The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Sep 2, 1942

43 N.L.R.B. 895 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
AMERICAN COMMUNICATIONS ASSOCIATION, C. I. O.
In, the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS UNION, A. F. OF L.
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS UNION, A. F. of L.
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS UNION, A. F. OF L.
Cases Nos. R-4108 to R-4111, inclusive , respectively .Decided
September 2, 1942
Jurisdiction : telegraph industry.
Investigation and' Certification of Representatives : existence of questions : re-
fusal to recognize any labor organization until certified by the Board; elections
necessary.
Units Appropriate for Collective Bargaining : (1) floating gang employees
throughout the Eastern Division ; (2) employees on the Eastern Division pay
roll spending a majority of their time working in New York City.
Mr. David E. Krueger; of New York-City, for the Company.
Mr. Mugla C.1tleKenny and Mr. W. L. Allen, of Washington, D. C.,
for the C. T. U.
Boudin, Cohn & Glickstein, by Mr. Victor Rabinowitz, of New York
City, for the A. C. A.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by American Communications Association,
herein called the A. C. A., and Commercial Telegraphers Union, herein
called the C. T. U., alleging that questions affecting commerce had
arisen concerning the representation of employees of The Western
Union Telegraph Company, New York City, herein called the Com-
pany, the National Labor Relations Board provided' for an appropri-
ate hearing upon due notice before Frederick R. Livingston, Trial
Examiner. Said hearing was held at New York City on July 30, 1942.
43 N. L. R. B., No. 152.
895
896 DECISIONS OF NATIONAL LABOR RELATIONS BOARD -
The Company, the C. T. U., and the A. C. A. appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
During the course of the hearing, counsel for the A. C. A. moved to
amend the A. C. A.'s petitions. The Trial Examiner reserved his
i filling. The' motion is hereby granted. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and 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 corporation
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 inter-
national communications. , In the operation of its national and inter-
national communications system, the *Company owns and/or operates
•210,311 miles of pole lines, 4,082 miles of landline cable, 1,878,197 miles
of wire, 30,312 miles ocean cable, and 19,140 telegraph offices. ' The
Company employs approximately 51,000 persons. We are concerned
with the floating gang employees working throughout the Eastern
Division of the Company and employees on the Eastern Division pay
roll of the Company who spend a majority of their time working in
New York City.
H. THE ORGANIZATIONS INVOLVED
American Communications Association is a labor organization affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
Commercial Telegraphers Union is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
- III. THE QUESTIONS CONCERNING REPRESENTATION
The Company refuses to recognize any labor organization as'the
exclusive representative of its employees until such time as the Board
determilies'the appropriate bargaining agency or agencies.
'The A. C. A. and the C. T: U. stipulated at the hearing that each
represents a substantial number of employees in each of the two units
hereinafter found to be appropriate . ' The Company stated that it had
no objection to this stipulation.
THE WESTERN UNION TELEGRAPH COMPANY 897
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the meaning
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 floating gang employees working
throughout the Eastern Division of the Company and employees on
the Eastern Division pay roll who spend a majority of their time
working in New York City, constitute two units appropriate for the
purposes of -collective bargaining 1
We -find, in accordance with a stipulation of the parties, that all
employees listed in Appendix A should be excluded from the units.
A question arose at the hearing concerning the exclusion of assistant
gang foremen from the floating gang unit. These employees work
throughout the Eastern Division of the Company. The Company
suggests that they be excluded from the floating gang unit and the
C. T. U. and A. C. A. urge that they be included. These persons actu-
ally perform manual duties but in the absence of the gang foreman
supervise other employees. Under all the circumstances, we shall
include the assistant gang foremen in the unit.
Further questions arose concerning the exclusion of the following
supervisory and other employees from the unit of employees on the
Eastern Division pay roll who spend a majority of their time working
in New York City.
Forewonnen The Company employs three such persons and suggests
that they be excluded 'from the unit. The A. C. A. and the C. T. U.
urge that they be included in the unit. The record indicates that these
employees perform no manualiduties and spend their entire time super-
vising other persons. We shall exclude them from the unit.
Head Mechanic: The Company suggests that this person be excluded
from the unit and the labor organizations that he be included. The
employee has 10 persons working under him and spends 50 percent of
his time performing supervisory functions. He makes recommenda-
tions with respect to discipline and reports infractions of regulations
by his subordinates. ' We shall exclude him from the unit.
Head Porters: The Company employs 4 such persons, each of whom
has from 5 to 30 employees working under him. The Company, sug-
gests that they be excluded from the unit and the labor organizations
that they be included. The head porters spend about 50 percent of
iheii'time performing supervisory functions and recommend the disci-
pline of their subordinates. We shall exclude them from the unit.
1 The latter unit would include, by agreement of the pasties , some persons on the Eastern
TJn ision,pay roll , w ho spend most of their time working in Jersey City and Long Island
481039-42-vol. 43-57
898 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD
Assistant Foreman: This person is in direct charge of the Company's
school for apprentices. The labor organizations urge that he be in the
unit and the Company suggests that lie be excluded. - This person also
supervises other employees in the Company's shops. We shall exclude
him from the unit.
White and McAndrews: These persons are designated by the Com-
pany as confidential clerks. The Company requests that these persons
be excluded from the unit and the A. C. A. and the C. T. U. that they
be included. These persons handle' confidential contracts and also take
charge of 'files which contain matters dealing with employees' griev
antes. We shall exclude them from the unit.
Hecker, Hagstrom, and Sharp. These persons are classified by the
Company as confidential clerks. The Company and the C. T. U. urge
that they be excluded from the unit and the A. C. A. that they be
included. These persons work in the superintendent of maintenance
offices and handle information leading up to the preparation of pay
rolls. They also conduct investigations with respect to the employees
benefit fund and handle correspondence in connection with grievances..
We shall exclude them from the unit. I
H. D. Brown is classified by the Company as a section supervisor.
The Company suggests that he be excluded from the unit and the labor
organizations that he be included. He has 5 employees under him' and
spends about 50 percent of his time performing supervisory functions.
We shall exclude him from the unit.
Viggiano, Zopf, Huston, and Devana: These persons are classified by
the Company as section supervisors. The Company suggests that they
be excluded from the unit and the labor organizations that they be
included. The record indicates that they spend a negligible amount
of their time performing supervisory functions and they each have a
maximum of two assistants. We shall include them in the unit.
Fitzgibbons, Seeman, Brwnner, Tlzornleg, and Swanson are classified
by the Company as group supervisors. The Coinpauy suggests that
they,be excluded from the unit and the labor organizations that they be
included. The record indicates that these employees spend a maximum
of 25 percent of their time performing supervisory duties and receive
only a slightly higher rate of pay than the employees whom they direct.
We shall include them in the unit.
J. C. Migdalof is classified by the Company as an'invoice supervisor.
The' Company suggests that he be excluded from the unit and the
A. C. A.-and the C. T. U. that he be included. The record indicates that
this person has no employees working under him and performs no
confidential duties. We shall include him in the unit.
We find that all floating gang employees working throughout the
Eastern Division of the Company, including the assistant gang fore-
THE WESTERN UNION TELEGRAPH COMPANY - ' - 899
men, but excluding employees listed in Appendix A, constitute a unit
appropriate for the purposes of collective bargaining, within the mean-
ing of Section 9,(b) of the Act.
We further find that all employees on the Eastern Division payroll
of the Company who spend a majority of their time working in New'
York City 2 including Viggiano, Zopf, - Huston, Devana, Swanson,
Migdalof, Fitzgibbons, Seeman, Brunner, and Thornley, but excluding
forewomen, the head mechanic, head porter, the assistant shop foreman,
White, McAndrews.%Hecker, Hagstrom, Sharp, and employees listed
in Appendix A, constitute a unit appropriate for the purposes of collec-
tive bargaining, within the, meaning of Section 9 (b) of the Act.,
V. THE IETERMMINAT1ON OF REPRESENTATIVES
We shall direct that the questions concerning representation which
'have arisen be resolved by elections by secret ballot among the employees
in the appropriate units who were employed during the pay-roll period
immediately preceding the date of the Direction 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 Relations Act,
49 Stat. 449, and pursuant to Article III, Section 8, of National Labor
Relations Board` Rules and Regulations-Series' 2; a's' 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, New, York City, 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 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
the employees in each of the units 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 training _of the United
States, or temporarily laid off, but excluding any who, have since
quit or been discharged' for' cause; to determine whether they desire
to be represented -by Commercial Telegraphers Union, affiliated with
the American Federation of Labor, or by American Communications,
2 See footnote 1, supra.
900 DECISIONS OF-NATIONAL LABOR RELATIONS: BOARD
Association, affiliated with the Congress of Industrial Organiza-
tions, for the purposes of collective bargaining, or by neither.
CHAIRMAN MILi