The Western Union Telegraph Company

National Labor Relations Board - Board Decisions

Nov 18, 1941

36 N.L.R.B. 1056 (N.L.R.B. 1941)

Q
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
TELEGRAPH WORKERS FEDERAL LABOR UNION No. 22679, FORT
WORTH CHAPTER
Case No. R-3103.-Decided November 18, 1941
Jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of question: Com-
pany refused to accord union recognition ; election necessary.
Unit Appropriate for Collective Bargaining : all employees at the Fort Worth,
Texas, office, including regular and part-time messengers, but excluding the
superintendent, manager of delivery department, sales manager, chief oper-
ators, T. & R. chief, city foreman, and temporary employees.
Mr. C. J. Ince and Mr. C. R. Nichols, of Dallas, Tex., for the Com-
pany. ,
Mr. Herbert S. Thatcher, of Washington, D. C., for Local 22679. '
Mr. Jesse A. Payne, of Kansas City, Mo., for the C. T. U.
Mr. Louis Co/cin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 24, 1941, Telegraph Workers Federal Labor Union No.
22679, Fort Worth Chapter, herein called Local 22679, filed with the
Regional Director for the Sixteenth Region (Fort Worth, Texas) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The Western Union Tele-
graph Company, Fort Worth, Texas, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On July 8, 1941, the National Lator
Relations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
36 N. L R. B, No. 216.
1056
THE WESTERN UNION TELEGRAPH COMPANY 1057
On September 10, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, Local
22679, Commercial Telegraphers' Union, herein called the C. 'T. U.,
and upon American Communications Association. Pursuant to no-
tice, a hearing was held on September 22 and 23, 1941, at Dallas,
Texas, before Clifford W. Potter, the Trial Examiner duly designated
by the Chief Trial Examiner. The Company, Local 22679, and
the C. T. U. were represented and participated in the hearing. Amer-
ican Communications Association did not appear at the hearing.
Full opportunity, to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues was af-
forded all parties. During the course of the hearing the Trial Exam-
iner granted motions of Local 22679 to amend its petition as to
formal matters. During the course of the hearing the Trial Exam-
iner made several rulings on other motions and on objections to
the admission of evidence. The Board has reviewed these rulings
and finds that no prejudicial errors were committed. The rulings
are hereby affirmed.
On October 16, 1941, Local 22679 filed a brief which the Board
had considered.
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 corpo-
ration 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 international communications. In the operation of
its national and international communications' system, the Company
owns and/or operates 214,220 miles of pole lines, 4,160 miles of land-
line cable, 1,876,993 miles of wire, 30,344 nautical miles of ocean'
cable, and 20,445 telegraph offices. At the close of 1940, the Company
employed approximately 49,000 persons. The Company maintains
an office at Fort Worth, Texas, with which we are here concerned.
It admits that it is engaged in commerce within the meaning of the
Act.
II. THE ORGANIZATION INVOLVED
Telegraph Workers Federal Labor Union No. 22679, Fort Worth
Chapter , is a labor organization affiliated with the American Federa-
tion of Labor. It admits to membership employees at the Fort
Worth. Texas , office of the Company.
4' t 1 I S-42-N of 3G-63
1058 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
On December 9, 1940, the Company suggested that Local 22619
refer any claims it might have for recognition to the Board. A
statement of the Trial Examiner made during the hearing shows
that Local 22679 represents a substantial number of employees in
the unit which it alleges is appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company. %
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. TILE A PPROPRIATE UNIT
Local 22679 and the Company agreed that all employees at the
Fort Worth office of the Company, excluding the superintendent,
manager of delivery department, sales manager , chief operators, T.
& R. chief, and city foreman, constitute an appropriate unit.2 The
C. T. U. stated that it did not claim any employees at the Fort Worth
office. The only controversy with respect to the unit concerns mes-
sengers.
Local 22679 urges that regular messengers be included in the unit,
but that part-time messengers be excluded from the unit. The Com-
pany took no position with respect to the messengers pending the
Board's determination of the question of including or excluding
messengers raised in the case involving the Chicago office of the Com-
pany. Part-time messengers work a few hours per week and there
is a 50 percent turn-over in this group every month. It appears
1 The Trial Examiner stated that Local 22679 presented membership caids signed by 75
persons who appear on the Company ' s pay roll for the Fort Worth office There are 130
employees at the Fort Worth office.
2 The Company stated that although it considered a nation-wide unit appropriate, it had
no.obiection to the setting tip of functional cities , such i ts Fort Worth , as separate bargain-
ing units
THE WESTERN UNION TELEGRAPH COMPANY 1059
that they work every week: For the reasons indicated in our decision
in the Chicago case 3 we find that regular and part-time messengers
at the Fort Worth office should be included in the unit.
Local 22679 urges that temporary employees be excluded froln'the
unit. The Company took no position with respect to these em-
ployees. Temporary employees are hired solely for a temporary
period of time and are so told at the time they are hired. Under
the circumstances, we shall exclude temporary employees from the
unit.
We find that all employees at the Fort Worth office of the Com-
pany, including regular and part-time messengers, but excluding the
superintendent, manager of delivery department, sales manager, chief
operators, T. & R. chief, city foreman, and temporary employees,
constitute a unit appropriate for the purposes of collective bargaining
and that such unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining
and will otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
Local 22679 seeks to be certified on the basis of the record. The
Company stated that it would not object to the certification of Local
22679 as the collective bargaining agent of its employees without
the necessity of directing that an election be held, but that it believed
that an election is the best method of determining the wishes of its
employees as to representation. Under these circumstances, we find
that the question concerning representation which has arisen can
best be resolved by the holding of an election by secret ballot.4
We shall direct that the employees of the Company eligible to
vote in the election shall be those in the appropriate unit who were
employed during the pay-roll period immediately preceding the date
of the Direction of Election herein, subject to such limitations and
additions as are set forth in the Direction.
Upon the basis of the iboVe' findings. of ,fact and upon the entire
record in the case, the Board makes"the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Western Union Telegraph Company,
3Matter of The Weste,a Union Telegraph Company and Telegraph Workers Independent
Union, et at ., 36 N. L. R B. 812
' See Matter of Armour h Company and United Packinghouse Workers, Local Industrial
Union No 13, of Packinghouse Workers Organizing Committee , affiliated with C I. 0
13 N L. R. P, 567
1060 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Fort Worth, Texas, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All employees at the Forth Worth office of the Company, includ-
ing regular and part-time messengers, but excluding the superintend-
ent, manager of delivery department, sales manager, chief operators,
T. & R. chief, city foreman, and temporary employees, constitute a
unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The Western Union Telegraph Company , Fort Worth , Texas, an
election by secret ballot shall be conducted as early as possible, but
not later than thirty ( 30) clays from the date of this Direction, under
the direction and supervision of the Regional Director for the Six-
teenth 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 all employees at the Fort Worth office of
the Company who were employed during the pay-roll period imme-
diately preceding the date of this Direction, including regular and
part-time messengers , and 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
otl', but excluding the superintendent , manager of delivery depart-
.ment, sales manager , chief operators , T. & R. chief, city foreman,
temporary employees , and employees who have since quit or been
discharged for cause , to determine whether or not they desire to be
represented by Telegraph Workers Federal Labor Union No. 22679,
Fort Worth Chapter, affiliated with the American Federation of
Labor, for the purposes of collective bargaining. .
Mn. GERARD D. RrsrLY took no part in the consideration of the
above Decision and Direction of Election.