Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Nov 14, 1941

36 N.L.R.B. 945 (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-f2651 and R-2652, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
November 14, 1941
On August 20, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in
the above-entitled proceedings.' The Board therein directed that
elections be held among the following groups of employees of West-
ern Union Telegraph Company, herein called the Company : (a) all
employees in the San Francisco metropolitan area in the traffic, com-
mercial, accounting, and purchasing and stores departments and in
the San Francisco division offices, and including the clerk to the
city foreman in the plant department, but excluding the employees
occupying the positions listed in Appendices A and B, to determine
whether they desired to be represented by American Communications
Association, herein called the A. C. A., by Commercial Telegraphers
Union, herein called the C. T. U., or by Independent Communica-
tions Union, herein called 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, but
excluding the employees occupying the positions listed in Appendix
D, to determine whether they desired to be represented by Inter-
national Brotherhood of Electrical Workers, herein called the I. B.
E. W., by the A. C. A., or by the I. C. U., or by none of said or-
ganizations; (c) all line gang employees and the 31 plant-department
employees individually assigned to each of 31 "miscellaneous loca-
tions," excluding the employees occupying the positions listed in
34 N. L. R. B.. No. 77.
36 N. L. R. B...No. 194.
945
433118-42-vol. 36-61.
946 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Appendix C, to determine whether or not they desired to be rep-
resented for the purposes of collective bargaining by the I. B. E. W.;
(d) all employees in the plant department in the Los Angeles metro-
politan area, excluding the employees occupying the positions listed
in Appendix E, to determine whether or not they desired to be rep-
resented by the I. B. E. W. for the purposes of collective bargain-
ing; (e) all employees in the plant department at Portland, Oregon,
excluding the employees occupying the positions listed in Appendix
F, to determine whether or not they desired 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 de-
termine whether or not they desired to be represented by the I. B.
E. W. for the purposes of collective bargaining; and (g) all em-
ployees in the plant department at Salt Lake City, Utah, excluding
the employee occupying the position listed in Appendix H, to de-
termine whether they desired to be represented by the I. B. E. W.,
or by the A. C. A., for the purposes of collective bargaining, or by
neither. In its Decision and Direction of Elections, the Board made
no final determination as to the appropriate unit or units. The
Board therein stated :
We shall certify the union, if any, designated by a majority
of the employees within each election unit as the exclusive rep-
resentative thereof, subject to the following qualifications: If
the A. C. A., or the I. C. U., wins both elections among em-
ployees 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 representative of em-
ployees in both election units combined.2 If a majority 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.
Pursuant to the Direction of Elections, elections by secret ballot were
conducted under the direction and supervision of the Regional Di-
rector for the Twentieth Region (San. Francisco, California).3 On
2 In Matter of Western Union Telegraph Company, Salt Lake City, Utah and American
Communications Association , affiliated with C . I. 0., 34 N. L. R. B., No . 76, we directed an
election among employees of the Company at Salt Lake City in the traffic and commercial
departments.
The elections among employees in Groups (a) and (b) above were conducted at San
Francisco, California, on September 15, 1941 ; the election among employees in Group (d)
above was conducted at Los Angeles, California, on September 15, 1941,; the election among
employees in Group (f) above was conducted at Seattle, Washington, on .September 15,
1941 ; the election among employees in Group (g) above was conducted at Salt Lake City,
Utah , on September 15, 1941 ; and the balloting among the remaining employees described
WESTERN 'UNION TELEGRAPH COMPANY 947
September 23, 1941, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, issued and duly served upon the
parties his Election Report. No objections to the conduct of the
ballot or the Election Report with respect to the elections among
the plant department employees described above, have been filed
by any of the parties.4
As to the balloting and its results among the plant-department
employees, the Regional Director reported as follows:
San Francisco plant department employees
Total number eligible to vote-------------------------------- 59
Valid votes for I. B. E. W---------------------------------- 38
Valid votes for I. C. U-------------------------------------- 3
Valid votes for A. C. A------------------------------------- 1
Total valid votes cast --------------------------------------- 42
Challenged ballots------------------------------------------ 5
The 31 plant department employees individually assigned to each
of 31 "miscellaneous. locations"
Total number eligible 'to vote------------------------------- 31
Ballots mailed--------------------------------------------- 31
Valid mail ballots for I. B. E. W---------------------------- 22
Valid mail ballots against I. B. E. W------------------------ 1
Total valid mail ballots cast-------------------------------- 23
Mail ballot void-------------------------------------------- 1
Line gang employees
Total number eligible to vote ------------------------------- 62
Ballots mailed --------------------------------------------- 62
Valid mail ballots for I. B. E. W--------------------------- 49
Valid mail ballots against I. B. E. W------------------------ 2
Total valid mail ballots cast-------------------------------- 51
Phoenix plant department employees
Total number eligible to vote------------------------------- 3
Total ballots mailed---------------------------------------- 3
Valid mail ballots for I. B. E. W---------------------------- 3
Mail ballots against I. B. E. W------------------------------ 0
above was conducted by mail. In the above-mentioned Decision and Direction of Elections,
issued on August 20, 1941, we stated that in the event that the C. T. U. filed a waiver of its
claim to the representation of plant-department employees at Phoenix, Arizona, within 10
days, an election would be directed among such employees to determine whether or not
they desired 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. Thereafter, the C. T. U. filed
a waiver of its claim to the representation of plant-department employees at Phoenix,
Arizona, and an election was duly conducted among such employees.
4Objections were. filed to the Election Report with. respect to the election held among
employees in Group (a) above. As hereinafter stated, no finding is made herein respecting
the results of said election.
948 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Los Angeles plant department employees
Total number eligible to vote----------------------------- 49
Valid votes for^I. B. E. W--------------------------------- 34
Valid votes against I. B. E. W--------'---------------------- 8
Total valid votes cast-------------------------------------- 42
.Challenged ballot------------------------------------------- 1.
Total ballots cast------------------------------------------ 43
Portland plant department employees
Total number eligible to vote------------------------------- 13
Total ballots mailed ---------------------------------------- 13
Valid mail ballots for I. B. E. W--------------------------- 12
Mail ballots against I. B. E. W ------------------------------ 0
Total valid mail ballots cast -------------------------------- 12
Seattle plant department employees
-Total number eligible to vote-------------------------------- 7
Valid votes for I. B. E. W----------------------------------- 6
Votes against I. B. E. W------------------------------------ 0
Challenged ballot ------------------------------------------ 1
.Total ballots cast------------------------------------------ 7
Salt Lake City plant department employees.
Total number eligible to vote------------------------------ 4
Valid votes for I . B. E. W---------------------------------- 2
Valid votes for A. C. A------------------------------------- 0
Valid votes for neither------------------------------------- 1
Total valid votes cast-------------------------------------- .3
Total ballots cast-- ---------------------------------------- 3
Since the challenged ballots cannot affect the results of the elections
above mentioned, we find it unnecessary to pass upon the challenges.
The results of the elections set forth above show that the I. B. E. W.
has been selected as bargaining agent by a majority of employees in
each of the election units in which it was named upon the ballot. Since
the results of the election among employees in Group (a) above can-
not affect the determination with respect to the plant-department em-
ployees, we see no reason to postpone our certification of representa-
tives for these employees. We shall subsequently issue a supplemental
decision respecting the election among employees in Group (a) above.
Upon the basis of the entire record in the cases the Board makes
the following : .
SUPPLEMENTAL FINNDING OF FACT
We find that all employees in the plant department of Western
Union Telegraph Company in the San Francisco and Los Angeles,
:WESTERN ,=UNION ,TELEGRAPH COMPANY 949;
California ; metropolitan areas; and at Portland , Oregon ; Seattle,
Washington;.Salt Lake City , Utah; and Phoenix, Arizona, and all line
gang employees and the 31 plant-department employees individually
assigned to, each of 31 "miscellaneous locations" 5 in the Pacific
Division , but excluding the employees occupying the positions listed
in Appendices C,-D, E, F , G, and H, attached to the Decision - and
Direction of Elections , constitute a unit appropriate for, the purposes
of collective bargaining , and that said unit will insure to employees.
of the Company the full benefit of their right to self-organization and
to collective bargaining and otherwise effectuate the policies of the
Act.
Upon the basis of the above finding of fact and upon the entire
record in the case the Board makes the following :
SUPPLEMENTAL CONCLUSION OF LAW
All employees in the plant department of Western Union Telegraph
Company in the San Francisco and Los Angeles, California, metro-
politan areas, and at Portland, Oregon; Seattle, Washington; Salt
Lake City, Utah; and Phoenix, Arizona, and all line gang employees
and the 31 plant-department employees individually assigned to each
of 31 "miscellaneous locations" in the Pacific Division, but excluding
the employees occupying the positions listed in Appendices C, D, E,
F, G, and H, attached to the Decision and Direction of Elections, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
CERTIFICATION OF REPRESENTATIVES
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, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT Is HEREBY CERTIFIED that International Brotherhood of Electrical
Workers has been designated and selected by a majority of all em-
ployees in the plant department of Western Union Telegraph Com-
pany in the San Francisco and Los Angeles, California, metropolitan
areas, and at Portland, Oregon; Seattle, Washington; Salt Lake City,
Utah; and Phoenix, Arizona, and all line gang employees and the 31
plant-department employees individually assigned to each of 31 "mis-
cellaneous locations" in the Pacific Division, but excluding the em-'
5 Identified in footnote 13 of our Decision and Direction of Elections mentioned above.
950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees occupying the positions listed in Appendices C, D, E, F, G,
and H, attached to the Decision and Direction of Elections, as their
representative for the purposes of collective bargaining, and that
pursuant to Section 9 (a) of the National Labor Relations Act,.Inter-
national Brotherhood of Electrical Workers is the exclusive represen-
tative of all such employees for the purposes of collective bargaining
with respect to rates of pay, wages, hours of employment, and other
conditions of employment.