The Western Union Telegraph Co.

In the Matter of THE WESTERN UNION -TELEGRAPH COMPANY and COMMERCIAL TELEGRAPHERS UNION, INDPLS. LOCAL #7, WESTERN UNION Div. #2, AFF. WITH A. F. OF L. Case No. R-1415 SUPPLEMENTAL DECISION AND ORDER March 28, 1940 On November 14, 1939, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in the above-entitled case,l and on December 1, 1939, and January 8, 1940, respectively, issued an Amendment to Direction of Election 2 and a Supplement and Second Amendment to Direction of Election .3 The Direction of Election, as amended, provided that an election by secret ballot be conducted as early as possible but not later than 30 days from the date of the Supplement and Second Amendment to Direction of Election, under the direction and supervision of the Regional Director for the Eleventh Region, among the employees in the- traffic, commercial, messenger, and plant departments, who were employed by" the Company in Indianapolis, Indiana, excluding executives, lawyers, and employees with the right to hire and dis- charge, to determine whether or not they desired to be represented by Commercial Telegraphers Union, Indianapolis Local #7, Western Union Division #2, affiliated with the American Federation of Labor. Pursuant to the Direction, an election by secret ballot was con- ducted on January 31, 1940, under the direction and supervision of the Regional Director for the Eleventh Region (Indianapolis, Indiana). On February 5, 1940, the Regional Director, acting pur- suant -to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. As to the balloting and the results thereof, the Regional Director reported as follows : Total number of employees alleged eligible to vote ------------ 278 Total number voted_________________________________________ 246 Total number of valid votes cast _____________________________ 239 117 N L R B 683 2 18 N. L R B 37 319 N L R B 122 22 N. L. R. B., No. 4 49 50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Total number of votes for the Commercial Telegraphers Union, Indianapolis Local No. 7, Western Union Division, No. 2, affiliated with the A. F. of L_______________________________ 87 Total number of votes against the Commercial Telegraphers Union, Indianapolis Local No. 7, Western Union Division No. 2, affiliated with the A. F. of L------------------------------ 152 Total number of blank ballots_______________________________ 0 Total number of void ballots_________________________________ 0 Total number of challenged ballots__ _________________________ 7 On February 12, 1940, Commercial Telegraphers Union, Indpls. Local #7, Western Union Division #2, affiliated with A. F. of L., herein called the C. T. U., filed with the Regional Director objections to the conduct of the ballot and the Election Report. On March 11, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, issued a Report on Objections in which he found that the objections raised no substantial or material issue with re- spect to the conduct of the election. We have considered the objections of the C. T. U. and the Regional Director's Report thereon. We find that the objections raise no substantial and material issues with respect to the conduct of the election. The objections are hereby overruled. The results of the election show that no collective bargaining representative has been selected by a majority of the employees. The petition for investigation and 'certification of representatives `of eiii- ployees of The Western Union Telegraph Company, Indianapolis, Indiana, will therefore be dismissed. ORDER By virtue of Section 9 , (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby ORDER D that the petition for investigation and certification of representatives of employees of The Western Union Telegraph Com- pany, Indianapolis, Indiana, filed by Commercial Telegraphers Union, Indpls. Local #7, Western Union Division *2, affiliated with A. F. of L. be, and it hereby is, dismissed.