Western Union Telegraph Co.

f? L1 the Matter of WESTERN UNION TLLEGltvr'rl COMPANY and AA1LRI- C•AN, COAn.IUNICATIONS ASSOCIATION. Lou \L •54-8, AFFILIATED \\1'rH,TIIE CONGRESS OF INDliS'rltL.AL OnGANi/v'I'IONS , • ..'i , , CaVe V.t. R-1708 SUPPLEMENTAL DECISION AND ORDER July 8,' 10140 I On May 15, 1940, the National Labor Relations Board, herein, called the Board, issued a Decision and Direction of Election in this pro- ceeding.1 Pursuant to said Direction of Election an election by secret ballot was conducted on June 14 and 15, 1940, at Pittsburgh,, Penn- sylvania, under the direction and supervision of the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania). • On June 17, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, is, amended, issued and duly served- upon the parties an,,Eleetion Report. As to the balloting and its results the Regional Director reported as follows: Total all I•al,d votes ballot4 only Total on eligibility list -----__----- I ------ 44t Total ballots cast------------------ - -------- 417 Total ballots challenged -__--------,_,!---------- 2 Total blank ballots ---------------- ------- ---- Tot al void ballots---- - ---- ----, ----- ------- 2 Total valid Notes cast- - ----- -------- -'413 413 Votes cast for American Communications Associa- tion,'Local54-B----------------- ----------------------- -135 Votes cast against American Communications As- sociation , Local 54-B-------------------------------- - 27S III the election no collective' bargaining representative was selected by a majority of the employees. - On June 24, 1940, American .Communications Association, Local 54-B, affiliated with the Congress of Industrial Organizations, 'the petitioner in this proceeding, herein called the A C. A., filed with the Regional Director a "Petition to Set Aside Election" stating objections 1 23 N L R B 924 26 N. L. R B., No. 37. 419 420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to the conduct of the election. On July 19, 1940, the Regional Di- rector issued and duly served upon the parties his Report onObjections. The Board has fully considered the Election Report, the objections to the conduct of the election, and the Regional Director's Report on Objections. It appears that the objections filed by the A. C. A., in so far as they-raise substantial-or material issues with respect to the conduct of the election, relate to the continuance or renewal by The Western Union Telegraph Company, herein called the Company, of practices which the Board, in another proceeding,2 found to con- stitute unfair labor, practices within the meaning of Section 8 (1) and (2) of the National Labor Relations Act, 49 Stat. 449, herein called the Act, and from which the Board, in that proceeding, ordered the Company to cease and desist: • ' At the time of the hearing in the instant proceeding the failure of the Company to comply with the Board's said Order was known to 'th'e'Board and to the'A'-C. 'A. The actions of the Company to which the; A.''C. A. objects may well, have interfered with the holding of a fairelection. No practical purpose • will be served, however, by o'rder'ing a 'hearing on the objections, vacating and setting aside the electioni,or directing a'second 'election; until the Board's Order has been enforced and the effects of the Company's unfair labor practices have been dissipated. We shall therefore dismiss the petition of the A. C. A. for investigation and certification of representatives without prejudice to the filing' of a new-petition after the Company has com- plied with the Board's said Order. ; ' ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, IT IS HEREBY ORDERED that the petition for investigation and certification of ,representatives of employees of The Western, Union Telegraph Company, Pittsburgh, Pennsylvania, filed ' by American Communications Association, Local 54-B, affiliated with the Congress of Industrial Organizations be, and the same is hereby dismissed without prejudice. !, ,MR..WILLIAM M., LEISERSON,took no part,'jn the consideration of the above Supplemental Decision and Order. 2 Matter of The Western Union Telegraph, Company, a corporation and American Communications Associa- tion, 17 N. L. R. B.,34, decided November 1, 1939: _ .,