The Denver Publishing Co.

In the Matter of THE DENVER PUBLISHING Co. and DENVER MAILERS UNION No. 8, AFFILIATED WITH THE INTERNATIONAL MAILERS UN10N Case No. 17-R-1006 SECOND SUPPLEMENTAL DECISION AND ORDER DENYING MOTION April 4,1945 On December 16, 1944, the Board issued a Decision and Direction of Elections in the above proceedings,' and on January 9, 1945, issued an Order Amending Direction of Election. A Supplemental Decision and Order was issued on January 26, 1945.2 On February 9, 1945, an election was conducted and on February 26, 1945, no objections having been filed by any of the parties within the time provided therefor, a Certification of Representatives was issued. On March 6, 1945, a document in the nature of a motion to vacate the certification was filed with the Board by the International Typo- graphical Union, herein called the ITU, intervenor in the above pro- ceedings. The motion is based on three grounds: (1) misleading and prejudicial designation of the ITU on the ballot; (2) two individuals were wrongfully permitted to vote; and (3) since the Board has over- ruled the request of the ITU for a Nation-wide unit, it should now be "determined that a proper method of selecting a bargaining agent in the newspaper field in Denver should be on a city-wide basis inasmuch as the historical method of collective bargaining by Denver Mailers Union No. 8 has been on a city-wide basis with the representatives of both newspapers at once, and with the same contract applicable to the operation of both newspapers." As to the first ground, the ITU was designated on the ballot in the election held in this case in accordance with the Direction of Elections and in conformity with the appearance entered on its behalf at the 1 59 N. L. R. B. 1115. The above case was consolidated with platter of Post Printing and Pubiashing Co. In its Supplemental Decision and Order issued on January 26, 1945, the ,eases were severed by the Board. 2 60 N. L. R. B. 338. 61 N. L. R B , No. 45. 338 THE DENVER PUBLISHING CO. 339 hearing, and its signature on all papers filed in this proceeding. It had ample opportunity between the date of issuance of the Direction of Elections and the time when the Regional Director made prepara- tions for the election to request a change in its designation, and made no such request until 3 days prior to the scheduled election, after notices thereof had been posted and the ballots were printed. At that time the ITU, by a telegram addressed to the Chairman of the Board, requested that its designation on the ballot be changed. The Board advised the ITU's representative that his protest was untimely and that any assertion of prejudice to his organization arising out of the allegedly misleading ballot designation might be presented after the election in accordance with the Board's Rules and Regulations. This was not done. We decline, therefore, to consider vacating our certifi- cation and setting aside the election at this date on the ground of alleged error in the ITU's designation on the ballot. The motion also recites that two persons were permitted to vote `'who have steady positions elsewhere and who merely work one night per week at the Denver Publishing Co." The votes of these individ- uals, who are evidently regular part-time employees of the Company, were not challenged at the election, although all parties'were given the opportunity to do so, in accordance with the provisions of the Act and the Rules and Regulations, nor were any objections filed within the period provided therefor. The contention that two in- eligible employees voted is thus untimely and affords no ground for vacating our certification 3 The third ground of the ITU's motion is, in effect, a request for reconsideration of the Board's unit determination, set forth in the Decision and Direction of Elections of December 16, 1944. The ITU's present contention that the appropriate unit comprises em- ployees of both the newspaper companies in Denver is belated and plainly without merit. The request for reconsideration is therefore denied. ORDER By virtue of and pursuant to the power vested in the Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Sections 9 and 10, of the Board' s Rules and Regulations- Series 3, as amended, IT is HEREBY ORDERED that the motion to vacate the certification of representatives of employees of Denver Publishing Co., filed by the International Typographical Union, be, and it hereby is, dismissed. See Matter of American Granite Fini8hing Company, 28 N L R B 739