1943 - National Labor Relations Board

80 Eighth Annual Report of the National Labor Relations Boardaffirmative vote. In 5 cases strikes had occurred either before orafter a notice was withdrawn.TELEGRAPH MERGER ACTAfter extended consideration by Congress, an amendment to theCommunications Act of 1934 3 was enacted, and approved on March6, 1943, which permitted, subject to various statutory requirementsand the approval of the Federal Communications Commission, themerger of domestic telegraph carriers.Section 222 (f) of this amendment sets forth a series of provisionsfor the protection of the employees of carriers which may be mergedunder the terms of the statute, and specifies that the employees affectedare entitled to enforcement of their rights through the sameremedies provided under the National Labor Relations Act. TheNational Labor Relations Board, subject to review by the courts ofthe United States, is vested with jurisdiction to enforce such rights.The rights granted to employees, subject to the conditions andlimitations set forth in the statute, include the following: right tocontinue employment for specified period; right to protection againstreduction in compensation; right to protection against assignment towork inconsistent with past training and experience in the telegraphindustry; right to specified severance pay in case of legal discharge;right to preferential hiring status in case of legal discharge; right totraveling and moving expenses of employee and family in case oftransfer from one community to another; right to continuance ofexisting pension, health, disability and death benefits; right of restorationto former employment status after discharge from the armedservices; right to protection against discharge, furlough or reductionin compensation during 6-month period preceding merger; right tocontinue existing hours of employment as provided in collective bargainingagreement.On May 25, 1943, an application for approval of a merger planwas filed with the Federal Communications Commission by the WesternUnion Telegraph Co. and the Postal Telegraph Co. Hearings onthe merger proposal were opened by the Commission on July 7, 1943,and on September 28, 1943, an order was issued approving the mergerplan, which contemplated the purchase of the Postal Telegraph Co.by Western Union. The merger was effected on October 7, 1943.The National Labor Relations Board has designated a TelegraphMerger Committee, of which the Executive Secretary is chairman, andthe Chief Trial Examiner, an Associate General Counsel, and an AssistantDirector of the Field Division are members, to coordinate theBoard's activities under the Merger Act, and to serve in a liaison capacitywith the Federal Communications Commission, and representativesof the companies and employees affected.3 7 Stat. 5 (1943).