The Western Union Telegraph Co., Inc.

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY, INC. and THE COMMERCIAL TELEGRAPHERS' UNION Case No. R-2886.-Decided September 8,1941 Jurisdiction : telegraph industry. Investigation and Certification of Representatives : existence of question: re- fusal of Company to accord union recognition until it is certified by the Board; temporary messengers hired on occasion by a national telegraph company although not on pay roll of Company at trine of hearing held ineligible to vote ; substitute janitor hired for a two-week period held ineligible to vote; election necessary. Unit Appropriate for Collective Bargaining : partial system unit: employees of the Company at Dayton, Ohio, in the traffic, commercial, and plant depart- ments, but excluding °the chief operator, automatic chief, early night assistant automatic chief, late night assistant automatic chief, automatic supervisors, telephone supervisors, and the statistical clerk in the traffic department, the superintendent, delivery manager, office manager (cashier), and commercial representative in the commercial department, the city foremen in the plant department, the Company attorneys, temporary messengers, and a specifically named employee. Mr. E. C. Ziesel, of Chicago, Ill., for the company. Mr. Frank B. Powers, of Chicago, Ill., and Miss M. A. Hamilton, of Dayton, Ohio, for the C. T. U. Mr. Gilbert V. Rosenberg, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 15, 1941, Commercial Telegraphers' Union, herein called the C. T. U., filed with the Regional Director for the Ninth Region (Cincinnati, Ohio) a petition alleging that a question affecting com- merce had arisen concerning the, representation of employees of The Western Union Telegraph Company, Inc., Dayton, Ohio, herein called the Company, and requesting an investigation and certification of rep- resentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 30, 1941, the Na- tional Labor Relations Board, herein called the Board, acting pur- 35 N. L. R. B., No. 55. 271 272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD suant 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. On August 711941, 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, a labor organiza- tion claiming to represent employees directly affected by the investi- gation. Pursuant to notice, a hearing was held on August 13, 1941, at Dayton, Ohio, before Harold E. Weston, the Trial- Examiner duly designated by the Chief Trial Examiner. The Company and the C. T. U. were represented, and participated in the hearing. 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 various 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 BUSINFSS OF THE COMPANY The Western Union Telegraph Company, a New York corporation with its principal office in New York City, is engaged throughout the United States and in foreign countries in the receiving and transmis- sion by telegraph and cable of intrastate, interstate, and international communications. At the close of 1939 the Company employed, approximately 44,000 persons. The present proceeding concerns approximately 100 employees of the Company at Dayton, Ohio. The Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED Commercial Telegraphers' Union is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. . III. THE QUESTION CONCERNING REPRESENTATION On or about March 12, 1941, the C. T. U. asked the Company for recognition as the exclusive bargaining representative of its employees at Dayton. The Company refuses to accord such recognition.to the C. T. U. until certified by the Board. THE WESTERN UNION TELEGRAPH COMPANY, INC. 273, A statement read into the record by the Trial Examiner shows that the C. T. U. represents a substantial number of employees in the unit hereinafter found 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 with foreign countries and tends to lead to labor disputes burdening- and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The C. T. U. and the Company 2 agree, and we find, that the- employees of the Company at Dayton, Ohio, in the traffic, commercial,. and plant departments constitute an appropriate bargaining unit. The C. T. U. and the Company also agree to exclude from the unit as supervisory employees the chief operator, automatic chief, and the early night assistant automatic chief who acts as the night chief oper- ator, in the traffic department; and the superintendent, delivery- manager, office manager (cashier), and commercial representative in the commercial department. They would also exclude the Company attorneys. Under the circumstances, we shall exclude these persons. from the unit. The C. T. U. would include within the unit, and the Company would exclude, the late night assistant automatic chief, automatic supervisors, telephone supervisors, and the statistical clerk, all em- ployed in the traffic department. The late night assistant automatic- chief is in charge of the traffic department on the late night tour.. He has two employees under him. He has the same degree of authority over his subordinates as has the early night assistant automatic chief, whom the parties have agreed to exclude. The- automatic supervisors and telephone supervisors have the same gen- eral authority in their respective departments. They assign work to persons working under them and have authority to recommend dis- cipline. The statistical clerk maintains and keeps all confidential ' The Trial Examiner reported that the C . T. U. submitted membership petitions signed by 48 persons whose names appear on the Company's pay roll for the week beginning August 11 , 1941, which lists 107 names. ' In its comment on the unit, the Company added that although It considers a Nation-wide unit appropriate, it would adjust itself to any unit found to be appropriate by the Board. 274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD records including pay rolls and individual employee ratings in the traffic department. Apparently she also acts as the confidential clerk to the chief operator. We are of the opinion that she is essentially identified with management and should be excluded from the unit. Under the circumstances, we shall exclude all the foregoing em- ployees from the Unit .3 The C. T. U. would include within the unit, and the Company would exclude, the city foreman in the plant department. The latter is a working foreman who heads the plant department in Dayton, and as such is responsible for the work of the two employees under him. We have consistently excluded city foremen from the city-wide units and we shall exclude him in this instance.' We find that all employees of the Company at Dayton, Ohio, in the traffic, commercial, and plant departments, excluding the chief oper- ator, automatic chief, early night assistant automatic chief, late night assistant automatic chief, automatic supervisors, telephone supervisors, and the statistical clerk in the traffic department, the superintendent, delivery manager, office manager (cashier), and com- mercial representative in the commercial department, the city fore- man in the plant department, and the Company attorneys, constitute a unit appropriate for the purposes of collective bargaining, and that said 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. would exclude temporary messengers from partici- pation in the election. Although at the time of the hearing there were no temporary messengers'on the Company's pay roll, the record shows that on occasion the Company hires from 15 to 20 temporary messengers. We find that temporary messengers are not eligible to vote in the election. The August 11, 1941, pay roll lists the name of one employee, Charles Fletcher, who was hired as a substitute janitor for a period of two weeks. We find that Fletcher is not eligible to vote in the election. We shall direct that an election be held among those employees within the appropriate unit who were employed by the Company 8 See Matter of The Western Union Telegraph Company and National Western Union Council o f F. of L. Federal Unions and C. T. U. Locals, 31 N. L. R. B. 980. * See Matter of The Western Union Telegraph Company, A . F. of L. and Commercial Telegraphers' Union, 31 N. L. R. B. 974.. Matter of 11 estern Union Telegraph Com- pany and National Western Union Council of A. F. of L. Federal Unions and C. T. U. Locals, 31 N. L. R. B. 500. THE WESTERN UNION TELEGRAPH COMPANY, INC. 275 during the pay-roll period immediately preceding the date of this Direction of Election, subject to such limitations and additions as are set forth in the Direction. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the rep- resentation of employees of The Western Union Telegraph Com- pany, Inc., Dayton, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the Company at Dayton,.Ohio, in the traffic, commercial, and plant departments, excluding the chief operator, automatic chief, early night assistant automatic chief, late night assistant automatic chief, automatic supervisors, telephone super-' visors, and the statistical clerk in the traffic department, the super- intendent, delivery manager, office manager (cashier), and the com- mercial representative in the commercial department, the city fore- men in the plant department, and the Company attorneys, 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 DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with The Western Union Telegraph Company, Inc., Dayton, Ohio, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date, of this Direction, under the direction and supervision of the Regional Director for the Ninth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees of the Company at Dayton, Ohio, in the traffic, commercial, and plant departments, who were em- ployed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding the chief operator, automatic chief, early night 451270-42-vol 35-19 276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD assistant automatic chief, late night assistant automatic chief, auto- matic supervisors, telephone supervisors, and the statistical clerk in the traffic department, the superintendent, delivery manager, office manager (cashier), and commercial representative in the commercial department, the city foremen in the plant department, the Company attorneys, temporary messengers, and Charles Fletcher, and em- ployees who have since quit or been discharged for cause, to deter- ;nine whether or not they desire to be represented by Commercial Telegraphers' Union for the purposes of collective bargaining. 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