Western Union Telegraph Co.

In the Matter Of WESTERN UNION TELEGRAPH COMPANY and COM- MERCIAL TELEGRAPHERS UNION, EL PASO DISTRICT No. 68 Case No. C-2000.-Decided December 6,1941 Jurisdiction : telegraph industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on' stipulation. Mr. Albert P. Wheatley, for the Board. Mr. C. J. Ince, for the respondent. Mrs. Augusta"Spaulding, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Commercial Telegraphers Union, El Paso District No. 68, herein called the Union, the National Labor Relations Board, herein called the Board, by Edwin A. Elliott, --the Regional Director for the Sixteenth Region (Fort Worth, Texas), issued its complaint dated May 3, 1941, against Western Union Telegraph Company, El Paso, Texas, alleging that the respondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notice of hearing were duly served on the respondent and the Union. On May 13. 1941, the Regional Director issued and duly served upon the parties a notice indefinitely postponing such hearing. On Augustl 18, 1941, the respondent and the Board's attorney entered into a stipulation in settlement of the case subject to the approval of the Board. The stipulation provides as follows : It is hereby stipulated and agreed by and between the Western Union Telegraph Company, hereinafter referred to as the Respondent, and Albert P. Wheatley, Attorney, National Labor Relations Board : 37 N. L R. B., No. 58. 354 WESTERN UNION TELEGRAPH COMPANY 355 1. That the Respondent is a corporation organized, and exist- ing pursuant to the '-laws - of the State of New York, with its principal office being located in New York City. Respondent is engaged throughout the, United States and in various foreign countries in the receiving and transmission by telegraph and cable of intrastate, interstate, and international communications. 2. That in the United States, Respondent maintains a vast system of wires and network connecting with virtually every city; town, and hamlet, including El Paso, Texas, for the purpose of receiving and transmitting communications. In addition to its communication system in the United States,' the Respondent owns or leases cables connecting directly' or in certain points in foreign countries and in the United States. ' 3. That in operating its national and international communi- cations system, the Respondent owned and operated as of De- cember 31, 1940, 210,311, miles of pole lines,,4,082 miles of land cable, 1,878,197 miles of wire, 30,312 nautical miles of•ocean cable, and 19,140 telegraph offices, not including telegraph, agency stations. 4. That Respondent admits the allegations of Paragraphs 1, 2 and 3 of the Complaint heretofore issued in this matter, and that it is engaged in interstate commerce within the meaning of the National Labor Relations Act. ' 5. That Respondent hereby waives its right to a hearing in this cause and to all further or other procedure provided by the National Labor Relations Act or the Rules and Regulations of the National Labor Relations Board, including the making of findings of fact and conclusions of law. 6. That the following papers, may. be introduced into the rec- ord in this proceeding by filing them with the Chief Trial Exam- iner of the National Labor Relations Board in Washington, D. C., and that when said papers have been so filed they shall constitute the entire record herein : (1) This Stipulation (2) The Complaint heretofore issued herein. on May 3, 1941 (3) The Amended Charge filed at herein January 27, 1941 (4) The Notice of Hearing heretofore issued herein on May 3, -1941. (5) Affidavit as to Service of a copy of the aforesaid" Com- plaint and Notice of Hearing, and of the Rules and Regula- tions of the National Labor Relations Board, Series 2, as amended. 7. That the Commercial Telegraphers Union, El Paso District 68, is a labor organization within the meaning of Section 2, sub- 356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD section (5) of the National Labor Relations Act and is affiliated with the American Federation of Labor. 8. That this, Stipulation shall not be considered as an admission that Respondent or its agents have engaged in or are engaging in the unfair labor practices alleged in the Complaint heretofore issued in this matter, and Respondent expressly denies that it or its agents have engaged in such unfair labor practices. 9. That on the basis of this stipulation and the record herein as described above in Paragraph 6. the National Labor Relations Board may forthwith or at any future time issue an Order in the following form in the above-entitled matter : ORDER Upon the record herein, including 'a Stipulation dated August 18, 1941, the National Labor Relations Board hereby orders that the Respondent, the Western Union Telegraph Company of New York, New York, and its officers, agents, successors or as- signs at El Paso, Texas, 1. Shall not (a) interfere with, restrain, or coerce its employees in the exercise of their right to self-organization, by making inquiries or seeking information from its employees concerning affiliation or non-affiliation with labor organizations by promising promo- tions or other advantages to its employees if they refrain from union activity, and by threatening employees with 'discharge or other reprisals because of their activities in or on behalf of labor organizations; (b) in any manner discourage membership in the Commer- cial Telegraphers Union, El Paso District No. 68, or any other labor organization of its employees by discriminating in regard to their hire or tenure of employment because of their member- ship in or activities in behalf of any such labor organization; (c) in any other manner interfere with, restrain or coerce its employees in the exercise of their right to self-organization, to form,.join, or assist labor organizations, to bargain collec- tively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bar- gaining or other mutual aid or protection as guaranteed in Sec- tion 7 of the National Labor Relations Act. 2. The Western Union Telegraph Company, the Respondent, shall take the following affirmative action to effectuate the poli- cies of the National Labor Relations Act : (a) Offer to O. W. Reagan reinstatement to his former posi- tion or substantially equivalent employment in El Paso, or WESTERN UNION TELEGRAPH COMPANY 357 employment as manager of the Respondent's "DR" Branch, Office at El Paso, Texas at the rate- of pay he was receiving when discharged, without prejudice to all rights and privileges previously enjoyed by said O. W. Reagan, and without preju- dice to the legal rights and powers of the Respondent. (b) Make whole O. W. Reagan for any loss of pay which he has suffered by reason of his discharge, by payment'to him of a sum of money equal to the amount he would normally have earned as wages from the date of his discharge to the date of the Respondent's offer of reinstatement or of employment'pur suant to Section 2 (a) of this order, less his net earnings, during the said period.' r (c) Post immediately in conspicuous places throughout its; place of business in El Paso, Texas and maintain for a period of at least sixty (60) consecutive days notices stating that: (1) The Western Union Telegraph Company will not en- gage in the conduct contemplated in Paragraphs 1 (a), (b) and (c) of this Order. (d) Notify the Regional Director for the National Labor. Relations Board for the Sixteenth Region within ten (10), days from-the,date of this'Ofder'of the'steps Respondent has, taken to comply herewith. 10. That O. W. Reagan shall at all times perform his duties. in a careful and-efficient manner and shall be subordinate to the. superior employees of the Respondent in the performance of his duties. 11. That the Respondent hereby consents to the entry by the United States Circuit Court of Appeals for the appropriate circuit, upon application by the Board, of a consent decree en, forcing an order of the Board in the form hereinabove set forth,, and hereby waive further notice of the application for such decree. 12. That the entire agreement between the parties hereto is contained within the terms of this Stipulation, and there is no, verbal agreement of any kind which varies, alters, or adds to this Stipulation. 13. That this Stipulation supersedes and is in substitution of a certain settlement stipulation executed by the parties hereto. and dated May 16, 1941. ' By net earnings is meant earnings less expenses such as for transportation, room, and board incurred in connection with obtaining work or working elsewhere than for the. Respondent which would not have been incurred but for the discharge and,, the conse- quent necessity of seeking employment elsewhere . Benefits received from state unemploy- ment compensation funds or ether public funds not assimilating "work relief" earnings are not to be deducted from the amcunt otherwise due 0 W Reagan. 433257-42-VOL. 37--24 358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 14: That it is understood and agreed that this Stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon the granting of such approval. On October 16, 1941, counsel for the respondent consented to the deletion of paragraph, 10 of the aforesaid stipulation. On November 8, 1941, the Board having duly considered the matter, issued its order approving the stipulation as thus modified nuns pro tune as of Octo- ber 17, 1941, making it a part of the record in the case, and transfer- ring the case to the Board for the purpose of entry of a Decision and Order by the Board, pursuant to the provisions of the stipulation, as modified. On the basis of the above stipulation, as modified, and the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Western Union Telegraph Company is engaged throughout the United States and in various foreign countries, in the receiving and transmission by telegraph and cable of intrastate, interstate, and international communications. The respondent maintains a vast sys- tem of wires and network connecting with virtually every city, town, and hamlet, including El Paso, Texas, for the purpose of receiving and transmitting communications. In addition to its communication system in the United States, the respondent owns or leases cables connecting directly or indirectly certain points in foreign countries and in the United States. As of December 31, 1940, in operating its national and international system, the respondent owned and oper- ated 210,311 miles of pole lines, 4,082 miles of land cable, 1,878,197 miles of wire, 30,312 nautical miles of ocean cable, and 19,140 tele- graph offices, not including telegraph agency stations. The respond- ent admits that it is engaged in commerce within the meaning of the Act. We find that the above-described operations constitute a continuous flow of trade; traffic, and commerce among the several States and foreign countries. - ORDER Upon the record herein, including a Stipulation dated August 18, 1941, as'modified, the National Labor Relations Board hereby orders that the Respondent, the 'Western Union Telegraph Company of New York,' New York, and, its officers, agents, successors or assigns at El , Paso,, Texas, WESTERN 'UNION' TELEGRAPH COMPANY '359 1. Shall not : (a) Interfere with, restrain, or coerce its employees in the exer- cise of their right to self-organization, by making inquiries or seeking information from its employees concerning affiliation or non- affiliation with labor organizations by promising promotions or other advantages to its employees if they refrain from union activity, and by'threatening employees with discharge or other reprisals because of their activities in or on behalf of labor organizations; (b) In any manner discourage membership in the Commercial Telegraphers Union, El Paso District No. 68, or any other labor organization of its employees by discriminating 'in regard to their hire or tenure of employment because ^ of their membership in or activities in behalf of any such labor organization ; (c) In any other manner interfere with, restrain or coerce its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage, in concerted activities for the purpose of collective bargaining or, other mutual aid or protection as guaraiiteed'in Section 7 of the National Labor Rela- tions Act. 2. The Western Union Telegraph Company, the Respondent, shall take the following affirmative action to effectuate the policies of the National Labor Relations Act : - ` (a) Offer' to O. W. Reagan `reinstatement ' to his former position or substantially equivalent employment in El Paso, or 'employment as manager of the Respondent's "DR" Branch Office ' at El Paso, Texas at the rate of pay he was receiving when discharged, without prejudice to all rights and privileges previously enjoyed by said O. W. Reagan, and without prejudice to the legal rights and powers of the Respondent.- --- (b) Make whole O. W. Reagan for any loss of pay which he has suffered by reason of his discharge, by payment to him of a sum of, money equal to the amount he would normally have earned as wages from the date of his discharge to the date of the Respondent's offer of reinstatement or of employment pursuant to Section 2 (a) of this Order, less his net earnings during the said period. (c) Post immediatetly in conspicuous places throughout its place of business in El Paso, Texas and maintain fora period of at least sixty (60) consecutive days notices stating that: (1) The Western Union Telegraph Company will not engage in ,the conduct contemplated in Paragraphs 1 (a), (b) and (c) of this Order; (d) Notify the Regional Director for the National Labor Relations Board for the Sixteenth Region within ten (10) days from the date of this Order of the steps respondent has taken to comply herewith.