Western Union Telegraph Co.

In the Matter Of WESTERN UNION TELEGRAPH COMPANY and SPRING- FIELD LOCAL NUMBER 51, WESTERN UNION DIVISION No. 2, COM- MERCIAL TELEGRAPHERS ' UNION, AFFILIATED WITH THE A. F. OF L. Case No.-B-2352.-Decided March 09, 1941 Jurisdiction : telegraph industry. Investigation and Certification of Representatives : existence of question : refusal to accord union recognition ; election necessary. , Unit Appropriate for Collective Bargaining : all employees working in the plant traffic, and commercial departments of the Company at Springfield, Illinois, excluding supervisory employees. Mr. E. R. Riddle, of Chicago, Ill., for the Company. Mr. TTV. L. Allen, of Chicago, Ill., and Mr. Wilbur Graham, of Springfield, Ill., for the C. T. U. Mr. Dominic C. Cardimone, 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 On January 6, 1941, Springfield Local Number 51, Western Union Division No. 2, Commercial Telegraphers' Union, affiliated with the A. F. of L., herein called the C. T. U., filed with the Regional Di- rector for the Thirteenth Region (Chicago, Illinois) a petition al- leging that a question affecting commerce had arisen concerning the representation of employees of The Western Union Telegraph Com- pany, Springfield, Illinois, herein called the Company, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 14, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice.' 30 N. L. R. B., No. 112. 720 WESTERN UNION TELEGRAPH COMPANY 721 On February 18, 1941,' the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the C. T. U., and upon American Communications Association, herein called the A. C. A. Pursuant to notice, a hearing was held on February 26, 1941, at Springfield, Illinois, before Charles F. McErlean, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the C. T. U., and the A. C. A. appeared by their representatives and participated in the hearing. At the commencement of the hearing the Trial Examiner granted a motion of the A. C. A. to intervene in these proceedings. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board, has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : 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 in the receiving and transmission by telegraph and cable of intrastate, interstate, and international communications throughout the United States and in various foreign countries. In the operation of its national and international communication system the Company owns and/or operates 211,530 miles of pole' lines, 4,070 miles of land line cable, 1,776,876 miles of wire, 30,324 nautical miles of ocean cable, and 19,543 telegraph offices. At the close of 1939 the Company em- ployed approximately 44,300 employees. The Company operates a telegraph office at Springfield, Illinois, with which we are here con- cerned. The Company admits that it is engaged in commerce within the meaning of Section 2 (6) and (7) of the Act. H. THE ORGANIZATIONS INVOLVED Springfield Local Number 51, Western Union Division No. 2, Commercial Telegraphers' Union, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees at the Springfield, Illinois, office of the Company. American Communications Association is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. 722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION On November 16, 1940, the C. T. U., claiming to represent a majority of the employees at the Springfield, Illinois, office of the Company, requested the Company to meet and negotiate with it as sole collective bargaining agent for such employees. On December 11, 1940, the Company replied, -suggesting that the C. T. U. refer its request to the Board. A statement of the Regional Director in- troduced in evidence at the hearing shows that the C. T. U. represents a substantial number of employees in the unit alleged by it to be appropriate.' We' find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among. the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. N V. THE APPROPRIATE UNIT The C. T. U. and , the A. C. A. agreed at the hearing that all employees working in the plant, traffic, and commercial departments of the Company at Springfield, Illinois, excluding supervisory em- ployees, constitute an appropriate bargaining unit., The Company stated that its entire nation-wide system is an appropriate unit, but that it would adjust itself to; any' unit found, to be appropriate by the Board. The C. T. U., the A. C. A., and the Company are in disagreement as to the status of two named employees.2 2 The Regional Director 's statement shows that 35 employees whose names appear on the Company's pay roll of January 25, 1941, have applied for membership in the C. T. U. All of the applications were signed after September - 24, 1940 There are approximately 53 employees on the January 25 ,' 1941, pay roll 2 Although the A. C. A. made no claim or showing of designation by employees at Spring- field , it was permitted to intervene because the A. C A has representation among em- ployees of the Company in other cities ; the A. C A and the C T U, as well as the Com- pany , are apparently in agreement that a nation -wide unit of employees of the Company may in the future be appropriate ; and the A. C . A has considered such intervention neces- sary in order to protect its interests in the composition of the nation -wide, unit. The Board's appropriate -unit finding depends , of course , "in each case," ( Section 9 (b)), upon the rccoi d then before it. Thus, in the instant case , the Board determines the In- clusions in and exclusions from the Springfield unit upon all the facts in the present record, including the fact that no Springfield employees have designated the A C. A (Cf. Matter of Western Union Telegraph Company and American Communications Association, WESTERN UNION TELEGRAPH COMPANY 723 C. F. Brenner is classified by the Company as wire chief. The A. C. A. contends that he should be excluded from the unit on the ground that he is a supervisory-employee, and the C. T. U. and the Company desire that he be included in the unit. It appears from the evidence that Brenner spends most of his time as an ordinary Morse'operator and that he acts as wire chief only-about 1 month annually. We find that Brenner should be included in the unit. Wilbur Graham is classified by the Company as chief delivery clerk.. The A. C. A. desires that he be excluded from the unit on the ground that he' is a supervisory employee. The C. T.= U., con= tends `that he should be included in the 'unit, and the Company stated that it took no position with- respect to Graham. The evi- dence shows that although Graham might exercise some supervision over the messengers employed by the Company, he is directly under the supervision of the office manager who is present at all times and that therefore it is not necessary for Graham to make any recom- mendations or take any disciplinary measures himself.3 We find that Graham should be included in the unit. We find that all' employees working in the plant, traffic, and com- mercial departments of the Company at Springfield, Illinois, ex- cluding supervisory employees,4 - constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure- to employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise effectuate'the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The C. T. U. and the A. C. A. stated that they desire that a pay roll Local 51,B, affiliated with the Congress of Industrial Organizations, 23 N. L R B 824 ) Similarly, the instant findings as to the metropolitan unit will not determine the propriety and composition of a nation-wide unit in any subsequent proceeding , since the decision therein will necessarily depend on all the facts in'the record then before us. 3 The C. T. U. ' stated that in a large city , the chief delivery clerk should perhaps be excluded from the appropriate unit but that in a city the size of ' Springfield, Illinois, it could see no justification for excluding such an employee * The Trial Examiner stated during the hearing that J. If . Hoffman, section lineman, in addition to performing work for the Company , performs work for the Alton Railroad through a contract arras ement , and that after discussing the amount of work he does for each, the parties agreed that he should be excluded from the appropriate unit. How- eber, after the close of the hearing the Company notified the Board by letter that Hoffman is a regular employee of the Company and that his %iages are paid in their entirety by it. It further stated that such work as he performs for the Alton Railroad is charged to the Alton Railroad and is paid by it to the Company. We shall treat the Company's letter as a motion to correct the record accordingly and shall defer ruling on Hoffman 's eligibility to vote. Hoffman may present himself to vote subject to challenge and if challenged the Board will decide the issue of his eligibility upon such challenge 440135-42-Vol 30--4 i 724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD immediately preceding the date of the Direction of Election be used to determine eligibility to vote. The Company stated that it would also suggest this pay roll. We find that the employees of the Com- pany eligible to vote in the election shall be those employees in the appropriate' unit who were employed during the pay-roll period immediately preceding the Direction of Election herein, subject to such limitations and additions as are set forth in our Direction here- inafter. Upon the basis of the above findings of fact and upon the entire I record in the case, the Board makes the following : CONcLusIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of The Western Union Telegraph Company, Springfield, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees working in the plant, traffic, and commercial departments of the Company at Springfield, Illinois, excluding super- visory employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIREcrED that, as part of the investigation authorized by the Board- to ascertain representatives for the purposes of collective bargain- ing with,The Western Union Telegraph Company, Springfield, Illi= nois, an election by secret ballot shall be conducted as early as pos sible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Di-' rector for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Sec- tion 9, of said Rules and Regulations, among all employees working in the plant, traffic, and commercial departments of the Company at Springfield, Illinois, who were employed during the pay-roll period immediately preceding the date of this Direction, including em- ployees who did not work during such pay-roll'period'because they were ill or on vacation or absent because called for military service and I WESTERN UNION TELEGRAPH COMPANY 725 employees who were then or have since been temporarily laid off, but excluding supervisory employees and employees who have since quit or been discharged for cause, to determine whether or not they desire to- be represented by Springfield Local Number 51, Western Union Division, No. 2, Commercial Telegraphers' Union, affiliated with the American Federation of Labor, for the purposes of collective bargaining. k