The Pulitzer Publishing Co.

In the Matter of THE PULITZER PUBLISHING COMPANY, PUBLISHER OF THE ST. Louis POST-DISPATCH, STAR-TIMES PUBLISHING COMPANY, ST. Louis GLOBE-DEMOCRAT PUBLISHING COMPANY and ST. Louis, AIO., PAPER CARRIERS UNION No 450 AFFILIATED WITH INTERNA- TIONAL PRINTING PRESSMEN AND ASSTS. UNION OF NORTH AMERICA, AFL Case No. 14-R-890 SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTIONS June 8, 1945 On August 29, 1944, the Board issued a Decision and Direction of Elec- tions in the above-entitled proceeding (57 N. L. R. B. 1696): On September 18, 1944, the Companies1 filed with the Board a document entitled Petition for Rehearing and an Order to Set Aside the Board's Order Directing an Election and A Request for Oral Argument on This Petition. Pursuant thereto, the Board, on September 20, 1944, issued an order staying the elections previously directed and a notice of oral argument before it. On November 21, 1944, a hearing for the purpose of oral argument was held before the Board in Washington. D. C. The Companies and the Union' appeared and participated in the argument. After having duly considered the entire record in the case, the Board, on December 21, 1944, issued an Order Reopening Record, Remanding Proceeding to Regional Director 1 The Pulitzer Publishing Company, St Louis Globe-Democrat Publishing Company, and Star- Times^Publishing Company, all of St Louis, Missouri. Ad herein referred to as Pulitzer, the Globe-Democrat, and the Star -Times, respectively and collectively , as the Companies 2 St Louis, 1Ko , Paper Carriers Union No 450 affiliated with International Printing Pressmen and Ass'ts. Union of North America , AFL, herein called the Union 62 N. L. R. B., No. 37. 229 2 O DECISIONS OF NATIONAL LABOR RELATIONS BOARD and Authorizing Regional Director to issue Notice of Further Hearing.' Pursuant to this order, a hearing upon due notice was held at St. Louis, Missouri, on February 8, 9, 12, 13, and 14, 1945, before William J. Isaac- son, Trial Examiner. Pulitzer, the Globe-Democrat, the Star-Times, and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing upon the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. The Board has reconsidered the Decision and Direction of Elections issued August 29, 1944, in the light of the evidence adduced at the further hearing,' and, upon the entire record in the case, makes the following : SUPPLEMENTAL FINDINGS OF FACT6 1. THE APPROPRIATE UNITS A. The status of the house-to-house carriers The Post-Dispatch, Star-Times, and Globe-Democrat are the only daily newspapers published in St. Louis. The persons whom the Union seeks to represent, known as house-to-house carriers, deliver these newspapers, which are published by the Companies, to the homes of subscribers living in the suburban and residential areas of the city of St. Louis. In perform- ing this function, they use their own trucks and employ helpers to assist them deliver the newspapers. They are not carried on the Companies' pay rolls; the Companies do not pay any Social Security taxes in their behalf, nor do they enjoy Workmen's Compensation or Unemployment Insurance benefits. The Companies contend that the house-to-house carriers are not s Said hearing was ordered for the purpose of adducing evidence with respect to (1) the identity of each and every house -to-house carrier delivering any of the various newspapers published by any of the three Companies herein involved (this evidence was to include ( a) the names of the persons who own carrier route privileges , (b) the names of the persons who perform the actual manual work of delivering newspapers to the subscribers within the territory embraced by each carrier route, such as preparing the papers for delivery , driving the delivery trucks , delivering the papers, or collecting from the subscribers , and the average amount of time each route owner devotes to such activities ); (2) the number of helpers employed by each carrier and the compensation paid them by the carrier ; ( 3) the number of trucks owned or operated by each carrier in connection with the distribution of newspapers ; ( 4) the average weekly, monthly , or annual net income of each carrier; (5) the value of the average carrier route and whether there is a ready market for the routes at this price; ( 6) the number of carriers delivering for more than one Company and the editions (dail. or Sunday) that each handles; and ( 7) 4 e number of persons listed as carriers who are also engaged in some other occupation and whether such other occupation requires only part of their time of whether they must devote full time to the other job and hire another person or persons to operate their carrier routes. 4 For reasons hereinafter stated, that part of the document filed by the Companies on September 18, 1944, seeking an order vacating the Board 's Decision and Direction of Elections issued August 29, 1944, is hereby denied. r, Section IV, B, of our original Decision , entitled "The satus of the House -to-house carriers," is superseded by Section I, A, of our Supplemental Decision , bearing the same title. In all other respects we hereby affirm our original Decision , save as Section IV, D, thereof , entitled "Multiple- employer v. single-employer units," is inconsistent with Section I, B, of our Supplemental Decision, belling the same title. Tlli: PULITZER PUItL151-I1NG COMPANY 231 their employees, but rather independent contractors who own and operate businesses of their own under limited control by the Companies. Each carrier sells and delivers newspapers of one or more of the Com- panies to subscribers residing within a certain geographical area called a carrier route. There are approximately 200 such routes in the St. Louis area. In order to become a house-to-house carrier for one of the Com- panies, a person must first acquire a route privilege ; this is customarily -accomplished by purchase from an established carrier possessing such privilege.' However, the transaction is subject to the approval of the Com- panies whose papers are delivered within the route, and is always evidenced in writing by printed or typewritten agreements furnished by such Com- panies. The transfer agreements prepared by each of the three publishers contain substantially similar language. They. must be signed by both the transferor and transferee, and they also provide a space for the signature of a witness. From the testimony of the numerous carriers who were wit- nesses at the hearing, it appears that, since all transfers must be approved by the publisher of each of the newspapers concerned, each Company's transfer agreement is always executed in the presence of one of its officials, usually the circulation manager, who normally witnesses the signatures of the other two parties. The transfer agreements are executed in triplicate, one copy each for the transferor, transferee, and publisher. The printed transfer form currently used by Pulitzer is entitled "Trans- fer of Business on Post-Dispatch Route No. --------." After reciting the sale and acceptance, it contains the following statement under which the buying carrier places his signature : I further understand that the Post-Dispatch has established certain policies which guide it in its relationship to carriers, which are printed on the reverse side hereof. I also understand that said policies are subject to change by said Post-Dispatch at any time in its discretion. Some of the policy rules printed on the back of this form are set out below : 1. The Post-Dispatch will not sell to any carrier who carries any other newspaper without the written consent of the Post-Dispatch . 2. Only individual carriers will be permitted to purchase papers for a carrier route-partnerships and corporations being excluded 3. It is understood that no carrier shall be deemed to be an employee of the Post-Dispatch under any circumstances, but that the relation- ship between the parties is that of buyer and seller, or merchant and manufacturer. 4. The purchaser has acquired the route from his seller with full knowledge of the existence of the above policies. The transfer form furnished by the Star-Times is similar to that used The average carrier operates a route valued at approximately $9000. 232 DECISIONS OP NATIONAL LABOR RELATIONS BOARD by-Pulitzer but in addition recites that the transferee agrees "not to sell this privilege . until 1 have the consent of the St. Louis Star-Times," and also that "the St Louis Star-Times is to determine my efficiency, and if, in its judgment, I am not a competent carrier, I will, upon notice . ., within thirty days from the (late of such notice, sell my privilege to a person satisfactory to the St. Louis Star-Tines." The Globe-Democrat's transfer form states : To the Globe-Democrat Publishing Company, St. Louis, Mo. I desire to relinquish in favor of ------------------------------------ any privilege that I may have to carry the Globe-Democrat on Route No ............. as per boundary lines on file in your office. - The buying carrier signs a prepared statement whereby he agrees to con- form to all rules and regulations of the Globe-Democrat. After acquiring the right to sell and distribute newspapers within a par- ticular route, the carrier determines from the list of subscribers furnished him by the transferring carrier the number of papers he needs to service his route. He then advises the publishers whose papers he distributes to deliver the appropriate number of papers to him at a prearranged point on his route. Each publisher sets the price to be paid by the carrier for each copy and also the price at which the carrier must sell each copy. Thus, the carrier's approximate gross income is computed by multiplying the differ- ence between the price he pays per copy and the price he receives per copy by the number of subscribers he services. The publishers have complete control over these prices and make changes without consulting the carriers The publishers bill the carriers each week for the papers they have drawn. Persons desiring to take the paper may subscribe through the carrier, soli- citors employed by the publisher, or the publisher's office. Julius Siemers, a carrier who delivers papers for each of the Companies and whose testi- mony we credit, stated that a carrier cannot refuse to deliver to a new subscriber unless he has a legitimate reason, such as knowledge that the person has a poor credit rating. The majority of the house-to-house car-' riers deliver papers by means of trucks. Most of them also employ helpers. These helpers are hired and paid by the carriers. The publishers furnish the carriers with various printed forms such as start orders, stop orders, transfer orders, receipts, and customer complaint forms. The Globe-Democrat also furnishes the carriers with, an oil paper wrapper which protects the papers from rain and snow. In addition, the publishers pay a transportation allowance to some carriers who deliver papers in sparsely populated areas. Carrier Louis J. Hauser, a credible witness, testified that he received a bonus from the three Companies total- ing $10 per week as a subsidy for selling their papers. All three Companies also sell accident insurance to their customers to promote wider circulation. A person must be a subscriber to the paper in THE PULITZER PUBLISHING COMPANY 233 order to purchase such insurance . The insurance may be purchased through the carriers , from a solicitor employed by the publisher , or directly from the publisher. The carriers are responsible for collecting the monthly pre- mium. Testimony which we credit also indicates that they are required to accept all insurance accounts . Once an insurance account is accepted the charge is continued against the carrier even if he does not collect the pre- mium, until the insured cancels the policy or the carrier notifies the pub- lisher that he is canceling it for non -payment of the premium . The carriers receive a fixed commission for collecting insurance premiums. The carriers are sometimes required to deliver back copies of papers to subscribers who request them from the publisher . The requested number of back copies is delivered to the carrier together with his regular current copies and he is instructed where to deliver them and how much to charge. Carriers also take orders for "mail copies." Advance payment of the mail subscription is collected by the publisher and it then pays the carrier a commission. While not subject to discharge within the literal meaning of the term, the Companies can, by the simple expedient of threatening to cut off the supply of newspapers , compel a carrier whom they deem to be incompetent to dispose of his route or force a recalcitrant carrier to comply with the Companies' rules. The record reveals several instances in which managerial employees of the Companies have compelled carriers to dispose of their routes for various reasons . Siemers testified without contradiction that Pulitzer's circulation manager successfully ordered a carrier named Zoller, who, according to Siemers , was an inebriate, to transfer his route privilege. According to further credible testimony of Siemers, G. E. Carvell, Pulitz- er's circulation manager, forced carrier Sickman to transfer his route privilege because Sickman was not servicing the subscribers of the Post- Dispatch in a manner satisfactory to Pulitzer . Carvell was a witness and although he denied ordering Sickman to transfer the route privilege, he did not deny that Sickman disposed of the route privilege at Carvell's insistence . Carrier Dan Coleman's uncontroverted testimony shows that in 1936 Pulitzer's circulation manager , a man named Hanlon, forced him to transfer a portion of his route privilege because Hanlon believed it was too large for him to handle efficiently . Furthermore , carrier Morris Bushman testified without contradiction that he acquired a morning Globe-Democrat route privilege in 1936 and afternoon Post-Dispatch and Star Tinies route privileges in 1937, and that shortly thereafter Paul Houghtlin, carrier supervisor of the Globe -Democrat, instructed him to dispose of his Globe- Democrat privilege within 30 clays or Houghtlin would cut off his supply of newspapers . Bushman thereupon transferred his Globe-Democrat route privilege. Other similar instances are revealed by the record. The record also contains evidence with respect to the Companies' exer- 234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cise of control over the activities and conduct of the carriers while they are engaged in delivering newspapers. As previously noted, each carrier agrees in writing to observe certain prescribed rules governing the relation- ship between each publisher and its carriers. From the credible testimony of numerous carriers called as witnesses by the Board, it appears that each new carrier receives certain instructions from the publisher (usually the circulation manager or the employee of the publisher known to the carriers as the carrier supervisor) when he takes over a new route. These instruc- tions include, inter alia, the method of paying bills, how to wrap papers, and the time and method of delivery. Carriers are not permitted to insert any material in the papers other than that furnished by the publisher. They cannot make a charge for any special delivery service they may render a subscriber, nor can they give subscribers any discount, rebate, or cut-back The Companies have a system by which they handle subscriber complaints When a subscriber complains to the publisher concerning the delivery of his paper, the publisher notes the complaint on a special form which is sent to the carrier. If the subscriber continues to complain, the carrier is called in by the carrier supervisor and instructed that unless he takes care of the complaint the publisher will take further action in the matter. None of the Companies is under legal obligation to supply the carriers with papers.Thus, if a carrier persists in violating the policy rules established by any one of the Companies or if he is regarded as incompetent, the publisher may refuse - to continue supplying him with papers. Carrier Dan Coleman testified without contradiction that in 1942 he attempted to render the subscribers on his route an extra service by offering to deliver their papers in special wrappers for a small service charge but that he had to discontinue this added service upon instructions from the Companies, one of whom threat- ened to cut off his supply of papers. Carrier Bushman also testified without denial that he was instructed by the carrier supervisors of all three pub- lishers to place the papers on the porches of the subscribers. Moreover, carrier Harry Newton testified without contradiction that on one occasion the Globe-Democrat's carrier supervisor rode with him while he was deliv- ering papers, and that the supervisor criticized his method of delivery and ordered him to place the papers on the porches. In addition, according to the undenied testimony of another carrier, Joseph Forro, Carrier Super- visor Hanlon reprimanded him for stopping in a tavern for a sandwich and beer while he was delivering papers. The record contains evidence as to other similar instances. There are about 202 persons who have carrier routes in which the news- papers published by one or more of the Companies are distributed. Approx- imately 74 percent of the carriers handle papers for all 3 publishers ; about 22 percent handle papers for but 2 of the Companies; and 4 percent handle THE PULITZER PUBLISI--LING COMPANY 235 papers for only one publisher.' Fifty-seven carriers testified at the further hearing concerning their particular routes and certain of these witnesses testified with respect to the manner in which some 94 other carriers oper- ated their routes. The size of the various routes and the number of papers distributed within the confines of each route vary. It appears, from the evidence contained in the record, that the average carrier is a married man who is about 40 years of age. He devotes over 60 hours a week to the dis- tribution of the newspapers published by all 3 Companies, receives a net income of approximately $50 a week, employs 3 helpers at least 1 of whom is a member of his family, uses at least 1 automobile in connection with the operation of his route, works at this occupation continuously and regularly and relies upon the income derived from the operation of his carrier route for the support of himself and his family. The work performed by the' average carrier in connection with the operation of his route consists of wrapping, rolling, or otherwise preparing papers for delivery, delivering papers, preparing statements to present to the subscribers within his route, and collecting from these subscribers In an earlier case,° the Board had occasion to rule on the question of whether "motor route drivers" working for a newspaper publisher in Seattle, Washington, who performed the same distribution function as do 7 These facts are reflected in a chart prepared by the Board's attorney flour vifornistion fuinished by the Companies, introduced into evidence at the healing The chart li,ts the name and address of each route owner and shows the numbei of daily and Sunday newspapers foi which each publisher billed him during January 1945 The parties agreed that this chart, as physically amended to confoi ni to the testimony adduced at the hearing, was an accui ate compilation of the info, matron it i eflected 8 Only about 25 of the 151 cariiers concerning whom there is testimony do not fit into the general pattern described above The record reveals that at the time of the further hearing 7 persons who had career route privi- leges performed no work in connection with the operation of their routes Of these persons, 4 were in the armed forces of the United States, 1 worked full time in a war plant and his route was being operated by his wife and 2 sons, and the ieniainoig 2 were engaged in other occi'pations and had obtained other persons to operate their routes The routes of 3 of the carriers in the ai med forces were being operated by then respective biotheis and the fpuith had hued in individual to operate his route in consideiation of a salary of $30 a week One person, William Dietrich, whose name appears on the recoiits of the Companies as a earner, is, fioni the uncontrover*ed testimony of carrier Joseph Forro, deceased, and the route has been operated by Dietiich's widow since his death According to the stipulation of the parties, the Companies recognv<- that the widow oi any other immediate relative of a deceased carries has the light to operate the route The record reveals that another carrier, Di G D Kettlekamp, who n in charge of Koch's hospital in Le May, -Missouri, has an arrangement with the Star-Tires whet thy he is, able to supply the patients n the hospital with Star-Times newspapers It does not appear that Di Kittlek.unp does any of the work connected with the distribution of these papers From the testimony adduced at the further healing in this proceeding about the time of said heaimg 17 carriers were engaged in supplementary work in addition to the sale and distribution of newspapers on their own routes Of these 17 carriers, 10 were engaged in war woi k between 20 and 40 hours a week, 1 was employed full time in a defense plant but worked on In, route Saturdays and Sundays, 2 operated the carrier routes of then brothers who were in the armed forces, I operated the route of a carrier who worked full time in a defense plant and did no work on his route, 1 assisted his brother-in-law in the operation of a branch office for dist,ibutuig newspapers, and 2 worked infrequently as sign painters. All these 17 carriers devote a considerable amount of time to the actual operation of their routes and, from the very nature of the supplemental work in which most of them are engaged, such additional employment would appeal to be of temporary duration 9Matter of Seattle Post -Intelligence Department of Hearst Publications , Inc, 9 N L R B 1262. 236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the house-to-house carriers involved in the instant case, were employees of the publisher within the meaning of the Act Tn finding that the motor route drivers were employees, the Board said: We have had occasion to point out that the statutory definition of the word employee is of wide scope. As used in the Act the term embraces ,any employee,' that is, all employees in the conventional, as well as legal sense except those by express provision excluded. The primary consideration is whether effectuation of the declared policy and pur- poses of the Act comprehends securing to the individual the rights guaranteed and the protection afforded by the Act. The matter is not conclusively determined by a contract which adverts to and purports to establish the status of such person other than as an employee. Public interest in the administration of the Act permits inquiry into the material facts and substance of the relationship. More recently the Board held that "newsboys" engaged in the street sale of newspapers were employees of the publishers whose papers they sold.'° In upholding the Board's finding in that case, the United States Supreme Court said: the broad language of the Act's definitions, which in terms reject conventional limitations ... leaves no doubt that its applicability is to be determined broadly in doubtful situations, by underlying economic, facts rather than technically and exclusively by previously established legal classifications." From all the facts presented in this proceeding, it is apparent that the house-to-house carriers comprise a labor force composed of mature men, the majority of whom work continuously and regularly at the job of deliv- ering newspapers, relying upon the income derived from this occupation for the support of themselves and their families. Moreover, it is manifest that the carriers are subjected to considerable supervision and control by the Companies. Each carrier must agree in writing to observe certain pre- scribed policies formulated by the publisher whose paper he delivers. Although a carrier may pass on to another party his interest in the route. the transfer of the right to sell newspapers to subscribers residing within the geographical limits of the route can be effected only with the approval of the publisher or publishers involved. While not subject to discharge within the literal meaning of the term, the record indicates that a.publisher can demand that a carrier dispose of his route and possesses the power to 10 Matter of Stockholde, s Publishing Company, Inc , et al, 28 N L R B 1006 11N. I, R B v Hearst Publications, Incorpoiated, et al, 322 U S 111 The Court further said. Everyday experience in the administration of the statute gives it [the Board] familiarity with the circumstances and backgrounds of employment relationships in various industries , with the abilities and needs of the workers for self organization and collective action . . The experience thus acquired must be brought frequently to bear on the question who is an employee under the Act. Resolving that question , like determining whether unfair labor practices have been committed belongs to the usual administrative routine of the Board THE PULITZER PUBLISHING COMPANY 237 enforce such a demand by refusing to supply the carrier with papers. The content of the "right " transferred by the sale of a carrier route is supplied not by entrepreneurial values , such as good will or exclusive access to a market, but is merely the right to receive newspapers subject to the pub- lisher's absolute power to revoke this right at will . The carriers , although not carried on the Companies ' pay rolls, comprise an integral part of the Companies distribution systems and circulation organizations . The record reveals that the Companies supplement the regular income of some of the carriers who deliver papers in sparsely populated areas by paying them a transportation allowance or bonus. The Companies also furnish the carriers with certain supplies used in connection with delivering and collecting for their publications . We are convinced and find that the house -to-house car- riers are employees of each of the Companies whose papers they distribute and sell, within the meaning of Section 2 (3) of the Act. B. Multiple-employer v. single-employer units As found in our original Decision, we conclude that three separate bar- gaining units comprised of the carriers employed by Pulitzer, Star-Times, and Globe-Democrat , respectively, are appropriate , rather than a single multiple-employer unit . However, we are of the opinion that our findings as to the appropriate units should be refined to some extent in view of the additional evidence adduced at the further hearing. Non-working carriers, and those operating their routes. It has been noted that a few persons who own carrier route privileges perform none of the actual work involved in the sale and delivery of news- papers to subscribers residing within the confines of their routes L Such non-working carriers , it is clear , do not have the interests in collective bargaining which the remaining carriers possess . Moreover, those operat- ing their routes have not been approved or recognized by the Companies Accordingly, the non-working carriers and those operating their routes shall not be considered as included in the appropriate units under the term "house-to-house carriers." Carriers engaged in the operation of deceased carriers' routes The record reveals at least one instance in which the person listed on the Companies' records as having a carrier route privilege is deceased and the route is being operated in his name by his widow." The Companies carry on all business transactions directly with the widow and recognize her as the route carrier . It is customary for the Companies to accord recognition as the route carrier to the widow or any other immediate relative of a de- ceased carrier. Consequently, all such persons shall be included in the appropriate units under the term "house-to-house carriers." 12 See footnote 8, supra. 12 See footnote 8, supra. 238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Carriers who are engaged in supplemental work. As pointed out above, some persons who own carrier routes were, at the time of the further hearing, engaged in supplemental work in addition to operating their routes 14 Inasmuch as these persons devote a considerable amount of time to selling and distributing papers, their interests in collec- tive bargaining are substantially similar to those of the full-time carriers, and they shall be included in the appropriate units under the term "house- to-house carriers." Upon the basis of the foregoing supplemental findings of fact and upon the entire record in the case, we find that each of the groups of employees set forth below constitutes a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. (1) All house-to-house carriers regularly employed by Pulitzer to sell and distribute the St. Louis Post-Dispatch within St. Louis and St. Louis County, Missouri, excluding street vendors, contact men, and all super- visory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recom- mend such action. (2) All house-to-house carriers regularly employed by the Star-Times to sell and distribute the St. Louis Star-Times within St. Louis and St Louis County, Missouri, excluding street vendors, contact men, and all supervisory employees with authority to hire', promote, discharge, disci- pline, or otherwise effect changes in the status of employees, or effectively recommend such action. (3) All house-to-house carriers regularly employed by the Globe-Demo- crat to sell and distribute the St. Louis Globe-Democrat within St. Louis and St Louis County, Missouri, excluding street vendors, contact meii, and all supervisory employees with authority to hire, promote, discharge. discipline, or otherwise effect changes in the status of employees. or effec- tively recommend such action. SECOND I)TRECTION 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 3, as amended, it is hereby 14 See footnote 8, supra. '6 Our original Decision and Direction of Elections provided for separate elections among the employees in the units therein found appropriate who were employed by any of the Companies on the date of said Decision and Direction of Elections. Inasmuch as a considerable period of time has elapsed since the issuance of that Decision and Direction of Elections, we are directing that separate elections by secret ballot be held among the employees in the units hereinabove found appropriate who were employed on the date of the Second Dnection of Elections, subject to the limitations and additions set forth therein Any house-to-liouse cairier who sells and distributes newspapers foi more than one of the Companies, if otheiwise qualified, shall be eligible to vote in those elections herein directed which affect the carriers of the Companies by whom he is so employed. TUE PULLTZE1. PUBLISHING COWAN)- 239 DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with the Pulitzer Publishing Company, Star-Times Publishing Company, and St. Louis Globe-Democrat Publishing Company, all of St. Louis, Missouri, separate elections by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Second Direction, under the direction and super- vision of the Regional Director for the Fourteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the units found appropriate in Section I, B, above, who were employed by any of the aforesaid Companies on the date of this Second Direction, including employees who did not work on said date because they were ill or on vacation or temporarily laid off, but excluding any who have since quit or been discharged for cause, and have not been rehired or rein- stated prior to the date of the elections, to determine whether or not they desire to be represented by St. Louis, Mo., Paper Carriers Union No. 450 affiliated with International Printing Pressmen and Asst's Union of \Torth America, AFL, for the purposes of collective bargaining