The Western Union Telegraph Company, Inc.

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY, INC. and THE COMMERCIAL TELEGRAPHERS' UNION Case No. R-1016 CERTIFICATION OF REPRESENTATIVES April 19, 1939 . On March 15, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled case." The Direction of Election provided that an election by secret ballot be conducted within fifteen (15) days from the date of the Direction among the employees in the traffic, com- mercial, messenger, and plant departments, excluding executives, lawyers, and persons with the right to hire and discharge, who were employed by The Western Union Telegraph Company, Inc., in Washington, D. C., during the pay-roll period next preceding the date of the Direction, to determine whether they desired to be rep- resented by The Commercial Telegraphers' Union, affiliated with the American Federation of Labor, or by Association of Western Union Employees, an unaffiliated labor organization, herein referred to as the Association, for the purposes of collective bargaining, or by neither. Pursuant to the Direction of Election, an election by secret ballot was conducted on March 29, 1939, at Washington, D. C., under the direction and supervision of the Regional Director for the Fifth Region (Baltimore, Maryland). Full opportunity was accorded to all parties to the election to participate therein and to make chal- lenges. Thereafter, on April 3, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations'Board Rules and Regulations-Series 1, as amended, served upon the parties to this proceeding an Intermediate Report Upon Secret Ballot, in which he made the following findings with respect to the results of the election : Number eligible to vote_____________________________________ 725 Number of votes for The Commercial Telegraphers' Union____ 453 Number of votes for Association of Western Union Employees- 148 Number of votes for neither of above organizations ---------- 6 111NLRB1154. 12 N. L. R. B., No. 42, 325 326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Total number of votes counted_____________________________ 607 Number of blank ballots____________________________________ 1 Number of void ballots_____________________________________ 1 Number of challenged ballots_______________________________ 0 On April 6, 1939, the Association filed Exceptions to the Inter- mediate Report with the Regional Director and requested permission to file a brief and to present oral argument before the Board upon the issues raised by these Exceptions. The Regional Director, not having found that the Exceptions raise a substantial or material issue with respect to the conduct of the election, forwarded to the Board the Exceptions together with the request for permission to file a brief and to present oral argument before the Board. The Board has considered the Exceptions to the Intermediate Report and finds that they raise no substantial or material issue with respect to the conduct of the election. The request for permission to file a brief and to present oral argument before the Board is therefore denied. No objections or protests to the ballot or to said Inter- mediate Report were made or filed by the other parties to the proceedings. By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations 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 The Commercial Telegraphers' Union, affiliated with the American Federation of Labor, has been desig- nated and selected by a majority of the employees in the traffic, com- mercial, messenger, and plant departments, of The Western Union Telegraph Company, Inc., in Washington, D. C., exclusive of execu- tives, lawyers, and persons with the right to hire and' discharge, as their representative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, The Commercial Telegraphers' Union is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.