Western Union Telegraph Co.

National Labor Relations Board - Board DecisionsSep 24, 1941

35 N.L.R.B. 762 (N.L.R.B. 1941)

In the Matter of WESTERN UNION TELEGRAPH COMPANY and LOCAL No. 112, COMMERCIAL TELEGRAPHERS ' UNION, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Cases Nos. R-2899 to R-2903, inclusive .Decided September 24, 1941 Jurisdiction : telegraph industry. Investigation and Certification of Representatives : existence of question: stip- ulated ; pursuant to agreement of the parties : regular and part-time messen- gers held eligible to vote, and messengers irregularly employed held ineligible to vote ; elections necessary. Units Appropriate for Collective Bargaining : separate units : employees of the Company working in and out of each of several cities in South Dakota, namely: Winner, Watertown, Mitchell, Aberdeen, and Sioux Falls, respectively; local managers of Winner, Watertown, and Mitchel included, and local managers of Aberdeen and Sioux Falls excluded. Mr. Edward C. Ziesel, of Chicago, Ill., for the Company. Mr. Frank B. Powers, of Chicago, Ill., and Mr. Howard W. Bran- don, of Lincoln, Nebr., for the C. T. U. Mr. Gilbert V. Rosenberg, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On March 4, 1941, Local No. 112, Commercial Telegraphers' Union, affiliated with the American Federation of Labor, herein called the C. T. U., filed with the Regional Director for the Eighteenth Region (Minneapolis, Minnesota) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Western Union Telegraph Company,' herein called the Company, at Aberdeen, South Dakota, and requesting an investigation and certifi- cation of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 22, 1941, the C. T. U. filed with the Regional Director other petitions alleging that questions affecting commerce had arisen concerning the representation of employees of the Company at Winner, i Incorrectly designated in the formal papers as Western Union Telegraph Co. 35 N. L. R. B., No. 168. 762 WESTERN UNION TELEGRAPH COMPANY 763 South Dakota, Watertown, South Dakota, Mitchell, South Dakota, and Sioux Falls, South Dakota, and requesting investigations and cer- tifications of representatives pursuant to Section 9 (c) of the Act. On June 30, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3 and Section 10 (c) (2), of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an in- vestigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice, and further ordered that the above cases be consolidated. On August 4 and August 7, 1941, respectively, the Regional Direc- tor issued a notice of hearing and an amended notice of hearing, copies of which were duly served upon the Company, the C. T. U., and upon American Communications Association; a labor organiza- tion claifning to represent employees directly affected by the investi- gation. Pursuant to notice, a hearing was held on August 19, 1941, at Minneapolis, Minnesota, before Guy Farmer, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the C. T. U. were represented by representatives and participated in the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to 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. 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 foreign countries in the receipt and transmis- sion by telegraph and cable of interstate and international communi- cations. In the operation of its national and international communications system, the Company employs approximately 44,000 persons. The present proceeding concerns 11 employees of the Com- pany at Aberdeen, South Dakota; 2 employees at Winner, South Dakota ; 4 employees at Watertown, South Dakota ; _ 4 employees at Mitchell, South Dakota; and 29 employees at Sioux Falls, South Dakota. 3 This labor organization did not appear at the hearing. 764 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Company admits that it is' engaged in commerce within the meaning of the Act. H. THE LABOR ORGANIZATION INVOLVED Local No. 112, Commercial Telegraphers' Union is a labor organiza- tion affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION At the hearing the parties stipulated that the C. T. U. has requested exclusive' recognition as collective bargaining representative of em- ployees of the Company in each of the cities involved in this pro- ceeding, and that the Company refuses to accord such recognition until representatives are certified by the Board. A statement read into the record at the hearing by the Trial Exam- iner shows that the C. T. U. represents a substantial number of employees in each of the units hereinafter found to be appropriate.3 We find that questions have arisen concerning the -representation of employees of the Company. 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 UNIT The parties agreed, and we find, that the employees of the Com- pany working in and out of the cities of Aberdeen, Winner, Water- 8 The Trial Examiner reported that in support of its claims with respect to representation- of employees of the Company at the five cities set forth below , the C T. U. submitted the- following evidence: ities Membership petitions carry- ing apparently genuine and Number of persons on April 18,1941, original sig- natures pay roll Aberdeen----------------------------------------------------------- 10 11 Winner------------------------------------------------------------ 2 2 Watertown---------------------------------------------------------- 3 4- Mitchell-------------------------------------- ----------------------- 3. 4 Sioux Falls--------------------------------------------------------- 18 29 :. WESTERN UNION TELEGRAPH COMPANY 765 town, Mitchell, and Sioux Falls, South. Dakota, respectively, constitute separate appropriate bargaining units. The only dispute concerning the units involves the local manager in each of the above cities. The Company desires to exclude the local managers at the five cities named above, contending that one person should be excluded in each unit as a representative of the management. The C. T. U. would exclude only the local manager at Sioux Falls, stating that the local managers should be excluded only in those cities where they do not work as one of the employees- and must rely on departmental heads to supervise operations and personnel. The five local managers work under a district superintendent; are in charge of their respective offices; receive higher salaries than the employees working under them ; and, except as noted below, perform similar duties. At the Aberdeen and Sioux Falls offices, which em- ploy 11 and 29 persons, respectively, the local managers do not nor- mally work as operators, but devote substantially all their time to managerial work and outside solicitation. At the Watertown and Mitchell offices which employ four persons each, the local managers work a regular shift as operators. The office at Winner is a one-man office where the local manager does all the work with the assistance of a part-time messenger. Under all the circumstances, we shall include within the respective units the local managers at Winner, Watertown, and Mitchell, and we shall exclude from the respective units the local managers at Aberdeen and Sioux Falls. We find that the employees of the Company working in and out of the cities of Winner, Watertown, Mitchell, Aberdeen, and Sioux Falls, South Dakota, including the local managers of Winner, Water- town, and Mitchell, and excluding the local managers of Aberdeen and Sioux Falls, respectively, constitute separate units appropriate for the purposes of collective bargaining and that such units will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effec- tuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the questions concerning representation which have arisen can best be resolved by elections by secret ballot. The parties agreed and we find that all regular and part-time messengers should be eligible to participate in the elections and that all irregularly employed messengers engaged exclusively in errand or distribution work should be ineligible to vote in the elections. 766 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The C. T. U. requested that the pay roll for the, week ending August 16, 1941, be used to determine eligibility. The Company did not object to this request. We find and we shall direct that the employees eligible to vote in the elections shall be those in the appro- priate units who were in the employ of the Company during the pay- roll period ending August 16, 1941, subject to such limitations and additions as are set forth in the Direction of Elections. 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 1. Questions affecting commerce have arisen concerning the repre- sentation of employees of Western Union Telegraph Company at Aberdeen, South Dakota, Winner, South Dakota, Watertown, South Dakota, Mitchell, South Dakota, and Sioux Falls, South Dakota, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The employees of the Company working in and out of Winner, Watertown, and Mitchell, including the local managers, respectively, constitute separate units appropriate for the purposes of collective barganing, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. The employees of the Company working in and out of Aberdeen and Sioux Falls, excluding the local managers, respectively, constitute separate units appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTIONS By virtue of and pursuant to the authority 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 Western Union Telegraph Company at Aberdeen, South Da- kota; Winner, South Dakota; Watertown, South Dakota; Mitchell, South Dakota; and Sioux Falls, South Dakota, 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 supervision of the Regional Director for the Eighteenth 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, WESTERN UNION TELEGRAPH COMPANY 767 among the following groups of employees of the Company, who were in the employ of the Company during the pay-roll period ending August 16, 1941, 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 off, but excluding irregularly employed messengers engaged exclusively in errand or distribution work and employees who have since quit or been dis- charged for cause: (1) Employees working in and out of Aberdeen, excluding the local manager; (2) Employees working in and out of Winner, including the local manager ; (3) Employees working in and out of Watertown, including the local manager; (4) Employees working in and out of Mitchell, including the local manager; (5) Employees working in and out of Sioux Falls, excluding the local manager; to determine whether or not they desire to be represented by Commer- cial Telegraphers' Union, Local No. 112 (A. F. L.), for the purposes of collective bargaining.