Western Union Telegraph Co.

National Labor Relations Board - Board Decisions

Mar 17, 1942

39 N.L.R.B. 889 (N.L.R.B. 1942)

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-2652, respectively
THIRD SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 17, 1942
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 elec'
tions be ' conducted ' among certain groups of employees ' of Western
Union Telegraph Company, 'herein called the Company, including
an election among the employees described as Group (a) in the Direc-
tion of Elections. On January 23, 1942, the Board issued a Second
Supplemental Decision, Order` and Direction of Election.2 Therein
the Board ordered that the election. held among. the employees in
Group (a), pursuant to the Direction of Elections of August 20, 1941,
be set aside and directed that a new election be conducted among such'
employees, subject to certain limitations and additions set forth in
the Direction of Election of January 23, 1942. Pursuant to the
Direction of Election, 'an election by secret ballot was conducted
on, February 19, 1942, under the direction and supervision of the
Regional Director for the Twentieth Region (San 'Francisco, Cali-
fornia). -On February 26, 71942,"the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2,, as amended, issued and duly. served
upon the parties her Election-Report. No objections to the conduct
of the ballot or the Election .Report have been filed by any of the
parties. I '
134 N , L. R., B. 373.
238 N. L. R B..483
39 N. L. R. B., No. 174.
889
890, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote-------------------------------- 823
Number of votes for American Communications Association,
C. 1. 0.--------------------------------------------------- 159
•Number of votes for Commercial Telegraphers Union, A. F. L. 338
Number of votes for neither-------------- ------------------ 24
Total number of votes counted ------------------------------- 521
Number of blank ballots------------------------------------ 1
Number of void ballots -------------------------------------- 1
Number of challenged ballots -------------------------------- 18
Since the 18 challenged ballots cannot affect the results of the election
we find it unnecessary to pass upon the challenges.
In the Decision and Direction of, Elections issued on August 20,
1941, the Board made no final determination as to the appropriate
unit or units. The Board therein stated that it would "certify the
union, if any, designated by a majority of the employees within each
election unit as the exclusive representative thereof," subject to cer-
tain qualifications no, longer material herein.3 Since the results of
the election show that a majority of the employees in Group (a) have
designated Commercial Telegraphers Union, we shall find that these
employees constitute a separate appropriate unit and shall certify
Commercial Telegraphers Union as their representative.
Upon the basis of the entire record, the Board makes the following:
SUPPLEMENTAL FINDING OF FACT
We find that all' employees of Western Union Telegraph Company
in the San Francisco, California, metropolitan area in the traffic,
commercial, 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 of the Decision
and Direction of Elections issued on August 20, 1941, 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, the Board makes the following : .
3 These qualifications concerned contingencies which have been'resolved by the results
of the elections held among groups of employees other than Group ( a). A Supplemental
,Decision and Certification of Representatives respecting these elections was issued on
November 14, 1941, and is reported in 36 N. L. R. B 945.
WESTERN UNION TELEGRAPH COMPANY 891
SUPPLEMENTAL CONCLUSION OF LAW
All employees of Western Union Telegraph Company in the San
Francisco, California, metropolitan area in the traffic, commercial,
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 of the Decision and Direction
of Elections issued on August 20, 1941, constitute 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 pursuantito Article III,,Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended,
IT IS HEREBY CERTIFIED that Commercial Telegraphers Union has
been designated and selected by a majority of all employees of West-
ern Union Telegraph Company in the San Francisco, ' California,
metropolitan area in the traffic, commercial, accounting, and pur-
chasing and stores departments, and in the San Francisco division
offices, and including the clerk to the city foreman in the plant depart-
ment, but excluding the employees occupying the positions listed in
Appendices 'A and B of the Decision and Difection of Elections
issued on August 20, 1941, as their representative for the purposes
of collective bargaining, and that pursuant to Section 9 (a) of the
National Labor Relations Act, Commercial Telegraphers Union 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.