The Western Union Telegraph Company And American Federation Of Labor Western Union Affiliated Locals, 83 (1942)

In the Matter of THE WESTERN UNION TELEGRAPH COMPANY and AMERICAN FEDERATION OF LABOR WESTERN UNION AFFILIATED LOCALS Case No. R-3336.-Decided January 8, 1949 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 commercial, 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 STATEMEN.T 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 employees of The Western Union Telegraph Company, Indianapolis, Indiana, 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 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'The petition was filed by Western Union Telegraph Workers Union No. 22751. This organization is now a part of the Union.

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 November 4, 1941, the Regional Director issued a notice of hearing, 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 Company 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 evidence bearing on the issues was afforded all parties. At the commencement 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 thereon. 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 I. 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...