Western Union Telegraph Co.

National Labor Relations Board - Board DecisionsSep 17, 1942

44 N.L.R.B. 102 (N.L.R.B. 1942)

In the Matter Of WESTERN UNION TELEGRAPH COMPANY and INTER- NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS Case No. R-4009.-Decided September 17, 1942 Investigation and Certification of Representatives : stipulation for certification upon consent audit. Mrs. Alice M. Rosseter, for the Board. Mr. M. T. Cook, for the Company. ' Mr. O. A. Rieman, of San Francisco, Calif., for the Union. Mr. Vincent P. Dunn, of San Francisco, Calif., for the C. T. U. Mr. Bruce Risley,, for the A. C. A. Iilr. J. Benson Saks, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On May 7 and June 22, 1942, respectively, International Brother- hood of Electrical Workers, affiliated with the American Federation of Labor, herein called the Union, filed with the Regional Director for the Twentieth Region (San Francisco, California) a petition and second amended petition alleging that a question affecting com- inerce had arisen concerning the representation of employees of Western Union Telegraph Company, herein called the Company, en- gaged in the receipt 'and transmission of telegraphic communica- tions on the Pacific Coast, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the Na- tional Labor Relations Act, 49 Stat. 449, herein called the Act. 'On July 23, 1942, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropri- ate hearing upon due notice. On July 27, 1942, the Company, the Union, Commercial Telegraphers Union, Local No. 34, affiliated with' the American Federation of Labor, and American Communications 44 N L R B., No. 22. 102 WESTERN UNION TELEGRAPH COMPANY 103 Association, affiliated with the Congress of Industrial Organizations, both being labor organizations claiming to represent employees di- rectly affected by the investigation, and the Regional Director en- tered into a "STIPULATION FOR CERTIFICATION UPON CONSENT AUDIT." Pursuant to the stipulation, an audit was conducted on August 10, 1942, under the direction and supervision of the Regional Director, among five line inspectors and one line inspector's helper at San Fran- cisco, California; two section eg6pmentmen and one maintainer at Oakland, California; two section equipmentmen at Sacramento, Cali- fornia; and two city linemen at Tacoma, Washington, to determine whether or not they desired to be represented by the Union. On August 10, 1942, the Regional Director issued and ,duly served upon the parties a Consent Audit Report. No objections to the conduct of the Audit or to the Report have been filed by any of the parties. In her Consent-Audit Report the Regional Director reported as follows concerning the audit and its results : Number of employees in unit______________________________ 13 Number of employees designating International Brotherhood, of Electrical Workers, AFL______________________________ 8 Upon the basis of the stipulation, the Consent Audit Report, and the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. A question affecting commel ce has arisen concerning the repre- sentation of employees of Western Union Telegraph Company, Pacific Division, within the meaning of -Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All Plant Department employees in the Pacific Division of the Company excluding those employees listed in Exhibit A, attached hereto, constitute a unit appropriate for the purposes of collective bar- gaining, within the meaning of Section 9 (b) of the National-Labor Relations Act. 3. International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor, has been designated and selected by a majority of the employees in the above unit as their representative for-the purposes of collective bargaining, and is, the exclusive repre- sentative of all employees in said unit, within the meaning of Section 9 (a) 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, 1,04 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT IS HEREBY CERTIFIED that International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor, has been designated and selected by a majority of all Plant Department em- ployees in the Pacific Division of Western Union Telegraph Company, excluding those listed in Exhibit A, attached hereto, as their repre- sentative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, International Brotherhood of Electrical Workers, 'affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of col- lective bargaining with respect to rates of pay, wages,,hours of employ- ment, and other conditions of employment. EXHIBIT "A" San Francisco Division Plant- Superintendent's Office General foreman Field engineers Division ticket supervisor Division supervisor of mainte- nance Chief clerk Equipment inspectors Maintenance foreman Chief line inspector Division supervisor of equipment Division plant superintendent Division plant engineer, Division supervisor of lines Supervisor Secretary to division plant super- intendent Clerk in charge of service records Draftsmen Stenographers Clerks Office Boy Maintenance supervisor Equipment foreman Line Gang Employees in Pacific Division Line gang foremen Underground foremen Plant department (San Francisco) City foreman Shop foreman Building supervisor Transmitter chief Clerk to city foreman Plant Department (Los Angeles) City foreman Building supervisor Maintenance foreman Transmitter chief Clerk to city foreman Clerk to maintenance foreman- Plant Department (Portland) City Foreman Plant Department (Seattle) City foreman _ Clerk to city foreman Plant Department (Salt Lake City) City foreman Plant Department (Spokane) All employees