The Prudential Insurance Co. of America

1 In the Matter of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and AMERICAN FEDERATION OF INDUSTRIAL AND ORDINARY INSURANCE - AGENTS' UNION, #23279 , WASHINGTON, D. C. In the Matter of THE PRUDENTIAL INSURANCE COMPANY OF . AMERICA and AMERICAN FEDERATION OF INDUSTRIAL AND ORDINARY INSURANCE AGENTS' UNION , # 23007, BALTIMORE , MARYLAND In the Matter of THE PRUDENTIAL INSURANCE COMPANY and A1IIERI- CAN FEDERATION OF INDUSTRIAL AND ORDINARY INSURANCE AGENTS' UNION, #23340 , AFFILIATED WITH THE A . F. L., RICHMOND , VIRGINIA .Cases Nos; R-4879, 4880, 4881, respectively.Decided May 5, 1943 11 Ralle & Henderson, by Mr. Joseph W. Henderson, of Philadelphia, Pa., and Mr. Joseph T. Ferris , of Newark, N. J., for the Company. ' Mr. Herbert S. Thatcher, of Washington, D. C., and Mr. George Russ, of Newark, N. J., for the A. F. L. Boudin, Cohn cC Glielestein, by Mr. Leonard Boudin, of New York City, for the C. I. O. Mr. Glenn L. Moller, of counsel to the Board. - DECISION ORDER AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by American Federation of Industrial and Ordinary Insurance Agents' Unions, #23279, #23007, and_ #23340,1 of Washington, D. C., Baltimore, Maryland, and Richmond, Virginia, respectively, herein collectively called the petitioning locals, alleging that questions affecting commerce had/arisen concerning the representation of employees of The Prudential Insurance Company of America, herein called the Company, at its Washington, D. C., Baltimore, Maryland, and Richmond, Virginia, offices, the National IIn its petition the petitioning local at Richmond, Virginia, was erroneously designated , as #22164. -A motion by counsel'for the local to amend the petition by changing #22164 to #23340 was granted at the hearing 49 N L R. B ,,No 60. 450 THE PRUDENTIAL IN'SURANC'E COMPANY OF AMEIRICA- 451 Labor Relations Board consolidated the cases and provided for an appropriate hearing upon due notice before Earle K. Shane, Trial Examiner. On February 8, 1943, the Board granted a motion to' intervene, filed by United Office and Professional Workers of Amer- ica, C. I. 0., herein called the C. I. O. The hearing was held in Washington, D. C., on February 11, 12, and 13, 1943. The Company,, the three petitioning locals, and the C. I. O. appeared, participated, and 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. The parties have filed briefs which the Board has duly considered. On April 1, 1943,-the Board heard oral argument in which'all parties participated. . - Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Prudential Insurance Company of America is a New Jersey corporation with, its home office and principal place of business in Newark, New Jersey. The Company is engaged in the life insurance business on the participating plan in the 48 States of the United States, the District of Columbia, the Territory of Hawaii, and 9 Provinces of the Dominion of Canada.' On -December 31, 1941, the Company was the second largest life insurance company in the United States in terms of assets and the amount of insurance in force. On that date the Company's assets totaled $3,556,085,244, and it had 31,960,286 policies in force, having a total face amount of $19,549,175,369. It had on that date approxi- mately 20,000,000 policyholders residing in every State of the United States, the District of Columbia, Hawaii, Canada, and some foreign countries. On December 31, 1941, the Company's assets consisted of cash, United States bonds and bonds guaranteed by tke United States Government, bonds of the Dominion of Canada, bonds of various political subdivisions of the United States, bonds of various Canadian Provinces and various political subdivisions thereof, railroad and railroad equipment bonds, public utility bonds, industrial bonds, pre- ferred stocks, common stocks, mortgage loans on real estate, real estate, instalment contracts for sale or real estate, premium notes and loans to policyholders, and other assets. Most of the cash assets of the Company are kept on deposit in commercial. banks and trust companies. On December 31, 1941, the Company had $120,792,001.31 on deposit in 521 banks and trust com- 531647-43-vol 49-30 452 DEICTSIONS OF NATTONAL LABOR RELATIONS BOARD panics in 40 States, the District of Columbia, and Canada , about' 73 percent of which was in banks and trust companies located in Newark, New Jersey, and New York City. All securities purchased by the Company, except Canadian securi- ties, are delivered to the Company's home office in Newark, New Jersey. These securities are kept at the home office , except for such bonds as are deposited with governmental 'authorities as required by law. Aside from its home office property and housing property located at Newark, New Jersey, the Company owned, on December 31, 1941, real estate acquired through mortgage foreclosure, or by conveyances in lieu of such -foreclosure , valued at $152 ,806,443 and held loans secured by real estate located in 47 States and the Dominion of Canada. The Company manages its real estate through 221 managing agents and •196 local farm supervisors in 40 States of the United States, the Dis- trict of Columbia , and 6 Canadian Provinces. From January 1, 1936, to December'31, 1941, the Company annually had available for investment approximately $493,000,000. In 1941 it had available for investment $558,000,000.. The Company has been a stock corporation which has been in the' process of mutualization under the laws of the State of New Jersey.? The Company's business is managed and directed by officers located at its home office in Newark , New Jersey. The terms and conditions of the various policies of insurance issued by the Company, claims upon policies , applications for loans , arid all other matters affecting the business of the Company in all its diversified branches of activity, are determined by the officers located in the home office. On' December . 31,.1942, the Company employed 38,677 persons, 21,982 of whom were agents, selling insurance and otherwise dealing with policyholders throughout the United States, Hawaii, and the Domin- ion of Canada; Of the 21,982 agents, 17 ,503 were classified by the Company its industrial agents, 16,727 of these being employed within the territorial boundaries of the United States. During the calendar year 1941 the Company purchased furniture, fixtures, and mechanical equipment having a value of $445,146, host of which was purchased ' inthe State &New Jersey. Approximately 21,2 percent of-the equipment that was purchased in New Jersey was shipped to and used in other States and .6 percent was shipped to and used in 'the Dominion of Canada. During the same period the Company purchased stationery supplies having 'a value of $673,452, most of which was purchased in the State of New Jersey. Of 'the supplies purchased in New Jersey, 37 .4 percent was shipped to and ' At the oral argument, on April' 1 , 1943 , counsel for the' Company stated that the Com-' piny had become completely mutualized on the, preceding day , THE PRUDENTIAL INISURANCE COMPANY OF AMERICA ' 453 'used. in other States and .5 percent was shipped to and used in the 'Dominion-of Canada. During the calendar year 1942, the Company printed, at its own printing plant in the State of New Jersey, material having a value ,of $1,254,372, of which approximately 37.4 percent was shipped to ,and used in 'other States and .5 percent was shipped to and used in the Dominion of Canada. We find that the Company's business has a direct effect upon the free flow of commerce, and that the Company is engaged in commerce within the meaning of the National Labor Relations Act 3 II. THE ORGANIZATIONS INVOLVED American Federation of Industrial and Ordinary, Insurance Agents' Union #23279, Washington, D.• C., affiliated with the American Fed- eration -of Labor, herein called Local #23279, is a labor organization, -admitting membership employees of the Company. American Federation of Industrial and Ordinary Insurance Agents' Union #23007, Baltimore, Maryland, affiliated with the American Federation of Labor, herein called Local #23007, is a labor organiza- tion, admitting to membership employees of the Company. American Federation of Industrial and Ordinary Insurance Agents' Union #23340, Richmond, Virginia, affiliated with the American Fed- eration of'Labor, herein called-Local #23340, is a labor organization admitting to membership employees of the Company. - , United Office and Professional Workers of America, affiliated with ,the Congress' of Industrial Organizations, is a labor organization .admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION The parties stipulated that prior to the filing of the petitions, the petitioning locals requested recognition as the exclusive bargaining representatives of the Company's agents working out of the Company's District offices in Washington, D. C., Baltimore, Maryland, and Rich- mond, Virginia, respectively, and that the Company refused to grant these, requests on the grounds that the Company is not subject to the ,National Labor Relations Act, that the Company has no knowledge ,that the petitioners actually represent majorities of the agents in the areas described, and that the units 'sought by the petitioners are inappropriate. See Matter of John Hancock Mutual Life Insurance Company and American Federation ;of Industrial and Ordinary Life Insurance Agents Union No 21571, et al., 26 N L R B. 1024; Matter of Polish National Alliance of the United States of North A-merica and 0,(liee Employees' Union No 20932, A. F. of L, 42 N. L R B. 1375 • i 454 DECISIONS OF NATIONAL IIABOI1 RELATIONS BOARD A statement of the Regional Director, introduced into evidence at the hearing, and a supplemental statement by the Trial Examiner at the hearing, indicate that the petitioning locals represent substantial num- bers of employees in the units hereinafter found appropriate 4 We find that questions affecting commerce have 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 Each of the petitioners desires a separate unit : Local #23279 seeks a unit composed of all industrial agents employed by the Company in its Washington, D. C., District offices; Local #23007 seeks a unit composed of all industrial agents .employed by the Company at its Baltimore, Maryland, District offices; and Local #23340 seeks a unit -composed of all industrial agents employed by the Company at' its Richmond, Virginia, District office. The Company contends that such units are inappropriate on the ground that a Nation-wide unit is now the only appropriate unit. The C. I. O. contends that the units here sought are inappropriate, asserting that a Nation-wide unit is now the most appropriate and that in no event should the units be less than State-wide in scope. For administrative purposes, the Company is divided into '11 major subdivisions, 1- of which conducts the industrial insurance business of the Company. The Industrial Agencies Department has divided the territory 'covered' by the Company's industrial agencies into 20 divi- sions, designated by letters of the alphabet, 19 of which are in the United States, the remaining 1 being in Canada.. The 20 divisions are divided into 5 geographical groups, each of which is under the supervision of an assistant secretary of the Company. The assistant secretaries are all located in the home office and supervise their groups from there. These assistant secretaries meet together daily with the 4 The Regional Director reported that Local # 23279 submitted 79 authorization cards, 77 of.which bore the apparently genuine signatures of persons whose names appeared on the Company 's pay roll of November 20, •1942. There are 98 industrial agents in the appropriate unit at Washington, D C The Regional Director reported that Local #23007 submitted 54 authorization cards, 51 of which bore the apparently genuine signatures of persons whose names appeared on the Company's pay roll of November 20, 1942 The Trial Examiner stated on the record that Local # 23007 submitted an additional 30 authorization cards, 26 of which bore the apparently genuine signatures of persons whose names appeared on the same pay roll. There are 145 industrial agents employed at the three Baltimore District offices, and a total of 216 employed in the State of Maryland. The Regional Director reported that the C I 0. submitted eight authorization cards, all bearing apparently genuine signatures of persons whose names appeared on the, Com- pany's Baltimore office pay rolls of December 14, 1942 The C. I. 0. also submitted to, the Trial Examiner, at the hearing, eight additional cards bearing apparently genuine signatures of persons whose names appeared on the same pay lolls and nine cards bear- ing apparently genuine signatures of persons whose names appe"r on the pay roll of the. Company's Cumberland , Maryland, office. THE, PRUDENTIAL IN'SURANC'E COMPANY OF AMERICA 455, vice presidents'in charge of the Industrial Agencies Department. All decisions on questions of policy which arise in the field are made at 'these - meetings. .'The Washington, D. C., Virginia, and -Baltimore, Maryland, offices are 'in Division N, in the Southern Group., The ,Cumberland, Maryland, office is in Division E, in the Northern Group. During the past several years, efforts to organize the Company's industrial agents have been carried on by the American Federation;of Labor, through the Industrial and Ordinary Insurance Agents' Coun- cil, herein called the Council, an association of locals affiliated with the A. F. of L.; by the United Office and Professional Workers of America, ,C.-I. 0.; and by an unaffiliated union, International Union of Life Isurance Agents, hereinafter called the Independent. In 1941, fol- lowing organizational activity in''the Metropolitan New York area, the C. I. O. attempted' unsuccessfully to bargain with the Company on, less than a State-wide basis., Thereafter the parties agreed to a consent election in a unit consisting of all the Company's agents in the State of New'York. Consent elections in which the C. I. O. was the only labor organization involved, were also'conducted in the States of Massachusetts, New Jersey, and.Michigan. As a result of these four elections, all held between June and November 1942, the C. I. O. was recognized as the' bargaining representative of the Company's agents in those State's. Meanwhile, the Independent succeeded in organizing the Company's agents in the State of Wisconsin and in the latter part of 1941 was certified by the labor relations board of that State as the exclusive bargaining representative of the Company's agents in Wis- consin. As a result of this certification the Company and- the Inde- pendent entered into a State-wide contract. Recently the Independent organized the Company's agents in the State of Minnesota and on February 26, 1943, we granted the Independent's petition for' inves- tigation and certification in a State-wide unit.5 The C. I. O. par- ticipated in the hearing in. that case and contended that the unit was inappropriate on the ground that a Nation-wide unit was the only appropriate unit. During the same .period the Council has organized agents of the Company in several States in addition to the areas involved in this proceeding. In the State of Ohio; the Council began its organizational efforts' in Toledo. On July 14, 1942; its Toledo local filed a petition before the ,Board; seeking an investigation and certification of repre- sentatives for the agents working out of the Company's Toledo offices, including a subdistrict office in Bryan, Ohio." The, Company in that proceeding objected to the establishment of the unit sought, on the 5Matter.of The Prudential Insurance; Company, of,4merica;and International Union of Life Insurance Agents, Locals 4, 6, 37, 40, et al., 47 N L R B 1103. 0Matter of The Prudential Insurance Company of America and American Federation of Industrial and Ordinary Insurance Agents' Union No 23029, Toledo, Ohio, 46 N. L. R. B., 930. i 456. DE)CISIONS` OF NATIONAL LABOR RELATIONS BOARD ground that the smallest appropriate unit was a State-wide unit. In granting the unit there sought by the petitioning union, we based our,, decision upon the cbnsideratiom'that the' petitioner-in the proceeding had extended its organization to only 6 of the Company's 31 District offices in the State of Ohio and that to dismiss the petition would deny to employees of the Company in Toledo the benefits of immediate col- lective bargaining. We expressly stated that our finding as to the, propriety of the city,-wide unit did not preclude a later finding that a State-wide or Nation-wide unit, was appropriate. On December 9, 1942, a local of the Council requested-that the Com= parry recognize it as the exclusive bargaining representative of the- Company's agents in the city of Wilmington, Delaware. On February 16, 1943, the C. I. O. filed, a petition' asking for a unit, consisting of all the .Company's industrial agents employed in the State of. Delaware. On November 23, 1942, the Company and the C. I. O. entered into an agreement by which the parties requested a third party to conduct a cross-check of C. I. O. membership cards against the Company's pay 'roll. This agreement, in its final form, excluded from the cross-check the 'States of Wisconsin, where-the Company was already under con- tract with the Independent, Minnesota, where a petition for a State-, wide unit was pending before the Board, ahd-Ohio, where several petitions, for city-wide units, were also, pending- before the Board.7, The cross-check resulted in the Company's acknowledging that the C. I. O. represented a majority of the Company's agents throughout the United States except in the three excluded States. Following the cross-check, the Company and the -C. I. O. bargained collectively with. the result that on February 1,. 1943, they entered into acontract cover= ing all industrial agents employed by the Company in the continental United States, except in the- States of, Wisconsin, Minnesota, Ohio, Delaware, Maryland, and-Virginia, and the District of Columbia, the -'latter four areas being excluded because of the petitions in the instant case and the previously mentioned Wilmington, Delaware, petition- The contract provides that if the C. I. O. is certified as bargaining agent for the, Company's industrial agents in any one of the excepted States or the District of Columbia; the agents in such areas shall automatically be covered by the contract: . In cases involving, this Company and other insurance companies ,we have consistently held; and the. unions, including the :Council, have' agreed,, that the ultimately appropriate unit of insurance agents'is the 7 For details of this agreement, see footnote 2 in Matter of The Prudent,al Insurance Company of America, et at., footnote 5, supra. W hile the original agreement excluded only the State of Wisconsin, before the check was made the parties also agreed to exclude the States of Minnesota and Ohio. ' „ i 1 THE PRUDENTIAL INSURANCE COMPANY OF AMERICA 457 company-wide unit; 8 and we have established less comprehensive units solely, on the basis of the limited extent of self-organization among the employees affected., In only one case involving this Company, the Toledo case, have we been convinced that the limited extent of organ- ization among the Company's agents required us to find appropriate a unit less than State-wide in scope. In that case the evidence indi- cated that dismissal of the petition would have denied indefinitely to' the Company's agents in Toledo the opportunity to bargain collec- tively, because union organization had not yet extended to a substantial proportion of all agents in the State of Ohio. We do not think that the considerations governing our decision in the Toledo case-are con- trolling in the instant proceeding since, as will appear hereinafter, self-organization among the Company's agents in Maryland, Virginia, and the District of Columbia. has actually become State-wide. The Company has so often recognized the propriety of State-wide bargain- ing units that there is little doubt that it can bargain do a State-wide basis. The contract with the C. I. 0., excluding certain areas on the basis of State lines, the positive contention of the,Company for a State-wide unit in the Toledo case,9 and the execution of a contract with the Independent covering the State of Wisconsin, all point to the Company's recognition of the feasibility of State-wide units. We shall dispose of the three petitions here before us in the light of these conclusions. 1. Local 23279, Washington, D. C. Local #23279 seeks a unit composed of all industrial agents em- ployed by the Company in its two District offices in Washington, D. C., including one detached agent, attached to the Washington District Office #2, but assigned to Laurel, Maryland, but excluding managers, assistant managers, office clerks, cashiers, and supervisors. The parties are agreed that the proposed exclusions are proper, differing only as to the geographical scope of the unit. The Company has no other offices in the District of Columbia. There are 98 industrial agents attached to the 2 Washington offices. Twelve of them work, entirely in, Maryland and 8 work entirely in Virginia. However, these agents report directly to the Washington offices, and have no, contacts with the Company in the States where their debits are located. ' ; - . , Under all the facts and circumstances, we find that all of the,Com- pany's industrial agents who-are attached to or work out-of the 'Coin- pany's District offices in- Washington, D. C., including the. detacled agent in Laurel, Maryland-; "but excluding superintendents,' assistant ',See cases cited .•in'footnote 8 of Matter of The, Prudential InsuranceCoinpdni' of America, etc., footnote 6• supra. Y Matter of The Prudential Life Insurance Company of America, et al., footnote 6, supra. I 458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD superintendents, office clerks, cashiers, and supervisors, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 2. Local #3007, Baltimore, Maryland Local #23007 seeks a unit composed of all the Company's industrial agents employed in the three District offices in Baltimore, 'excluding superintendents, assistant superintendents, office clerks, cashiers and supervisors. Out of a total of, 216 industrial agents employed by the Company in rthe State of Maryland, 145, or 67 percent, are attached to the Baltimore offices. The Company has 1 other District office in Mary- land, at Cumberland. The Cumberland District office has subdistrict offices in Hagerstown, Maryland, and also in Sharon, Pennsylvania, and Piedmont, West Virginia. In addition to the offices just men-- tioned, the Company has 5 subdistrict offices in Maryland; all of which are attached to the District office in Dover, Delaware. These offices are located at Chestertown, Salisbury, Elkton, Cambridge, and Havre de Grace.10 Since the Baltimore agents represent such a predominant proportion of the Company's agents in the entire State of Maryland, we shall not disco iss,the petition of Local, #23007, but shall enlarge the unit therein sought so as to make it State-wide. The record is not clear as to whether or not the C. I. O. contract purports to cover six agents who work out of Maryland offices, but in' debits located entirely in West Virginia or in Pennsylvania. However, the contract was executed after the' petitions in this case were filed and is, therefore, not a bar to a determination of representatives affecting these agents. Accord= ingly, in order to insure to these agents the benefits of collective bar- gaining, we shall include them in-the unit. We;shall-exclude, how= ever, the agents working out of the Sharon, Pennsylvania, and Pied= wont, West Virginia, offices. We find that all the Company's industrial agents who are attached to-and work out of District or subdistrict offices in the State of Mary* Y_ with the exception of the detached agent at Laurel, Maryland, but excluding superintendents, assistant superintendents, office clerks, cashiers, 'and supervisors, constitute • a unit appropriate foi• the pur= poses of collective bargaining within the meaning of Section 9 _(b) of the Act. ' - - , 3. Local #23340, Richmond; Virginia. Local. #23340'seeksa unit' composed of all industrial agent`s em- ployed, by•the Company, in its District office at Richmond, Virginia; 10 Although ; an official for,the , Company . testified' thatsthere,were only, four-such' subdis- trict offices in Maryland , the Company 's exhibits show that there are five. - THE PRUDENTIAL INISURANC 'E COMPANY OF AMERICA 459 excluding superintendents , assistant superintendents ; office clerks, cashiers, and supervisors. The`Conipany.has only 2 District offices in the State of Virgnia, one at Norfolk and the other at Richmond. The Council's first - organi- zationnal activity among the Company's agents in Vrginia was con- ducted in Norfolk. After organizing in Norfolk, the, Council pro- ceeded to organize the agents at Richmond . Although the agents organized by the Council in Norfolk withdrew their membership after the Company entered into its contract with the C . I. 0., it thus appears that,there has actually been State-wide organizational activity by the Council in the State of Virginia . The record indicates that there are 55 agents employed by the Company in Virginia and that only 24 of that number are attached to the Richmond office so that the unit sought by Local #23340 does not constitute, as in the Baltimore case, a major proportion of the agents throughout the State. Under these -circumstances , we find that the city-wide unit sought by Local #23340 is inappropriate and we will , accordingly , dismiss the petition in Case No . R-4881. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the questions concerning representation which have 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 Elections herein, subject to the limitations and additions set forth in the Direction. The petitioning locals contend that the C. I. O. is not entitled to appear on the ballot in Case No . R-4879, since it failed to offer any evidence of representation in Washington , D. C. However, in view of the interest of the C. I. O. as revealed by the entire record, its contract with the Comp^auny, and the fact that some locals of the' Council have already indicated , an intention to transfer their affilia- tion, we believe that the C. I. O. is entitled to a place on the ballot. The C. I. O.'s claimed membership among agents in the State of Mary- land has been set forth above. DIRECTION- OF ELECTION,St - 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 andRegulations-Series 2, as amended, it is hereby DIRECTEn ,that;,as -part,,of the-investigation to-,ascertai,n:representa- tives for the purposes of collective bargaining with The Prudential 460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Insurance Company of America, Newark, New Jersey, an election 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 Fifth,Region, acting' in this matter as agent for the National Labor Relations Board, and subject to' Article III, Section 10,. of said Rules and Regulations, among : . 1. The employees in the unit found appropriate in Section IV (1), 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 whether they desire to be•represented by American Federation of Industrial and Ordinary Insurance Agents' Union #23279, Washington, D. C., affiliated with the American Federation of Labor, or by United Office and Professional Workers of America, affiliated with the Congress of Industrial Organizations, for the pur- poses of collective bargaining, or by neither. - 2. The employees in the unit found appropriate in Section IV (2), 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 vaca- tion,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 whether or.not they desire to be represented by American Federation, of Industrial and Ordinary In- surance Agents' Union #23007, Baltir'nore, Maryland, affiliated with the American Federation of Labor,'or by United Office and Profes- sional Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining or by neither. ORDER Upon the basis of the foregoing findings , of fact and upon the entire record in the case, the National Labor Relations Board hereby orders that the petition for investigation and certification of repre- sentatives filed by American Federation of Industrial and Ordinary Insurance Agents' Union #23340, affiliated with the A. F. L., Rich- mond, Virginia , be, and it hereby is; dismissed. In the Matter of THE PRUDENTIAL'INSURaNCE COMPANY OF AMERICA and AMERICAN FEDERATION OF INDUSTRIAL AND ORDINARY INSURANCE AGENTS' UNION #23279, WASHINGTON, D. C. In the Matter of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and AMERICAN FEDERATION OF INDUSTRIAL AND ORDINARY INSURANCE AGENTS' UNION #23007, BALTIMORE, MARYLAND III the Matter of THE PRUDENTIAL INSURANCE COMPANY and AMERICAN FEDERATION OF INDUSTRIAL AND ORDINARY INSURANCE AGENTS' UNION #23340, AFFILIATED WITH THE A. F. L., RICHMOND, VIRGINIA Cases Nos. R-4679 through,-4881, respectively AMENDMENT TO DECISION ORDER . AND DIRECTION OF ELECTIONS Decided May 05, 1943 On May 5, 1943, the National Labor Relations Board issued a Decision, Order, and Direction of Elections in the above-entitled pro- •ceedings.l On May 18, 1943, all of the unions involved in Cases Nos. Rr-4879 and R-4880 and the Company-filed a joint petition for an order clarifying the units determined by the Board to be appropriate in its Decision, Order, and Direction of Elections. Said petition requested that, the following descriptions of the units found-appropriate in Cases Nos. R-4879 (Washington, D. C.) and R-4880 (Baltimore, Maryland), respectively, be substituted for the descriptions contained in the Board's aforesaid Decision : 1. Case No. R-4879, Washington, D. C. , All industrial insurance agents of the.Company licensed and work- ing in the District 'of Columbia, all or any, part of whose debits are in the.District of Columbia, excluding superintendents, assistant super- intendents, office clerks, and cashiers. 1 49 N. L. R. B., No. 60. 49'N. L. It. B.,.No. 60a. 461 - 462 DECISJONS OF NATIONAL LABOR RELAT!ION6 BOARD 2. Case No. R-4880, Baltimore, Maryland. All industrial "insurance agents of the Company licensed and work- ing in the State of Maryland,, excluding such agents any part of whose- debits is in the District of Columbia, the State of Delaware, the State of Nest Virginia, or the State of Pennsylvania, and excluding super- intendents, assistant superintendents, office clerks, and cashiers. The Board, having, duly considered the matter, hereby amends the Decision, Order, and Direction of Elections dated May 5, 1943, as follows : -1. By striking therefrom, on page 7, the entire paragraph beginning at line 20 and ending with line 25, said paragraph-beginning with the words "Under all the facts, etc." and ending with the words "Section 9, (b) of the Act," and by substituting therefor, the following para- graph, to wit : We find that all industrial insurance agents of the Company licensed and working in the District of Columbia, all or any part. of whose debits are in the District of Columbia, excluding super- intendents, assistant superintendents, office clerks, and cashiers,, constitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9 (b) of the Act. 2. By striking therefrom the entire first paragraph on page 8, be- ginning with the words "We find that" and ending with the words- "Section 9 (b), of the Act," and by substituting the following para- graph, to wit: We find that all industrial insurance agents of the Company licensed and working in the State of Maryland, excluding such agents any- part of, whose-debits is in, the District, of Columbia,, the, State of Delaware, the State of West ' Virginia, or the State- of Pennsylvania, and excluding superintendents, assistant super- intendents;^office clerks, and cashiers, constitute a unit appropriate for the purposes of collective bargaining within the meaning of ,Section 9 (b) of the Act. 3. 'By inserting in the second line of paragraph 1, on page 9, imme- diately following the word "above," the words; "as amended." 4. And by inserting in the second line of paragraph 2, on page 9,. line thereof, immediately followinb the word "above," the words, as amended." On May-19, 1943, the C. I. O. notified'tbe Board that it ''wished to, withdraw from these proceedings and that it did not wish to app e_ar on the ballots in the elections herein directed. f Accordingly, the said Direction of Elections of, May 5, 1943,:-ia further-amended as follows:« THE PRUDENTIAL INSURANCE COMPANY. OF AMERICA 463 1. By striking therefrom, in paragraph 1 on page 9, the words ,'whether they desire to be represented by American Federation of Industrial and Ordinary Insurance Agents' Union #23279, Wash- ington, D. C., affiliated with the American Federation of Labor, or by United Office and Professional Workers of America, affiliated with the Congress of Industrial, Organizations, for the purposes of collective bargaining, or by neither," and substituting therefor the words "whether or not they desire to be represented by American Federation of, Industrial and Ordinary Insurance Agents' Union #23279, Washington, D. C., for the purposes of collective bargaining." 2. By striking therefrom, in paragraph 2 on page 9, the words "whether or not they desire to be represented by American Federation ,of Industrial and Ordinary Insurance Agents' Union #23007, Balti- more, Maryland, affiliated with the American Federation of Labor, or by United Office and Professional Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither," and substituting therefor the words "whether or not they desire to be represented by American Federation of Industrial and Ordinary Insurance Agents' Union #23007, Baltimore, Maryland, affiliated with the American Federa- tion of Labor, for the purposes of . collective Bargaining." 1