The Travelers Insurance Co.

In the Matter of TFIE TRAVELERS INSURANCE COMPANY and AMAL- GAMATED LITHOGRAPHERS OF AMERICA Case No. 1-R-2550.Decided Jainnarey 31, 1946 Messrs. B. T. Bent and J. F. Pilkington, of Hartford, Conn., for the Company. Mr. Matthew Silverman, of New York City, for the Union. Mr. Arnold Ordman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TIIE CA SE Upon a petition duly filed by Amalgamated Lithographers of America, herein called the Union,' alleging that a question affecting commerce had arisen concerning the representation of employees of The Travelers Insurance Company, Hartford, Connecticut, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Walter B. Wilbur, Trial Examiner. The hearing was held at Hartford, Connecticut, on October 23, 1945. The Company and the Union appeared and partici- pated.2 All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Travelers Insurance Company is a Connecticut corporation having its principal office and place of business at Hartford, Connecti- 1 The petition was amended at the hearing so as to eliminate all indication of affiliation of the Union with the A. F. of L., since all locals of the Union had voted unanimously to withdraw from the A. F. of L. ! International Printing Pressmen & Assistants ' Union of North America , AFL, was also served with Notice of Hearing, but failed to appear. 65 N. L. R. B, No. 113 661 662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cut, and is engaged in the business of selling and servicing policies of insurance covering life, accident and health, workmen's compensation, and personal liabilities. It maintains branches throughout the United States. It has policyholders in all the States of the United States, as well as in other countries. For the fiscal year 1944, the Company had a premium income in excess of $200,000,000. It has funds invested in bonds and stocks in national, county, and municipal-governments, and in railroads, public utilities, banks, and other interests. Although the Company does not concede it, we find that the Com- pany is engaged in commerce within the meaning of the National Labor Relations Act.' II. THE ORGANIZATION INVOLVED Amalgamated Lithographers of America is a labor organization, admitting to membership employees of the Company. III. THE QUESTION CONCEaNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.4 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 UNIT In accordance with the agreement of the parties at the hearing, we find that all employees of the Company's Offset Department, including the plate grainer, photographer, plate makers, pressmen, and press- men assistants engaged therein, but excluding all supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (c) of the Act. V. THE DETERMINATION OF REPRESENTATIVES Both parties agreed that in the event the Board asserted jurisdiction over the Company, the Board might certify the Union on the record 3 Polish Ndtional Alliance of the United Staten of North America v. N. L. R. B., 322 U. S. 643. ,'The Field Examiner reported that the Union submitted eight membership books, all of which bore the names of employees listed on the Company's pay roll for the period ending July 12, 1945. There are approximately 12 employees in the appropriate unit. i THE TRAVELERS INSURANCE COMPANY 663 in the unit found appropriate. Nevertheless, we are of the opinion that the question concerning representation which has arisen can best be resolved by an election by secret ballot. Accordingly , we shall direct that the question concerning repre- sentation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit 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 Re- lations Board Rules and Regulations-Series 3, as amended, it' is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The Travelers Insurance Company, Hartford, Connecticut, 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 First Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regula- tions, among employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately pre- ceding 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 and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by Amalgamated Lithographers of America , for the purposes of collective bargaining. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction of Election.