The Hartford Times, Inc.

In the Matter of THE HARTFORD TIMES, INc.,1 EMPLOYER and HART- FORD PRINTING PRESSMEN AND ASSISTANTS' UNION No. 83, OF THH INTERNATIONAL PRINTING PRESSMEN AND ASSISTANTS' UNION OF NORTH AMERICA, A. F. OF L., PETITIONER Case No. 1-RC-7,76.-Decided March 18, 1919 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing in this case was held before a hearing officer of the National Labor Relations Board. At the hear- ing, the Employer moved to dismiss the petition. For the reasons hereinafter stated, such motion is denied. The hearing officer's rul- ings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organization involved claims to represent employees of the Employer. 3. The Employer has made a motion to dismiss the proceeding on the ground of contract bar. Such motion is based upon a contract, dated May 22, 1947, and effective until May 22, 1949, between the Employer and the 14 journeymen and apprentices in the Employer's pressroom. The petition, which seeks all web newspaper pressmen and apprentices, was filed on November 8, 1948. Inasmuch as the above-mentioned contract was in effect at the time the petition was filed and still in effect, the Employer contends that such contract is a bar to this proceeding. The contract in question, which was signed individually by each of the pressroom employees, covers only wages ' The Employer 's name appears as amended at the hearing. *Reynolds , Murdock, and Gray. 82 N. L. R. B., No. 28. 247 248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and hours, and otherwise does not contain any substantive provisions concerning conditions of employment 2 At the hearing, the parties stipulated that such contract was negotiated with the pressroom em- ployees as individuals, and not as members of a labor organization. The fact that each of the employees involved herein has signed an individual wage and hour agreement with the Employer cannot be held to reflect the desires of such employees regarding representation, and does not, as contended by the Employer, constitute a bar to collec- tive bargaining in their behalf.3 We find that a question affecting commerce exists concerning the representation of employees of the Employer, within the meaning ,of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The appropriate unit: In substantial agreement with the parties, we find that the follow- ing employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All web newspaper pressmen and apprentice web newspaper press- men, excluding professional employees, guards, and supervisors as defined by the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- pose of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which the case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also exclud- ing employees on strike who are not entitled to reinstatement, to deter- 2 Although the contract states that it "shall supersede the present oral agreement re- garding wages and working conditions ," its provisions cover only wages and hours. a Matter of The Deming Company, 59 N. L R B 527, and cases cited therein ; Matter of Ewing-Thomas Corporation, 65 N. L It. B. 1270. See, also , Matter of Rankin Equipment Co., 79 N. L. It. B 1439. THE HARTFORD TIMES, INC. 249 mine whether or not they desire to be represented, for purposes of col- lective bargaining, by Hartford Printing Pressmen and Assistants' Union No. 83, of the International Printing Pressmen and Assistants' Union of North America, A. F. of L.4 4 The compliance status of Hartford Printing Pressmen and Assistants' Union No. 83, of the International Printing Pressmen and Assistants' Union of North America, A. F. of L., has lapsed since the hearing in this matter. The Regional Director is hereby instructed not to conduct the election directed herein if such labor organization has not, within 2 weeks from this date, renewed its compliance with Section 9 (f), (g), and (h) of the Act.