Evening star., 1938-10-16
LABOR CASE LOST
YWESTERNUN|0N
N. l. R. B.'s Examiner holds
1t Dominates Employees
Association.

Charging that the 20-year -old Asso-
eiation Western Union Employees is
company dominated, Alvin j. Rock
well, . trial examiner for the Ma.
tienal Labor Relations Board, yester-
day recommended that the. board
order the organization disestablished
and require the Western Union Tele-
graph Co. to return to employees all
money now on hand that has been
collected as dues except death benefit
funds administered by the association.
Examiner Rockwens investigation
was based on a complaint by the
American Communications Associa-
ton, c. I. o. affiliate, which &C
cused the telegraph company of inter-
fering with the rights of its employees
to organize freely, for collective bar
gaining. The question Of a proper
bargaining agency was not raised
The Western Union has 10 days to
file its answer.
Established in 1918.
The employe group, the examiners
report shows. was established in June
and July, 1913, just before the Gov
ernment took over wire services undef
wartime control. and in period when
the Western Union was resisting bit
terly the efforts of the Commercial
Telegraphers' Union of Ameriea-an
American Federation of Labor. anil
iate-to organize the wire workers.
This opposition, it was disclosed, had
resulted in dismissal of employees who
had joined the union and had been
productive of system of espionage
that had continued as late as 1888,
according to the examiner
The employer-employe agreement
which brought the association into
being, Examiner Rockwell says, was
in good part along lines laid down
by Newcomb Carlton, then president
and now chairman of the board Of
Western Union. Embodying various
bargaining provisions, it set forth that
the company agrees to hereafter pre-
fer for employment those applicants
for positions who indicate their will
ingness to become members Of the
association" A supplemental agree
ment. adopted at the same time. pro-
vided for restoration TO service Of
employees who had been dropped be
cause of undesirable Affiliations" pro-
vided they had committed no un-
toward acts against the company.
would drop the outside Affiliations,
and join the association.
The company, the examiner, said,
contended "the ground of its ohiec~
ton to outside labor orgs was
their willingness to employ the strike.
and that as a great public service en-
terprise. respondent was obliged to
prevent any interruption in its
service"
inducements Charged.
Following the return to private
control tof the wire services) in 1919"
the report continues. "the association
managed both to strengthen its MEM
bership and consolidate its position"
In August, 1887, it continues, out Of
about 5000 land line employes-in-
cluding $4,000 messengers-the asso-
citation claimed membership Of 27i447.
1T is apparent that respondents
active hostility toward outside labor
organizations was Of great assistance
to the association in establishing itself
among the employees" the examiner
said. BY this policy, respondent. in
effect. cleared the field Of all rival
organizations"
So far as active support of the asso-
citation is concerned, the report de-
clares the organiza ton was aided by
the company in variety Of ways
'watchful encouragement" selling
campaigns free railway transporta-
ton for association officials to con-
ventions. permitting transaction Of
association business during working
hours, distribution by company super
visors Of association literature to new
employees and check off of associate
dues
In this same connection. the exam
iner recalls the respondents deiio-
crate policy. announced even before
the association was organized, Of
tying in the association with I'M
provements in wages and working
conditions and thus enabling the asso-
citation to gain excessive credit in the
eyes of employees"
The report adds, however, that the
'evidence falls short of establishing"
that the association wes an effective
bargaining agent for its members" but
on the contrary, was ineffective.