Postal Telegraph-Cable Corp. of New York

In the Matter of POSTAL TELEGRAPH-CABLE CORPORATION OF NEW YORK, POSTAL TELEGRAPH-CABLE COMPANY (LAND LINE SYSTEM ), POSTAL TELEGRAPH-CABLE COMPANY (DELAWARE), THE POSTAL TELEGRAPH- CABLE COMPANY OF INDIANA POSTAL TELEGRAPH-CABLE COMPANY OF MISSOURI, THE OHIO POSTAL TELEGRAPH-CABLE COMPANY) POSTAL TELEGRAPH-CABLE COMPANY (TEXAS), THE COLORADO POSTAL TELE- GRAPH-CABLE COMPANY, POSTAL TELEGRAPH-CABLE COMPANY (OKLA- HOMA), THE KANSAS POSTAL TELEGRAPH-CABLE COMPANY, POSTAL TELEGRAPH-CABLE COMPANY, ^ (KENTUCKY), POSTAL TELEGRAPH-CABLE COMPANY OF MASSACHUSETTS, POSTAL TELEGRAPH-CABLE COMPANY (MICHIGAN) and COMMERCIAL TELEGRAPHERS' UNION In the Matter of THE POSTAL TELEGRAPH-CABLE COMPANY (LAND LINE SYSTEM), POSTAL TELEGRAPH-CABLE COMPANY (ARIZONA), POSTAL TELEGRAPH-CABLE COMPANY (ARKANSAS), POSTAL TELEGRAPH-CABLE COMPANY (CALIFORNIA), THE COLORADO POSTAL TELEGRAPH-CABLE: COMPANY, POSTAL TELEGRAPH-CABLE COMPANY (CONNECTICUT), POSTAL TELEGRAPH-CABLE COMPANY (DELAWARE), POSTAL TELE- GRAPH-CABLE COMPANY OF IDAHO, POSTAL TELEGRAPH-CABLE COM- PANY OF ILLINOIS, THE POSTAL TELEGRAPH-CABLE COMPANY OF INDIANA, POSTAL TELEGRAPH-CABLE COMPANY OF IOWA, THE KANSAS POSTAL TELEGRAPH-CABLE COMPANY, POSTAL TELEGRAPH-CABLE COMPANY (KENTUCKY), POSTAL TELEGRAPH - CABLE COMPANY (LOUISIANA), POSTAL TELEGRAPH-CABLE COMPANY OF MASSACHU- SETTS, POSTAL TELEGRAPH-CABLE COMPANY (MICHIGAN), POSTAL TELEGRAPH-CABLE COMPANY (MINNESOTA), POSTAL TELEGRAPH-CABLE COMPANY OF MISSOURI, POSTAL TELEGRAPH-CABLE COMPANY OF MON- TANAI POSTAL TELEGRAPH-CABLE COMPANY OF NEBRASKA, POSTAL TELEGRAPH-CABLE COMPANY (NEVADA), POSTAL TELEGRAPH-CABLE COMPANY OF NEW JERSEY, POSTAL TELEGRAPH-CABLE COMPANY (NEW MEXICO), POSTAL TELEGRAPH-CABLE COMPANY (NEW YORK), THE OHIO POSTAL TELEGRAPH-CABLE COMPANY, POSTAL TELEGRAPH-CABLE COMPANY (OKLAHOMA), POSTAL TELEGRAPH-CABLE COMPANY (ORE- GON) POSTAL TELEGRAPH-CABLE COMPANY (PENNSYLVANIA), POSTAL TELEGRAPH AND CABLE COMPANY (RHODE ISLAND), POSTAL TELE- GRAPH-CABLE COMPANY OF TENNESSEE, POSTAL TELEGRAPH-CABLE COMPANY (TEXAS), POSTAL TELEGRAPH-CABLE COMPANY OF UTAH, POSTAL TELEGRAPH-CABLE COMPANY OF WASHINGTON POSTAL TELE- GRAPH-CABLE COMPANY OF WEST VIRGINIA, POSTAL TELEGRAPH-CABLE 11 N L. R. B, No. 48. 575 576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD COMPANY (WISCONSIN), POSTAL TELEGRAPH-CABLE COMPANY OF WYOMING and AMERICAN COMMUNICATIONS ASSOCIATION Cases Nos. R-644 and R 997, respectively CERTIFICATION OF REPRESENTATIVES February t1, 1939 On November 22, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled case.' On December 6, 1938, the Board issued an Amendment to Direction of Election.2 The Direction of Election, as amended, directed that an election by secret ballot be conducted as soon as convenient and beginning as soon as was practical after the date of the Direction, under the direction and supervision of the Regional Director for the Second Region among all the employees of the Systems who were on the pay rolls of the Company on October 1, 1938, excluding executives, general managers , attorneys, confiden- tial secretaries, general wire and traffic chiefs, and supervisory em- ployees who have the right to hire and discharge, excluding em- ployees who have since quit or been discharged for cause, excluding employees located in Washington, Oregon, Montana, and northern Idaho, and excluding also the line gang engaged in construction work on lines of the Company on the Illinois Central Railroad south of the Ohio River, to determine whether or not they desired to be repre- sented by American Communications Association, affiliated with the Committee for Industrial Organization, for the purposes of collective bargaining. Pursuant to the Direction, as amended, an election by secret ballot was conducted under the direction and supervision of the Regional Director for the Second Region. Full opportunity was afforded the companies of the System and the American Communications Asso- ciation to participate in the conduct of the secret ballot and to make challenges. On January 17, 1939, said Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued and duly served upon the Postal Telegraph Company of New York, acting as agent for the companies of the System, and upon the American Com- munications Association, an Intermediate Report on the election. 19 N. L. R B 1060. 2 10 N L R B 225 Subsequent to the issuance of the Direction of Election, the Commercial Telegraphers ' Union, a party to the proceeding, petitioned the Board to omit its name from the ballot . The Board thereupon amended the Direction of Election to omit therefrom the name of said organization. 8 The Postal Telegraph Land Line System , referred to as the System throughout the proceedings, comprises the companies named in the caption of the instant case. POSTL TELEGRAPH-CABLE CORPORATION OF NEW YORK ET AL . 577 On February 4, 1939, the Regional Director served copies of said Intermediate Report upon the International Brotherhood of Elec- trical Workers and upon the Commercial Telegraphers' Union, par- ties to the proceeding whose names did not appear upon the secret ballot. No objections or exceptions to the Intermediate Report were filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote---------------------------- 12,974 Total number of ballots cast ----------------------------- 8,083 Total number of ballots counted------------------ -------- 7,975 Total number of votes in favor of American Communica- tions Association , affiliated with the C. I. 0-------------- 6, 506 Total number of votes against afore -mentioned labor organi- zation ------- ----------------------------------------- 1,469 Total number of blank votes ---------------------------- 15 Total number of void ballots ----------------------------- 10 Total number of challerged votes- ----------------------- 83 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that American Communications Association, affiliated with the Committee for Industrial Organization, has been designated and selected by a majority of all the employees of the Land Line System composed of the following companies : The Postal Telegraph-Cable Company (Land Line System), Postal Telegraph- Cable Company (Arizona), Postal Telegraph-Cable Company (Ark- ansas), Postal Telegraph-Cable Company (California), The Colorado Postal Telegraph-Cable Company, Postal Telegraph-Cable Company (Connecticut), Postal Telegraph-Cable Company (Delaware), Postal Telegraph-Cable Company of Idaho, Postal Telegraph-Cable Com- pany of Illinois, The Postal Telegraph-Cable Company of Indiana, Postal Telegraph-Cable Company of Iowa, The Kansas Postal Tele- graph-Cable Company, Postal Telegraph-Cable Company (Kentucky), Postal Telegraph-Cable Company (Louisiana), Postal Telegraph-Cable Company of Massachusetts, Postal Telegraph-Cable Company (Mich- igan) , Postal Telegraph-Cable Company (Minnesota), Postal Tele- graph-Cable Company of Missouri , Postal Telegraph-Cable Company of Montana, Postal Telegraph-Cable Company of Nebraska, Postal Telegraph-Cable Company (Nevada), Postal Telegraph-Cable Com- pany of New Jersey, Postal Telegraph-Cable Company (New Mex- ico), Postal Telegraph-Cable Company (New York), The Ohio. Postal Telegraph-Cable Company, Postal Telegraph-Cable Company (Oklahoma), Postal Telegraph-Cable Company (Oregon), Postal Tele- 578 DECISIONS OF NATIONAL LABOR RELATIONS BOARD graph-Cable Company (Pennsylvania), Postal Telegraph and Cable Company (Rhode Island), Postal Telegraph-Cable Company of Ten- nessee, Postal Telegraph-Cable Company (Texas), Postal Telegraph- Cable Company of Utah, Postal Telegraph-Cable Company of Wash- ington, Postal Telegraph-Cable Company of West Virginia, Postal. Telegraph-Cable Company (Wisconsin), and Postal Telegraph-Cable Company of Wyoming, excluding executives, general managers, attor- neys, confidential secretaries, general wire and traffic chiefs, and supervisory employees who have the right to hire and discharge, excluding employees located in Washington, Oregon, Montana, and northern Idaho, and excluding also the line gang engaged in con- struction work on lines of the Company on the Illinois Central Rail- road south of the Ohio River, as representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, American Communications Association, affiliated with the Committee for Industrial Organization, is the exclusive rep- resentative of all such employees for the purposes of collective bar- gaining in respect to wages, rates of pay, hours of work, and other conditions of employment.