The Western Union Telegraph Co.

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and - UNITED WESTERN UNION EMPLOYEES OF BUFFALO Case No. R-2330 SECOND AMENDMENT TO DIRECTION OF ELECTION September 3, 1941 On May 31, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above- entitled proceedings.1 On June 21, 1941, the Board issued an Amend- ment to Direction of Elections,' postponing the election indefinitely. Having considered the matter further, the Board is of the opinion that an election may appropriately be held at this time. The Board hereby amends its Direction of Election, as amended, by striking therefrom the words "at such time as the Board shall here- after direct," and substituting therefor the words "as early as pos- sible, but not later than thirty (30) days from the date of this Second Amendment to Direction of Election," and by striking therefrom the words "a pay-roll period which the Board shall in the future specify," and substituting therefor the words "the pay-roll period immediately preceding the date of this Second Amendment to Direction, of Election." 35 N. L. R. B., No 29. / [SAME TITLE] CERTIFICATION OF REPRESENTATIVES October 9, 1941 On May 31, 1941, the National Labor Relations Board issued a Decision and Direction of Election,' on June 21, 1941, an Amendment to Direction of Election,' and on September 3, 1941, a Second Amend- ment to Direction of Election,3 in the above-entitled proceedings. Pursuant to the Direction of Election, as amended, an election by secret ballot was conducted on September 24, 1941, under the direction and supervision of the Regional Director for the Third Region (Buf- falo,, New York). On September 25, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations 132 N. L R B 210 2 32 N L R. B. 217. 141 451270-42-col 35-11 148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties his Election Report. No 'objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list------------------------------------- 353 Total ballots cast-------------------------------- --------- 232 Total ballots challenged__________________________ --------- I Total blank ballots------------------------------------------ 0 Total void ballots------------------------------------------- 0 Total valid votes cast--------------------------------------- 231 Votes cast for United Western Union Employees of Buffalo-- 173 Votes cast against United Western Union Employees of Buffalo_ 58 Since the challenged ballot cannot affect the results of the election, we find it unnecessary to pass upon the challenge. 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, 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 CERTIFIED that United Western Union Employees of Buffalo has been designated and selected by a majority of the employees of The Western Union Telegraph Company at Buffalo, New York, in the traffic department, commercial department (including messen- gers), plant department and accounting department, excluding the traffic manager, night traffic managers, assistant chief operator (Morse and automatic), assistant chief operator (telephone), chief clerk, test- ing and regulating chief, night testing and regulating chiefs, wire chief, repeater chief, automatic chief, senior supervisor, teleprinter supervisors, routing supervisors, and telephone supervisor, in the traf- fic department ; the superintendent, chief clerk, delivery manager, chief commercial representative, and temporary messengers, in the commercial department; the accounting center manager in the ac- counting department; and the maintenance foreman in the plant de- partment, as their representative for the purposes of collective bargain- ing, and that, pursuant to Section 9 (a) of the National Labor. Relations Act, United Western Union Employees of Buffalo 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. 35 N. L. R. B., No. 29a.