The Western Union Telegraph Co.

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY 01d THE COMMUNICATIONS GUILT) In the Matter of THE WESTERN UNION TELEGRAPH COMPANY (19 Id TELEGRAPH EMPLOYEES FEDERATION OF NEW YORK (A. F. OF L.), In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and AMERICAN COMMUNICATIONS ASSOCIATION (C. I. 0.) In the Matter of THE WESTERN UNION TELEGRAPH COMPANY alld AMERICAN COMMUNICATIONS ASSOCIATION, LOCAL 2 / lit the Matter of THE WESTERN UNION TELEGRAPH COMPANY avd TELEGRAPH EMPLOYEES FEDERATION OF NEW JERSEY (AFFILIATED WIT{ THE A. F. OF L.) In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and AMERICAN COMMUNICATIONS ASSOCIATION Cases Nos. R-3357 to 3361, inclusive, respectively, and R--3399.- Decided February 28, 194.2 Jurisdiction : telegraph communications industry. Investigation and Certification of Representatives : existence of question:' re- fusal of Company to recognize petitioning unions ; requests of unions, in event separate elections are directed among certain employees, not to be placed on ballots in those elections, granted ; elections necessary. Units Appropriate for Collective Bargaining : (1) all employees in the home offices of the Company, excluding employees' listed in Appendix A, night dispatchers and assistant dispatchers, engineering assistants, supervisory assistants, and specifically named employees; (2) all employees in the Metro- politan Division of they Company, including messengers and the clerk in charge of supplies and requisitions, but excluding employees listed in Appendix B, section automatic chiefs, supervisors, chief instructor in charge of school, monitors, clerk in sales department, clerk in charge of sales department, assistant to manager in cleaning department, personal service, commercial and cable representatives, clerks in charge of pay rolls, night managers, and , cafeteria employees; (3) all employees at the New York repair shop of the Com- pany, excluding the general foreman, assistant general foreman, assistants to general foreman, shop foremen, chief inspector, and confidential clerk ; (4) all employees at the Jersey City warehouse of the Company, excluding, employees listed in Appendix D; (5) all employees in the Cable Department of the Company, excluding' employees listed in Appendix D ; and (6) all employees in the Metropolitan Newark offices of the Company, including mes-, sengers, soliciting branch managers and managers of suburban offices, but excluding employees who are part' of the Metropolitan-Division of the Com- 39 N.L.R B,No 53. 287 448105-42-vol 39-20 288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pany and employees listed in Appendix IE, , geographical units proposed by petitioning unions selected in favor of bargaining units following the pattern of the Company's organizational and operational divisions. Mr. William T. Little, for the Board. Mr. William Wendt and Mr., David E. Krueger, of New York City, for the Company. Bo'udin Cohn ct Glickstein, by Mr. Victor Iiabinowitr,.of New York City, for the A. C. A. Ornstein d Silverman, by Mr. Henry H. Silverman, of New York City, and Mr. Herbert S. Thatcher, of Washington, D. C., for the Federation. - Mr. Herman E. Cooper and Mr. Moss K. Schenck, of New York City, for the Guild. Mr. James F. Dulligan, of Newark; N. J., for the T. E. F. of N. J. dlr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF 771E CASE On October 15 and November 28, 1940, and April 26, 1941, re spectively, The Communications Guild, herein called the Guild, filed with the Regional Director for the Second Region (New York City) a petition and amended petitions alleging that a question affecting commerce had arisen concerning the representation of em- ployees of The Western Union Telegraph Company, New York City, herein called the Company, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April 26, 1941, Telegraph Employees Federation of New York, herein called the Federation, filed a petition and on July 2, 25, and 30, 1941, American Communications Association, herein called the A. C. A., filed petitions and amended petitions with the Regional Director alleging, respectively, that questions affecting commerce had arisen concerning the representation of employees of the Company and requesting investigations and certifications of representatives pur- suant to Section 9 (c) of the Act. On September 30, 1941, Telegraph Employees Federation of New Jersey, herein called the T. E. F. of N. J., filed a petition with the Regional Director alleging that a question affecting commerce had arisen concerning the representation of employees at the Newark, New Jersey, office of the Company, and requesting an investigation and certification of represciitatiyyes pun'- THE WESTERN UNION TELEGRAPH COMPANY 289 suant to Section 9 (c) of the Act. On October 25, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice, and, acting pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations ordered that cases Nos. R-3357 through R-3360, inclusive, be con- solidated. On November 3, 1941, the Board issued an order consol- idating all the cases involved herein. On November 7, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Guild, the A. C. A., the Federation, the T. E. F. of N. J., and upon Commercial Telegraphers' Union, herein called the C. T. U., and Telegraph Workers Independent Union. Pursuant to notice, a hear- ing was held on November -26, 27, 28, and December 1, 2, and 3, 1941, at New York City, before George Bokat, the Trial Examiner duly designated by the Chief Trial Examiner. The Board, the Company, the Guild, the A. C. A., the Federation, and the T. E. F. of N. J. were represented by counsel and participated in the hearing. The C. T. U. and Telegraph Workers Independent Union did not appear at the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner granted motions of the Federation and A. C: A. to amend their petitions to set forth correctly the units desired by them. During the course of the hearing the A. C. A. moved to withdraw its petition involving the employees at the Jersey City warehouse and repair shop of the Company. The Trial Examiner granted the motion. The ruling of the Trial Examiner is hereby overruled.' During the course of the hearing the Trial Examiner made rulings on other motions and on objections to the admission of evidence. The Board has reviewed these rulings and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On December 29, 1941, the Federation and the A. C. A. filed briefs which the Board has considered. On January 21, 1942, all the parties entered into a stipulation with regard to certain proposed exclusions from the home office which is hereby incorporated into and made a part of the record in this proceeding. Upon the entire record in the case, the Board makes the following : 1 The A. C. A. stated that in the event the Board found the employees at the warehouse and repair shop not to be a pact of the larger unit it requested at the hearing, it desired that they be set up as a separate unit. See Section V, infra 290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Western Union Telegraph Company is a New York corpora- tion with its principal office in New York City. It is engaged throughout the United States and in various foreign' countries in the receiving and transmission by telegraph and cable of intrastate, interstate, and international communications. In the operation of its national and international communications system the Company owns and/or operates 210,310 miles of pole lines, 4,082 miles of land- line cable, 1,878,197 miles of wire, 30,312 nautical miles of ocean cable, and 14,500 telegraph offices. At the close of 1940 the Company employed approximately 51,153 persons. This proceeding concerns all the offices in the Company's Metropolitan Division, which com- prises the City of New York, Long Island, and some territory in the State of New Jersey, the Newark, New Jersey, divisional office of the Company, and the Eastern Division and home office head- quarters employees. The Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED American Communications Association is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Telegraph Employees Federation of New York is a labor organi- zation affiliated with the American Federation of Labor, admitting to membership employees of the Company. Telegraph Employees Federation of New Jersey is a labor organi- zation affiliated with the American Federation of Labor, admitting to membership employees at the Newark, New Jersey, office of the Company. The Communications Guild is an unaffiliated labor organization admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION The Company refuses to recognize any of the organizations in- volved until such time as the Board determines the bargaining rep- resentatives of its employees. A stipulation of the labor organiza- tions, entered into during the hearing, states that each of the labor organizations involved represents a substantial number of employees in each of the alleged appropriate units. The Company stated that it had no objection to this stipulation. THE WESTERN UNION TELEGRAPH COMPANY 291 We find that questions have arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Company described in Section I above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNITS The Company has divided the entire country into six divisions for operating purposes.2 One of the six divisions is classified by the Company as the Metropolitan Division. New York City, Long Island, and a small area on the New Jersey side of the Hudson River consti- tute that division. The Metropolitan Division is the Company's operating unit within its geographical confines, and is actually en- gaged in the receiving and transmission of messages. The principal home 'offices of the Company, which service all divisions throughout the country, are also located in New York, as are the divisional head- quarters of the Eastern Division, which is the administrative unit for the Company's Eastern Division, which covers several States, not including territory covered by the Metropolitan Division. The cable department of the Company is also located in New York City. The Federation contends that all employees working within the geographical limits of New York City and Long Island constitute an appropriate unit. This unit would include Eastern Division head- quarters employees, cable department employees, and home office em- ployees working in New York City, but would exclude Metropolitan Division employees working in New Jersey. The A. C. A. urges that all employees in the Metropolitan Division of the Company, and East- ern Division employees whose work is functionally connected with that of the Metropolitan Division employees, excluding Metropolitan Division employees at Newark, New Jersey, constitute an appropriate unit. This unit would exclude all home office employees and Eastern Division employees whose work is not functionally connected with the Metropolitan Division. The Guild requested that all employees in the Metropolitan Division and home office and Eastern Division headquarters employees working in New York City, excluding Metro- politan Division employees at Newark, be set up as a separate unit. 'These divisions are Eastern , Metropolitan , Southern , Gulf, Lake, and Pacific. 292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Company suggested that the unit be limited to all employees v orlcing within the geographical area of New York City and Long Island. As stated above, the Company has divided its operations into divi- sions for operating purposes., Within these divisions the employees perform closely related functions coordinated through divisional man- agement. Matters of vital employee' interest' such as seniority are handled on a divisional basis. The Company maintains a policy of seniority which operates on a division-wide basis. Thus for example, a Metropolitan Division employee with 2 years seniority standing in the Division, although working in the section of the Division located in New Jersey, has seniority rights within that Division superior to those of an Eastern Division employee with 5 years seniority stand- ing on, the Eastern Division pay roll, although that employee may be working in New York City. None of the bargaining units urged by any of the labor organizations involved herein is strictly on a di- visional basis and none follows the organizational set-up of the Company. On the contrary, the proposed units cut across di- visional lines in favor of more closely knit geographical units. In view of the community of interest existing among divisional employees in the essential subject matters of collective bargain- ing, we are of the opinion upon this record that collective bar- gaining will be both facilitated and more effective if the bargaining units follow the pattern of the employer's organizational and opera- tional divisions. We' conclude, then, that in this case the purposes of the Act can best be effectuated by establishing bargaining units 3 which will conform to the Company's operational units. Accord- ingly, we reject the contentions of the labor organizations that Eastern Division employees working in New York City 4 should be included in a bargaining unit with employees of the Metropolitan Division. Nor will we establish at this time a separate unit of Eastern Division headquarters employees in New York City, inasmuch as such em- ployees constitute only part of an integrated operating unit of the Company's business and since it appears that employees attached to the Eastern Division headquarters who, spend a majority of their time outside of New York City perform similar work. In accordance with the policy heretofore stated, we find that a unit of employees limited to the Metropolitan Division of the Com- pany is appropriate for the purposes of collective bargaining. 3 No unit findings made herein shall preclude a later ,redetermination of the appropriate bargaining unit or units when self -organization has been further extended among employees of the Company 4 As previously noted, none of the labor organizations here involved petitioned to repre- sent any Eastern Division employees who spend a majority of their time outside the geographical confines of New York City , Long Island, and parts of New Jersey The Eastern Division covers 11 States THE WESTERN UNION TELEGRAPH COMPANY 293 Likewise, we shall set up the employees in the home offices of the Company as a separate bargaining unit inasmuch as they are a homogeneous operational unit of the Company and the work of the employees in those offices relates equally to the Company's entire system and is therefore not closely integrated with that of the em- ployees in the Eastern or Metropolitan Division. The Company maintains a cable department in New York City. The A. C. A. asks and the Company suggests that the employees in this department be set up as a separate appropriate bargaining unit. The Federation requests that such employees be included in the geo- graphical unit urged by it to be appropriate. The Guild took no position with respect to these employees. The cable department, is operated by the Company as a separate entity and is not a part of either its Eastern or Metropolitan Divisions. There is no inter- change of employees between the cable department and any of the Company's domestic departments. Cable employees are paid on a much higher wage scale than the domestic employees. A separate, system of seniority operates solely among these employees. In view of these facts, and the desirability of bargaining units coextensive with the Company's operational set-up, we find that employees in the cable department constitute a separate appropriate bargaining unit. The Company maintains a repair shop and,a warehouse at Jersey City, New Jersey: The A. C. A. originally asked that the repair shop and warehouse be set up as a single appropriate unit but at the hear- ing requested that the employees in these two departments be found a part of the larger unit requested by it. The Guild also asked that these employees be grouped with the employees in the Metropolitan Division. The Federation contended that such employees should be set up as a separate unit. The A. C. A. took the further position that if the Board found that such employees are not appropriately a part of the larger unit urged by it, they should then be set up as a separate unit. The repair shop and the warehouse are neither a part of the Metropolitan nor the Eastern Divisions. The superintendent of each is directly responsible to a supervisory employee at the home office of the Company. We therefore conclude that the employees in these two operations should not be included with employees of either the Metropolitan or Eastern Division. Nor do we believe that the ware- house and the repair shop should be combined in a single separate unit for bargaining purposes. They are not connected functionally ,in any respect which is material at this stage of self-organization among employees of the Company. The repair shop is the only shop of its type maintained by the Company in the nation and it services offices of the Company throughout the country. The warehouse is 294, DECISIONS OF NATIONAL LABOR RELATIONS BOARD maintained by the Company for use of all its offices throughout the country: The seniority of employees in the warehouse does not govern in the repair shop and vice versa. Accordingly, we find that the employees in the repair shop and the employees in the warehouse constitute two separate appropriate bargaining units. The T. E. F. of N. J. urges that all employees at the metropolitan Newark, New Jersey, office of the Company constitute a separate bargaining unit. None of the other organizations involved contested this request. The metropolitan Newark office is a divisional office of the Company with three departments-traffic, commercial, and plant. The traffic department employees at Newark are a part of the Metro- politan Division and are carried by the Company on the pay roll of that Division. Thus, we shall exclude such employees from the metro- politan Newark unit inasmuch as they are part of the Metropolitan Division of the Company and their seniority is effective within that unit. Questions arose at the hearing concerning the exclusion of certain supervisory and other employees from the appropriate units. We shall consider these exclusions by departments.' Home o fices All parties agreed to exclude the employees listed in Appendix A because of their supervisory or confidential duties. We see no reason to depart from the desires of the parties in this regard and we shall exclude these persons from the home offices unit. Night Dispatchers and Assistant Dispatchers: The Guild and the A. C. A. urge and the Company suggests that these employees be ex- cluded from the unit and the Federation asks that they be included. These employees direct the operations of the repeater men through- out the Eastern States of the country. They exercise the authority of the vice president's office and a representative of the Company testi- fied that "their,word is law" with respect to the movement of em- ployees. We shall exclude these employees from the unit. Engineering Assistants: The Company employs eight engineering assistants, three of whom have subordinates working under them. The A. C. A. and the Company request that all these employees be excluded from the unit. The Federation requests that the three employees having subordinates be excluded but that the others be included. The Guild took no position with respect to these em- ployees. The engineering assistants direct the setting up of equip- ment in company offices throughout the nation and at times carry 5 It is not necessary to discuss the disputed classifications among the Eastern Division employees inasmuch as we are not finding them to be a part of any unit. THE WESTERN UNION TELEGRAPH COMPANY 295 on confidential investigations at the direction of a vice president. We shall exclude engineering assistants from the unit. Supervisory Assistants : The A. C. A. and the Guild urge and the Company suggests that these employees be excluded 'from the unit- and the Federation asks that they be included.: These persons travel throughout the country and check to see whether operating instruc- tions are being adhered to in the various offices of the Company. They submit reports to a vice president of the Company as to the state of existing affairs in various offices . _A representative of the Company testified that these employees form an integral part of the supervisory functions of the vice president 's office. We shall exclude supervisory assistants from the unit. Lewis, Heckler and Keuhler: The A. C. A. requests and the Com- pany suggests that these employees be excluded from the unit , and the Federation that they be included. The Guild took no position. These employees take dictation from a vice president of the Com- pany with respect to confidential matters and have access to con- fidential records of the Company . We shall exclude them from the unit. We find that all employees in the home offices of the Company, excluding employees listed in Appendix A, night dispatchers and assistant dispatchers, engineering assistants , supervisory assistants, Lewis, Heckler, and Keuhler, constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise' will effectuate the policies of the Act. Metropolitan Division All pasties agreed to exclude employees listed in Appendix B on the ground that they are supervisory or confidential employees. We see no reason to depart from the desires of the parties as to these exclusions. We shall exclude these persons from the unit. Section Automatic Chiefs: The A. C. A. requested and the Com- pany suggested that these employees be excluded from the unit, and the Guild asked that they be included. The Federation took no position. These employees are in charge of various sections in their departments and have from 10 to 15 people working under them. They receive from $25 to $35 more per month than their subordinates, and they are consulted by the Company with respect to increases in pay for their subordinates. We shall exclude section automatic chiefs from the unit. Supervisors : The Company has employees designated by it as automatic, teleprinter, telephone, morse, routin, and C. & D. super- :n 296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD visors. The A. C. A. asks that these employees be excluded from the unit and the Guild and the Federation that they be included. The Company took no position. All these employees have sub- stantially the same degree of authority. Each has from seven to eight persons working under him, assigns and distributes work, and grades employees. They earn approximately $15 a month more than the persons who work under them. We shall exclude these employees from the unit. Chief Instructor in Charge of School: The A. C. A. and the Com- pany asked that this employee be excluded from the unit. The Guild and the Federation took no position. This employee is in charge of the Company's training school for automatic and teleprinter oper- ators, grades students, and recommends them for employment. We shall exclude this employee from the unit. Monitors: The A. C. A., the Guild, and the Company ask that these employees be excluded from the unit and the Federation that they be included. Monitors check the accuracy of individual oper- ators and report errors to the Company. Any disciplinary action taken by the Company is based upon-these reports. We shall exclude the monitors from the unit. Cleric in charge of Supplies and Requisitions: The A. C. A. and the Company ask that this employee be excluded and the Federation that he be included in the unit. The Guild took no position. This person examines requisitions for supplies for the Metropolitan Divi- sion. He has no subordinates. We shall include this employee in the unit. Clerk in charge of Sales Department: The A. C. A. and the Guild ask and the Company suggests that this employee be excluded from the unit. The Federation requests that he be included. This per- son is in charge of sales in the Metropolitan Division of the Com- pany and investigates the efficiency, proficiency, and productivity of .various people in respect to sales and submits reports based upon his findings. We shall exclude him from the unit. Clerk in Sales Department: The Company has an employee in this department named Friedman whom it designates as a clerk. It suggests that this employee. be excluded from the unit. None of the labor organizations took any position with respect to him. The Company contends that this employee is confidential in that he participates in conferences dealing with company policy. Under these circumstances, we shall exclude him from the unit. Assistant to Manager in Cleaning Department: The A. C. A. and the Guild request and the Company suggests that this employee be excluded from the unit and the Federation that he be included. All THE WESTERN UNION TELEGRAPH COMPANY 29 i parties have agreed to exclude the manager in the cleaning depart- ment. The employee in question acts for the manager during his absence and always makes recommendations with respect to perform- ance of work by employees in the cleaning department. We shall exclude the assistant to manager in the cleaning department from the unit. ' Personal Service, Commercial, and Cable Representatives: The Company suggests that these employees be excluded from the unit. All the labor organizations ask that these persons be included. These persons check on the work of employees with respect to customer relationships and have the duty of reporting any inefficiency on the part of such employees with respect to their contacts with customers. We shall exclude them from the unit. Clerks in Charge of Pay Rolls: The A. C. A. and the Company ask that these persons be excluded from the unit, and the Guild and the Federation that they be included. It appears that these persons are considered confidential by the Company because they have access to confidential pay-roll records. We shall exclude such persons from the unit. Night Managers: The Federation and the Guild ask and the Com- pany suggests that they be excluded from the unit, and the A. C. A. requests that they be included. These employees act in place of the superintendent during their tour of duty. They are consulted with respect to any question that might arise at night. Although they do not have authority to hire or discharge, they are consulted by the Company in the event that grievances have to be adjusted in behalf of night employees. We shall exclude the night managers from the unit. Messengers: All the parties take the position that regular messen- gers should be included in the unit. However, the Company and the Guild suggest that messengers who have been in the employ of the Company for a period of 3 months should be denied the right to vote in an election. We believe that the interests of the messengers with respect to wages, hours, and other conditions of employment will best be protected by, their inclusion with other employees in the unit. We shall, therefore, include the regular. messengers in the unit.° . Temporary Employees: All the labor organizations urge that such employees be excluded from the unit. The Company took no posi- tion. Such employees are hired for the performance of specific tasks with the knowledge that their work is to be temporary. Under ° ifatter of The Western ,Union Telegraph Company and Telegraph Worlers Indepeule l Union, et at, 36 N. L R B 812 298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD these circumstances, we shall exclude temporary employees from the unit.? Cafeteria Employees: The A. C. A. and the Guild urged that the cafeteria employees be included in the unit and the Federation that they be excluded. The Company took no position with respect to these employees. In 1940 the,Board certified the C. T. U. as the exclusive representative of the cafeteria employees. Thereafter the Company and the C. T. U. entered into an exclusive bargaining con- tract covering such employees. This contract expired the latter part of December 1941, after the commencement of this proceeding. It appears that neither the A. C. A. nor the Guild have any substantial representation among the cafeteria employees. In view of our prior certification and the lack of showing by the A. C. A. and the Guild we find that cafeteria employees should be excluded from the unit. We find that all employees in the Metropolitan Division of the Company, including messengers and the clerk in charge of supplies and requisitions, but excluding employees listed in Appendix B, sec- tion automatic chiefs, supervisors, chief instructor in charge of school, monitors, clerk in sales department, clerk in charge of sales department, assistant to manager in cleaning department, personal service, commercial and cable representatives, clerks in charge of pay rolls, night managers, and cafeteria employees, constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to employees of the Company the full benefit of their right to self -organization and to collective bargaining and other- wise will effectuate the policies of the Act. New York repair shop All parties agreeing, we shall exclude from the repair-shop unit the general foreman, assistant general foreman, assistant to general foreman, shop foremen, chief inspector, and confidential clerk, be- cause of their supervisory or confidential duties., We find that all employees at the New York Repair Shop of the Company, excluding the general foreman, assistant general fore- man, assistant to general foreman, shop foremen, chief inspector, and confidential clerk, constitute a unit appropriate for the purposes of collective bargaining, and that such unit will insure to the em- ployees of the Company the full benefit of their right to self -organi- zation and to collective bargaining and otherwise will effectuate the policies of the Act. 7 We do not mean to exclude by this paragraph probational employees It appears that the Company hires most of its employees on a probational basis and they are not considered by it as temporary employees. It is the Company's intention to retain such employees on its pay rolls after their probational period we find that probational employees are entitled to participate in the determination of representatives. THE WESTERN UNION TELEGRAPH COMPANY 299 Jersey City 11'arehonse All parties agreeing, we shall exclude from the warehouse unit employees listed in Appendix C because of their supervisory or con- fidential duties. We find that- all employees at the Jersey City _warehouse of the Company, excluding employees listed in Appendix C, constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the *Act. Cable Department All parties agreeing, we shall exclude employees listed in Ap- pendix D from the unit because of their supervisory duties. We find that all employees in the cable department of, the Com- pany, excluding employees listed in Appendix D, constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. Newark As stated above, we shall exclude the traffic-department employees at-Newark from the unit inasmuch as they are in the Metropolitan Division of the Company. The Company and the T. E. F. of N. J. are in disagreement as to the following classification of employees. The T. E. F. of N. J. asks that they be included in the unit and the Company suggests that they be excluded. Cashiers: These persons are responsible for Company funds in the city of Newark and have access to confidential financial records, including pay rolls, of the Company. We shall exclude them from the unit. Night Manager and Late Night Manager: These employees have jurisdiction over the main and branch offices in the metropolitan Newark area during their tours of duty. Although they do not have the authority to hire or discharge, they make recommendations with respect to hiring and discharging, and the Company gives consider- able weight to them. We shall exclude the night manager and late night manager from the unit. Clerk in Charge of Distribution Activities: This person is in charge of the distribution of all special items in the metropolitan Newark area. He employs and' discharges special messengers used for distribution work. We shall exclude him from the unit. 300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Clerk in Charge of Messenger Personnel: This employee inter- vie-,wws messengers, checks their applications, and actually puts them to work. We shall exclude him from the unit. Soliciting Branch Managers: The parties agree that regular branch managers should be included in the unit but the Company takes the position that soliciting branch managers be excluded because they are engaged in sales promotion work in addition to their regular duties. We have included them in similar divisional office units and see no reason for excluding them in this case. We find that soliciting branch managers should be included in the unit. Managers of Suburban Offices: These employees have the authority to hire and discharge messengers but have no such authority with respect to other employees. We find that these employees should be included in the unit. Messengers: The Company took the same position in regard to messengers as outlined above in the Metropolitan Division unit. For the reasons indicated therein, we shall include the messengers in the unit. We find that all employees in the metropolitan Newark office of the Company, including messengers, soliciting branch managers, and managers of suburban offices, but excluding employees who are part of the Metropolitan Division of the Company.ancl employees listed in Appendix E,8 constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of. the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the questions concerning representation which have arisen can best be resolved by the holding of elections by secret ballot. The Guild stated that in the event the Board directed separate elections among the Cable Department employees or the employees at the metropolitan Newark offices it-did not desire to appear upon the ballots in those elections. The Federation stated that it did not desire to appear upon the ballot in the election among employees in the metropolitan Newark unit. Our Direction, hereinafter- will be set up in accord with the above-stated requests. We shall direct that the employees of the Company eligible to vote in the elections shall be those in the appropriate units who were employed during the pay-roll period immediately preceding the 8Appendix E contains the classifications we ha\e found above should be excluded from the metropolitan Newark unit. THE WESTERN UNION TELEGRAPH COMPANY 301 date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. Questions affecting commerce have arisen concerning the repre- sentation of employees of The Western Union Telegraph Company, within 'the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All employees in the home office of the Company, excluding em- ployees listed in Appendix A, night dispatchers and assistant dispatch- ers, engineeruig assistants, supervisory assistants, Lewis, Heckler, and Keuhler, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 3. All employees, in the Metropolitan Division of the Coinpany, including messengers and the clerk ih charge of supplies and requi- sitions, but excluding employees_ listed in Appendix -B, section auto- matic chiefs, supervisors, chief instructor in charge of school, moni- tors, clerk in sales department, clerk in charge of sales department, assistant to manager in cleaning department, personal' service, cone inertial, and cable representatives, clerks in charge of pay rolls, night managers, and cafeteria employees, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 4. All employees at the New York repair shop of the Company, excluding the general foreman, assistant general foreman, assistants to general foreman, shop foremen, chief inspector, and confidential clerk, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 5. All employees at the Jersey City warehouse of the Company, excluding employees listed in Appendix C, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning of Section 9, (b) of the Act. . 6. All employees in the Cable Department of the Company, ex- chiding employees listed in Appendix D, constitute a emit appropriate for the purposes of collective 'bargaining, within the meaning of Section 9 (b) of the Act. 7. All employees in the metropolitan Newark offices of the Com- pany, including messengers, soliciting branch managers and managers of suburban offices, but excluding employees who are part of the Metropolitan Division of the Company and employees listed in Ap- pendix E, constitute a unit appropriate for the purposes of collec- tive`bargaining, within the- nmeaning of Section 9 (b) of the Act. 302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTIONS 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, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with The Western Union Telegraph Company, elections by secret ballot shall be conducted as soon as possible, but not later than thirty (30) clays from the date of this Direction , under the direction and supervision of the Regional Director for the Second Region, ' acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among : 1. All employees in the home offices of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding employees listed in Appendix A, night dis- patchers and assistant dispatchers , engineering assistants , supervisory assistants, Lewis, Heckler, Keuhler, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Telegraph Employees Federation of New York, affiliated with the American Federation of Labor, or by American Communications Association , affiliated with the Congress of Indus- trial Organizations, or by The Communications Guild , for the pur- poses of collective bargaining , or by none of said organizations. 2. All employees in the Metropolitan Division of the Company who were employed during the pay-roll period immediately pre- ceding the date of this Direction , including messengers, the clerk in charge of supplies and requisitions, and employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding employees listed in Appendix B, section automatic chief, supervisors, chief instructor in charge oI school, monitors, clerk in sales department, clerk in charge of sales department, assistant to manager in cleaning department, personal service, commercial, and cable representatives, clerks in charge of pay rolls, night managers, cafeteria employees , and employees who have since quit or been discharged for cause , to determine whether they desire to be represented by Telegraph Employees Federation of New York, affiliated with the American Federation of Labor, or by THE WESTERN UNION TELEGRAPH COMPANY 303 American Communications Association, affiliated with the Congress of Industrial Organizations, or by The Communications Guild, for the purposes of collective bargaining, or by none of said organizations. 3. All employees at the New York repair shop of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not, work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding the general foreman, assistant general foreman, assistant to general foreman, shop foremen, chief inspector, confidential clerk, and employees who have since quit or been discharged for cause, to determine whether they desire to be rep- resented by Telegraph Employees Federation of New York, affiliated with the American Federation of Labor, or by American Communi' cations Association, affiliated with the Congress of Industrial Organ- izations, or by The Communications Guild, for the purposes of col- lective bargaining, or by none of said organizations. 4. All employees at the Jersey City warehouse of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States,, or tem- porarily laid off, but excluding employees listed in Appendix C and employees who have since quit or been discharged for cause, to deter- mine whether they desire to be represented by Telegraph Employees Federation of New York, affiliated with the American Federation of Labor, or by American Communications Association, affiliated with the Congress of Industrial Organizations, or by The, Communications Guild, for the purposes of collective bargaining, or by none of said organizations. 5. All employees in the cable department of the Company- who were employed, during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill-or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding employees listed in Appendix D and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by American Communications Associa- tion, affiliated with the Congress of Industrial Organizations, or by Telegraph Employees Federation of New York, affiliated with the American Federation of Labor, for the purposes of collective bar- gaining, or by neither. _ 6. All employees in the metropolitan Newark offices of the Com- pany who were employed during the pay-roll period immediately 448105-42-vol. 39-21 304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD preceding the date of this Direction, including messengers, soliciting branch managers , managers of suburban offices, and employees who did not work during such pay-roll period because they were. ill or on vacation or in the active military, service or training of the United States, or temporarily laid off, but excluding employees who are part_ of the Metropolitan Division of the Company , employees listed in Appendix E, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Telegraph Employees Federation of New Jersey, affiliated with the American Federation of Labor, or by American Communications Association , affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither. CHAIRMAN MILLis took no part in the consideration of the above Decision and Direction of Elections. APPENDIX A HOME OFFICES Traffic Department General Office Vice President General Supervisor of Traffic Operation General Cable Supervisor - General Cable Electrician Circuit Layout & Routing Engineer General Supervisor of Traffic Engineering General Supervisor of Wire Service Chief Clerk General Supervisor of Employment General Traffic Supervisors Traffic Accountant Office Layout Engineer - General Inspectors Printing Supervisor Traffic Studies Engineer Assistant Chief Clerk Dispatchers Miss A. W. Tuttle-stenographer -Commercial Department Office of First Vice President : First Vice President Assistant Vice President Assistants to Vice President THE WESTERN UNION TELEGRAPH COMPANY - 305 General Sales Manager General Sales Representative Superintendent of Tariff Bureau Assistant Superintendent of Tariff Bureau. General Superintendent of CND Assistant to General Superintendent of CND United States Cable Manager Manager Cable Bureau Manager Money Order and Time Services Advertising Manager General Supervisor of Stationery and Supplies Secretary to First Vice President Secretary to Assistant Vice President Secretary to General Superintendent of CND Supervisory Clerks Cable Bureau Supervisory Clerk Operation and Personnel Supervisory Clerk Leased Wires, Facilities, Etc. Supervisory Clerk Sales - Supervisory Clerks Accounting and Statistical Supervisory Clerks Terminal Handlings Supervisory Clerks Advertising, Publicity, Etc. Supervisory Clerks Tariffs Supervisors Stenographic Bureau Supervisor, Files Director of Personal Service and Customer-Employee Relations Vice President-Plant : Vice President General Supervisor of Plant Methods General Supervisor of Lines General Supervisor of Equipment General Supervisor of Buildings General Supervisor of Time & Msgr. Svce. General Supervisor of Ticker Service Chief Clerk _ Secretary Supervisors Inspector Engineering Assistant General Headquarters : Comptroller Assistant Comptroller Secretaries (confidential stenographers) Chief Division Auditor Supervisors Secretary (confidential stenographer) 306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Confidential Clerks (confidential work closely related to manage= ment) Auditor of Cables Supervisor of Disbursements Supervisor of Revenues Confidential Stenographers General Supervisor of Methods Supervisors of Systems and Methods Confidential Stenographer Statistician Assistant to Statistician Wage and Hour Statistician Mathematician and Actuary Assistant to Statistician on Special Assignments, including Reports to Stockholders, etc. Confidential Statistical Clerks Confidential Secretaries and Stenographers a Confidential File Clerks Confidential Statistical Draftsmen Confidential Calculating Operator Auditor of Land Lines Chief Clerk'; Secretary to Auditor of Land Lines, also Secretary to Chief Clerk General Books Supervisor Plant Accounting Supervisor Tax Supervisor Voucher Supervisor Transportation Supervisor Authorization Clerks Office Service Supervisor Stenographic and Typing Supervisor Duplicating Supervisor Purchasing and Stores Department General Office : General Purchasing Agent Secretary Assistant General Purchasing Agent Buyers Chief Clerk Superintendent of Stores Secretary -Supply Supervisors Transportation Supervisor Systems and Methods Supervisor THE WESTERN UNION TELEGRAPH COMPANY 307 Engineering Department Vice President Central Office Engineer Engineer of Electronics Assistant Central Office Engineer Assistant Engineer of Electronics Assistant to' Central Office En- Assistant to Engineer of Elec- gineer tronics Engineer of Lines Plant Engineer Assistant Engineer of Lines Assistant Plant Engineer Assistant to Engineer of Lines Assistant to Plant Engineer Valuation Engineer Engineer of Automatics Assistant Valuation Engineer Assistant Engineer of Automatics Transmission Engineer Assistant to Engineer of Auto- Assistant Transmission Engineer matics Assistant to Transmission Engi- New Methods Engineer neer Development Engineer Ocean Cable Engineer Assistant Development Engineer Assistant Ocean Cable Engineer Assistant to Development Engi- Chief Clerk neer Personnel Director Equipment Engineer Supervisor Assistant Equipment Engineer Secretary to Vice President Assistant to Equipment Engineer Chief Material Inspector Treasurer's Department Treasurer and Assistant Treasurers Supervisor, Audit and Control Bureau Supervisor, field bank accounts Cashier Teller Supervisor, stock transfers, dividends and bond interest payments Supervisor, Stenographic Bureau Confidential clerks Public Relations and Contract Department Public Relations and Contracts : Vice President Secretary to Vice President Public Relations Department : Assistant to Vice President Publicity Director Chief Clerk Contract Department : General Contract Manager Statistician Chief Clerk 308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Executive Department : Confidential Secretary Confidential Clerk Librarian Legal Department : All employees Industrial Relations Department : All employees APPENDIX B METROPOLITAN DIVISION New York Main Office and Branches Traffic Managers - Chief Operators Night Traffic Managers Night Chief Operators Assistant Traffic Managers Assistant Chief Operators T & R Chief Wire Chief Repeater Chief- Night Repeater Chiefs Night T & R Chiefs Automatic Chiefs Night Automatic Chiefs Teleprinter Chief Section Teleprinter Chiefs Section Supervisors Senior Supervisors Unit Supervisors Employment Supervisor Instructor (Chief Instructor in charge of school) Two confidential clerks to Traffic Manager General Confidential Clerk to Night Traf- fic Manager Confidential Clerk to A. T. M. Teleprinter Automatic Supervisor (Confiden- tial to A. T. M. Auto.) Confidential Clerk to- Traffic Manager CD Office Nurse (Nurse in Charge) Route Supervisor D. & A. CD Office - Route Supervisor Distribution -CD Office Service Supervisor CD Office Manager-Supervisor - New York Times Manager-Supervisor-New York Tribune Manager-Supervisor-I. N. S. Manager-Supervisor-U. P. Manager-Supervisor-A. P. Clerical Supervisor "Other employment" employees Manager's O ffiee General Manager Chief Clerk Division Sales Manager Division Sales --Representative Division Commercial Managers Division Cable Manager General Manager's Private Sec- retary Division Personnel Service Rep- resentative Clerk in charge of Sick Benefits Clerk in charge of Operations Clerk in charge- of Terminal handlings Clerk in charge of Statistics THE - `VESTERN UNION TELEGRAPH COMPANY Clerk in charge of Stenographic Bureau Clerk - in charge of Messenger Personnel Clerk in charge of Errand Serv- ice Section Clerk in charge of Messenger dis- patching Clerk in charge of Commercial Service Division Cashier Clerk in charge of Disbursements First District: District Superintendent Secretary to Superintendent Chief Clerk. District Sales Manager District Managers Second District : District Superintendent Secretary to Superintendent Chief Clerk - District Sales Manager District Managers third District : District Superintendent Secretary to Superintendent Chief Clerk District Sales Manager -District Managers Fourth District: District Superintendent Secretary to Superintendent Chief Clerk District Sales Manager District Managers - 309 Manager of Credits & Collections Clerks in charge of Credit & Col- lection sections Clerks in charge of Mail Bureau Manager in charge of Cleaning Department - Clerk in charge of Assignments Messenger Clerk in charge of Branch Office Relief Assignments Clerk in charge of Messenger De- partment Traffic Department Division Traffic Superintendent's Office : Division Traffic Superintendent Division Traffic Engineer Division Traffic Supervisors Division'T & R Chief 310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Chief Clerk Division Traffic Inspector Confidential Clerks Confidential Stenographer Senior Supervisor (Traffic and Force) Restaurant Manager Assistant 'Restaurant Manager Newark Traffic Department : Chief Operator Night Chief Operator APPENDIX C Jersey City Warehouse Warehouse Manager Stock Supervisor Service Supervisor Transportation Supervisor Chief Clerk Local Buyer Cashier Confidential Stenographer Warehouse Foreman Head Storemen . APPENDIX D Cable Department Pompliano, senior cable supervisor Toomey, senior cable supervisor Bundey, cable supervisor Record, cable supervisor Lydon, cable supervisor Smith, senior cable supervisor Sharman, cable supervisor Hershberg, cable supervisor Wiseman, senior cable supervisor Fives, cable supervisor Harkins, assistant cable supervisor Dooher; route supervisor Sauer, route supervisor Kerley, route supervisor Dullea, route supervisor , Till, senior telephone supervisor Petersen, telephone supervisor Langlois, telephone supervisor Gjetting, senior service supervisor Lloyd, assistant senior service supervisor Johnson, service supervisor Whelan, service supervisor Teichmann, service supervisor Helpin, service supervisor Nielsen, equipment chief Miller, station electrician APPENDIX E Metropolitan Newark O fces Commercial Department: Superintendent Chief Clerk THE WESTERN UNION TELEGRAPH COMPANY 311 Sales Manager Delivery Manager Chief Delivery Clerk Cashier . - Night Manager Late Night Manager Superintendent's Private Secretary Clerk in charge of Distribution Activities Clerk in charge of Messenger Personnel Plant Department : City Foreman In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and THE COMDIUNICATIONs GUILD In the Matter of TIIE WESTERN UNION TELEGRAPH COMPANY and TELEGRAPH EMPLOYEES FEDERATION OF NEW YORK (A. F. OF L.) In the Matter of THE WESTERN UNIoN TELEGRAPH COMPANY and AMERICAN COMMUNICATIONS ASSOCIATION ( C. I. 0. In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and AMERICAN COMMUNICATIONS ASSOCIATION, LOCAL 2 ,In the Matter of TIIE WESTERN UNION TELEGRAPH COMPANY and TELEGRAPH EMPLOYEES FEDERATII N OF NEW JERSEY ( AFFILIATED WITH THE A. F. OF L.) In the Matter of THE WESTERN UN iON TELEGRAPH COMPANY and AMERICAN COMMQNIC %TIONS ASSOCIATION Cases Nos. R-3357 to R-3361, inclusive, respectively and R-3392 AMENDMENT TO DIRECTION OF ELECTIONS March 9, 1942 - On February 28, 1942, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above entitled proceedings.' The Board, having been advised that The Communications Guild does not desire to appear upon the ballots in the elections, hereby amends paragraph 1 of its Direction of Elections by striking there- from the words "or by The Communications Guild, for the purposes of collective bargaining, or by none of said organizations" and sub- stituting therefor the words "for the purposes of collective bargain- ing, or by neither"; 'by striking from paragraph 2 the words "or by The Communications Guild, for the purposes of collective bargaining, or by none of said organizations" and substituting therefor the Words "for the purposes of collective_ bargaining, or by neither"; by striking from paragraph 3 the words "or by The Communications Guild, for the purposes of collective bargaining, or by none of said organiza- tions" and substituting therefor the words "for the purposes of col- lective bargaining, or by neither"; and by striking from paragraph 4 the words "or by The Communications Guild, for the purposes of collective bargaining, or by none of said organizations" and substi- tuting therefor the words "for the purposes of collective bargaining, or by neither." 1 39 N L R. B. 287 39 N. L.R.B,No 53a. 312 In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and THE COMMUNICATIONS GUILD In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and TELEGRAPH EMPLOYEES FEDERATION OF NEW YORK (A. F. OF L.) In the Matter of. THE WESTERN UNION TELEGRAPH COMPANY and AMERICAN COMMUNICATIONS ASSOCIATION (C. I. 0.) In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and AMERICAN COMMUNICATIONS'ASSOCIATION, LOCAL 2 In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and TELEGRAPH EMPLOYEES FEDERATION OF NEW JERSEY (AFFILIATED WITH THE A. F. of L.) In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and AMERICAN COMMUNICATIONS ASSOCIATION Cases Nos. R-3357 to R-3361, inclusive, respectively, and R-3392 AMENDMENT TO DECISION AND DIRECTION OF ELECTION March 21, 1942 On February 28, 1942, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the, above-entitled proceeding.' On March 9, 1942, the Board issued an Amendment to Direction of Elections.2 During the hearing, the parties stipulated to exclude 10 named employees from the Cable Department whom the Board did not specifically mention in its Decision , and on March 17, 1942, all the parties entered into a stipulation agreeing to exclude other confiden- tial or supervisory employees not mentioned in the record. The Board hereby amends its Decision by adding to Appendix A the following : Medical Director Secretary to Medical Director Lazzarie 139 N. L. R. B. 287. 2 39 N. L. R. B. 312. 39 N. L. R. B., No. 53b. 313 314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD All employees in executive department All employees in public relations and-contracts department All employees in Employees Benefit Fund department E. M. Hering M. C. Reese V. R. Carroll G. Rhoderick G. Hill E. Swanson B. Hylan A. E. Depperman E. A. Looney H. G. Keyser J. J. Finnegan T. H.- Warren By adding to Appendix B the following: News Chief B. Zucker F. Bucherati A. R. Wilcox Adelaide DiMonarco S. J. Britt Edith Case Sigrid Dahl Alma Gardner Anna Krause Florence Jacobi Doretta Viering Charlotte Bekel Annie Horscroft John W. Bush By adding to Appendix D the following : Superintendent in charge of Cable Operations M. Devlin, clerk-stenographer Kanoff, clerk to Division Cable Manager Charles Ludlum C. Andrews G. Manson Raymond W. Norman Paul L. Morel T. F. Foley C. T. J. Willis H. F. Phalon D. J. Gilvey R. L. Tierney