The Western Union Telegraph Co.

National Labor Relations Board - Board DecisionsOct 16, 1942

44 N.L.R.B. 1285 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and COM- MERCIAL TELEGRAPHERS ' UNION, A. F. OF L. t 2Case No. R-41326.Decided October 16.19 Jurisdiction : national, telegraph industry. - Investigation and Certification of Representatives : existence of question: re- fusal to accord any organization recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : commercial, plant, and traffic de- partment employees in the First District of the Lake Division of the Com- pany, with specified exclusions. Mr. Clarence A. Meter, for the Board. Mr. C. 0. Kuhns, of Chicago, Ill., for the Company. Mr. R. G. Steinbrenner, of Chicago, Ill., for the CTU. MP. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Commercial Telegraphers"Union, A. F. of L., herein called the CTU, alleging that a question affecting com- merce had arisen concerning the representation of employees of The Western Union Telegraph Company, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Stephen M. Reynolds, Trial Examiner. Said hearing was held at Milwaukee, Wisconsin, on September 30, 1942. The Board, the Company, and the CTU appeared and paitieipated in the hearing.1 -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 hearings are free from prejudicial error and are hereby affirmed. 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 corporation with its principal office at New York City. It is engaged throughout 1Ameiican Communications Association was served with notice but did not appear at the hearing. 44 N. L. R B., No. 241. 1285 1286 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 opcrat-s 210,311 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 19,140 telegraph offices. We are here concerned with the First District of the Lake Division of -the Company; comprising the State of Wisconsin and the upper Peninsula of Michigan. II. THE ORGANIZATION INVOLVED Commercial Telegraphers' Union is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize any labor organization as a rep- iâ€¢esentative of its employees until such time as the Board determines the appropriate bargaining agency or agencies. A statement of the Regional Director, introduced into evidence dur- ing the hearing, indicates that the CTU represents a substantial num- ber of the'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 National Labor Rela- tions Act. IV. THE APPROPRIATE UNIT 11 The' parties agree that commercial, plant and traffic department employees in the First District of the Lake Division of the Company constitute a unit appropriate for the purposes of collective bargaining. All parties agree, and we And, that employees in divisional cities, the district superintendent, district manager, district sales managers, chief clerks to district superintendent, confidential clerk to chief oper- tor at Green Bay, temporary employees, messengers engaged exclu- sively in errand and distribution services, chief operators and man- agers at functional offices, and floating gangs, should be excluded from the unit. The only- controversy with respect to the unit concerns the manager at, the Madison, Wisconsin, -office of the Company.. The CTU urges that he be included in the unit, and the Company that he be excluded. z The' Regional Director reported that the CTU presented 123 membership -application cards, bearing the names of persons who appear on the August 6, 1942 , pay roll-of the Company. There are approximately 376 employees in the unit hereinafter found to be appropriate: THE WESTERN UNION TELEGRAPH COMPANY 1287 The record indicates that the manager at Madison has the authority to hire or discharge the more than 25 employees working under his supervision. Accordingly, we shall exclude him from the unit. We find that commercial, plant, and traffic department employees in the First District of the Lake Division,of the Company, excluding employees- in divisional cities, the district superintendent, district manager, district sales managers, chief clerks to district superintend- ent, confidential clerk to chief operator at Green Bay, temporary em- ployees, messengers engaged exclusively in errand and distribution services, chief, operators and managers at functional offices, floating gangs, and the manager at Madison, Wisconsin, constitute a unit ap- propriate 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 Elec- tion 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 Relations Act, and pursuant to Article III, Section 8, of National Labor Rela- tions 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, an election by secret ballot shall be con- ducted 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 Twelfth 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 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 training of the United States, or temporarily laid off, but excluding employees who have since quit or been dis- charged for cause, to determine whether or not they desire to be rep- resented by Commercial Telegraphers' Union, affiliated with the Amer- ican Federation of Labor, for the purposes of collective bargaining.