Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Aug 20, 1941

34 N.L.R.B. 579 (N.L.R.B. 1941)

In the Matter of WESTERN UNION TELEGRAPH COMPANY and- COM-
MERCIAL TELEGRAPHERS UNION
In the Matter of WESTERN UNION TELEGRAPH COMPANY and INTER-
NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS '
Cases Nos. R-2651 and R-92652. Decided August 00, 1941
Jurisdiction : telegraph industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to any union until certified by the Board ; labor
organization whose contention as to appropriate unit not upheld permitted
upon request to withdraw its name from ballot; election necessary.
Where union failed to appear at continued hearing and record indicates
that said union has been dissolved during continuance, its name omitted
from ballot, -but leave granted to have name placed upon ballot upon-
application, in view of inconclusive nature of the testimony as to its dis-
solution.
Unit Appropriate for Collective Bargaining _
Proposed unit of all plant department employees in division of Company's
operations covering nine States rejected where, among other things, such
employees within certain metropolitan areas are included in contracts cover-
ing all employes in such areas, petitioning union has made no showing of
designation by such employees in certain metropolitan areas, and such
employees in certain metropolitan areas have indicated desire to be repre-
sented together with employees in other departments. However, certain
groups of plant department employees namely, line gang employees and
employees individually assigned to so-called "miscellaneous locations," and
plant department employees in metropolitan areas, who have shown a desire
for representation apart from employees in other departments in a metro-
politan area and who are not included in contracts covering other employees
of the Company, may appropriately be combined into a single unit; further,
certain of said groups of 'plant department employees within a metro-
politan area in which organization has been conducted among all employees
may also appropriately be included within a unit of employees in all depart-
ments of such metropolitan area. The desires of the employees, as ex-
pressed in elections directed, held determinative.
Mr. M. T. Cook, of San Francisco, Calif., for the Company.
Mr. Frank R. Williams, Mr. Vincent P. Dunn, and Mr. F. L. Guy,
of San Francisco, Calif., for the C. T. U.
Mr. Gene Gaillac, of San Francisco, Calif., for the I. B. E. W.
Mr. Bruce Risley, of San Francisco, Calif., for the A. C. A.
34 N. L. R. B., No. 77.
N
579
580 DECISIONS OF NAT10NAL LABOR RELATIONS BOARD
Mr. J. B. Williams, of Los Angeles, Calif., and Mr. R. L. Hansen,
of Glendale, Calif., for the U. C. W. A.
Mr. G. A. Ford, of San Francisco, Calif., for the I. C. U.
Mr. Robert F. Koretz, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On January 17, 1941, Commercial Telegraphers Union, herein called
the C. T. U., filed a petition with the Regional Director for the Twen-
tieth Region (San Francisco, California) in the above proceedings
designated as Case No. R-2651, alleging that a question affecting com-
merce had arisen concerning the representation of employees of West-
ern Union Telegraph Company, herein called the Company, in the
San Francisco metropolitan area? On January 22 International
Brotherhood of Electrical Workers, herein called the I. B. E. W., filed
a petition with the Regional Director in the proceedings designated
above as Case No. R-2652, and on March 24 an amended petition, al-
leging that a question had arisen concerning the representation of plant
department employees of the Company in its Pacific Divlsion.2 Each
of the petitions requested an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act.
On April 16 the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act, and Article III,
Sections 3 and 10 (c) (2), of National Labor Relations Board Rules and
Regulations-Series 2, as amended, ordered an investigation and au-
thorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice, and further ordered that the two
afore-nientloned cases, Case No. R-2651 and Case No. R-2652, be
consolidated.
On April 23 the Regional Director issued a notice of consolidated
hearing, copies of which, together with copies of the petitions and
amended petitions, were duly served upon the Company, upon the
C. T. U., upon the I. B. E. W., and upon American Communications
Association, herein called the A. C. A., and its Local No. 30, upon In-
1 This area includes the cities of San Francisco , South San Francisco , Burlingame and
San Mateo , California
2 The Company 's Pacific Division covers the State of California , Idaho, Nevada, Utah,
Wyoming, Arizona, Montana, Oregon and Washington.
. WESTERN UNION TELEGRAPH COMPANY 581
dependent Communications Union, herein called the I. C. U., upon
Independent Communications Union of Spokane, Washington, herein
called the I. C. U. Spokane, and upon United Communications Workers
of America, herein called the U. C. W. A., labor organizations claiming
to represent employees directly affected by the investigation. Pur-
suant to notice, a hearing was held at San Francisco, California, on
May 1, 1941, before James C. Paradise, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. At the opening of the hearing
there was introduced in evidence, without objection, a notice of post-
ponement of the consolidated hearing until further notice, copies of
which were duly served upon the parties. Pursuant to a further notice
of consolidated hearing, copies of which were duly served upon the
parties, a hearing was held at San Francisco, California, on June 17
and 18 before John Paul Jennings, the Trial Examiner duly designated
by the Chief Trial Examiner in place and stead of James C. Paradise.
The Company, the C. T. U., the I. B. E. W., the A. C. A., and the
I. C. U. appeared, were represented by counsel or by a representative
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing upon the issues was afforded all parties. During the course of the
hearing the Trial Examiner made several rulings on the admission of
evidence. The Board has reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings are
hereby affirmed.
Subsequent to the hearing, th/A. C. A. submitted a brief which the
Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Western Union Telegraph Company, a New York corporation with
its principal office at New York City, is engaged throughout the United
States and in various foreign countries in the receiving and transmis-
sion by telegraph and cable of intrastate, interstate and international
communications. At the close of 1939, the Company employed 44,299
persons, of which number 1,333 were located outside the United States.
Case No. R-2651 concerns employees of the Company in the San Fran-
cisco metropolitan area, where the Company employs over 900 persons.
Case No. R-2652 concerns approximately 300 plant department em-
ployees in the Company's Pacific Division.
The Company admits that it is engaged in commerce, within the
meaning of the Act.
451269-42-vol. 34--38
582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
Commercial Telegraphers Union 3 and International Brotherhood
of Electrical Workers are labor organizations affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
American Communications Association is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company .4
Independent Communications Union is an unaffiliated labor organi-
zation admitting to membership employees of the Company in the
San Francisco metropolitan area.
Independent Communications Union of Spokane, Washington, is
an unaffiliated labor organization admitting to membership employees
of the Company in Spokane, Washington.
United Communications Workers of America is a labor organiza-
tion admitting to membership employees of the Company in the Los
Angeles, California, metropolitan area.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company refuses to recognize any of the labor organizations
here concerned as the exclusive representative of employees of the
Company within the units claimed to be appropriate unless and until
they are certified as such by the Board.
At the hearing there was introduced into evidence reports by the
Regional Director showing that the C. T. U., the A. C. A. and the
I. C. U. each represent a substantial number of employees in the San
Francisco metropolitan area,5 and that the I. B. E. W. represents a
substantial number of plant department employees in the Pacific
Division.e
3 It appears that Local 34 of Commercial Telegraphers Union has jurisdiction over
employees of the Company in the San Francisco metropolitan area.
4It appears that Local No. 30 of the American Communications Association has juris-
diction over employees of the Company In the San Francisco metropolitan area.
E The Regional -Director ' s report shows that these labor organizations submitted the
following number of membership applications bearing apparently genuine and original
signatures of employees whose names appear upon the March 8, 1941 , pay roll, which
contains the names of approximately 800 persons other than supervisory and confidential
employees :
C. T. U.: 192 membership applications -dated between December 1939 and December
1940.
A. C. A.: 150 membership applications dated between January 1937 and -December
1940.
I. C. U.: 82 membership applications dated during August and December 1940.
The Regional Director 's report shows that the I. B. E. W. submitted 141 membership
applications bearing apparently genuine and original signatures of employees whose names
appear on the March 15, 1941 , pay roll . In her report the Regional Director set forth
the following tabulation showing geographically the approximate number of employees,
WESTERN UNION TELEGRAPH COMPANY 583
We find that questions have arisen concerning the representation
of employees of the Company in San Francisco and of plant depart-
ment employees of the Company in the Pacific Division.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I, above, have a close, intimate and substantial
relation to trade, traffic, and commerce among the several States and
with foreign countries and tend to lead to labor disputes burdening
and obstructing commerce and the free flow of commerce..
V. THE APPROPRIATE UNITS
The C. T. U. in its petition in Case No. R-2651 requests the Board
to find appropriate a unit composed of employees of the Company
in the San Francisco metropolitan area, excepting plant department
employees. The A. C. A. and the I. C. U. contend that employees
of the Company in the San Francisco metropolitan area, including
plant department employees, constitute an appropriate bargaining
unit. The I. B. E. W. in its petition in Case No. R-2652 requests
the Board to find appropriate a unit of plant department employees
in the Company's Pacific Division, including plant department em-
ployees at San Francisco. The A. C. A. contends that this unit is
inappropriate. The Company maintains a neutral position regarding
the appropriate unit or units?
within the unit claimed to be appropriate by the I. B E W.; the number of membership
applications of such employees submitted by the I B. E. W . ; and the number of member.
ship applications of such employees submitted by other labor organizations:
Approxi-
mate total
eligibles
I . B. E. W. Other
Los Angeles ------------------------------------- 52 16 11 (U. C. W. A ).
San Francisco ------------------------------------ 65 38 1 (A. C. A).
Portland------------------------------------------ 10 9- 0.
Seattle-- ----------------------------------------- 8 5 0.
Salt Lake---------------------------------------- 3 2 0.
Spokane ----------------------------------------- 3 0 2 (I. C. U. Spokane).
Oakland------------------------------------------ 4 0 0.
Phoenu ----------- ------ ------------------------- 2 2 0.
Sacramento -------------------------------------- 2 0 0.
Tacoma--------------------- ------------------ 2 - 0 0.
Miscellaneous (only 1 eligible in each locality ) ---- 31 1s 0.
Line gangs - --------------------------------------
122 49 0.
Total ------------------------------------- 304 141 14.
7 While the Company favors a Nation-wide bargaining unit, it admits that employees
who are organized in particular localities should not be denied the right of collective
bargaining pending organization of employees on a Nation-wide basis.
584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company's operations in the United States are conducted on
a departmental basis; the departments which are concerned with field
operations are the traffic, commercial, plant, and accounting depart-
ments. For administrative purposes, the several departments are
divided into- six territorial divisions, one of which is the Pacific
Division, which extends through nine western States. The Com-
pany's operations in San Francisco constitute a local unit within the
Pacific Division. Said operations are conducted through five local
departments, namely : traffic, commercial, accounting, plant, and pur-
chasing and stores.
In the San Francisco metropolitan area, the traffic department, in
which there are some 395 employees, is engaged in the receipt and
transmission of messages to and from San Francisco. The commer-
cial department, in which there are about 364 employees, is engaged
in solicitation of business, public relations work, pick-up and delivery
of messages by messenger, and the operation of branch offices. The
accounting department, with some 77 employees, keeps records of
revenue and disbursements and performs other similar work. The
purchasing and stores department, with about 13 employees, handles
the purchase and distribution of supplies, the uniform equipment,
and similar matters. The plant department, in which there are about
65 employees, is engaged in the construction and maintenance of
equipment outside the main office, and in installation of equipment.
Operations in the local departments are interdependent and inte-
grated; in particular, the proper functioning of the traffic and com-
mercial departments is dependent upon the performance by the plant
department of its duties.
We find that employees in the traffic, commercial, accounting and
purchasing and stores departments are within the unit of employees
in the San Francisco metropolitan unit. We further find that em-
ployees in the plant department may appropriately be included in
said unit. As set forth below, the desires of these employees shall
be determinative in this regard.
There are also located in San Francisco four departmental offices
which supervise -and coordinate all local departments within the
Pacific Division, including those at San Francisco. These offices are
the general manager's office of the commercial department, the divi-
sion traffic superintendent's office, the division plant superintendent's
office, and the division auditor's office and are hereinafter collectively
called the San Francisco division offices. The A. C. A. would exclude
all employees in such offices on the ground that their work pertains
to division matters rather than local functions. The C. T. U. and
I. C. U. agree to the exclusion of several apparently supervisory or
WESTERN UNION TELEGRAPH COMPANY 585
confidential employees therein, but urge the inclusion in the unit of
certain clerks, stenographers and office boys." These employees per-
form all their work in San Francisco and the nature of their.duties
is similar to that of local department employees whom the parties
agreed to include in the unit of San Francisco metropolitan area em-
ployees. We are satisfied that the fact that their work concerns
divisional matters does not warrant the exclusion of these employees,
and we find below that certain clerks, stenographers, and office boys
are within the San Francisco metropolitan area unit.
Finally, there is'also located at San Francisco the district super-
intendent's office, which has jurisdiction over so-called "district
offices" in California and other States and has no connection with
operations at San Francisco. It appears that each of the three em-
ployees in this office performs supervisory functions. The parties
agreed to, and we shall, exclude these employees from the unit.
There are approximately 304 employees in the plant department of
• the Pacific Division. These employees fall geographically within the
following three groups : (1) The approximately 135 plant department
employees with headquarters at the San Francisco, Los Angeles,
Portland, and Seattle metropolitan areas. Nearly all of these persons
perform their work within the respective metropolitan areas. (2)
The approximately 47 plant department employees with headquarters
at socalled "miscellaneous locations," that is, at, smaller cities and
towns throughout the Pacific Division. Of these persons, 31 are the
only plant department employees assigned to their respective head-
quarters; s of the remaining 16, approximately 3 are assigned to
headquarters at Salt Lake City, 3 at Spokane, 4 at Oakland, 2 at
Phoenix, 2 at Sacramento, and 2 at Tacoma. All said 47 employees
usually work within a radius of about 50 miles of their headquarters;
it is shown that, in general, the smaller the size of the town or city
designated as their headquarters, the greater the amount of time spent
at work outside of headquarters. (3) The approximately 122 line
'The I B E W would exclude from its proposed unit as clerical employees the persons
in the division plant superintendent 's office.
These persons are classified upon the pay roll as follows : Section Eqptmn ., Boise,
Idaho ; Section Eqptmn , Great Falls , Mont ; Section Eqptmn., Riverside , Calif ; Section
Lineman, Pt. Townsend , Wash. ; Section Eqptmn, Bakersfield , Calif. ; Section Eqptmn,
San Diego , Calif ; Section Lineman, Tekoa, Wash ; Section Eqptmn., Cheyenne, Wyo ;
Section Egptmn., Stockton , Calif. ; Section Eqptmn., El Centro , Calif. ; Section Eqptmn.,
Fresno, Calif. ; Section Eqptmn ., Watsonville , Calif. ; Section Egptmn. , Butte, Mont. ; Section
Eqptmn ., Billings, Mont ; Section Egptmn ., Medford , Ore. ; Section Lineman. La Grande,
Ore. ; Section Lineman, Long Beach, Calif. ; Section Eqptmn ., Reno, Nev. ; Section Eqptmn.,
Tonopah, Nev . ; Section Lineman , Lacrosse , Wash. ; Section Eqptmn, Pocatello , Idaho ;
Section Egptmn , Eugene, Ore ; Section Lineman , Yakima, Wash. ; Section Eqptmn., San
Jose, Calif. ; Section Egptmn , Tucson, Ariz ; Section Eqptmn , Chico , Calif ; Section
Lineman , The Dallies, Ore ; Section Eqptmn ., Santa Barbara, Calif . ; Section Lineman, Walla
Walla, Wash ; Section Lineman, Pendleton , Ore.; Section Eqptmn, Pasadena, Calif.
586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gang employees who have no assigned headquarters_ and perform
work throughout the entire Pacific Division. Their employment and
pay-roll records are maintained in San Francisco.
In support of its position that a unit of plant department employ-
ees in the Company's Pacific Division is appropriate the I. B. E. W.
adverts to the following facts, among others : that it has sub-
mitted evidence of designation by 141 of the approximately 304 em-
ployees within the allegedly appropriate unit, whereas other labor
organizations here concerned have submitted little evidence of
designation; 10 that approximately 50 per cent of said employees per-
form work which is division-wide in scope; that seniority among said
employees is on a division-wide basis, whereas seniority in other
departments is on a local basis; and that the work of plant depart-
ment employees differs from that of employees in other departments.
The A. C. A., in support of its position that a unit of plant depart-
ment employees throughout the Pacific Division is inappropriate and
that a unit of all employees, including plant department employees,
in the San Francisco "metropolitan area is appropriate, adverts to
the following facts, among others : that the I. B. E. W. admits em-
ployees in all departments to membership and has organized on an
industrial basis elsewhere in the telegraph industry, as evidenced by
the I. B. E. W.'s contract with the Postal Telegraph Cable Com-
pany covering all employees in certain northwestern States; that the
C. T. U. likewise admits all employees of the Company to mem-
bership and has organized all employees, including plant department
employees in certain localities; that in the Pacific Division, the C. T. U.
has contracts with the Company covering all employees, including
those in the plant department, in Phoenix, Arizona, and in Oakland,
California, and the I. C. U. Spokane likewise has a contract with the
Company covering all employees in Spokane, Washington; that op-
erations in the Company's departments are highly integrated and
interdependent; that there are several groups of employees within
the plant department performing different types of work, requiring
varying degrees of skill; and that the plant department employees
within a metropolitan area have a closer work relationship to em-
ployees in other departments within such area than to plant depart-
ment employees in other metropolitan areas or to line gangmen.
Under all the circumstances of this case, including the fact that
plant department employees in certain metropolitan areas within
the Pacific Division are included in contracts covering all employees
within such areas, the fact that the I. B. E. W. has made no showing
of designation in certain metropolitan areas, and the fact that in
certain metropolitan areas employees have indicated, according to
10 See footnote 6, supra.
WESTERN UNION TELEGRAPH COMPANY 587
the designations submitted by other organizations organizing
throughout all departments, their desire to be represented together
with employees in other departments, we are of the opinion that
the unit of all plant department employees requested by the I. B.
E. W. is not appropriate. However, we are also of the opinion
that certain groups of plant department employees, namely, the line
gang employees and the 31 employees assigned to each of 31 "miscel-
laneous locations," and plant department employees in metropolitan
areas, who have shown a desire for representation apart from em-
ployees in other departments in a metropolitan area through their
designation of the I. B. E. W., and who are not included in contracts
covering other employees of the Company, may appropriately be
combined into a single unit; and that certain of said groups of plant
department employees within a metropolitan area in which organiza-
tion has been conducted among all employees may also appropriately
be included within a unit of employees in all departments of such
metropolitan area. Accordingly, the desires of the employees, as
expressed in elections which we shall direct, shall be determinative.
Under these circumstances, and in accordance with the specific ex-
clusions of employees determined below, we shall order elections
among the- Company's employees, within the following groups:-
(a) All employees in the San Francisco metropolitan area in the
traffic, commercial, accounting, and purchasing and stores depart-
ments, and in the San Francisco division offices, and including the clerk
to the city foreman of the plant department, but excluding the em-
ployees occupying the positions listed in Appendices A and B, to de-
termine whether they desire to be represented by the A. C. A.; by the
C. T. U., or by the I. C. U., for the purposes of collective bargaining,
or by none of said organizations;
(b) All employees in the plant department in the San Francisco
metropolitan area,12 but excluding the employees occupying the posi-
11 No elections are directed among plant department employees at Spokane , Washington,
where such employees are covered by a contract with the I. C. U Spokane ; at Phoenix,
Arizona, and Oakland, California , where the plant department employees are covered by
contracts with the C . T U.; and at Sacramento , California, and Tacoma , Washington, where
the I B. E W. has submitted no evidence of designation Of the three cities in which
plant department employees are covered by contracts , namely, Spokane , Phoenix, and Oak-
land, the I. B E. W. has submitted evidence of designation at Phoenix . In the event that
the C. T. U. files with the Board at Washington , D. C., within 10 days of the date of
this Decision and Direction of Election a waiver of its claim to the representation of plant
department employees at Phoenix , we shall direct an election among such employees to
determine whether or not they desire to be represented by the I B. E W. for the purposes
of collective bargaining , with the same effect as the other elections directed herein.
n While at one point in the hearing the I. B E W. stated that it would not object to
the inclusion of the building force employees of the San Francisco plant department in
the metropolitan unit at San Francisco , at a later point in the hearing the division-wide
unit of plant department employees requested by the I. B E. W . was defined as including
building force employees . We are satisfied and find that such employees should be included
in the election units of plant department employees at San Francisco and Los Angeles.
588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions listed in Appendix D, to determine whether or not they desire to
be represented by the I. B. E. W., by the A. C. A., or by the I. C. U.,
for the purposes of collective bargaining, or by none of said organiza-
tions;
(c) All line gang employees 13 and the 31 plant department em-
ployees individually assigned to each of 31 " miscellaneous locations," 14
excluding the employees occupying the positions listed in Appendix C,
to determine whether or not they desire to be represented by the
I. B. E. W. for the purposes of collective bargaining;
(d) All employees in the plant department in the Los Angeles met-
ropolitan area,15 excluding the employees occupying the positions listed
in Appendix E, to determine whether or not they desire to be repre-
sented by the I. B. E, W. for the purposes of collective bargaining ;18
(e) All employees in the plant department at Portland, Oregon,
excluding the employee occupying the position listed in Appendix F, to
determine whether or not they desire to be represented by the
I. B. E. W. for the purposes of collective bargaining;
(f) All employees in the plant department at Seattle, Washington,
excluding the employees occupying the positions listed in Appendix G,
to determine whether or not they desire to be represented by the
I. B. E. W. for the purposes of collective bargaining;
(g) All employees in the plant department at Salt Lake City, Utah,
excluding the employee occupying the position listed in Appendix H,
to determine whether they desire to be represented by the I. B. E. W.,
or by the A. C. A., for the purposes of collective bargaining, or by
neither.17
We shall certify the union, if any, designated by a*majority of the
employees within each election unit as the exclusive representative
thereof, subject to the following qualifications: If the A. C. A., or
the I. C. U., wins both elections among employees at San Francisco, it
will be certified as the exclusive representative of employees in both
election units combined. If the A. C. A. wins both elections among
employees at Salt Lake City, it will be certified as the exclusive rep-
is This definition includes employees in the following work classifications set forth on
the Company's pay rolls : Inspectors ; Inspector ' s Helpers ; Groundmen ; Apprentice Line-
men ; Linemen ; Cooks ; Cookees ; Assistant Gang Foremen ; Watchmen.
14 See footnote 9, supra. It appears that these cities are small in size and consequently
that the single employees assigned to each spends a considerable part of his working time
away from headquarters. The I. B. E. W. submitted 18 designations of these persons,
and there is no showing that any other labor organization seeks to include them in an
industrial unit. Accordingly, we shall permit them to express their desires for representa-
tion together with the line gang employees.
15 See footnote 12, supra
11 As set forth in Section VI, infra, the U. C. W. A. is granted leave to have its name
placed upon the ballot in this election.
17 In Case No. R-2243, decided this day, arising upon a petition by the A. C A. for an
investigation and certification of representatives of employees of the Company at Salt Lake.
City, Utah, we direct an election among certain employees in the traffic and commercial
departments.
WESTERN UNION TELEGRAPH COMPANY 589
resentative of employees in both election units combined.18 If a ma-
jority of the employees in each of more than one group selects the
I. B. E. W., all the employees in the groups which so designate the
I. B. E. W. shall constitute a single bargaining unit.
Questions arose at the hearing concerning the proposed exclusion
of certain employees from the units. We shall consider 'these employ-
ees by departments or groups.
Traffic department (San Francisco)
All parties agreed, and we find, that the traffic manager, night
traffic managers, Morse testing and regulating chief, automatic test-
ing and regulating chief, chief clerk, secretary to the chief clerk, as-
sistant chief operators (automatic and telephone), and nurse should
be excluded from the unit.
The A. C. A. would exclude, and the C. T. U. and I. C. U. would
include, the following employees : The early and late night testing and
regulating chiefs test wires and adjust repeaters. Each has a sub-
ordinate during a part of his tour of duty. Their salaries are higher
than those of other employees, excepting the night traffic manager,
who work during the night. We shall exclude them from the unit.
The Commercial new department supervisor, Morse supervisors, tele-
printer supervisors, automatic supervisors, telephone supervisors,
route supervisor, and service supervisors, devote practically all of
their time to the supervision of an average of about nine or more em-
ployees. They assign operators to their tasks, distribute work, report
infractions of rules, and have authority to recommend discipline.
They earn from about $20 to $40 per month more than their subordi-
nates. We shall exclude them from the unit. The automatic monitor
checks messages submitted for transmission against messages as trans-
mitted, and reports on accuracy and speed of operators to the assistant
chief operator, who in turn discusses errors with the operator con-
cerned and turns the report over to the statistical department for
entry upon the operator's record. We shall exclude the automatic
monitor from the unit. The clerks in the traffic manager's office, whom
the A. C. A. would exclude as confidential employees, work in said
office under the supervision of the chief clerk. It appears that these
persons devote about 30 per cent of their time to work involving the
use of .pay-roll records, and the remainder of their time to routine
reports concerning the number of messages handled and complaints
involved. The division traffic superintendent testified, "we do not
consider them confidential employees." We shall include said clerks
in the unit.
18 See footnote 17, supra.
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Commercial department (San Francisco)
All parties agreed, and we find, that the superintendent, secretary
to the superintendent (A. Giuntini) ; chief clerk, city commercial man-
ager, sales manager, manager of the delivery department, assistant
to the manager of the delivery department (J. J. Damerell), manager
of credits and collections, cashier, employing supervisor of messengers
(J. Hammill), and the early night manager should be excluded from
the unit.
The A. C. A. would exclude (and the C. T. U. and I. C. U. would
include) 12 branch managers of the 35 employed in San Francisco,
apparently upon the ground that said 12 persons are closely related
to the management by virtue of the number of employees under their
supervision and the amount of time spent in outside solicitation. How-
ever, the record shows that there is no clear delineation between the
branch managers whom the A. C. A. would exclude and those whom
they would include. Thus, the number of subordinates of said 12
branch managers varies from 5 to 19; while the number of subordinates
of the others varies from 0 to 10; the amount of time devoted by said
12 branch managers to outside solictation varies from, a minimum of
2 hours per week to a minimum of 5 hours per day, while the amount
of time devoted by the others to outside solicitation varies from no time
to a minimum of 31/2 hours per day. While the salaries of branch
managers as a rule vary according to the number of their subordinates,
it is shown that one branch manager whom the A. C. A. would exclude
has 12 subordinates and spends a minimum of 5 hours per day in
solicitation, but receives the minimum pay granted to branch manag-
ers in San Francisco. The record shows that all branch managers in
San Francisco have the same degree of authority over their subordi-
nates. They have no authority to hire or discharge, although they can
recommend discipline or discharge. They can change tours of duty
or obtain additional help only by request of their superior, who has
records concerning the "load" of business to guide him in this con-
nection. We are of the opinion that no sufficient showing has been
made to warrant the exclusion of the 12 branch managers named by
the A. C. A. We find that all branch managers should be included in
the unit.
The A. C. A. would also exclude as confidential employees the com-
mercial representatives and the personal service representative: The
C. T. U. and the I. C. U. would include these employees in the unit.
The work of the commercial representatives is confined to sales devel-
opment; each of these persons specializes in certain types of sales work.
It appears that their salaries are above the average salaries paid to
commercial department employees. In the course of their duties they
WESTERN UNION TELEGRAPH COMPANY 591
contact various users of telegraph service, chiefly business concerns.
While the general manager of the commercial department testified that
"there are some things that they do treat in confidence in connection
with various patrons," there is no showing that such matters concern
the Company's labor relations. We shall include the commercial rep-
resentatives in the unit. The personal service representative contacts
firms having teleprinter lines connected with the Company's main
office and in the course of her duties engages in sales work similar in
nature to that of the commercial representatives. We shall include
the personal service representative in the unit.
Accounting department (San Francisco)
All parties agreed, and we find, that the accounting center manager
and the assistant accounting center manager should be excluded from
the unit.
Purchasing and stores department (San Francisco)
All parties agreed, and we find, that the division storekeeper and
head clerk should be excluded from the unit.
Plant department (San Francisco)
The proposed exclusions of employees in this department are con-
sidered below together with the proposed exclusions of other employees
in the plant department throughout the Pacific Division.
The San Francisco division offices
All parties agreed that all employees in the general manager's office
of the commercial department should be excluded from the unit, ex-
cepting the mail clerks, whom the C. T. U. and the I. C. U. would in-
clude; the file clerk, whom the I. C. U. would include; and the office
boy, whom the C. T. U. and the I. C. U. would include. The mail
clerks, who open and distribute incoming mail and envelop and post
outgoing mail for all San Francisco departments and offices, and the
office boy, shall be included in the unit. The file clerk, who has access
to and handles all files, including confidential files, shall be excluded
as a confidential employee. We find that all employees in the general
managers office of the commercial department, except the mail clerks
and office boy, should be excluded from the unit.
All parties agreed, and we find, that all employees in the division
traffic superintendent's office should be excluded from the unit.
All parties agreed, and we find, that the following employees in the
division plant superintendent's office should be excluded from the unit :
the general foreman, field engineers, division ticker supervisor, divi-
592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sion supervisor of maintenance, chief clerk, equipment inspectors, main-
tenance foreman, chief line inspector, division supervisor of equipment,
division plant superintendent, division plant engineer, division super-
visor of lines, supervisor, secretary to division plant superintendent
(H. M. Barre), and clerk in charge of service records (H. Feil). The
C. T. U. and the I. C. U. would include the remaining employees, clas-
sified on the pay roll as clerks, stenographers and office boy. The
clerks and stenographers are engaged principally in preparing esti-
mates for plant department projects, in preparing correspondence in
connection with the procurement of certain facilities from other com-
munications companies, and in reviewing daily work reports and time
sheets which are used in the preparation of pay rolls. These persons
have access to confidential service records only on infrequent occasions,
that is, when the person in charge of said records is absent. We shall
include the clerks, stenographers, and office boy in the unit.
All parties agreed, and we find, that the following employees in the
division auditor's office should be excluded from the unit : the division
auditor, chief accountant, plant accountant, supervisor accounting
bureau, chief traveling auditor, traveling auditors, supervisor money
orders, and private secretary to division auditor (L. E. Casebeer).
The C. T. U. and the I. C. U. would include, and the A. C. A. would ex-
elude, the remaining employees in this office, who are classified as clerks.
These clerks work in specialized groups performing accounting work
involving the use of various types of records and reports. While it
appears that certain of these persons have access to pay-roll and service
records, the division auditor testified that their work does not involve
"confidential" matters "reserved to-the management." It also appears
that their work is similar to that performed by certain clerks in the
San Francisco accounting department whom the parties agreed to in-
clude within the unit. We shall include the clerks in the division
auditor's office in the unit.
Plant department employees throughout the Pacific Division
All parties agreed, and we find, that the following employees should
be excluded from the units : city foremen in Los Angeles, San Fran-
cisco, Seattle, and Portland; building supervisors in San Francisco and
Los Angeles; shop foreman in San Francisco; and the maintenance
foreman in Los Angeles.
The•I. B. E. W. would include, and the A. C. A. would exclude, the
transmitter chiefs at San Francisco and Los Angeles. ' It is shown that
these employees exercise supervisory authority over several tickermen ;
that they report infractions of rules and recommend discipline; and
that their salary is about 10 per cent higher than that of their subordi-
nates. We shall exclude them from the units.
WESTERN UNION TELEGRAPH COMPANY 593
The I. B. E. W. would include, and the A. C. A. would exclude, the
following employees : The city foreman at Salt Lake City 10 has au-
thority to discharge his subordinates for cause and to hire temporary
employees. We shall exclude him from the units. The line gang
foremen, who supervise from 8 to 16 employees, and the underground
foreman, who supervises from 1 to 20 employees, are authorized to
hire employees and to discharge employees for cause. We shall exclude
them from the unit.
The I. B. E. W. would exclude from its proposed unit all clerical
employees. In addition to those in the division plant superintend-
ent's office, mentioned above, it would exclude the clerks to the city
foremen in San Francisco, Seattle, and Los Angeles and the clerk to
the maintenance foreman in Los Angeles. These employees handle
correspondence and prepare daily work reports and time sheets. It
appears that the A. C. A. and C. T. U. would include the clerk to the
city foreman in San Francisco in the metropolitan unit therein.
Under the circumstances, we shall exclude the above-mentioned clerks
from the election units of plant department employees set forth above,
but we shall include the clerk to the city foreman in San Francisco in
the metropolitan unit therein.20
The record in Case No. R-2243, decided this day, shows that at the
time of the hearing therein there was headquartered at Salt Lake City
a plant department employee classified on the December 21, 1940, pay
roll as section lineman. The A. C. A. urged' his exclusion from the
city-wide unit at Salt Lake City in Case No. R-2243 because the prin-
cipal part of his duties were performed outside the limits of Salt Lake
City on a section of railroad line extending south from Salt Lake City.
In view of the fact that he has his headquarters at Salt Lake City, and
apparently performs his duties within a limited distance of Salt
Lake City, the section lineman, if any,21 at Salt Lake City shall be
included in the election unit of Salt Lake City plant department
employees.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions which have arisen concerning the repre-
sentation of employees can best be resolved by the elections referred
to in Section V above.
At the hearing the parties agreed that eligibility to vote should be
determined by the pay roll for the period immediately preceding the
1° The I. B E W . would also include in its proposed unit the city foreman at Spokane.
Inasmuch as we have excluded all plant department employees at Spokane from the election
units herein, we do not consider this issue
m As set forth above, the clerks, stenographers and office boy in the division plant super-
intendent 's office are within the San Francisco metropolitan unit.
21 The March 15, 1941, pay roll of plant department employees in the Pacific Division,
which was introduced in evidence in the instant proceedings , does not list this person.
594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Direction; that temporary employees, that is, persons with less than
3 months' continuous service, should not be eligible to vote; and that
employees temporarily detailed to another department, office, city, or
company, and employees who did not work during such pay-roll
period because they were ill or on vacation or on furlough should be
eligible to vote. Our Direction of Elections will provide accordingly,
subject to such other limitations and additions as are set forth therein.
Inasmuch as the unit of plant department employees hereinabove
found appropriate differs from that requested by the I. B. E. W. in
its petition, if the I. B. E. W. desires not to appear upon the ballot in
any of the elections directed, it shall notify the Regional Director for
the Twentieth Region to that effect within 10 days of the date of this
.Decision and Direction of Elections; thereupon its name shall be
omitted from the ballot.
The U. C. W. A. did not appear at the hearing on June 17 and
18; at this time the representative of the I. B. E. W. stated that he
was informed that the U. C. W. A. no longer continued in existence.
Under the circumstances, we shall not place the U. C. W. A. upon
the ballot in the election among plant department employees at Los
Angeles. However, in view of the inconclusive nature of the testi-
mony as to the dissolution of the U. C. W. A., we hereby grant the
If. C. W. A. leave to have its name placed on the said ballot by
filing a written application to that effect with the Regional Director
for the Twentieth Region within 10 days of the date of this Decision
and Direction of Elections; upon such filing its name shall be placed
upon the ballot.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
Questions affecting commerce have arisen concerning the repre-
sentation of employees of the Company in the San Francisco metro-
politan area and in the plant department of the Pacific Division,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
DIRECTION OF ' ELECTIONS
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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
WESTERN UNION TELEGRAPH COMPANY 595
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Western Union Telegraph Company, elections 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 super-
vision of the Regional Director for the Twentieth 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 the employees within the groups described below who were
employed by the Company during the pay-roll period immediately
preceding the date of this Direction, including employees who did
not work during such pay-roll period because they were ill or on
vacation or on furlough or in the active military service or training
of the United States, or temporarily laid off, and employees tem-
porarily detailed to another department, office, city, or company, but
excluding temporary employees (employees with less than 3 months'
continuous service) and employees who have since quit or been
discharged for cause :
(a) All employees in the San Francisco metropolitan area in the
traffic, commercial, accounting, and purchasing and stores depart-
ments; and in the San Francisco division offices, and including the
clerk to the city foreman of the plant department, but excluding the
employees occupying the positions listed in Appendices A and B, to
determine whether they desire to be represented by American Com-
munications Association, by Commercial Telegraphers Union, or by
Independent Communications Union, for the purposes of collective
bargaining, or by none of said organizations;
(b) All 'employees in the plant department in the San Francisco
metropolitan area, but excluding the employees occupying the posi-
tions listed in Appendix D, to determine whether or not they desire
to be represented by International Brotherhood of Electrical Work-
ers, by American Communications Association, or by Independent
Communications Union, for the purposes of collective bargaining,
or by none of said organizations;
(c) All line gang employees 22 and the 31 plant department em-
ployees individually assigned to each of 31 "miscellaneous loca-
tions," 23 excluding the employees occupying the positions listed in
Appendix C, to determine whether or not they desire to be repre-
sented for the purposes of collective bargaining by International
Brotherhood of Electrical Workers;
sa See footnote 13, supra.
23 See footnote 9, supra.
596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(d) All employees in the plant department in the Los Angeles
metropolitan area, excluding the employees occupying the positions
listed in Appendix E, to determine whether or not they desire to
be represented by International Brotherhood of Electrical Workers
for the purposes of collective bargaining;
(e) All employees in the plant department at Portland, Oregon,
excluding the employee occupying the position listed in Appendix F,
to determine whether or not they desire to be represented by Inter-
national Brotherhood of Electrical Workers for the purposes of
collective bargaining ;
(f) All employees in the plant department at Seattle, Washing-
ton, excluding the employees occupying the positions listed in Appen-
dix G, to determine whether or not they desire to be represented by
International Brotherhood of Electrical Workers for the purposes
of collective bargaining;
(g) All employees in the plant department at Salt Lake City,
Utah, excluding the employee occupying the position listed in
Appendix H, to determine whether they desire to be^represented by
International Brotherhood of Electrical Workers, or by American
Communications Association, for the purposes of collective bar-
gaining, or by neither.
MR. EDWIN S. SMITH, dissenting in part:
I am of the opinion that the petition of the I. B. E. W. for a unit
of plant department employees in the Pacific Division should be
dismissed. I am also of the opinion that the Board should find
appropriate a unit of employees of the Company within all de-
partments in San Francisco.
The claim of the I. B. E. W. for a division-wide unit of plant-
department employees cannot be supported upon any criterion of
unity of interest of employees within this group. The I. B. E. W.
admits to membership all employees of the Company, and has in
fact organized on an industrial basis elsewhere in the telegraph in-
dustry, as. evidenced by its contract with Postal Telegraph Cable
Company covering all employees of that company in a certain geo-
graphical area. In defining the unit claimed to be appropriate as
"semi-industrial," the I. B. E. W. recognizes that such unit is com-
posed of a number of groups of employees possessing widely varied
skills, and that several of such groups are totally separate from each
other both geographically and functionally. Indeed, the record
shows plainly that plant department employees who have their head-
quarters at various cities in the Pacific Division have more in com-
mon with employees in other departments in such cities, by reason
of the location of their work and the interdependence of their duties,
WESTERN UNION TELEGRAPH COMPANY 597
than with plant department employees in the line gangs. The ma-
jority of the Board recognizes this fact by holding that plant depart-
ment employees in metropolitan areas may appropriately be included
with employees in the other departments in a single unit, but never-
theless holds that plant department employees in such metropolitan
areas may split themselves off from such appropriate units upon
the sole ground, so far as appears, that certain of these employees
have designated the I. B. E. W. The majority reaches this result
despite the fact, noted above, that the I. B. E. W. in the instant case
has disregarded the elements of mutuality of employee interest which
it has recognized, as the record shows, elsewhere in the industry by
representing employees on an industrial rather than a departmental
basis.
All parties apparently agree that a Nation-wide unit of all em-
ployees of the Company may in the future be appropriate. However,
in the absence of a showing that employees have organized on a
Nation-wide basis, the Board has determined upon bargaining units
confined to a metropolitan area. To permit particular groups of
employees to separate themselves from the remaining employees in
a metropolitan area amounts to a disregard of the interdependence
and integration of the Company's operations in such an area, would
disrupt the Board's precedents of holding appropriate industrial
units in a particular area pending Nation-wide organization'24 and
would multiply the problems to be solved before a Nation-wide unit,
which all parties apparently concede may be appropriate, may be
established.
Accordingly, I am of the opinion that the Board should find appro-
priate a unit of all employees in the San Francisco metropolitan area
in the traffic, commercial, plant, accounting, and purchasing and stores
departments and the San Francisco divisional offices, excluding the
24See Matter of The Western Union Telegraph Company, Inc. and The-Commercial
Telegraphers' Union, 11 N. L. R. B , 1154; Matter of the Western Union Telegraph Com-
pany and Commercial Telegraphers' Union, etc., 17 N. L. R B., 683; Matter of Western
Union Telegraph Company and American Communications Association Local 54-B, etc,
23 N. L. R. B 824; Matter of The Western Union Telegraph Company and American
Federation of Labor, Federal Union No 22$60, 30 N L R B 679; Matter of Western;
Union Telegraph Company and Springfield Local Number 51, etc., 30 N L. R B 720;
Matter of The Western Union Telegraph Company and h'atibnal Western Union Council
of A. F. L Federal Unions and C T. U Locals, 30 N. L R B. 1127; Matter of d'hei
Western Union Telegraph Company and Commercial Telegraphers' Union, 30 N L. R B.
365; Matter of Western Union Telegraph Company and American Federation of Labor,
etc, 30 N. L R B. 1169; Matter of The Western Union Telegraph Company and Na-
tional Western Union Council of A. F. of L Federal Unions and C T. U. Locals, 30
N. L R. B 1181 ; Matter of Western Union Telegraph Company and National Western
Union Council of A F of L Federal Unions and C. T. U Locals, 31 N L R B 560;
Matter of The Western Union Telegraph Company and United Western Union Employees
of Buffalo, 32 N. L R B 210; Matter of The Western Union Telegraph Company and Tele-
graph Employees Independent Union, et al, 32 N. L. R B 428; Matter of Western Union
Telegraph Company and National Western Union Council of A F. of L Federal Unions'and
C. T. U. Locals, 32 N. L. R. B 175
451269-42-vol. 34-39
598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees listed upon Appendices A, B, and D. Within this unit
I believe that the Board should order an election to determine whether
a majority of these employees desire to be represented by the A. C. A.
of the I. C. U., for the purposes of collective bargaining, or by neither,
provided however, that the C. T. U. be permitted a place upon the
ballot if it so desires. While I would deny the petition of the
I. B. E. W., such denial would be without prejudice to the I. B. E. W.'s
right to file a petition for an investigation and certification of repre-
sentatives of the line-gang employees only. A substantial number of
these employees have indicated their desire for collective bargaining.
They form a well-defined group ; they are not headquartered at any
city within the Pacific Division; and the division-wide nature of their
duties not only separates them from employees in the cities but renders
infeasible collective bargaining on their behalf on the basis of city-
wide units.
APPENDIX A
Traffic Department (San Francisco)
Traffic manager
Night traffic managers
Morse testing and regulating chief
Automatic testing and regulating chief
Chief clerk
Secretary to the chief clerk
Assistant chief operators (automatic and telephone)
Nurse
Early and late night testing and regulating chiefs
Commercial news department supervisor
Morse supervisors
Teleprinter supervisors
Automatic supervisors
Telephone supervisors
Route supervisors
Service supervisors
Automatic monitor
Commercial Department (San Francisco)
Superintendent
Secretary to the superintendent
Chief clerk
City commercial manager
Sales manager
Manager of the delivery department
Assistant to the manager of the delivery department
WESTERN UNION TELEGRAPH COMPANY
Manager of credits and collections
Cashier
Employing supervisor of messengers
Early night manager
Accounting department (San Francisco)
Accounting center manager
Assistant accounting center manager
Purchasing and stores department (San Francisco)
Division storekeeper
Head clerk
APPENDIX B
San Francisco division offices
(1) General manager's office of the commercial department-
All employees except mail clerks and office boy
(2) Division traffic superintendent's office-
All employees
(3) Division plant superintendent's office-
General foreman
Field engineers
Division ticker supervisor
Division supervisor of maintenance
Chief clerk
Equipment inspectors
Maintenance foreman
Chief line inspector
Division supervisor of equipment
Division plant superintendent
Division plant engineer
Division supervisor of lines
Supervisor
Secretary to division plant superintendent
Clerk in charge of service records%
(4) Division auditor's office-
Division auditor
Chief accountant
Plant accountant
Supervisor accounting bureau
Chief traveling auditor
Traveling auditors
Supervisor money orders
Private secretary to division auditor
599
600 DECISIONS OF .NATIONAL LABOR RELATIONS BOARD
APPENDIX C
Line gang employees in Paci fic_ Division
Line gang foremen
Underground foremen
APPENDIX D
Plant department (San Francisco)
City foreman
Shop foreman
Building supervisor
Transmitter chief
Clerk to city foreman
APPENDIX E
Plant department (Los Angeles)
City foreman
Building supervisor
Maintenance foreman
Transmitter chief
Clerk to city foreman
Clerk to maintenance foreman
APPENDIX F
City foreman
Plant department (Portland)
APPENDIX G
Plant department (Seattle)
City foreman
Clerk to city foreman
APPENDIX H
Plant department (Salt Lake City)
City foreman