The Western Union Telegraph Co.

National Labor Relations Board - Board DecisionsJun 17, 1942

41 N.L.R.B. 1051 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and CoM- MERCIAL TELEGRAPHERS UNION, LOCAL 34 DIVISION 2 In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and COMMERCIAL TELEGRAPHERS UNION, LOCAL 40 Cases Nos. R-3860 and R-3861, respectively .Decided June 17, 15f4 Jurisdiction : telegraph communications industry. Investigation and Certification of Representatives : existence of question : Com- pany refuses to recognize any union until Board determines appropriate bargaining agency or agencies ; elections necessary. Units Appropriate for Collective Bargaining : separate units comprising all commercial and traffic department employees in the first and third districts of'the Pacific Division, respectively, of the Company, with specified inclusions and exclusions. Mr. M. T. Cook, of San Francisco, Calif., for the Company. Mr. Vincent P. Dunn, of San Francisco, Calif., for the CTU. Mr. Bruce Risley, of San Francisco, Calif., for the ACA. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by Commercial Telegraphers Union, Local 34 and Local 40, herein called the CTU, alleging that a question af- fecting commerce had arisen concerning the representation of employ- ees of The Western Union Telegraph Company, herein called the Company, the National Labor Relations Board consolidated the cases and provided for an appropriate hearing upon due notice before LeRoy Marceau, Trial Examiner. Said hearing was held at San Francisco, California, on May 20 and 21, 1942. The Company, the CTU, and American Communications Association, herein called the ACA, appeared, participated, and 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. 41 N. L. R. B., No. 195. ' 1051 1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On May 29, 1942, the CTU filed a memorandum which the Board has considered. 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 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, inter-' state, and international communications. In the operation of its na- tional and international communications system, the Company owns and/or operates 209,527 miles of pole lines, 4,146 miles of land line cable, 1,892,329 miles of wire, 30,337 nautical miles of ocean cable, and 19,025 telegraph offices. At the close of 1941, the Company em- ployed approximately 52,000 persons. We are here concerned with the First and Third Districts of the Pacific Division of the Company. II. THE ORGANIZATIONS INVOLVED Commercial Telegraphers Union, Locals 34 and 40, are 'labor or- ganizations affiliated with the American Federation of Labor, admit- ting to membership employees of the Company. American Communications Association is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION The Company refuses to recognize any labor organization as a rep- resentative of its employees until such time as the Board determines the appropriate bargaining agency or agencies. A statement of a Field Examiner of the Board, introduced into evidence during the hearing, indicates that the CTU represents a substantial number of employees in each of the units hereinafter found to be appropriate.' 'The Field Examiner reported that CTU presented 346 membership -application cards, 1801 of which bore the names of persons who appear on the Company 's pay roll of November 22, 1941, for the First District of the Pacific Division There are approximately 627 employees in the First District unit hereinafter found to be appropriate . The Field Examiner further reported that the CTU presented an additional 240 membership -appli- cation cards , 134 of which bore the names of persons who appear on the Company's pay roll of November 22, 1941 , for the Third District of the Pacific Division . There are approximately 500 employees in the Third District unit hereinafter found to be appropriate. Although the ACA appeared and participated in the hearing, it stated that it did not claim to represent any employees involved herein and it did not wish to appear on the ballot in any elections directed by the Board as a result of these proceedings. THE WESTERN UNION TELEGRAPH COMPANY '1053 We find that questions affecting commerce have arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. IV. THE APPROPRIATE UNITS All parties agree, and we find, that commercial and traffic depart- ment employees in the First District and in the Third District of the Pacific Division of, the Company constitute two units appropriate for the purposes of collective bargaining. All parties further agree, and we find, that employees in divisional cities, district superintendents, district managers, chief clerks to dis- trict superintendents, chief operators and managers at functional offices, and the manager of Sacramento (in the First District), should be excluded from the units. Questions arose at the hearing with respect to the disposition to be made of managers, relief managers, and delivery managers. The Company urges that all such employees be excluded from the units and the CTU and the ACA that they be included. Managers and relief managers,: These employees are managers of the non-functional district offices throughout the First and Third Districts of the Pacific Division of the Company. The Company asks that these employees be excluded on the ground that they repre- sent the management and have authority to hire and discharge messengers. Although it appears that managers do have authority 'to hire and discharge messengers, the managers and the other em- ployees at the district offices are under the supervision of a district superintendent. We find that all managers and relief managers of non-functional district offices in the First and Third Districts of the Pacific Division of the Company, with the exception of the manager at Sacramento, should be included in the units. Delivery managers: The Company urges that delivery managers at 11 cities in the First District and 8 cities in the Third District be excluded from the units. Although the delivery managers at these cities have the authority to hire and discharge messengers, they are under the supervision of a manager who is in turn under the direc- tion of a district superintendent. It also appears that the delivery managers spend most of their time performing non-supervisory functions. We shall include all delivery managers in the units. We find that all commercial and traffic department employees in the Offices located in the First District of the Pacific Division of the Company, including delivery managers and managers and relief managers at non-functional offices, but excluding the manager at Sacramento, district superintendents, district managers, chief clerks 1054 DECISIONS OF NATIONAL_ LABOR. RELATIONS BOARD to district superintendents, managers and chief operators at func- tional offices, and employees in divisional cities, constitute a unit appropriate for the purposes of collective -bargaining within the meaning of Section 9 (b) of the Act. We find that all commercial and traffic department employees in the offices located in the Third District of the Pacific Division of the Company, including delivery managers and managers and relief managers at non-functional offices, but excluding district superin- tendents, district managers, chief clerks to district superintendents, managers and chief operators at functional offices, and employees in divisional cities, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. DETERMINATION OF REPRESENTATIVES We shall direct that the questions concerning representation which have arisen be resolved by elections by secret ballot among the-em- ployees in the appropriate units who were employed during the pay- roll period or periods immediately preceding the date of the Direc- tion of Elections herein, subject to the limitations and additions set forth in the Direction. 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 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, separate elections 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 Iof the Regional Director for the Twentieth 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. The employees in the unit found appropriate in the sixth para- graph in Section IV, above, who were employed during the pay-roll period immediately, preceding the date of this Direction, including any such employee 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 exclud- ing any who have since-quit or been discharged- for cause, to deter- mine whether or not they desire to be represented by Commercial i THE WESTERN UNION TELEGRAPH COMPANY 1055 Telegraphers Union, Local 34, affiliated with the American Federa- tion of Labor, for the purposes of collective bargaining. 2. The employees in the unit found appropriate in the seventh paragraph of Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including any such employee 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 any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Commercial Telegraphers Union, Local 40, affiliated with the American .Federa- tion of Labor, for the purposes of collective bargaining.