The Western Union Telegraph Co.

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and AMER- ICAN FEDERATION OF LABOR WESTERN UNION AFFILIATED LOCALS Case No. R-3-336.-Decided January 8,1942 Jurisdiction : telegraph industry. Investigation and Certification of Representatives : existence of question : refusal to accord union recognition until certified by the Board ; union not appearing at the hearing nor presenting evidence of membership, not accorded place on the ballot ; election necessary. Unit Appropriate for Collective Bargaining : all regular employees in the com- mercial, traffic, and plant departments at the Indianapolis, Indiana, office of the Company, including messengers, but excluding confidential and supervisory employees and the line gang. Mr. E. C. Ziesel, of Chicago, Ill., for the Company. Mr. Hugh McKenny, of Chicago, Ill., and Mr. Gerald Bennett, of Indianapolis, Ind., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 8 and 16, 1941, respectively, American Federation of Labor Western Union Affiliated Locals, herein called the Union, filed with the Regional Director for the Eleventh Region (Indianapolis, Indiana) a petition 1 and an amended petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of The Western Union Telegraph Company, Indianapolis, In- diana, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Na- tional Labor Relations Act, 49 Stat. 449, herein called the Act. On October 31, 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- I The petition was filed by Western Union Telegraph Workers Union No. 22751. This organization is now a part of the Union. 38 N. L. R. B., No. 19. 84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Series 2, as amended, ordered an investigation and authorized the Re- gional Director to conduct it and to provide for an appropriate hearing upon due notice. On November 4, 19411 the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the Union, and upon American Communications Association, herein called the A. C. A. Pursuant to notice, a hearing was held on November 27, 1941, at Indianapolis, Indiana, before Arthur R. Donovan, the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany and the Union were represented and participated in the hearing. The A. C. A. did not appear at the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues was afforded all parties. At the com- mencement of the hearing, the Trial Examiner introduced a motion filed by the A. C. A. with the Regional Director to dismiss the petition on the ground that no such organization as filed the petition existed. The Regional Director and the Trial Examiner reserved ruling there- on. The motion is hereby denied. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed these rulings 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 The 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 international communications. In the operation of its national and international communications' system, the Company owns and/or op- erates 210,311 miles of pole lines, 4,082 miles of land-line cable, 1,878,- 197 miles of wire, 30,312 nautical miles of ocean cable, and 19,140 tele- graph offices. At the close of 1940, the Company employed 51,153 persons. The Company maintains offices at Indianapolis, Indiana, with which we are here concerned. It admits that it is engaged in commerce within the meaning of the Act. H. THE ORGANIZATION INVOLVED American Federation of Labor Western Union Affiliated Locals is a labor organization affiliated with the American Federation of Labor. THE WESTERN UNION TELEGRAPH C'OMTANY 85 It admits to membership employees at the Indianapolis, Indiana, of- fices of the Company. . III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive repre- sentative of its employees at the Indianapolis office until such time as it is certified by the Board. A statement of the Regional Director, introduced in evidence at the hearing, shows that the Union represents a substantial number of employees in the unit which it alleges is appropriate.2 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 Union and the Company agree that all regular employees in the commercial, traffic, and plant departments in the metropolitan Indianapolis office of the Company, excluding supervisory and con- fidential employees 3 and the line gang, constitute an appropriate unit. The Union urges that messengers be included in the unit. The Company stated that its position with respect to the messengers was the same as in the case involving the Chicago office of the Com- pany. For the reasons indicated in our Decision in the Chicago case 4 we find that regular messengers should be included in the unit. We find that all regular employees in the commercial, traffic, and plant departments at the metropolitan Indianapolis office of the Com- pany, including messengers, but excluding confidential and super- 2 The Regional Director reported that the Union presented authorization or membership cards signed by 167 persons whose names appear on the Company 's pay roll for the Indian- apolis office. There are approximately 313 employees at the Indianapolis office. 3 The parties agreed that the positions listed in Appendix A are supervisory or confidential positions. 4 Matter of the Western Union Telegraph Company and Telegraph Workers Independent Union, et al., 36 N. L. R. B. 812. 86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD visory employees and the line gang, constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise 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 the holding of an election by secret ballot. 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 Direction of Election herein, subject to the limitations and additions set forth in the Direction. The A. C. A. notified the Regional Director by letter on November 26, 1941, that it claimed a substantial interest among the employees in the metropolitan Indianapolis office and desired to participate in any election directed by the Board. Although the A. C. A. was ac- corded an opportunity to present evidence of its membership it did not do so and as stated above did not appear at the hearing in the instant proceeding. We shall not accord a place to the A. C. A. on the ballot. 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, Indianapolis, Indiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of -the National Labor Relations Act. 2. All regular employees in the commercial, traffic, and plant de- partments at the metropolitan Indianapolis office of the Company, including messengers, but excluding confidential and supervisory em- ployees and the line gang, constitute a unit appropriate for the pur- poses 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 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 IIE WESTERN UNION TELEGRAPH COMPANY 87 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, Indianapolis, Indiana, 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 Elev- enth 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 regular employees in the commercial, traffic, and plant departments at the metropolitan Indianapolis office of the Company who were employed during the pay-roll period imme- diately preceding the date of this Direction, including messengers and 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 confidential and supervisory employees, the line gang, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by American Federation of Labor West- ern Union Affiliated Locals, affiliated with the American Federation of Labor, for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the. consideration of the above Decision and Direction of Election. - APPENDIX A . Commercial Department Superintendent Confidential stenographer Commercial representative Confidential clerk Manager delivery department Chief bookeeper Traffic Department Clerical supervisor Night traffic managers Telephone supervisors Testing and regulating chief Assistant chief operator Morse Statistical clerk Traffic manager Automatic chief In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and AMERICAN FEDERATION OF LABOR WESTERN UNION AFFILIATED LOCALS Case No. R-3336 CERTIFICATION OF REPRESENTATIVES February 14,194 On January 8, 1942, 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 January 30, 1942, under the direction and supervision of the Regional Director for the Eleventh Region (Indianapolis, In- diana). On February 2, 1942, 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 : Total on eligibility list_______________ -------------------------------------- 263 Total ballots cast___________________________________________ 181 Total ballots challenged_____________________________________ 1 Total blank ballots__________________________________________ 0 Total void ballots__ _________________________________________ 0 Total valid votes counted____________________________________ 180 Votes cast for American Federation of Labor Western Union Affiliated Locals, affiliated with the A. F. L__________________ 177 Votes cast against American Federation of Labor Western Union Affiliated Locals, affiliated with the A. F. L___________________ 3 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 American Federation of Labor Western Union Affiliated Locals, affiliated with the American Federation of Labor, has been designated and selected by a majority of all regular 138 N. L. R.B.83. 38 N. L. R. B, No. 19a. 88 THE WESTERN UNION TELEGRAPH COMPANY 89 employees in the commercial, traffic, and plant departments at the Metropolitan Indianapolis office of The Western Union Telegraph Company, including messengers, but excluding confidential and super- visory employees and the line gang, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, American Federation of Labor Western Union Affiliated Locals, affiliated with the American Federation of Labor, is the exclu- sive 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.