The Western Union Telegraph Co., Inc.

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY, INC. and THE COMMERCIAL TELEGRAPHERS UNION, AFL Case No. R-3030.Decided October 17, 1941 Jurisdiction : telegraph industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : employees of the Company in its traffic, delivery, plant, and commercial departments in the City of Springfield, Ohio, including regular and part-time regular messengers, but excluding the manager and temporary messengers called for distribution. Mr. E. C. Ziesel, of Chicago, Ill., for the Company. Mr. Frank B. Powers, of Chicago, Ill., for the Union. Mr. Ralph S. Clifford, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 15, 1941, The Commercial Telegraphers Union, AFL, herein called the Union, filed a petition with the Regional Director for the Ninth Region (Cincinnati, Ohio) alleging that a question affecting commerce had arisen concerning the representation of em- ployees of The Western Union Telegraph Company, Inc., Springfield, Ohio, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On September 9, 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. On September 13, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and 36 N. L. R. B., No. 37. 210 THE WESTERN UNION TELEGRAPH COMPANY, INC. 211 the Union.- Pursuant to notice, a hearing was held on September 19, 1941, at Springfield, Ohio, before Harold Weston, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. No objections to the admission of evidence and no exceptions to rulings of the Trial Examiner were made during the hearing. 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 I. THE BUSINESS OF THE COMPANY The Western Union Telegraph Company, Inc., a New York cor- poration with its principal office in New York City, is engaged throughout the United States and in foreign countries in the receipt and transmission by telegraph and cable of intrastate, interstate, and international communications. In the operation of its national and international communications system the Company owns and/or op- erates 211,530 miles of pole lines, 4,070 miles of land-line cable, -1,876,- 876 miles of wire, 30,324 nautical miles of ocean cable, and 19,563 telegraph offices. The present proceedings concern only those em- ployees of the Company working in its Springfield, Ohio, office, where the Company employs approximately 29 persons. The Company admits that it is engaged in commerce within the meaning of the Act. IT. THE ORGANIZATION INVOLVED The Commercial Telegraphers Union is a labor organization affili- ated with the American Federation of Labor and admits to member- ship employees of the Company at Springfield, Ohio. III. THE QUESTION CONCERNING REPRESENTATION On March 17, 1941, the Union requested officials of the Company for exclusive bargaining recognition and the Company refused and does now refuse to accord such recognition to the Union until it has Copies were also served upon American Communications Association . However, that labor organization neither appeared at the hearing nor took any other part in the pro- ceedings . On September 13, 1941, the Regional Director, by letter, notified Telegraph Workers Independent Union of the hearing . On September 15, 1941, that labor organ- ization, by letter, notified the Regional Director that it did not desire to intervene in the proceedings , and it neither appeared at the hearing nor took any other part in the proceedings. 212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD been duly certified by the Board. The Union represents a substantial number of 'employees in the unit hereinafter found appropriate.2 We find that a question has arisen concerning the representation of employees of the Company. IV. TtFIE 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 At the hearing the Company and the Union stipulated and agreed that "all employees employed by the Company in its traffic, delivery,3 and plant departments in the city of Springfield, Ohio, excluding the manager, properly belong within the appropriate bargaining unit." The Company and the Union also agree that all persons employed by the Company in its commercial department in the city of Springfield, Ohio, should be a part of the appropriate bargaining unit, except that the Company and the Union are in disagreement as to the inclusion of messengers, the Union urging their inclusion and the Company their exclusion .4 The Union contends that "the regular and part-time regular messengers should be included in the unit, because they are part of, and play the role of, employees and are entitled to have a voice in the choice of their bargaining unit, and the organization to repre- sent them." The record discloses that the Springfield, Ohio, office of the Com- pany includes in its commercial department two classes of messengers- one class designated as regular and part-time regular messengers, the other as temporary messengers called for distribution. The tempo- rary messengers are called for work as distributors at intervals of 2 The Union submitted to the Trial Examiner 22 petitions for membership in the Union ; 17 were dated March 1941, while 5 were dated October 1940, and all appear to bear genuine signatures. Fourteen of the signatures appear on the Company's pay roll of September 13, 1941, which includes 29 employees in the unit hereinafter found to be appropriate. 3 The record does not disclose what employees are included within the "delivery" de- partment. Although the delivery department usually refers to messengers, the parties are in disagreement as to the exclusion or inclusion of messengers, as hereinafter set out. 4 The company representative stated at the hearing that "it is the contention of the Company that small units are difficult to handle and that in general nothing less than a State-wide unit is desirable. However, it leaves this matter entirely to the Board . . . He stated further that "a proper unit is the national unit and in agreeing to any other unit, it is for the purpose of expediting the program pending such type of organization." THE WESTERN UNION TELEGRAPH COMPANY, INC. 213 approximately every 3 to 4 months, and usually work in the interim for other employers or attend school.'-' We shall, in accordance with our usual practice, include the employees of the Company classified as regular and part-time regular messengers in the appropriate unit. We shall exclude from the appropriate unit the employees classified as temporary messengers called for distribution, since they work for the Company only occasionally and for short periods of time. We find that all employees of the Company in its traffic, delivery, plant, and commercial departments in the city of Springfield, Ohio, including regular and part-time regular messengers, but excluding the manager and temporary messengers called for distribution, 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 other- wise will 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. At the hearing the Company and the Union agreed that eligibility to vote in the election should be determined by the pay-roll period immediately preceding this Direction of Election. Our Direction of Election will so provide, subject- to such other limitations and addi- tions 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 repre- sentation of employees of The Western Union Telegraph Company, Inc., Springfield, Ohio, within the meaning of Section 9 (c) and Sec- tion 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the Company in its traffic, delivery, plant, and commercial departments in the city of Springfield, Ohio, including regular and part-time regular messengers, but excluding the manager and temporary messengers called for distribution, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section' 9 (b) of the National Labor Relations Act. 5 Although the Union's position as to temporary employees is indefinite , the statement of the union representative at the beginning of the hearing was, "the Union requests that the appropriate unit be declared to be the area of Springfield , Ohio, and all employees of traffic, commercial , delivery, messenger , and plant departments in Springfield, Ohio, excluding those having the right to hire and fire and Company attorneys ; also those employees known as temporary or emergency messengers." 214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTION By virtue of and pursuant to the authority vested in the National Labor ' Relations Board by Section 9 (c) of the National Labor Rela- tions 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 ordered by the Board to ascertain representatives for the purposes of collective bargaining with The Western Union Telegraph Company, Inc., Springfield, 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 Relations Board, among all employees of the Company in its traffic, delivery, plant, and commercial departments in the city of Springfield, Ohio, who were employed during the pay-roll period immediately pre- ceding the date of this Direction, including regular and part-time regular messengers and employees who did not work during said 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 manager, temporary messengers called for distribution, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by The Com- mercial Telegraphers Union, AFL, for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election. [SAME TITLE] CERTIFICATION OF REPRESENTATIVES November 24,1941 On October 17, 1941, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceeding Pursuant to the Direction of Election, an election by secret ballot was conducted on October 30, 1941, under the direction and super- vision of the Regional Director for the Ninth Region (Cincinnati, Ohio). On October 31, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report on the ballot. 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 : Number of alleged eligible voters--------------------------- 24 Number of ballots placed in the ballot box--------------------- 22 Number of unchallenged ballots for the Commercial Telegraphers Union, A. F. of L------------------------------------------ 21 Number of unchallenged ballots against the Commercial Telegra- phers Union, A. F. of L------------------------------------ 1 Number of challenged ballots-------------------------------- 0 Number of blank ballots------------------------------------- 0 Number of spoiled ballots------------------------------------ 0 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions 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 Commercial Telegraphers Union, A. F. of L., has been designated and selected by a majority of all employees of The Western Union Telegraph Company, Inc. in its traffic, delivery, plant, and commercial departments in the City of Springfield, Ohio, including regular and part-time regular messengers, but excluding 136 N. L. R. B., No. 37. 215 216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the manager and temporary messengers called for distribution, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (c) of the Act, Commercial Telegraphers Union, A. F. of L., 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. 36 N. L. R. B. No. 37a.