The Western Union Telegraph Company, Inc.

National Labor Relations Board - Board Decisions

Apr 19, 1939

12 N.L.R.B. 325 (N.L.R.B. 1939)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY , INC. and
THE COMMERCIAL TELEGRAPHERS' UNION
Case No. R-1016
CERTIFICATION OF REPRESENTATIVES
April 19, 1939 .
On March 15, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled case." The Direction of Election provided that an
election by secret ballot be conducted within fifteen (15) days from
the date of the Direction among the employees in the traffic, com-
mercial, messenger, and plant departments, excluding executives,
lawyers, and persons with the right to hire and discharge, who were
employed by The Western Union Telegraph Company, Inc., in
Washington, D. C., during the pay-roll period next preceding the
date of the Direction, to determine whether they desired to be rep-
resented by The Commercial Telegraphers' Union, affiliated with
the American Federation of Labor, or by Association of Western
Union Employees, an unaffiliated labor organization, herein referred
to as the Association, for the purposes of collective bargaining, or by
neither.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on March 29, 1939, at Washington, D. C., under the
direction and supervision of the Regional Director for the Fifth
Region (Baltimore, Maryland). Full opportunity was accorded to
all parties to the election to participate therein and to make chal-
lenges. Thereafter, on April 3, 1939, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations'Board
Rules and Regulations-Series 1, as amended, served upon the parties
to this proceeding an Intermediate Report Upon Secret Ballot, in
which he made the following findings with respect to the results of
the election :
Number eligible to vote _____________________________________ 725
Number of votes for The Commercial Telegraphers ' Union____ 453
Number of votes for Association of Western Union Employees- 148
Number of votes for neither of above organizations ---------- 6
111NLRB1154.
12 N. L. R. B., No. 42,
325
326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total number of votes counted_____________________________ 607
Number of blank ballots____________________________________ 1
Number of void ballots_____________________________________ 1
Number of challenged ballots_______________________________ 0
On April 6, 1939, the Association filed Exceptions to the Inter-
mediate Report with the Regional Director and requested permission
to file a brief and to present oral argument before the Board upon
the issues raised by these Exceptions. The Regional Director, not
having found that the Exceptions raise a substantial or material
issue with respect to the conduct of the election, forwarded to the
Board the Exceptions together with the request for permission to
file a brief and to present oral argument before the Board. The
Board has considered the Exceptions to the Intermediate Report
and finds that they raise no substantial or material issue with respect
to the conduct of the election. The request for permission to file a
brief and to present oral argument before the Board is therefore
denied. No objections or protests to the ballot or to said Inter-
mediate Report were made or filed by the other parties to the
proceedings.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
1, as amended,
IT IS HEREBY CERTIFIED that The Commercial Telegraphers' Union,
affiliated with the American Federation of Labor, has been desig-
nated and selected by a majority of the employees in the traffic, com-
mercial, messenger, and plant departments, of The Western Union
Telegraph Company, Inc., in Washington, D. C., exclusive of execu-
tives, lawyers, and persons with the right to hire and' discharge, as
their representative for the purposes of collective bargaining, and
that, pursuant to the provisions of Section 9 (a) of the National
Labor Relations Act, The Commercial Telegraphers' Union is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.