The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Mar 14, 1942

39 N.L.R.B. 787 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS' UNION, WESTERN UNION LOCAL 144
Case No. R-3570.-Decided March 14, 1942
Jurisdiction : telegraph communications 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 metropolitan
Akron, Ohio, offices of the Company, excluding the superintendent, manager
.of delivery department, commercial representative, chief operator, night chief
operator, confidential clerk to chief operator, telephone supervisor, automatic
supervisor, and city foreman.'
Mr. Ramey Donovan, for the Board.
Mr. Edwin C. Ziesel, of Chicago, Ill., for the Company.
Mr. Hugh C. McKenny, of Washington, D. C., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
'AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 24, 1941, Commercial Telegraphers' Union, Western
Union Local 144, herein called ,the Union, filed with the Regional
Director for the Eighth Region (Cleveland, Ohio) a petition alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of The Western Union Telegraph Com-
pany, Akron, Ohio, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 419, herein called
the Act. On February 13, 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 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.
39 N. L. R. B., No. 150. - - '
787
788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On February 17, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union, and upon American Communications Association. Pur-
suant to notice, a hearing was held on February 24, 1942, at Akron,
Ohio, before Webster Powell, the Trial Examiner duly designated
by the Chief Trial Examiner. The Board, the Company, and the
Union were represented and participated in the, hearing. Amer-
ican Communications Association 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. The Trial Examiner granted a motion of the Union during
the hearing to amend its petition as to formal matters. During
the' course of the hearing the Trial Examiner made several 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.
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 cor-
poration with its principal office at 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. At the close of 1940,
the Company employed approximately 43,500 persons. The Com-
pany maintains offices at Akron, Ohio, with which we are here "
concerned.
H. THE ORGANIZATION INVOLVED
Commercial Telegraphers' Union, Western Union Local 144, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees at the Akron, Ohio, offices of'the
Company. -
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union until such time as
it is certified by the Board. A statement of a Field Examiner of the
Board, introduced into evidence at the hearing, shows that the Union
represents a substantial number of employees in the alleged appro-
priate unit.'
1 The Field Examiner reported that the Union presented 41 authorization cards bearing
the signatures of persons who appear on a pay roll of the Company . There are approxi-
mately 96 employees in the alleged appropriate unit. -
THE WESTERN UNION TELEGRAPH COMPANY 789
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
described in Section I above, has a close, intimate, and substantial
relation 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.
V. THE APPROPRIATE UNIT
The Union urges that all employees at the metropolitan Akron,
Ohio, offices of the Company, excluding the superintendent, manager
of delivery department, commercial representative, chief operator,
night chief operator, confidential clerk to chief operator, telephone
supervisor, automatic supervisor, and city foreman, constitute a unit
appropriate for the purposes of collective bargaining. The Com-
pany stated that although it considered a nation-wide unit appro-
priate, it ordinarily had no objection to the setting up of divisional
cities as separate bargaining units. Akron, Ohio, is designated by
the Company as a divisional city. The Company- stated, however,
that although Akron is a divisional office, because of its small num-
ber of employees it should be included in_ a district unit rather than
be set up as a separate bargaining unit.
A divisional office is a homogenous unit in the Company's organ-
izational setup. A divisional office is not connected functionally in
any way with the district offices of the Company and is under sep-
arate supervision. We believe that the purposes of the Act can best
be effectuated by establishing bargaining units which will conform
to the Company's operational units. We find that employees at the
divisional office of Akron, Ohio, should be set up as a separate appro-
priate bargaining unit. The Company stated that it had no objec-
tion to the exclusions requested by the Union.
We find that all employees at the metropolitan Akron, Ohio, offices
of the Company, excluding the superintendent, manager of delivery
department, commercial representative, -chief operator, night chief
operator, confidential clerk to chief operator, telephone supervisor,
automatic supervisor, and city foreman, constitute a unit appropriate
for the purposes of collective bargaining and that such unit will
insure to the 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.
790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
We find that the employees of the Company eligible to vote in the
election shall be those within the appropriate unit who were em-
ployed during the pay-roll period immediately preceding the date of
the Direction of Election herein, subject to the limitations and addi-
tions 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 of The Western Union Telegraph Company,
Akron, Ohio, within the meaning of Section 9 (c) and Section 2
(6) and (7) of the Act.
2. All employees at the metropolitan Akron, Ohio, offices of the
Company, excluding the superintendent, manager of delivery depart-
ment, commercial representative, chief operator, night chief operator,
confidential clerk to chief operator, telephone supervisor, automatic
supervisor, and city foreman, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the 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, Akron, Ohio, 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 Eighth 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 employees at the metropolitan
Akron, Ohio, 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
THE WESTERN UNION TELEGRAPH COMPANY 791
or training of the United States, or temporarily laid off, but exclud-
ing the superintendent, manager of delivery department, commer-
cial representative, chief operator, night chief operator, confidential
clerk to chief operator, telephone supervisor, automatic supervisor,
city foreman, and employees who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by Commercial Telegraphers' Union, Western Union Local 144, affili-
ated with the American Federation of Labor, for the purposes of
collective bargaining.
Mx. Wiz. M. LEisERsoN took no part in the consideration of the
above Decision and Direction of Election.