Western Union Telegraph Co.

I In the Matter Of WESTERN UNION TELEGRAPH COMPANY and AMERICAN FEDERATION OF LABOR, COMMERCIAL TELEGRAPHERS' UNION Case No. B-2246 SECOND AMENDMENT TO DECISION AND DIRECTION. OF ELECTION July 8, 1941 On April 14, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding,' directing an election by secret ballot among employees of Western Union Telegraph Company, Pittsburgh, Penn- sylvania, herein called the Company, to determine whether they desire to be represented by Commercial Telegraphers' Union, affiliated with the American Federation of Labor, herein called the C. T. U., or by American Communications Association, Local 54-B, affiliated with the Congress of Industrial Organizations, herein called the A. C. A., or by. neither. On May 12, 1941; the Board issued an Amendment to Decision and Direction of Election 2 in this proceeding, indefinitely postponing the election theretofore directed. The Board hereby amends its Direction of Election, as amended, by striking therefrom the words "at such future time as the Board may hereafter direct" and substituting therefor the words "as. early as possible but not later than August 5, 1941." 3 MR. EDWIN S. SMITH, concurring: At the time of the consideration of this matter by the Board, I dissented from the decision of the majority to refuse to authorize 130 N. L. R. B. 1169. 2 31 N. L. R. B. 861. "On May 12, 1941, the A. C. A. filed with the Board a motion for indefinite postpone- ment of the election in this proceeding for the stated reason that certain employees of the Company, excluded by the Board from participating in the election because of their super- visory duties , have participated in the activities of the C. T. U., have solicited membership therein, have worn union pins, and have disparaged the A. C. A., both on the premises of the Company and at meetings of the C. T. U. Employees who are ineligible to vote in the election because of their supervisory duties should not participate in electioneering even though they are eligible to belong to, and do belong to one or another of the unions on the ballot. 33 N. L. R. B., No. 46. 183 184 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD issuance of a complaint against the Company upon charges of unfair labor practices filed by the A. C. A. and to proceed with the election in the representation case. Under all the circumstances of the case, J feel that at least the admonition contained in footnote,3 of the principal opinion is fully warranted.