The Western and Southern Life Insurance Co.

In the Matter of THE WESTERN AND SOUTHERN LIFE INSURANCE COM- PANY and AMERICAN FEDERATION OF INDUSTRIAL AND ORDINARY IN- SURANCE AGENTS' UNION #23230 (AFL), CLEVELAND, OHIO In the Matter of THE WESTERN AND SOUTHERN LIFE INSURANCE COM- PANY and AMERICAN FEDERATION OF INDUSTRIAL AND ORDINARY IN- SURANCE AGENTS' UNION #23247 (AFL), NEWARK, OHIO In the Matter of THE WESTERN AND SOUTHERN LIFE INSURANCE COM- PANY and AMERICAN FEDERATION OF INDUSTRIAL AND ORDINARY IN- SURANCE AGENTS' UNION #23286 (AFL), ZANESVILLE, OHIO Cases Nos. R-4892 Through R-1894, respectively.Decided March 11, 1913 Jurisdiction : life insurance industry. Investigation and Certification of Representatives : existence of question : failure to answer union's letter requesting recognition; election necessary. Unit Appropriate for Collective Bargaining : industrial agents employed at each of 3 district offices of the Company, including their respective subdistrict officers, but excluding in each instance office clerks, cashiers, managers, assistant managers, and ether supervisory employees ; no controversy as to. Messrs. Max W. Johnston, John A. Hull, Jr., and John R. Hill, for the Board. Mr. George L. Russ, of Washington, D. C., and.Mr. John L. Mc- Carthy, of Lakewood, Ohio, for the Union. Mr. Robert Silagi, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petitions duly filed by American Federation of Industrial and Ordinary Insurance Agents' Union #23230 (AFL), Cleveland, Ohio; American Federation of Industrial and Ordinary Insurance Agents' Union .^*23247 (AFL), Newark, Ohio; and American Fed- eration of Industria; and Ordinary Insurance Agents' Union #23286 (AFL), Zanesville, Oh(,' herein collectively called the Union, each alleging that a question affecting commerce had arisen concerning the representation of employs es of The Western and Southern Life Insurance Company, herein caliccl the Company, at its district offices 1 The Union's name appears herein as it was as tended at the hearing. 48 N. L. R. B., No. 6. 23 24 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in Cleveland, Newark, and Zanesville, Ohio, respectively, the National Labor Relations Board provided for an appropriate hearing upon due notice before Charles E. Persons, Trial Examiner. Said hearing was held at Cleveland, Ohio, on February 15 and 16, 1943.. Although duly served with notice, the Company did not appear at the hearing. The Union appeared, participated, and all parties were afforded full opportunity to be heard, , to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Western and Southern Life Insurance Company is an Ohio corporation. It maintains its home office and principal place of business in Cincinnati, Ohio. The Company is engaged in eight States in the business of issuing both ordinary and industrial life insurance. Subject to the supervision of its Board of Directors, the Company's business is managed and directed at its home office in Cincinnati. As of December 31, 1941, the total assets of the Company were $203,- 339,007.04 and its total insurance in force was $1,082,622,518.00. The Company has district offices in Illinois, Indiana, Kentucky, Michigan, Missouri, Ohio, Pennsylvania, and West Virginia. It owns $1,654,467.73 worth of mortgage investments on farm property located in 8 States and $69,621,289.06 worth of mortgages on non-farm properties in 21 States. From the foregoing it is clear that, in addi- tion, to insuring the lives of its policyholders, the Company engages in. a diversified and widespread investment business. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED American Federation of Industrial and Ordinary Insurance Agents' Union #23230, #23247, and #23286, affiliated with the ki . ,i-iean Federation of Labor, are labor organizations, adrriltting to member- ship employees of the Company. III. THE QUESTION CONCERNINrj REPRESENTATION At various times prior to November 20, 1942, the Union sent letters to the home office of the Compan - in Cincinnati, informing the Com- pany that it represented a mi Jority of the industrial agents at the THE WESTERN AND SOUTHERN LIFE INSURANCE CO. 25 district offices in Cleveland, Newark, and Zanesville, Ohio, respec- tively, and requesting recognition as their bargaining representative. ,The Company did not reply to these requests. Testimony in the record indicates that the Union represents a sub- stantial number of employees in the units hereinafter found appropriate? We find that a question affecting commerce has arisen concerning the representation of employees of the Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNITS The Union seeks separate units composed of the industrial agents employed at each of the 3 district offices, including their respective subdistrict offices, but excluding office clerks, cashiers, managers, as- sistant managers, and other supervisory employees. The Company did not appear at the hearing and, consequently, has taken no position with respect to the propriety of these units. The record indicates that the Union has about 100 locals organized throughout the country and has about 60 contracts with various insurance companies, all of which were negotiated on a district basis. This number includes a number of locals in Ohio which are also organized on a district basis. The record indicates that the Company has divided the territory in which it operates, into several major areas, each of which -is divided into divisions under the supervision of a superintendent of agency. The divisions in turn are composed of district- offices and subdistrict offices, which are supervised by managers and superintendents. The areas and the divisions do not necessarily coincide with State bound- aries. 'There is no administrative officer of the Company in charge of the State of Ohio in its entirety. Because of these facts, we find that the district units requested by the Union are appropriate.3 Our present finding in this .regard does not, however, preclude a later finding that a larger unit is appropriate for collective bargaining purposes. We find that all'industrial agents of the Company employed at (1) the Cleveland district office, including the West Cleveland, Lake- wood, North Cleveland, and South Cleveland sub-district offices; (2) the Newark district office, including the Lancaster sub-district office; (3) the Zanesville district office, including the Cambridge, Coshocton, and New Lexington sub-district offices; respectively, but excluding in each instance office clerks, cashiers, managers, assistant managers, 2 This testimony was to the effect that the Union represents 34 of a total of approximately 60 'employees in the Cleveland district ; 13 of -approximately 20 in the Newark district ; and 15 of approximately 20 in the Zanesville district. - 3 See Matter of The Prudential Insurance Company of America-Branch Offices Toledo, Ohio and American Federation of Industrial and Ordinary Insurance Agents' Union x#23039, Toledo, Ohio (A. F. of L. ), 46 N. L. It. B. 430 , and cases cited therein. 26 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and other supervisory employees, constitute separate units appropri- ate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by elections by secret ballot among the employees in the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein,' subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION 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 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby - DIRECTED that, as . part of the investigation' to ascertain repre- sentatives' for the purposes of collective bargaining with The Western- and Southern Life Insurance Company, separate elections by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Eighth Region, act- ing in'this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the employees in the units found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily 'laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause, to determine (1) whether or not the employees in the appropriate unit in the Cleveland district desire to be repre- sented by American Federation of Industrial and Ordinary Insurance Agents'- Union #23230, Cleveland, Ohio; and (2) to determine whether or not the employees in the appropriate unit in the Newark district desire to be represented by American Federation of Industrial and Ordinary Insurance Agents' Union #23247, Newark, Ohio, and (3) to determine whether or not the employees in the appropriate unit in the Zanesville district desire to be represented by American Federation of Industrial and Ordinary Insurance Agents' Union #23286, Zanes- ville, Ohio, affiliated with the American Federation- of,Labor, for the purposes of collective bargaining. `