Bethlehem Globe Publishing Co.

In the Matter of BETHLEHEM GLOBE PUBLISHING CO. AND PLAIN DEALER PUBLISHING Co., INC. and ALLENTOWN TYPOGRAPHICAL UNION No. 534, AFFILIATED WITH INTERNATIONAL TYPdGRAPHIOALQ UNION Case No. R-4748.Decided February 2, 191 Jurisdiction ': newspaper publishing industry. Investigation and Certification of Representatives : existence of question : stipu- lation as to ; election necesss ry. Units Appropriate for Collective Bargaining : separate units for composing-room employees of each of two newspaper companies which were separate 'and dis- tinct entities and between which there was a lack of unified control of employ- ment policies held appropriate, notwithstanding sole union's desire for a single unit embracing composing-room employees of both employers. Mr. H. P. McFadden, of Bethlehem, .Pa., for Bethlehem Globe. Mr. William T. Dodge, of Easton, Pa., for Plain Dealer. Mr. James McCartan, of Cuyahoga Falls, Ohio, for the Interna- tional. Mr. Milton L. Snyder, of Allentown, Pa., for the Union. Mr. Robert Silagi, of counsel to the Board. DECISION AND DIRECTION 'OF ELECTIONS STATEMENT OF THE CASE Upon petition duly filed by Allentown Typographical Union No. 534, affiliated with International Typographical Union, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Bethlehem Globe Publishing Co. and Plain Dealer Publishing Co., Inc., herein called Bethlehem Globe and Plain Dealer, respectively, and the Com- panies, collectively, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert H. Kleeb, Trial Examiner. Said hearing was held at Bethlehem, Pennsyl- vania, on January 11, 1943. The Companies and the Union ap- peared, participated, and were afforded full opportunity to be heard, 47 N. L. R. B., No 25. 268 BETHLEHEM GLOBE PUBLISHING CO. 269 to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. ^ On January 18 and 23, 1943, Bethlehem. Globe and the Union, respec- tively, filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACTS I: THE BUSINESS OF THE COMPANIES Bethlehem Globe Publishing Co. and Plain Dealer Publishing Co., Inc., are Pennsylvania corporations engaged in the newspaper pub- lishing business. Bethlehem Globe was incorporated in 1913, has its principal place of business in Bethlehem, Pennsylvania, and publishes an evening newspaper known as The Bethlehem Globe-Times. Plain Dealer was incorporated in 1936, has its principal place of business in Easton, Pennsylvania, and publishes, a morning newspaper known as The Morning Free Press. The Bethlehem Globe-Times has a daily circulation of about 23,000, of which 50 copies are mailed outside the Commonwealth of Pennsyl- vania. The Morning Free Press has a circulation of about 13,500 copies per day, 25 percent of which is delivered outside the State. Both newspapers use national ne^vs services and maintain ticker services for sending, and receiving news items. National advertising and na- tionally syndicated columns and comic strips appear in both news- papers. All the raw materials necessary for the printing of both papers are purchased by Bethlehem Globe which in turn sells to Plain Dealer those raw materials needed to print The Morning Free Press. During the year 1942, approximately 75 percent of the raw materials used were purchased and received from outside the Commonwealth of Pennsylvania. The Companies admit that they are engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Allentown Typographical Union No. 534, affiliated with Interna- tional Typographical Union, is a labor organization admitting to membership employees of the-Companies. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that the Union requested the Companies to recognize it as the exclusive bargaining representative of composing- room employees of both Companies. The Companies refused to grant 270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD any recognitioi on the grounds that a single unit was inappropriate and that they had no knowledge as to whether or not the Union actually i epresented a majority of the employees. A report of the Acting Regional Director introduced into evidence and a statement made by the Trial Examiner at the hearing, indicate that the Union represents a substantial number of employees in each of the units hereinafter found appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section-9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNITS The Union seeks a single unit embracing all composing- room em- ployees of Bethlehem Globe and Plain Dealer but excluding super- visors.2 The Companies, on the other'hand, urge that the employees of each constitute a separate appropriate unit. The Union alleges that since there is a single printing plant owned by Bethlehem Globe which prints both newspapers and the composing-room employees of both Companies work on both papers, a single unit should be established. A further point is made that the owner of Plain Dealer is an officer .and stockholder of Bethlehem Globe and that therefore the papers are ,under common management. Although the sole owner of Plain Dealer owns 63 of the 400 outstand- ing shares of stock of Bethlehem Globe and is an officer of that corpo- ration, the Companies are 2 separate and distinct corporate entities maintaining individual business and editorial offices and reporting staffs. The newspapers they publish circulate in different communities and the only facility used in common is the printing plant. For economic reasons and because 1 newspaper is a morning edition while the other appears in the evening, the composing-room employees of Plain Dealer use Bethlehem Globe's plant. While there is some inter- change of production and labor between the Companies, each compen- sates the other in cash for any differences arising from these exchanges. 1 The Acting Regional Director reported that the Union had submitted 17'application cards dated as follows : 1 in November 1939, 2 in September 1941, and 14 in August and September 1942 There ' as also submitted a letter dated November 10, 1942 , under the hand and seal of the Union' s president and-treasurer listing the names of 6 additional members At the hearing the Trial Examiner was handed 7 union designations. Twenty-four of the union designations bore apparently genuine original simnatures The moon designations were checked against the Companies' pay roll of December 2, 1942 In Bethlehem Globe there ale 12 union authorizations out of 28 employees listed in the unit alleged to be appropriate. In Plain Dealer there are 10 union authorizations out of 11 employees listed in the unit alleged to be appropriate 2The parties stipulated ,, and we find, that the term "composing -room employees" includes the following classification, of employees of both Companies ' linotype operators, advertise- ment compositors , make-up men , machinists and combination machinists , proofreaders add apprentices It was also stipulated , and we find, that Foreman Joseph Breslin and Assistant Foreman Elwood Eckert are supervisors and as such ate excluded from the unit. BETHLEHEM GLOBE PUBLISHING CO. 271 The 2 papers interchange news and pay each other for it, and the same arrangements are made for advertisements and syndicated material that appear in both papers but are set up in type only once. - There is no joint control of the wages, hours or working conditions of the em- ployees of the 2 papers. In view of the lack of unified control of employment policies and the relatively infrequent interchange of em- ployees and production, we find that the composing-room employees of the Companies should not be joined together in a single unit. There,was conflict as to the status of Raymond Rabenold, an em- ployee of Bethlehem Globe. The record shows tbat,he is a make-up, man, i. e., -arranges the lay-out of the print on the pages subject to the discretion of the editorial department. He also routes copy to the linotype operators and sees that the work is evenly distributed. He is paid by the hour and has no disciplinary authority nor can he even recommend discipline. Accordingly, we find that he is not a super- visor, and as such, shall include him in the unit. We find that all linotype operators, advertisement compositors, make-up men, machinists and combination machinists , proofreaders and apprentices, but excluding supervisors of Bethlehem Globe and Plain Dealer, respectively,'constitute a unit appropriate -f or the pur- poses of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES ' We shall direct that the question concerning representation which has arisen be resolved by elections by secret ballot among the em- ployees in the appropriate units who were employed during ,the pay- roll period immediately preceding the date of the Direction of Elections,herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTIONS 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, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations=Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Bethlehem Pub- lishing Co., and Plain Dealer Publishing Co., Inc., respectively, sep- arate elections 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 Fourth Region, acting in this matteras agent for the National Labor, Relations Board, and subject to Article III, Section 10, of said Rules 272 DECISIONS OF NATIONAL - LABOR RELATIONS BOARD and Regulations among the employees in each of the units found appropriate in Section IVV above, who were employed during the pay-roll period immediately preceding the date of, this Direction, including employees who did not work, during, said 'pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the - armed forces of the United States who present themselves in person at the polls , but excluding those em- ployees who have since quit or been discharged for cause, to deter- mine whether or not they desire to be represented by Allentown Typographical Union No. 534, affiliated with International Typo- graphical Union, for the purposes of collective bargaining.