Western Union Telegraph Co.

In the Matter of WESTERN UNION TEr.EGRAI'H COMPANY and Co1IMERCIAL TELEGRAPHERS' UNION, A. F. L. Case No. R-270-Decided Augwstt 16, 191,1 Jurisdiction : telegraph operations. Investigation and Certification of Representatives : existence of question : Com- pany refused to accord union t ecognition until certified by the Board ; inter- vening union preseulIn: no evidence of representation and not desiring to appear on the ballot, not accorded a place on the ballot; election necessary. Unit Appropriate for Collective Bargaining : employees in the commercial, traf- fic, and plant departments, but excluding the city superintendent, delivery manager, commercial representative, city foremen, chiet operator, night chief operator, statistical clerk, night telephone supervisor, day telephone supervisor, automatic chief, and automatic supervisor. Mr. E. C. Ziesel, of Chicago, Ill., for the Company. Mr. William, Burke, of Detroit, Mich., and Mr. Clifford Martin and Mr. Richard Hang, of Grand Rapids, Mich., for the A. C. A. Mr. John B. Alcorm, of Detroit, Mich., and Mr. Frank Powers, of Chicago, Ill., for the C. T. U. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 19, 1941, Commercial Telegraphers' Union, A. F. L., herein called the C. T. U., filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Western Union Telegraph Company, Grand Rapids, Michi- gan, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Nation- al Labor Relations Act, 49 Stat. 449, herein called the Act. On June 30, 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 Di- 34 N L R. B., No. 58 336 WESrFERN UNION TELEGRAPH COMPANY 337 rector to conduct it and to provide for an appropriate hearing upon due notice. On July 11, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the C. T. U., and American Communications Association, herein called the A. C. A. Pursuant to notice, a hearing was held on July 18, 1941, at Grand Rapids, Michigan, b6fore Woodrow J. Sandler, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the C. T. U., and the A. C. A. 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. At the commencement of the hearing, the Trial Examiner --ranted a motion of the A. C. A. to intervene in these proceedings. During the course of the hearing the Trial Examiner granted motions of the C. T. U. to amend its petition as to formal matters. The Trial Examiner made several other rulings on motions and objections to the admission of evidence. The Board has reviewed all 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 Western Union Telegraph Company is a New York corporation with its principal office at New York City. It is engaged throughout the United States and in various foreign countries in the receiving and transmission by telegraph and cable of intrastate, interstate, and in- ternational communications. 'In the operation of its national and in- ternational communications system, the Company owns and operates 211,530 miles of pole lines, 4,070 miles of landline cable, 1,876,876 miles of wire, 30,324 nautical miles of ocean cable, and 19,543 telegraph offices. At the close of 1939 the Company employed approximately 44,299 employees. The Company maintains an office in Grand Rapids, Michigan , with which we are here concerned. The Company admits that it is engaged in interstate commerce within the meaning of Sec- tion 2 (6) and (7) of the Act. II. THE ORGANIZATIONS INVOLVED Commercial Telegraphers' Union is a labor organization affiliated with the American Federation of Labor. It admits to membership employees at the Grand Rapids office of the Company. American Communications Association is a labor organization affiliated with the Congress of Industrial Organizations. 338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION The C. T. U. has requested the Company to recognize it as the ex- clusive bargaining representative of the employees at the Grand Rapids office of the Company. The Company denied this request until such time as the C. T. U. is certified by the Board. A statement of the Regional Director, introduced in evidence, shows that, the C. T. U. represents a substantial number of employees at the Grand Rapids office of the Company.' 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. V. THE APPROPRIATE UNIT The Company, the C. T. U., and the A. C. A. agree that all employ- ees in the commercial, plant, and traffic departments at the Grand Rapids office of the Company should be included in the appropriate unit, and that the city superintendent, delivery manager, commercial representative, city foremen, chief operator, night chief operator, and statistical clerk should be excluded. They disagree, however, as to the disposition to be made of certain other classes of employees. The Company and the A. C. A. urge that the night telephone supervisor, day telephone supervisor, automatic chief, and automatic supervisor should be excluded from the unit, on the ground that they are super- visory employees. The C. T. U. contends that all such employees should be included in the unit. The night telephone supervisor, day telephone supervisor, auto- matic chief, and automatic supervisor all have substantially the same degree of authority. They supervise the work of employees under them, assign and distribute work, and report infractions of regula- tions. They earn approximately $15 to $20 a month more than the i The Regional Director reported that the C . T U. presented 63 membership application cards to him bearing the signatures of persons who appear on the Company 's pay roll of 1•Iay 31 , 1941. There are 108 employees on the May 31, 1941 , pay roll. The A . C. A pre- sented no evidence of membership among the employees at the Grand Rapids office and stated that it did not desire to appear on th- ballot in any election in these proceedings WESTERN UNION TELEGRAPH COMPANY 339 persons who work under them. We shall exclude them from the unit because of their supervisory status. We find that all employees in the commercial, plant, and traffic departments at the Grand Rapids office of the Company, excluding the city superintendent, delivery manager, commercial representative, city foremen, chief operator, night chief operator, statistical clerk, night telephone supervisor, day telephone supervisor, automatic chief, and automatic supervisor, constitute a unit appropriate for the pur- poses of collective bargaining, and that said unit will insure to em- ployees of the Company the full benefit of their right to self-organiza- tion 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 the holding of an election by secret ballot. As stated above, the A. C. A. stated that it does not desire to appear on the ballot in any election ordered by the Board in this proceeding. The Company and the C. T. U. took no position with respect to the eligibility date. In accordance with our usual practice, we shall direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Di- rection of Election herein, 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 repre- sentation of employees of Western Union Telegraph Company, Grand Rapids, Michigan, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees in the commercial, traffic, and plant departments at the Grand Rapids office of the Company, excluding the city superin- tendent, delivery manager, commercial representative, city foremen, chief operator, night chief operator, statistical clerk, night telephone supervisor, day telephone supervisor, automatic chief, and automatic supervisor, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining with Western Union Telegraph Company, Grand Rapids, Michigan, 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 Seventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations among all employees in the commercial, traffic, and plant departments at the Grand Rapids office of the Company who were employed 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 city superintendent, delivery manager, com- mercial representative, city foremen, chief operator, night chief oper- ator, statistical clerk, night telephone supervisor, day telephone super- visor, automatic chief, automatic supervisor, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Commercial Telegraphers' Union, affiliated with the American Federation of Labor, for the purposes of collective bargaining. MR. EDWIN S. SMITH took no part in the consideration of the above Decision and Direction of Election.