The Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Sep 22, 1942

44 N.L.R.B. 307 (N.L.R.B. 1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
COMMERCIAL TELEGRAPHERS' UNION, A. F. OF L.
, Case No. R-42208.-Decided September 22,1942
Jurisdiction : telegraph. industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; election necessary
Unit Appropriate for Collective Bargaining : all commercial, plant, and traffic
department employees in the Fourth District of the Lake Division of the
Company, including all managers of non-functional offices and relief managers,
but excluding employees in divisional cities, the district superintendent, dis-
trict sales manager, chief clerk to district superintendent, confidential stenog-
rapher to district superintendent, city foremen, maintenance foremen, chief
operators and managers at functional offices, temporary employees, temporary
distribution messengers, floating line gangs, and the district manager.
Mr. E. R. Riddle, of Chicago, Ill., for the Company.
Hr. H. G. Steinbrenner, of Chicago, Ill., for the CTU.
Hr. 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
commerce 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 W. P. Webb, Trial Examiner. Said
hearing was held at Cleveland, Ohio, on August 26, 1942. The Board,
the Company, and the CTU appeared and participated in the hearing.'
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 served with notice but did not arpear at
the hearing.
44 N. L. R. B., No. 54.
307
308 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 at New York City. It is engaged through-
out 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 oper-
ates 210,311 miles of pole lines, 4,082 miles of landline cable, 1,878,197
miles of wire, 30,312 nautical miles of ocean cable, and 19,140 tele-
graph offices. We are here concerned with the Fourth District.of the
Lake Division of the Company.
II. THE ORGANIZATION INVOLVEI)
. ,Come 'ercial 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
representative 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 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
Relations Act.
IV. THE APPROPRIATE UNIT
The parties agree that commercial, plant, and traffic department
employees in the Fourth District of the Lake Division of the Company
constitute a unit appropriate for the purposes of collective bargaining.3
2 The Field Examiner reported that the CTU presented 118 membership -application,
cards, bearing the names of persons who appear on a pay roll of the Company . There-
are approximately 575 employees in the unit hereinafter found to be appropriate.
This unit would include seVeral plant department employees ,rho , although on the-
Lake Division pay roll, work just over the boundary lines of that Division.
THE WESTERN UNION TELEGRAPH COMPANY`;: 309
The CTU has been certified as the exclusive representative of the
employees 'at the Springfield, Ohio, office of the Company, which is
part of the Fourth District of the Lake Division. However, no con-
tract has been entered into between it and the Company for such
employees. The Springfield office is designated by the Company as a
non-functional office and is of 'the type usually, included in district-
wide units. The CTU stated at the hearing that it is willing to waive
its certification as the exclusive representative of the employees at
the Springfield, Ohio, office. We shall include the Springfield office in
the unit.
All parties agree, and we find, that employees in divisional cities,
the district superintendent, district sales manager, chief,, clerk' to
district superintendent, confidential stenographer to district superin-
tendent, city foremen, maintenance foremen, chief -operators and man-
agers at functional offices, and floating line gangs, should be excluded
from the unit.
The only contro\-ersy with respect to the unit concerns managers
of non-functional offices having,--10 or more employees, relief-man-
agers, and the district manager. The CTU urges that all such em-
ployees be included in the unit, and the Company that they be
excluded.
Managers of non-functional ofjlce.ti having 10 or more employees:
The Company urges that all such employees be excluded from the unit
on the ground that they represent the management; the CTU urges
that they be included. Although it appears that such managers do
have some authority, they and the other employees of the district
offices are under the supervision of a district superintendent. In ac-
cordance with our usual practice, we shall include all managers` of
non-functional district offices in the Fourth District of the Lake Divi-
sion of the Company in the appropriate unit.
Relief Managers: Such employees relieve managers of non-func-
tional offices throughout the District when they are absent for various
reasons. As pointed out above, the parties agreed to include all
managers of non-functional offices having less than 10 employees and
we have found that managers of such offices that have more than
10 employees should be included in the unit. Under these circum-
stances, we shall also include relief managers in the unit.
District Manager: This employee is on the staff of the district super-
intendent and travels throughout the Fourth District. He has the
authority and does, in fact, supervise other managers. We shall ex-
clude the district manager from the unit.
We find that all commercial, plant, and traffic department employees
in-the-Fourth District of the Lake Division of the Company, including
all managers of non-functional offices and relief managers, but ex-
310 DECISIONS OF NATIONAL LABOR 'RELATIONS, BOARD
chiding employees in divisional cities, the district superintendent, dis-
trict sales manager, chief clerk to district superintendent, confidential
stenographer to district superintendent, city foremen, maintenance
foremen, chief operators and managers at functional offices, temporary
employees, temporary distribution messengers, floating line gangs, and
the district manager, constitute a 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, 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, Sec-
tion 9, of said Rules and Regulations, among the employees in- the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including employees 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 employees who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Commer-
cial -Telegraphers' Union, 'affiliated with the American Federation 'of
Labor, for the purposes of collective bargaining.'
MR. WM. M. LEISERSON took no part in the consideration of the above
Decision and Direction of Election.