Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Nov 19, 1941

36 N.L.R.B. 1131 (N.L.R.B. 1941)

In the Matter of WESTERN UNION TELEGRAPH COMPANY,mU FEDERAL
LOCAL 22490 OF WESTERN UNION ORGANIZING COUNCIL OF A. F. OF L.
FEDERAL LABOR UNIONS AND C. T. U. LOCALS
In the Matter of WESTERN UNION TELEGRAPH COMPANY, SPRINGFIELD,
MASS. and FEDERAL LABOR UNION #22672-WESTERN UNION
ORGANIZING COUNCIL OF A. F. OF L. FEDERAL LABOR UNIONS AND
C. T. U. LOCALS
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
THE COMMUNICATIONS GUILD
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
THE COMMUNICATIONS GUILD
In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and
THE 'COMMUNICATIONS GUILD
Cases Nos. -R-2820 to R-2824 inclusive
SUPPLEMENTAL DECISION
DIRECTION
AND
CERTIFICATION OF REPRESENTATIVES
November 19, 1941
On September 8, 1941, the National Labor Relations Board, -herein
-called the Board, issued its Decision and Direction of Elections in
the above-entitled proceedings.' Pursuant' to the Direction, separate
elections by secret ballot were conducted between September 25 and
October 7, 1941, under the direction and supervision of the Regional
Director for the First Region (Boston, Massachusetts), among em-
ployees of Western Union Telegraph Company herein called the
Company, at Boston, Springfield, and Worcester, Massachusetts, and
Providence, Rhode Island. On October 13, 1941, the Regional Di-
rector, acting pursuant" to Article III, Section 9, of National Labor
Relations Board-Rules and Regulations-Series 2, as amended, issued
an Election Report, copies of which were duly served upon the
parties. ,I ,
1 35 N. L. R. B., No. 56.
36 N. L. R. B., No. 232.
1131
1132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and the results thereof; the Regional Director
reported as follows :
Boston:
Total number on eligibility list___ _____________________ 1, 261
Total number of ballots cast ___________________________ 909
Total number of ballots challenged_____________________ 5
Total number of absentee ballots 2..................... 5
Total number of blank ballots _________________________ 0
Total number of void ballots ------------------ -- -------- 1
Total number of valid votes cast and counted---------- 895
Total number of votes cast for American Federation of
Labor ---------------------------------------------- 529
Total number of votes cast for Communications Guild___ 348
Total number of votes cast for neither________----------------- 21
Springfield :
Total number on eligibility list__ ______________________ 64
Total number of ballots cast __________________________ 43
Total number of ballots, challenged____________________ 3
Total number of blank ballots _________________________ 0
Total number, of void ballots __________________________ 1.
Total number of valid votes cast and counted ------------ 30
,Total number of votes cast for American Federation of
Labor-=--------------=----------------------------- 38
Total number of votes cast for Communications Guild___ 1
Total number of votes cast for neither_________________ 0
Worcester:
Total number on eligibility list_________ _______________ 57
Total number of ballots cast_____ _____________________ 47
Total number of ballots challenged____________________ 1
Total number-of blank bdilots '-- ---------- 0
Total number of void ballots__________________________ 0
Total number of valid votes cast and counted ---------- 46
Total number of votes cast for American Federation of
Labor ----------------------------------------------- 23;
Total, number of votes cast for Communications Guild____ 22
Total number of votes cast for neither ___________________ I
Providence-
Total number on eligibility list_ _________________________ 136
Total number of ballots cast----------------------- -__ 91
Total number of ballots challenged_____________________ 0
Total number of absentee ballots 2 _______________________ 1
Total number of blank ballots ---------------------------- 0
Total number of void ballots____________________________ 0
Total number of valid votes cast and counted ------------ 90
Total number of votes cast for American Federation of
Labor ----------------------------------------------- 65
Total number of votes cast for Communications Guild_____ 23
Total number of votes cast for neither___________________ 2
2 The, absentee ballots were not opened or counted since they were not sufficient ire
number to affect the results of the election.
8 See footnote 2, above.
WESTERN UNION TELEGRAPH COMPANY 1133
In his Election Report the Regional Director ruled on the chal-
lenged ballot cast by Roy Perron in the election at Worcester. The
Regional Director concluded therein that Perron, a messenger, was
not an "other employment" employee within the meaning of the
-excluded classifications set forth in the Direction, of Elections, and
that therefore he was entitled to vote in the election ; and recom-
mended that the challenged ballot cast by him be opened and counted.
The challenged ballots cast in the Boston, Springfield, and Provi-
dence elections could not affect the results thereof and the Regional
Director made no ruling as to them.
On October 24, 1941, Communications Guild, herein called the
Guild, filed Objections to the Election Report.' On October 29, 1941,
the Regional Director issued a Report on Objections. The Board has
fully considered the Election Report, the Guild's objections thereto,
and the Regional Director's Report on Objections, and finds, for
the reasons set forth by the Regional Director, that Roy Perron was
eligible to participate in said election and that his ballot is valid.
The Board further finds that Objections to the Election Report filed
by the Guild raise no substantial and material issues with respect to
.any of the aforesaid elections and the Election report thereon. They
are therefore overruled.
The results of the elections show that the American Federation of
Labor has been selected by a majority of employees of the Company
at Boston, Springfield; and Providence, respectively, in appropriate
units-and-the Board will so certify: . Since'counting of the challenged
ballot is essential to the determination of the results of the election
at Worcester, we shall direct that it be counted.
DIRECTION
• - By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 .(c) of the National Labor
Relations Act, 49 Stat. 449, and pursuant to Article III, Sec-
tions 8 and 9, of National Labor Relations Board Rules and Regula-
tions-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 Worcester,
Massachusetts;, the Regional Director- for the' First Region (Boston,
Massachusetts) shall, pursuant to said Rules and Regulations and
subject to Article III, Section 9, thereof, within ten (10) days from
the date of this Direction open and count the challenged ballot herein
4 Within the 5-day period allowed for the filing of objections, the Guild informed the
Regional Director of its intention to file objections to the Election Report.
1134 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
_declared valid and shall thereafter prepare, and cause to be served
upon the parties to this proceeding, a Supplemental Election Report,
embodying his findings therein and his recommendations as to the
results of the balloting.
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
Relations Act, 449 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 the American Federation of Labor
has been designated and selected by the following groups of em-
ployees of Western Union Telegraph Company as their ,representative
for the purposes of collective bargaining and that pursuant to Sec-
tion 9 (a) of the National Labor Relations Act, the American Feder-
ation of Labor 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 : -
1. Employees working in Metropolitan Boston in the commercial,
traffic, plant, accounting, and stores departments, excluding the
"Cambridge Gang," the Boston and Albany linemen, and the em-
ployees occupying the positions listed in Appendix A, attached to
the Decision and Direction of Elections;
2. Employees working in Springfield in the commercial, traffic,
and plant departments, excluding Darling and ,the employees occupy-
ing the positions listed in Appendix B, attached to said Decision and
Direction of Elections ; and
3. Employees working in Providence (including the Pawtucket
branch) in, the, commercial, traffic, and plai t^ departments, excluding
the employees occupying the positions listed in Appendix D, attached--
_ to said Decision and Direction of Elections.
MR. GERARD D. REILLY took no part in the 'consideration of 'the
above Supplemental Decision, Direction and Certification of Repre-
sentatives. -
a Pursuant to the Direction of Elections , the respective Federal Labor Union Locals,
Western Union Organizing Council of A. F . of L. Federal Labor Unions , and C . 'I. U.
Locals were designated on the ballot as the American Federation of Labor.