eastern Division
headquarters employees in New York City, inasmuch as such em-
ployees constitute only part of an integrated operating unit of the
Company's business and since it appears that employees attached to
the Eastern Division headquarters who, spend a majority of their time
outside of New York City perform similar work.
In accordance with the policy heretofore stated, we find that a
unit of employees limited to the Metropolitan Division of the Com-
pany is appropriate for the purposes of collective bargaining.
3 No unit findings made herein shall preclude a later , redetermination of the appropriate
bargaining unit or units when self -organization has been further extended among employees
of the Company
4 As previously noted, none of the labor organizations here involved petitioned to repre-
sent any Eastern Division employees who spend a majority of their time outside the
geographical confines of New York City , Long Island, and parts of New Jersey The
Eastern Division covers 11 States
THE WESTERN UNION TELEGRAPH COMPANY 293
Likewise, we shall set up the employees in the home offices of
the Company as a separate bargaining unit inasmuch as they are a
homogeneous operational unit of the Company and the work of the
employees in those offices relates equally to the Company's entire
system and is therefore not closely integrated with that of the em-
ployees in the Eastern or Metropolitan Division.
The Company maintains a cable department in New York City.
The A. C. A. asks and the Company suggests that the employees in
this department be set up as a separate appropriate bargaining unit.
The Federation requests that such employees be included in the geo-
graphical unit urged by it to be appropriate. The Guild took no
position with respect to these employees. The cable department, is
operated by the Company as a separate entity and is not a part of
either its Eastern or Metropolitan Divisions. There is no inter-
change of employees between the cable department and any of the
Company's domestic departments. Cable employees are paid on a
much higher wage scale than the domestic employees. A separate,
system of seniority operates solely among these employees. In view
of these facts, and the desirability of bargaining units coextensive
with the Company's operational set-up, we find that employees in the
cable department constitute a separate appropriate bargaining unit.
The Company maintains a repair shop and,a warehouse at Jersey
City, New Jersey: The A. C. A. originally asked that the repair shop
and warehouse be set up as a single appropriate unit but at the hear-
ing requested that the employees in these two departments be found
a part of the larger unit requested by it. The Guild also asked that
these employees be grouped with the employees in the Metropolitan
Division. The Federation contended that such employees should be
set up as a separate unit. The A. C. A. took the further position that
if the Board found that such employees are not appropriately a part
of the larger unit urged by it, they should then be set up as a separate
unit. The repair shop and the warehouse are neither a part of the
Metropolitan nor the Eastern Divisions. The superintendent of each
is directly responsible to a supervisory employee at the home office of
the Company. We therefore conclude that the employees in these
two operations should not be included with employees of either the
Metropolitan or Eastern Division. Nor do we believe that the ware-
house and the repair shop should be combined in a single separate
unit for bargaining purposes. They are not connected functionally
,in any respect which is material at this stage of self-organization
among employees of the Company. The repair shop is the only shop
of its type maintained by the Company in the nation and it services
offices of the Company throughout the country. The warehouse is
294, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
maintained by the Company for use of all its offices throughout the
country: The seniority of employees in the warehouse does not govern
in the repair shop and vice versa. Accordingly, we find that the
employees in the repair shop and the employees in the warehouse
constitute two separate appropriate bargaining units.
The T. E. F. of N. J. urges that all employees at the metropolitan
Newark, New Jersey, office of the Company constitute a separate
bargaining unit. None of the other organizations involved contested
this request. The metropolitan Newark office is a divisional office of
the Company with three departments-traffic, commercial, and plant.
The traffic department employees at Newark are a part of the Metro-
politan Division and are carried by the Company on the pay roll of
that Division. Thus, we shall exclude such employees from the metro-
politan Newark unit inasmuch as they are part of the Metropolitan
Division of the Company and their seniority is effective within that
unit.
Questions arose at the hearing concerning the exclusion of certain
supervisory and other employees from the appropriate units. We
shall consider these exclusions by departments.'
Home o fices
All parties agreed to exclude the employees listed in Appendix A
because of their supervisory or confidential duties. We see no
reason to depart from the desires of the parties in this regard and
we shall exclude these persons from the home offices unit.
Night Dispatchers and Assistant Dispatchers: The Guild and the
A. C. A. urge and the Company suggests that these employees be ex-
cluded from the unit and the Federation asks that they be included.
These employees direct the operations of the repeater men through-
out the Eastern States of the country. They exercise the authority of
the vice president's office and a representative of the Company testi-
fied that "their,word is law" with respect to the movement of em-
ployees. We shall exclude these employees from the unit.
Engineering Assistants: The Company employs eight engineering
assistants, three of whom have subordinates working under them.
The A. C. A. and the Company request that all these employees be
excluded from the unit. The Federation requests that the three
employees having subordinates be excluded but that the others be
included. The Guild took no position with respect to these em-
ployees. The engineering assistants direct the setting up of equip-
ment in company offices throughout the nation and at times carry
5 It is not necessary to discuss the disputed classifications among the Eastern Division
employees inasmuch as we are not finding them to be a part of any unit.
THE WESTERN UNION TELEGRAPH COMPANY 295
on confidential investigations at the direction of a vice president.
We shall exclude engineering assistants from the unit.
Supervisory Assistants : The A. C. A. and the Guild urge and the
Company suggests that these employees be excluded ' from the unit-
and the Federation asks that they be included .: These persons travel
throughout the country and check to see whether operating instruc-
tions are being adhered to in the various offices of the Company.
They submit reports to a vice president of the Company as to the
state of existing affairs in various offices . _ A representative of the
Company testified that these employees form an integral part of the
supervisory functions of the vice president 's office. We shall exclude
supervisory assistants from the unit.
Lewis, Heckler and Keuhler: The A. C. A. requests and the Com-
pany suggests that these employees be excluded from the unit , and the
Federation that they be included . The Guild took no position.
These employees take dictation from a vice president of the Com-
pany with respect to confidential matters and have access to con-
fidential records of the Company . We shall exclude them from the
unit.
We find that all employees in the home offices of the Company,
excluding employees listed in Appendix A, night dispatchers and
assistant dispatchers , engineering assistants , supervisory assistants,
Lewis, Heckler , and Keuhler , 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.
Metropolitan Division
All pasties agreed to exclude employees listed in Appendix B on
the ground that they are supervisory or confidential employees. We
see no reason to depart from the desires of the parties as to these
exclusions. We shall exclude these persons from the unit.
Section Automatic Chiefs: The A. C. A. requested and the Com-
pany suggested that these employees be excluded from the unit, and
the Guild asked that they be included. The Federation took no
position. These employees are in charge of various sections in their
departments and have from 10 to 15 people working under them.
They receive from $25 to $35 more per month than their subordinates,
and they are consulted by the Company with respect to increases in
pay for their subordinates. We shall exclude section automatic
chiefs from the unit.
Supervisors : The Company has employees designated by it as
automatic, teleprinter, telephone, morse, routin, and C. & D. super-:n
296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
visors. The A. C. A. asks that these employees be excluded from
the unit and the Guild and the Federation that they be included.
The Company took no position. All these employees have sub-
stantially the same degree of authority. Each has from seven to
eight persons working under him, assigns and distributes work, and
grades employees. They earn approximately $15 a month more
than the persons who work under them. We shall exclude these
employees from the unit.
Chief Instructor in Charge of School: The A. C. A. and the Com-
pany asked that this employee be excluded from the unit. The Guild
and the Federation took no position. This employee is in charge
of the Company's training school for automatic and teleprinter oper-
ators, grades students, and recommends them for employment. We
shall exclude this employee from the unit.
Monitors: The A. C. A., the Guild, and the Company ask that
these employees be excluded from the unit and the Federation that
they be included. Monitors check the accuracy of individual oper-
ators and report errors to the Company. Any disciplinary action
taken by the Company is based upon-these reports. We shall exclude
the monitors from the unit.
Cleric in charge of Supplies and Requisitions: The A. C. A. and
the Company ask that this employee be excluded and the Federation
that he be included in the unit. The Guild took no position. This
person examines requisitions for supplies for the Metropolitan Divi-
sion. He has no subordinates. We shall include this employee in
the unit.
Clerk in charge of Sales Department: The A. C. A. and the Guild
ask and the Company suggests that this employee be excluded from
the unit. The Federation requests that he be included. This per-
son is in charge of sales in the Metropolitan Division of the Com-
pany and investigates the efficiency, proficiency, and productivity of
.various people in respect to sales and submits reports based upon his
findings. We shall exclude him from the unit.
Clerk in Sales Department: The Company has an employee in
this department named Friedman whom it designates as a clerk. It
suggests that this employee. be excluded from the unit. None of the
labor organizations took any position with respect to him. The
Company contends that this employee is confidential in that he
participates in conferences dealing with company policy. Under
these circumstances, we shall exclude him from the unit.
Assistant to Manager in Cleaning Department: The A. C. A. and
the Guild request and the Company suggests that this employee be
excluded from the unit and the Federation that he be included. All
THE WESTERN UNION TELEGRAPH COMPANY 29 i
parties have agreed to exclude the manager in the cleaning depart-
ment. The employee in question acts for the manager during his
absence and always makes recommendations with respect to perform-
ance of work by employees in the cleaning department. We shall
exclude the assistant to manager in the cleaning department from
the unit. '
Personal Service, Commercial, and Cable Representatives: The
Company suggests that these employees be excluded from the unit.
All the labor organizations ask that these persons be included. These
persons check on the work of employees with respect to customer
relationships and have the duty of reporting any inefficiency on the
part of such employees with respect to their contacts with customers.
We shall exclude them from the unit.
Clerks in Charge of Pay Rolls: The A. C. A. and the Company
ask that these persons be excluded from the unit, and the Guild and
the Federation that they be included. It appears that these persons
are considered confidential by the Company because they have access
to confidential pay-roll records. We shall exclude such persons from
the unit.
Night Managers: The Federation and the Guild ask and the Com-
pany suggests that they be excluded from the unit, and the A. C. A.
requests that they be included. These employees act in place of the
superintendent during their tour of duty. They are consulted with
respect to any question that might arise at night. Although they do
not have authority to hire or discharge, they are consulted by the
Company in the event that grievances have to be adjusted in behalf
of night employees. We shall exclude the night managers from
the unit.
Messengers: All the parties take the position that regular messen-
gers should be included in the unit. However, the Company and the
Guild suggest that messengers who have been in the employ of the
Company for a period of 3 months should be denied the right to vote
in an election. We believe that the interests of the messengers with
respect to wages, hours, and other conditions of employment will
best be protected by, their inclusion with other employees in the
unit. We shall, therefore, include the regular. messengers in the
unit.° .
Temporary Employees: All the labor organizations urge that such
employees be excluded from the unit. The Company took no posi-
tion. Such employees are hired for the performance of specific
tasks with the knowledge that their work is to be temporary. Under
° ifatter of The Western ,Union Telegraph Company and Telegraph Worlers Indepeule l
Union, et at, 36 N. L R B 812
298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
these circumstances, we shall exclude temporary employees from the
unit.?
Cafeteria Employees: The A. C. A. and the Guild urged that the
cafeteria employees be included in the unit and the Federation that
they be excluded. The Company took no position with respect to
these employees. In 1940 the,Board certified the C. T. U. as the
exclusive representative of the cafeteria employees. Thereafter the
Company and the C. T. U. entered into an exclusive bargaining con-
tract covering such employees. This contract expired the latter part
of December 1941, after the commencement of this proceeding. It
appears that neither the A. C. A. nor the Guild have any substantial
representation among the cafeteria employees. In view of our prior
certification and the lack of showing by the A. C. A. and the Guild
we find that cafeteria employees should be excluded from the unit.
We find that all employees in the Metropolitan Division of the
Company, including messengers and the clerk in charge of supplies
and requisitions, but excluding employees listed in Appendix B, sec-
tion automatic chiefs, supervisors, chief instructor in charge of
school, monitors, clerk in sales department, clerk in charge of sales
department, assistant to manager in cleaning department, personal
service, commercial and cable representatives, clerks in charge of pay
rolls, night managers, and cafeteria employees, 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 other-
wise will effectuate the policies of the Act.
New York repair shop
All parties agreeing, we shall exclude from the repair-shop unit
the general foreman, assistant general foreman, assistant to general
foreman, shop foremen, chief inspector, and confidential clerk, be-
cause of their supervisory or confidential duties.,
We find that all employees at the New York Repair Shop of the
Company, excluding the general foreman, assistant general fore-
man, assistant to general foreman, shop foremen, chief inspector, and
confidential clerk, constitute a unit appropriate for the purposes of
collective bargaining, and that such unit will insure to the em-
ployees of the Company the full benefit of their right to self -organi-
zation and to collective bargaining and otherwise will effectuate the
policies of the Act.
7 We do not mean to exclude by this paragraph probational employees It appears that
the Company hires most of its employees on a probational basis and they are not considered
by it as temporary employees . It is the Company's intention to retain such employees on
its pay rolls after their probational period we find that probational employees are
entitled to participate in the determination of representatives.
THE WESTERN UNION TELEGRAPH COMPANY 299
Jersey City 11'arehonse
All parties agreeing, we shall exclude from the warehouse unit
employees listed in Appendix C because of their supervisory or con-
fidential duties.
We find that- all employees at the Jersey City _warehouse of the
Company, excluding employees listed in Appendix C, 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.
Cable Department
All parties agreeing, we shall exclude employees listed in Ap-
pendix D from the unit because of their supervisory duties.
We find that all employees in the cable department of, the Com-
pany, excluding employees listed in Appendix D, 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.
Newark
As stated above, we shall exclude the traffic-department employees
at-Newark from the unit inasmuch as they are in the Metropolitan
Division of the Company. The Company and the T. E. F. of N. J.
are in disagreement as to the following classification of employees.
The T. E. F. of N. J. asks that they be included in the unit and the
Company suggests that they be excluded.
Cashiers: These persons are responsible for Company funds in
the city of Newark and have access to confidential financial records,
including pay rolls, of the Company. We shall exclude them from
the unit.
Night Manager and Late Night Manager: These employees have
jurisdiction over the main and branch offices in the metropolitan
Newark area during their tours of duty. Although they do not have
the authority to hire or discharge, they make recommendations with
respect to hiring and discharging, and the Company gives consider-
able weight to them. We shall exclude the night manager and late
night manager from the unit.
Clerk in Charge of Distribution Activities: This person is in
charge of the distribution of all special items in the metropolitan
Newark area. He employs and' discharges special messengers used
for distribution work. We shall exclude him from the unit.
300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Clerk in Charge of Messenger Personnel: This employee inter-
vie-,wws messengers, checks their applications, and actually puts them
to work. We shall exclude him from the unit.
Soliciting Branch Managers: The parties agree that regular branch
managers should be included in the unit but the Company takes the
position that soliciting branch managers be excluded because they
are engaged in sales promotion work in addition to their regular
duties. We have included them in similar divisional office units and
see no reason for excluding them in this case. We find that soliciting
branch managers should be included in the unit.
Managers of Suburban Offices: These employees have the authority
to hire and discharge messengers but have no such authority with
respect to other employees. We find that these employees should be
included in the unit.
Messengers: The Company took the same position in regard to
messengers as outlined above in the Metropolitan Division unit.
For the reasons indicated therein, we shall include the messengers
in the unit.
We find that all employees in the metropolitan Newark office of
the Company, including messengers, soliciting branch managers, and
managers of suburban offices, but excluding employees who are part
of the Metropolitan Division of the Company.ancl employees listed
in Appendix E,8 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 questions concerning representation which have
arisen can best be resolved by the holding of elections by secret ballot.
The Guild stated that in the event the Board directed separate
elections among the Cable Department employees or the employees
at the metropolitan Newark offices it-did not desire to appear upon
the ballots in those elections. The Federation stated that it did not
desire to appear upon the ballot in the election among employees in
the metropolitan Newark unit. Our Direction, hereinafter- will be
set up in accord with the above-stated requests.
We shall direct that the employees of the Company eligible to
vote in the elections shall be those in the appropriate units who
were employed during the pay-roll period immediately preceding the
8Appendix E contains the classifications we ha\e found above should be excluded from
the metropolitan Newark unit.
THE WESTERN UNION TELEGRAPH COMPANY 301
date of the Direction of Elections 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. Questions affecting commerce have arisen concerning the repre-
sentation of employees 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 in the home office of the Company, excluding em-
ployees listed in Appendix A, night dispatchers and assistant dispatch-
ers, engineeruig assistants, supervisory assistants, Lewis, Heckler, and
Keuhler, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
3. All employees, in the Metropolitan Division of the Coinpany,
including messengers and the clerk ih charge of supplies and requi-
sitions, but excluding employees_ listed in Appendix -B, section auto-
matic chiefs, supervisors, chief instructor in charge of school, moni-
tors, clerk in sales department, clerk in charge of sales department,
assistant to manager in cleaning department, personal' service, cone
inertial, and cable representatives, clerks in charge of pay rolls,
night managers, and cafeteria employees, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act.
4. All employees at the New York repair shop of the Company,
excluding the general foreman, assistant general foreman, assistants
to general foreman, shop foremen, chief inspector, and confidential
clerk, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
5. All employees at the Jersey City warehouse of the Company,
excluding employees listed in Appendix C, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9, (b) of the Act.
. 6. All employees in the Cable Department of the Company, ex-
chiding employees listed in Appendix D, constitute a emit appropriate
for the purposes of collective 'bargaining, within the meaning of
Section 9 (b) of the Act.
7. All employees in the metropolitan Newark offices of the Com-
pany, including messengers, soliciting branch managers and managers
of suburban offices, but excluding employees who are part of the
Metropolitan Division of the Company and employees listed in Ap-
pendix E, constitute a unit appropriate for the purposes of collec-
tive`bargaining, within the- nmeaning of Section 9 (b) of the Act.
302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS
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, elections by secret
ballot shall be conducted as soon as possible, but not later than
thirty (30) clays from the date of this Direction , under the direction
and supervision of the Regional Director for the Second 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 :
1. All employees in the home offices 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 listed in Appendix A, night dis-
patchers and assistant dispatchers , engineering assistants , supervisory
assistants, Lewis, Heckler, Keuhler , and employees who have since
quit or been discharged for cause , to determine whether they desire
to be represented by Telegraph Employees Federation of New York,
affiliated with the American Federation of Labor, or by American
Communications Association , affiliated with the Congress of Indus-
trial Organizations , or by The Communications Guild , for the pur-
poses of collective bargaining , or by none of said organizations.
2. All employees in the Metropolitan Division of the Company
who were employed during the pay-roll period immediately pre-
ceding the date of this Direction , including messengers, the clerk in
charge of supplies and requisitions , and 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 listed in Appendix
B, section automatic chief, supervisors , chief instructor in charge oI
school, monitors, clerk in sales department , clerk in charge of sales
department , assistant to manager in cleaning department , personal
service, commercial , and cable representatives , clerks in charge of
pay rolls, night managers , cafeteria employees , and employees who
have since quit or been discharged for cause , to determine whether
they desire to be represented by Telegraph Employees Federation of
New York, affiliated with the American Federation of Labor, or by
THE WESTERN UNION TELEGRAPH COMPANY 303
American Communications Association, affiliated with the Congress
of Industrial Organizations, or by The Communications Guild, for
the purposes of collective bargaining, or by none of said organizations.
3. All employees at the New York repair shop 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 the general foreman, assistant
general foreman, assistant to general foreman, shop foremen, chief
inspector, confidential clerk, and employees who have since quit or
been discharged for cause, to determine whether they desire to be rep-
resented by Telegraph Employees Federation of New York, affiliated
with the American Federation of Labor, or by American Communi'
cations Association, affiliated with the Congress of Industrial Organ-
izations, or by The Communications Guild, for the purposes of col-
lective bargaining, or by none of said organizations.
4. All employees at the Jersey City warehouse 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 tem-
porarily laid off, but excluding employees listed in Appendix C and
employees who have since quit or been discharged for cause, to deter-
mine whether they desire to be represented by Telegraph Employees
Federation of New York, affiliated with the American Federation of
Labor, or by American Communications Association, affiliated with
the Congress of Industrial Organizations, or by The, Communications
Guild, for the purposes of collective bargaining, or by none of said
organizations.
5. All employees in the cable department 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 listed in Appendix D and employees
who have since quit or been discharged for cause, to determine whether
they desire to be represented by American Communications Associa-
tion, affiliated with the Congress of Industrial Organizations, or by
Telegraph Employees Federation of New York, affiliated with the
American Federation of Labor, for the purposes of collective bar-
gaining, or by neither. _
6. All employees in the metropolitan Newark offices of the Com-
pany who were employed during the pay-roll period immediately
448105-42-vol. 39-21
304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
preceding the date of this Direction , including messengers , soliciting
branch managers , managers of suburban offices, and 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 are part_
of the Metropolitan Division of the Company , employees listed in
Appendix E, and employees who have since quit or been discharged
for cause , to determine whether they desire to be represented by
Telegraph Employees Federation of New Jersey, 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, or by neither.
CHAIRMAN MILLis took no part in the consideration of the above
Decision and Direction of Elections.
APPENDIX A
HOME OFFICES
Traffic Department
General Office
Vice President
General Supervisor of Traffic Operation
General Cable Supervisor -
General Cable Electrician
Circuit Layout & Routing Engineer
General Supervisor of Traffic Engineering
General Supervisor of Wire Service
Chief Clerk
General Supervisor of Employment
General Traffic Supervisors
Traffic Accountant
Office Layout Engineer -
General Inspectors
Printing Supervisor
Traffic Studies Engineer
Assistant Chief Clerk
Dispatchers
Miss A. W. Tuttle-stenographer
-Commercial Department
Office of First Vice President :
First Vice President
Assistant Vice President
Assistants to Vice President
THE WESTERN UNION TELEGRAPH COMPANY
-
305
General Sales Manager
General Sales Representative
Superintendent of Tariff Bureau
Assistant Superintendent of Tariff Bureau.
General Superintendent of CND
Assistant to General Superintendent of CND
United States Cable Manager
Manager Cable Bureau
Manager Money Order and Time Services
Advertising Manager
General Supervisor of Stationery and Supplies
Secretary to First Vice President
Secretary to Assistant Vice President
Secretary to General Superintendent of CND
Supervisory Clerks Cable Bureau
Supervisory Clerk Operation and Personnel
Supervisory Clerk Leased Wires, Facilities, Etc.
Supervisory Clerk Sales -
Supervisory Clerks Accounting and Statistical
Supervisory Clerks Terminal Handlings
Supervisory Clerks Advertising, Publicity, Etc.
Supervisory Clerks Tariffs
Supervisors Stenographic Bureau
Supervisor, Files
Director of Personal Service and Customer-Employee Relations
Vice President-Plant :
Vice President
General Supervisor of Plant Methods
General Supervisor of Lines
General Supervisor of Equipment
General Supervisor of Buildings
General Supervisor of Time & Msgr. Svce.
General Supervisor of Ticker Service
Chief Clerk _
Secretary
Supervisors
Inspector
Engineering Assistant
General Headquarters :
Comptroller
Assistant Comptroller
Secretaries (confidential stenographers)
Chief Division Auditor
Supervisors
Secretary (confidential stenographer)
306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Confidential Clerks (confidential work closely related to manage=
ment)
Auditor of Cables
Supervisor of Disbursements
Supervisor of Revenues
Confidential Stenographers
General Supervisor of Methods
Supervisors of Systems and Methods
Confidential Stenographer
Statistician
Assistant to Statistician
Wage and Hour Statistician
Mathematician and Actuary
Assistant to Statistician on Special Assignments, including
Reports to Stockholders, etc.
Confidential Statistical Clerks
Confidential Secretaries and Stenographers
a Confidential File Clerks
Confidential Statistical Draftsmen
Confidential Calculating Operator
Auditor of Land Lines
Chief Clerk';
Secretary to Auditor of Land Lines, also Secretary to Chief
Clerk
General Books Supervisor
Plant Accounting Supervisor
Tax Supervisor
Voucher Supervisor
Transportation Supervisor
Authorization Clerks
Office Service Supervisor
Stenographic and Typing Supervisor
Duplicating Supervisor
Purchasing and Stores Department
General Office :
General Purchasing Agent
Secretary
Assistant General Purchasing Agent
Buyers
Chief Clerk
Superintendent of Stores
Secretary
-Supply Supervisors
Transportation Supervisor
Systems and Methods Supervisor
THE WESTERN UNION TELEGRAPH COMPANY 307
Engineering Department
Vice President Central Office Engineer
Engineer of Electronics Assistant Central Office Engineer
Assistant Engineer of Electronics Assistant to' Central Office En-
Assistant to Engineer of Elec- gineer
tronics Engineer of Lines
Plant Engineer Assistant Engineer of Lines
Assistant Plant Engineer Assistant to Engineer of Lines
Assistant to Plant Engineer Valuation Engineer
Engineer of Automatics Assistant Valuation Engineer
Assistant Engineer of Automatics Transmission Engineer
Assistant to Engineer of Auto- Assistant Transmission Engineer
matics Assistant to Transmission Engi-
New Methods Engineer neer
Development Engineer Ocean Cable Engineer
Assistant Development Engineer Assistant Ocean Cable Engineer
Assistant to Development Engi- Chief Clerk
neer Personnel Director
Equipment Engineer Supervisor
Assistant Equipment Engineer Secretary to Vice President
Assistant to Equipment Engineer Chief Material Inspector
Treasurer's Department
Treasurer and Assistant Treasurers
Supervisor, Audit and Control Bureau
Supervisor, field bank accounts
Cashier
Teller
Supervisor, stock transfers, dividends and bond interest payments
Supervisor, Stenographic Bureau
Confidential clerks
Public Relations and Contract Department
Public Relations and Contracts :
Vice President
Secretary to Vice President
Public Relations Department :
Assistant to Vice President
Publicity Director
Chief Clerk
Contract Department :
General Contract Manager
Statistician
Chief Clerk
308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Executive Department :
Confidential Secretary
Confidential Clerk
Librarian
Legal Department :
All employees
Industrial Relations Department :
All employees
APPENDIX B
METROPOLITAN DIVISION
New York Main Office and Branches
Traffic Managers -
Chief Operators
Night Traffic Managers
Night Chief Operators
Assistant Traffic Managers
Assistant Chief Operators
T & R Chief
Wire Chief
Repeater Chief-
Night Repeater Chiefs
Night T & R Chiefs
Automatic Chiefs
Night Automatic Chiefs
Teleprinter Chief
Section Teleprinter Chiefs
Section Supervisors
Senior Supervisors
Unit Supervisors
Employment Supervisor
Instructor (Chief Instructor in
charge of school)
Two confidential clerks to Traffic
Manager
General
Confidential Clerk to Night Traf-
fic Manager
Confidential Clerk to A. T. M.
Teleprinter
Automatic Supervisor (Confiden-
tial to A. T. M. Auto.)
Confidential Clerk to- Traffic
Manager CD Office
Nurse (Nurse in Charge)
Route Supervisor D. & A. CD
Office -
Route Supervisor Distribution
-CD Office
Service Supervisor CD Office
Manager-Supervisor - New York
Times
Manager-Supervisor-New York
Tribune
Manager-Supervisor-I. N. S.
Manager-Supervisor-U. P.
Manager-Supervisor-A. P.
Clerical Supervisor
"Other employment" employees
Manager's O ffiee
General Manager
Chief Clerk
Division Sales Manager
Division Sales --Representative
Division Commercial Managers
Division Cable Manager
General Manager's Private Sec-
retary
Division Personnel Service Rep-
resentative
Clerk in charge of Sick Benefits
Clerk in charge of Operations
Clerk in charge- of Terminal
handlings
Clerk in charge of Statistics
THE - `VESTERN UNION TELEGRAPH COMPANY
Clerk in charge of Stenographic
Bureau
Clerk - in charge of Messenger
Personnel
Clerk in charge of Errand Serv-
ice Section
Clerk in charge of Messenger dis-
patching
Clerk in charge of Commercial
Service
Division Cashier
Clerk in charge of Disbursements
First District:
District Superintendent
Secretary to Superintendent
Chief Clerk.
District Sales Manager
District Managers
Second District :
District Superintendent
Secretary to Superintendent
Chief Clerk -
District Sales Manager
District Managers
third District :
District Superintendent
Secretary to Superintendent
Chief Clerk
District Sales Manager
-District Managers
Fourth District:
District Superintendent
Secretary to Superintendent
Chief Clerk
District Sales Manager
District Managers -
309
Manager of Credits & Collections
Clerks in charge of Credit & Col-
lection sections
Clerks in charge of Mail Bureau
Manager in charge of Cleaning
Department -
Clerk in charge of
Assignments
Messenger
Clerk in charge of Branch Office
Relief Assignments
Clerk in charge of Messenger De-
partment
Traffic Department
Division Traffic Superintendent's Office :
Division Traffic Superintendent
Division Traffic Engineer
Division Traffic Supervisors
Division'T & R Chief
310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Chief Clerk
Division Traffic Inspector
Confidential Clerks
Confidential Stenographer
Senior Supervisor (Traffic and Force)
Restaurant Manager
Assistant 'Restaurant Manager
Newark Traffic Department :
Chief Operator
Night Chief Operator
APPENDIX C
Jersey City Warehouse
Warehouse Manager
Stock Supervisor
Service Supervisor
Transportation Supervisor
Chief Clerk
Local Buyer
Cashier
Confidential Stenographer
Warehouse Foreman
Head Storemen .
APPENDIX D
Cable Department
Pompliano, senior cable supervisor
Toomey, senior cable supervisor
Bundey, cable supervisor
Record, cable supervisor
Lydon, cable supervisor
Smith, senior cable supervisor
Sharman, cable supervisor
Hershberg, cable supervisor
Wiseman, senior cable supervisor
Fives, cable supervisor
Harkins, assistant cable supervisor
Dooher; route supervisor
Sauer, route supervisor
Kerley, route supervisor
Dullea, route supervisor ,
Till, senior telephone supervisor
Petersen, telephone supervisor
Langlois, telephone supervisor
Gjetting, senior service supervisor
Lloyd, assistant senior service
supervisor
Johnson, service supervisor
Whelan, service supervisor
Teichmann, service supervisor
Helpin, service supervisor
Nielsen, equipment chief
Miller, station electrician
APPENDIX E
Metropolitan Newark O fces
Commercial Department:
Superintendent
Chief Clerk
THE WESTERN UNION TELEGRAPH COMPANY 311
Sales Manager
Delivery Manager
Chief Delivery Clerk
Cashier . -
Night Manager
Late Night Manager
Superintendent's Private Secretary
Clerk in charge of Distribution Activities
Clerk in charge of Messenger Personnel
Plant Department :
City Foreman
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
THE COMDIUNICATIONs GUILD
In the Matter of TIIE WESTERN UNION TELEGRAPH COMPANY and
TELEGRAPH EMPLOYEES FEDERATION OF NEW YORK ( A. F. OF L.)
In the Matter of THE WESTERN UNIoN TELEGRAPH COMPANY and
AMERICAN COMMUNICATIONS ASSOCIATION ( C. I. 0.
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
AMERICAN COMMUNICATIONS ASSOCIATION, LOCAL 2
,In the Matter of TIIE WESTERN UNION TELEGRAPH COMPANY and
TELEGRAPH EMPLOYEES FEDERATII N OF NEW JERSEY ( AFFILIATED
WITH THE A. F. OF L.)
In the Matter of THE WESTERN UN iON TELEGRAPH COMPANY and
AMERICAN COMMQNIC %TIONS ASSOCIATION
Cases Nos. R-3357 to R-3361, inclusive, respectively and R-3392
AMENDMENT TO DIRECTION OF ELECTIONS
March 9, 1942 -
On February 28, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above entitled proceedings.'
The Board, having been advised that The Communications Guild
does not desire to appear upon the ballots in the elections, hereby
amends paragraph 1 of its Direction of Elections by striking there-
from the words "or by The Communications Guild, for the purposes
of collective bargaining, or by none of said organizations" and sub-
stituting therefor the words "for the purposes of collective bargain-
ing, or by neither"; 'by striking from paragraph 2 the words "or by
The Communications Guild, for the purposes of collective bargaining,
or by none of said organizations" and substituting therefor the Words
"for the purposes of collective_ bargaining, or by neither"; by striking
from paragraph 3 the words "or by The Communications Guild, for
the purposes of collective bargaining, or by none of said organiza-
tions" and substituting therefor the words "for the purposes of col-
lective bargaining, or by neither"; and by striking from paragraph
4 the words "or by The Communications Guild, for the purposes of
collective bargaining, or by none of said organizations" and substi-
tuting therefor the words "for the purposes of collective bargaining,
or by neither."
1 39 N L R. B. 287
39 N. L.R.B,No 53a.
312
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
THE COMMUNICATIONS GUILD
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
TELEGRAPH EMPLOYEES FEDERATION OF NEW YORK (A. F. OF L.)
In the Matter of. THE WESTERN UNION TELEGRAPH COMPANY and
AMERICAN COMMUNICATIONS ASSOCIATION (C. I. 0.)
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
AMERICAN COMMUNICATIONS'ASSOCIATION, LOCAL 2
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
TELEGRAPH EMPLOYEES FEDERATION OF NEW JERSEY (AFFILIATED
WITH THE A. F. of L.)
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
AMERICAN COMMUNICATIONS ASSOCIATION
Cases Nos. R-3357 to R-3361, inclusive, respectively, and R-3392
AMENDMENT TO DECISION
AND
DIRECTION OF ELECTION
March 21, 1942
On February 28, 1942, the National Labor Relations Board, herein
called the Board , issued a Decision and Direction of Elections in the,
above-entitled proceeding .' On March 9, 1942, the Board issued an
Amendment to Direction of Elections.2
During the hearing, the parties stipulated to exclude 10 named
employees from the Cable Department whom the Board did not
specifically mention in its Decision , and on March 17, 1942, all the
parties entered into a stipulation agreeing to exclude other confiden-
tial or supervisory employees not mentioned in the record.
The Board hereby amends its Decision by adding to Appendix A
the following :
Medical Director
Secretary to Medical Director
Lazzarie
139 N. L. R. B. 287.
2 39 N. L. R. B. 312.
39 N. L. R. B., No. 53b.
313
314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All employees in executive department
All employees in public relations and-contracts department
All employees in Employees Benefit Fund department
E. M. Hering
M. C. Reese
V. R. Carroll
G. Rhoderick
G. Hill
E. Swanson
B. Hylan
A. E. Depperman
E. A. Looney
H. G. Keyser
J. J. Finnegan
T. H.- Warren
By adding to Appendix B the following:
News Chief
B. Zucker
F. Bucherati
A. R. Wilcox
Adelaide DiMonarco
S. J. Britt
Edith Case
Sigrid Dahl
Alma Gardner
Anna Krause
Florence Jacobi
Doretta Viering
Charlotte Bekel
Annie Horscroft
John W. Bush
By adding to Appendix D the following :
Superintendent in charge of Cable Operations
M. Devlin, clerk-stenographer
Kanoff, clerk to Division Cable Manager
Charles Ludlum
C. Andrews
G. Manson
Raymond W. Norman
Paul L. Morel
T. F. Foley
C. T. J. Willis
H. F. Phalon
D. J. Gilvey
R. L. Tierney