Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Nov 14, 1941

36 N.L.R.B. 941 (N.L.R.B. 1941)

In the Matter Of WESTERN UNION TELEGRAPH COMPANY, SALT LAKE
CITY, UTAH and AMERICAN COMMUNICATIONS ASSOCIATION, AFFIL-
IATED WITH C. I. O.
Case No. R-0043
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
November 14, 194,.1
On August 20, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled proceedings.' The Board therein directed that
an election be conducted among employees of Western Union Tele-
graph Company, herein called the Company, at Salt Lake City,
Utah, in the traffic and commercial departments, with certain exclu-
sions hereinafter noted, to determine whether they desired to -be
represented by American Communications Association, affiliated with
the Congress of Industrial Organizations, herein called the A. C. A.,
or by Commercial Telegraphers Union, affiliated with the American
Federation of Labor, herein called the C. T. U., for the purposes
of collective bargaining, or by neither. Pursuant to the Direction
of Election, an election by secret ballot was conducted on September
15, 1941, under the direction and supervision of the Regional Director
for the Twenty-second Region (Denver, Colorado). On September
29, 1941, the Regional Director, acting pursuant to Article III, Sec-
tion 9, of National Labor Relations Board Rules and Regulations-
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 have been filed by any, of the parties.
134 N. L. R . B., No. 76.
36 N. L R. B., No. 193.
941
942 DECISIONS OF NAT10NAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported'
as follows :
Total number on eligibility list------------------------------- 148
Total number of ballots cast------------------------------- 142
Total number of challenged ballots--------------------------- . 4
Total number of blank ballots------------------------------- 0
Total number of void ballots--------------------------------- 0
Total number of valid votes cast---------------------------- 138
Total number of ballots cast for American Communications
Association , C. I. 0--------------------------------------- 86
Total number of ballots cast for Commercial Telegraphers'
Union, A . F. of L--------------------------------------- 51
Total number of ballots cast for neither labor organization-___ ,1
Since the four challenged ballots cannot affect the result of the
election, we find it unnecessary to pass upon the challenges.
In the Decision and Direction of Elections previously referred to
the Board made no final determination as to the appropriate unit.
The Board there stated :
In our Decision and Direction of Election in Cases Nos.
R-2651 and R-2652,2 decided this day, we direct an election among
certain employees in the plant department at Salt Lake City,
to determine whether they desire to be represented by the
A. C. A. or the I. B. E. W. [International Brotherhood of
Electrical Workers] for the purposes of collective bargaining.
We shall make no final determination of the appropriate unit
at this time. We shall certify the union, if any, designated by a
majority of employees within each election unit as the exclusive
representative thereof. If the A. C. A. should win both elec-
tions, we shall certify it as the exclusive representative of both
election units combined.
Since a majority of the employees in the commercial and traffic,
departments at Salt Lake City voted for the A. C. A., and since
as appears in our Supplemental Decision and Certification of Repre-
sentatives in Cases Nos. R-2651 and "R-2652,3 issued this day, a
majority. of the employees in the plant department at Salt Lake City
voted for the I. B. E. W., we shall find that the employees in the
commercial and traffic departments at Salt Lake City, with the ex-
clusions hereinafter noted, constitute a separate appropriate unit
and we,.shall certify the A. C. A. as their representative.
2 Matter of Western Union Telegraph Company and Commercial Telegraphers Union et at.,
34 N. L. R. B., No. 77.
3 Matter of Western Union Telegraph Company and Commercial Telegraphers Union at at.,
36 N. L. R. B., 945.
WESTERN UNION TELEGRAPH COMPANY 943
Upon the basis of the entire -record in the case, the Board makes
the following:
SUPPLEMENTAL FINDING OF FACT
We find that all employees of the Western Union Telegraph Com-
pany at Salt Lake City, Utah, in the traffic and commercial depart-
ments, excluding the superintendent, chief clerk, sales manager,
delivery-department manager, chief bookkeeper, and secretary to the
superintendent, chief clerk, and sales manager (E. M. Eveleigh) in
the commercial department; and the traffic manager, night traffic
managers, assistant chief operator, automatic chief, and secretary to
the traffic manager (J. P. Delury) in the traffic department, 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 bargain--
ing 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 of the Western Union Telegraph Company at Salt
Lake City, Utah, in the traffic and commercial departments, excluding
the superintendent, chief clerk, sales manager, delivery-department
manager, chief bookkeeper, and secretary to the superintendent, chief
clerk, and sales manager (E. M. Eveleigh), in the commercial de-
partment; and the traffic manager, night traffic managers, assistant
chief operator, automatic chief, and secretary to the traffic manager
(J. P. Delury) in the traffic department, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of Sec-
tion 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, Section 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS FIEREBY CERTIFIED that American Communications Association,
affiliated with the Congress of Industrial Organizations, has been
designated and selected by a majority of all employees of the Western
Union Telegraph Company at Salt Lake City, Utah, in the traffic
and commercial departments, excluding the superintendent, chief
944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
clerk, sales manager, delivery-department manager, chief bookkeeper,
and secretary to the superintendent, chief clerk, and sales manager
(E. M. Eveleigh) in the commercial department; and the traffic
manager, night traffic managers, assistant chief operator, automatic
chief, and secretary to the traffic manager (J. P. Delury) in the
traffic department, as their representative for the purposes of col-
lective bargaining, and that, pursuant to Section 9 (a) of the National
Labor Relations Act, American Communications Association, affili-
ated with the Congress of Industrial Organizations, is the exclusive
representative 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.