Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Jul 8, 1940

26 N.L.R.B. 419 (N.L.R.B. 1940)

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L1 the Matter of WESTERN UNION TLLEGltvr'rl COMPANY and AA1LRI-
C•AN, COAn.IUNICATIONS ASSOCIATION. Lou \L •54-8, AFFILIATED
\\1'rH,TIIE CONGRESS OF INDliS'rltL.AL OnGANi/v'I'IONS , • ..'i , ,
CaVe V.t. R-1708
SUPPLEMENTAL DECISION
AND
ORDER
July 8 ,' 10140
I
On May 15, 1940, the National Labor Relations Board, herein, called
the Board, issued a Decision and Direction of Election in this pro-
ceeding.1 Pursuant to said Direction of Election an election by secret
ballot was conducted on June 14 and 15, 1940, at Pittsburgh,, Penn-
sylvania, under the direction and supervision of the Regional Director
for the Sixth Region (Pittsburgh, Pennsylvania). • On June 17, 1940,
the Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2,
is, amended, issued and duly served- upon the parties an,,Eleetion
Report.
As to the balloting and its results the Regional Director reported
as follows:
Total all I•al,d votes
ballot4 only
Total on eligibility list -----__----- I ------ 44t
Total ballots cast------------------ - -------- 417
Total ballots challenged -__--------,_,!---------- 2
Total blank ballots ---------------- ------- ----
Tot al void ballots---- - ---- ----, ----- ------- 2
Total valid Notes cast- - ----- -------- -'413 413
Votes cast for American Communications Associa-
tion,'Local54-B----------------- ----------------------- -135
Votes cast against American Communications As-
sociation , Local 54-B-------------------------------- - 27S
III the election no collective' bargaining representative was selected
by a majority of the employees.
- On June 24, 1940, American .Communications Association, Local
54-B, affiliated with the Congress of Industrial Organizations, 'the
petitioner in this proceeding, herein called the A C. A., filed with the
Regional Director a "Petition to Set Aside Election" stating objections
1 23 N L R B 924
26 N. L. R B., No. 37.
419
420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to the conduct of the election. On July 19, 1940, the Regional Di-
rector issued and duly served upon the parties his Report onObjections.
The Board has fully considered the Election Report, the objections
to the conduct of the election, and the Regional Director's Report
on Objections. It appears that the objections filed by the A. C. A.,
in so far as they-raise substantial-or material issues with respect to
the conduct of the election, relate to the continuance or renewal by
The Western Union Telegraph Company, herein called the Company,
of practices which the Board, in another proceeding,2 found to con-
stitute unfair labor, practices within the meaning of Section 8 (1)
and (2) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act, and from which the Board, in that proceeding, ordered
the Company to cease and desist: • '
At the time of the hearing in the instant proceeding the failure of
the Company to comply with the Board's said Order was known to
'th'e'Board and to the'A'-C. 'A. The actions of the Company to which
the; A.''C. A. objects may well, have interfered with the holding of a
fairelection. No practical purpose • will be served, however, by
o'rder'ing a 'hearing on the objections, vacating and setting aside the
electioni,or directing a'second 'election; until the Board's Order has
been enforced and the effects of the Company's unfair labor practices
have been dissipated. We shall therefore dismiss the petition of the
A. C. A. for investigation and certification of representatives without
prejudice to the filing' of a new-petition after the Company has com-
plied with the Board's said Order. ; '
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449,
IT IS HEREBY ORDERED that the petition for investigation and
certification of ,representatives of employees of The Western, Union
Telegraph Company, Pittsburgh, Pennsylvania, filed ' by American
Communications Association, Local 54-B, affiliated with the Congress
of Industrial Organizations be, and the same is hereby dismissed
without prejudice.
!, ,MR..WILLIAM M., LEISERSON,took no part,'jn the consideration of
the above Supplemental Decision and Order.
2 Matter of The Western Union Telegraph, Company, a corporation and American Communications Associa-
tion , 17 N. L. R. B.,34, decided November 1, 1939: _ .,