The Western Union Telegraph Co.

National Labor Relations Board - Board DecisionsOct 29, 1942

45 N.L.R.B. 126 (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-4378.-Decided October 29, 1942 Jurisdiction : 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 : all employees at the Peoria, Illi- nois, office of the Company, with specified inclusions and exclusions ; stipula- tion as to. Mr. W. A. Rosenbaum, of Chicago, Ill., for the Company. Mr. Henry G. Steinbrenner, of Chicago, Ill., for the C. T. U. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended petition duly filed by Commercial Telegraphers' Union, herein called the C. T. U., alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of The Western Union Telegraph Company, Peoria, Illi nois, herein called the Company, the National Labor Relations Board 'provided for an appropriate hearing upon due notice before Robert E. Dickman, Trial Examiner. Said hearing was.held at Chicago, Illinois, on October 14, 1942. The Company and the C. T. U. ap- peared 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 'Exam- iner'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 appear-at the hearing. 45 N. L. R. B., No. 25. 126 THE WESTERN UNION TELEGRAPH COMPANY 127 Upon the entire record in the case, the Board making the following: , FINDINGS OF FACT I. 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 i 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 national and international communications system, the Company owns and/or operates 210,311 miles of pole lines, 4,082 of landline 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 Peoria, Illinois, office of the Company. If. 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 representative of its employees until'such time. as the Board deter- mines the appropriate bargaining agency or agencies. A statement of the Regional Director, introduced into evidence during the hearing, indicates that the C. T. U. represents a substan- tial 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 We find, in accordance with a stipulation of the parties, that all employees at the Peoria,'Illinois, office of the Company, including the employees at Pekin, Illinois, but excluding the superintendent, deliv- ery department manager, superintendent's chief clerk, chief operator, 2 The Regional Director reported that the C . T. U. presented 32 membership application cards, bearing the names of persons who appear on the September 2, 1042, pay roll of the Company. There are approximately 72 employees in the unit hereinafter found to be appropriate. 128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD chief operator's confidential clerk, early night chief operator, city foremen, temporary employees, temporary distribution messengers, and floating. line gangs, constitute a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9 (b) of the Act.3 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 employees 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 9, 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 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, 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 any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Commercial Telegraphers' Union, affil- iated with the American Federation of. Labor, for the -purposes of collective bargaining. 8'The Peoria, Illinois, office of the Company is a divisional office and is the type of office that has been set up by the Board in the past as separate appropriate bargaining- units.