The Western Union Telegraph Co.

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and CoM- MERCIAL TELEGRAPHERS' UNION Case No. R-1,06,0.-Decided August 2, 1942 Jurisdiction : telegraph industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord any labor organization recognition until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : all commercial, traffic, and plant department employees in the offices located in the Fifth District of the Lake Division of the Company, with specified inclusions and exclusions. Mr. Edward C. Ziesel, of Chicago, Ill.; for the Company. Mr. Hugh C.,McKeno y, of Washington, D. C., for the C. T. U. Mr. Dick Cardamone, of Chicago, Ill., for the A. C. A. Mr. Louis,Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Commercial Telegraphers' Union, herein called the C. T. U., alleging that a question affecting commerce had arisen concerning the representation of employees of The Western Union Telegraph Company, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Harold A. Cranefield, Trial Examiner. Said hearing was held at Detroit, Michigan, on July 22, 1942. The Company, the C. T. U., and American Communications Association, herein called the A. C. A., appeared, participated, and were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rul- ings,made at the hearing are free from prejudicial error and are hereby affirmed. On July 28 and August 4, 1942, respectively, the A. C. A. and the C. T. U. filed briefs which the Board has considered. Upon , the ,entire record in the case, the Board makes, the following : 43 N.'L. R. B., No. 86. ' s03 604 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 at New York City. It is engaged through- out 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 oper- ates 210,311 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 19,140 telegraph offices. At' the close of 1941, the Company employed approximately 52,000 persons. We are here concerned with the Fifth District of the Lake Division of the Company, comprising the lower peninsula of the State of Michigan. IT. THE ORGANIZATIONS INVOLVED Commercial Telegraphers' Union -is a, labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. American Communications Association is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize any labor organization as ex- clusive representative of its employees until such time as the Board determines the appropriate bargaining agency or agencies. . . . The A. C. A. has an exclusive contract with the Company cover- ing the employees at the Kalamazoo, Michigan, office of the Com- pany. Kalamazoo is a non-functional office and is part of the unit found appropriate hereinafter. The A. C. A. stated at the hearing that it agreed that the employees at Kalamazoo do not constitute an appropriate unit and that it ,was waiving its contract covering them. A statement of the Regional Director, introduced into evidence during the hearing,; indicates that-the C. T. U. represents a substan- tial number of employees in the, unit hereinafter found to be appropriate.' - 1 The Regional Director reported that the C . T. U. presented 125 -authorization cards bearing apparently genuine signatures of persons whose names appear , on the Company's pay roll of May 18, 1942 . There are approximately 375 employees in the unit hereinafter found to be appropriate . The A. C. A. presented 21 membership cards bearing apparently genuine signatures of persons whose names appear on the May 18 , 1942, pay roll. THE WESTERN UNION TELEGRAPH COMPANY 605 W.e'find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing •of Section 9 (c) and Section 2'(6) and (7) of the National Labor Relations Act. IV. THE APPROPRIATE UNIT All parties agree, and we find, that commercial, traffic, and plant department employees in the Fifth District of the Lake Division of the Company, constitute a unit appropriate for the purposes of collective bargaining. All parties further agree, and we find, that employees in divisional cities, district superintendents, district managers, district sales man- agers, managers and chief operators at functional offices, and chief clerks in superintendents' offices, should be excluded from the unit. Question arose at the hearing with respect to the disposition to be made of managers of six non-functional offices and M. B. Craig. Managers: These employees are managers of the six largest non- functional district offices throughout the Fifth District of the Lake Division of the Company. The Company and the A. C. A. ask that these employees, be excluded on the ground that they represent the management, and the C. T. U. asks that'they be included. Although it appears that these managers have some authority over as many as 18 employees they, as well as the other employees at the district- offices, offices, are under the supervision of a district superintendent. In accordance with, our practice in other cases, we find that all managers of non-functional district offices in the Fifth District of the Lake Division of the Company should be included in the unit.2 M. B. Craig is classified by the Company as maintenance foreman. The Company and the C. T. U. request that he be excluded from the unit and the A. C. A. takes no,position. Employees performing the -same duties as, Craig have consistently been- excluded from, the units in other cases involving the Company. We shall exclude Craig from the unit. We find that all commercial, traffic, and plant department em- ployees in the offices located in the Fifth District of the Lake Division of the Company, including managers at non-functional offices, but excluding district superintendents, district managers, district 'sales managers, chief clerks in superintendents' offices, managers and chief operators at functional offices, employees in 'divisional' cities, and 2 See Matter of The Western Union Telegraph Company and Telegraph Workers Fed- eral Labor Union #22679, District No. 1 Chapter, affiliated with A. F. of L., 38 N. L. R. B. 1386; Matter of The Western,Union Telegraph Company and Federal Labor Union 22671, Norfolk, Va. Chapter, affiliated with A. F. of L., 38 N. L. R. B. 492. 606 DECISIONS OF NATIONAL LABOR RELATIONS BOARD M. B. Craig, constitute a unit appropriate for the purposes of col- lective 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 an election by secret ballot among the em- ployees -in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion herein, subject to the limitations and additions set forth in the Direction. The A . C. A. requests that, it be given a place on the ballot. The C. T. U. opposes the request. As pointed out above the A. C. A. has some members among the employees in the unit and has a contract covering others. We shall grant its request. . 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, 49 Stat. 449, '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 to ascertain representa- tives for the purposes of collective bargaining with ' The Western Union Telegraph Company, • 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 Seventh Region, acting in this mat- ter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations , among the employees in the unit found appropriate in Section IV above, who were employed during the pay-roll period immediately preceding the date of this Direction , including any such employees who did not work during said pay-roll period because they were ill or on vaca- tion or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause , to determine whether they desire to be represented by Commercial Telegraphers' Union, affiliated with the American Federation of Labor, or by American Communications Association , affiliated with the Congress of Industrial Organiza- tions, for the,•purposes of collective bargaining , or by neither. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.