The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

May 18, 1941

41 N.L.R.B. 35 (N.L.R.B. 1941)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS' UNION, LOCAL #23, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
Case No. R-3803.-Decided May 18,1941
Jurisdiction : telegraph communications industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to accord union recognition until certified by the Board ;
election necessary.
Unit Appropriate for Collective Bargaining : all employees at the Wichita,
Kansas, office, excluding chief operators, city superintendent, sales manager,
messengers engaged exclusively in errand and distribution service, and tem-
porary employees.
Mr. C. R. Nichols, of Dallas, Tex., for the Company.
Mr. R. R. Weldon, of Kansas City, Mo., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Commercial Telegraphers' Union,
Local #23, affiliated with the American Federation of Labor, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of The Western
Union Telegraph Company, Wichita, Kansas, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice, before Robert S. Fousek, Trial Ex-
aminer. Said hearing was held in Kansas City, Missouri, on May 6,
1942. The Company and the Union appeared and participated.' All
parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made -at the hearing are free
from prejudicial error and are hereby affirmed.
'American Communications Association was also served with notice of hearing - but did
not appear.
41 N. L. R. B.,_No. 9.
35
36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
- Upon the entire record in the case, the Board makes the following:
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 2,010,311 miles of pole lines; 4,052 miles of land
line cable; 1,878,197 miles of wire; 30,312 nautical miles of ocean
cable; and 19,140 telegraphic offices. At the close of 1940 the Com-
pany employed 51,153 persons. This proceeding involves employees
at the Wichita, Kansas, office of the Company. The Company ad-
mits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
I;. THE ORGANIZATION INVOLVED
Commercial Telegraphers' Union, Local #23, is a labor organiza-
tion affiliated with the American Federation of Labor, admitting to
membership employees at the Wichita, Kansas, office of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive repre-
sentative of its employees at Wichita, Kansas, 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 unit hereinafter
found to be appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union alleges that all employees at the Wichita, Kansas, office
of the Company, excluding chief operators, city superintendent, sales
2 The F ield Examiner reported that the Union presented 40 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany'§ pay roll of March 21 , 1942. There are approximately 95 emloyees in the unit
hereinafter found to be appropriate.
. THE WESTERN" UNION TELEGRAPH COMPANY 37
manager, messengets engaged exclusively in errand and distribution
service, and temporary employees, constitute a unit appropriate for
the purposes of collective bargaining. The Company stated it had
no objection to this unit.8
We find that all employees at the Wichita, Kansas, office of the
Company, excluding chief operators, city superintendent, sales man-'
ager, messengers engaged exclusively in errand and distribution
service, and temporary employees, constitute it unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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.
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 to ascertain representa-
tives for the purposes of collective bargaining with The Western
Union Telegraph Company, Wichita, Kansas, 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 Seventeenth Region,
acting in this matter as agent for the National Labor Relations
Board and subject to Article III, Section 9, of said Rules and Regu-
lations, among the employees' in the unit. found appropriate in
Section IV above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including any such
employees who did not work during said pay-roll period because
they were ill or on vacation or in the active military service or train-
ing of the United States, or temporarily laid off, but excluding any
who have, since quit or been discharged for cause, to determine
s The Company stated that although It considered a Nation-wide unit appropriate, it
had no objection to the setting up of divisional cities, such as Wichita , as separate
bargaining units.
38. DECISIONS OF_NATTONAL LABOR RELATIONS BOARD
whether or not they desire to be represented by -Commercial Teleg-
raphers' Union , Local #23,' affiliated with - the American Federation
of Labor, for the purposes of collective bargaining.
MB..GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
t,
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS UNION, LOCAL #23, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
Case No. R-3808
AMENDMENT TO DECISION AND DIRECTION OF
ELECTION
June 3, 1942
On May 18, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.
On May 25, 1942, The Western Union Telegraph Company and Com-
mercial Telegraphers Union, Local #23, affiliated with the American
Federation of Labor, entered into a stipulation providing for the
exclusion of the delivery manager, chief clerk, and city foreman from
the unit found appropriate by the Board in its Decision and Direction
of Election of May 18, 1942. The Board hereby approves the stipu-
lation and makes it a part of the record.
IT IS HEREBY ORDERED that the Decision and Direction of Election
of May 18, 1942, be, and it hereby is, amended by inserting the words
"delivery manager, chief clerk, city foreman" between the words
"city superintendent," and the words "sales manager" in Paragraph 2
of Section IV of the Decision and Direction of Election in the above-
entitled proceeding.
341 N. L. R. B. 35.
41 N. L. R. B., No. 9a.
39