Boston Daily Record

In the Matter of BOSTON DAILY RECORD - (NEW ENGLAND NEWSPAPER PUBLISHING Co.) ^ and NEWSPAPER GUILD OF BOSTON (AMERICAN NEWSPAPER GUILD) In the Matter of BOSTON EVENING AMERICAN AND BOSTON SUNDAY ADVERTISER - ( NEW ENGLAND NEWSPAPER PUBLISHING Co.) and NEWSPAPER GUILD OF BOSTON (AMERICAN NEWSPAPER GUILD) In the Matter of NEW ENGLAND NEWSPAPER PUBLISHING Co. and AMERICAN FEDERATION OF NEWSPAPER WRITERS, REPORTERS & EDI- TORIAL WORKERS , FEDERAL LOCAL #21432 Cases Nos. R-7W, R-771, and R-72,0, respectively SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES October 5, 1938 On January 28, 1938, American Newspaper Guild, herein called the Guild, on behalf of Newspaper Guild of Boston, herein called the Boston Guild, filed with the Regional Director for the First Region (Boston, Massachusetts) two petitions alleging that questions affecting commerce had arisen concerning the representation of em- ployees of the New England Newspaper Publishing Company, Bos- ton, Massachusetts, herein called the Company, on the Boston Daily Record, herein called the Record, and on the Boston Evening Ameri- can and the Boston Sunday Advertiser, herein called the American- Advertiser, respectively, and requesting investigations and certifica- tions of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 10, 1938, the Guild filed amended petitions alleging that questions affecting commerce had arisen concerning the representation of em- ployees of the Company on the aforesaid newspapers and asking for investigations and certifications of representatives. On March 12, 1938, American Federation of Newspaper Writers, Reporters and Editorial Workers, Federal Local #21432, herein called the News- paper Writers' Union, filed a petition alleging that a question affect- ing commerce had arisen concerning the representation of employees 9 N. L. R. B., No. 8. 25 26 NATIONAL LABOR RELATIONS BOARD of the Company on the afore-mentioned newspapers and requesting an investigation and certification of representatives. On March 17, 1938, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. The Board, acting pur- suant to Article III, Section 10 (c) (2), of the Rules and Regula- tions, further ordered that the three cases be- consolidated for the purposes of hearing. On March 21, 1938, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Boston Guild, and the Newspaper Writers' Union. On March 25, 1938, the Regional Director issued a notice of postponement of hearing, copies of which were duly served upon the same parties. On March 30, 1938, the Regional Director issued a second notice of postponement of hear- ing, copies of which were also duly served upon the parties. Pursuant to the second notice of postponement of hearing, a hearing was held on April 5 and 6, 1938, at Boston, Massachusetts, before Mapes David- son, the Trial Examiner duly designated by the Board. At the hearing motions to intervene were made on behalf of the Stenographers, Typists, Bookkeepers and Assistants Union, Local 14965 of Boston, herein called the Stenographers' Union ; the Ameri- can Federation of Labor, herein called the A. F. of L.; Building Service Help Local No. 30, Building Service Employes' International Union, herein called the Building Employes ; International Printing Pressmen and Assistants' Union of North America, herein called the Pressmen ; and International Association of Machinists, herein called the Machinists.' On April 20, 1938, the Guild filed a petition requesting that the case be reopened. As a result of stipulations entered into by the par- ties on July 2, 1938, and on July 9, 1938, this petition was denied. On May 17, 1938, a hearing was held at Washington, D. C., for the purpose of oral argument. On July 29, 1938, the Board issued a Decision and Direction of Elections.2 In its decision, the Board made no final determination as to the appropriate unit for the purposes of collective bargaining with the Company.. The Boston Guild had contended for a single unit composed of all the employees of the Company, excluding executives, -press clerks, paper handlers, bootjacks, building service and mainte- nance employees, and also excluding those employees on behalf of 1 It appeared at the hearing that the Machinists , the Pressmen, and the Building Em- ployes did not represent any employees who would be affected by the investigation. 2 8 N. L. R. B. 694. DECISIONS AND ORDERS 27 whom the following labor organizations had already bargained and secured contracts with the Company : Boston Mailers Union No. 16, Boston Typographical Union No. 13, International Association of Machinists, Lodge No. 264, Truck Drivers, Chauffeurs and Helpers Union, Local No. 25, Boston Newspaper Printing Pressmen's Union No. 3, Boston Photoengravers Union No. 3, Boston Stereotypers Union No. 2; Newspaper Chauffeurs, Distributors and Helpers, Local Union No. 259, and International' Brotherhood of Electrical Workers, Local No. 103. The Stenographers' Union claimed that there should be a separate unit composed of all "office help." The Newspaper Writers' Union and the Company contended for a separate unit composed of the employees in the editorial departments, excluding executives. The Board found that all the employees of the Company, exclud- ing executives, press clerks, paper handlers, building service and maintenance employees, and excluding those employees on behalf of whom the following labor organizations had already bargained and secured contracts with the Company : Boston Mailers Union No. 16, Boston Typographical Union No. 13, International Association of Machinists, Lodge No. 264, Truck Drivers, Chauffeurs and Helpers Union Local No. 25,_ Boston Newspaper Printing Pressmen's Union No. 3, Boston Photoengravers Union No. 3, Boston Stereotypers Union No. 2, Newspaper Chauffeurs, Distributors and Helpers, Local Union No. 259, and International Brotherhood of Electrical Workers, Local No. 103; and including or excluding the employees in the editorial departments "as shall be hereafter determined upon the basis of the results of the election herein ordered", constituted an appropriate unit for the purposes of collective bargaining. The Board, in its Direc- tion of Elections, provided for elections by secret ballot to be con- ducted within fifteen (15) days from the date of the Direction under the direction and supervision of the Regional Director for the First Region among the employees of New England Newspaper Publishing Company who fall within the groups described below : (a) All the employees on the Boston Daily Record, Boston Evening American, and Boston Sunday Advertiser, who were employed on March 12, 1938, excluding executives, employees in the editorial de- partments, building service and'maintenance employees, press clerks, paper handlers, bootjacks, and excluding employees on behalf of whom the following unions have bargained and secured contracts : Boston Mailers Union No. 16, Boston Typographical Union No. 13, Inter- national Association of Machinists, Lodge No. 264, Truck Drivers, Chauffeurs and Helpers Union Local No. 25, Boston Newspaper Print- ing Pressmen's Union No. 3, Boston Photoengravers Union No. 3, Bos- ton Stereotypers Union No. 2, Newspaper Chauffeurs, Distributors and Helpers, Local Union No. 259, International Brotherhood of Elec- 28 NATIONAL LABOR RELATIONS BOARD trical Workers, Local No. 103, .and also excluding those who. have since quit or who have been discharged for cause, to determine-whether, they desire to be represented by Newspaper Guild of Boston, or by Stenographers, Typists, Bookkeepers and Assistants Union, Local 14965 of Boston, for the purposes of collective bargaining, or by neither." (b) The employees in the editorial departments of the Boston Daily Record, Boston Evening American, and Boston Sunday Advertiser, excluding executives, who were employed on March 12, 1938, and who have not since quit or been discharged for cause, to determine whether they desire to be represented by Newspaper Guild of Boston, or by the American Federation of Newspaper Writers, Reporters & Edi- torial Workers, Federal Local #21432, for the purposes of collective bargaining, or by neither. . The Board stated : "If a majority of the employees in the editorial departments select the Newspaper Writers' Union, they will constitute a separate bargaining unit. If the Boston Guild is accorded a ma- jority by such employees and also by a majority of the employees in the general plant unit, the employees in the editorial departments to- gether with the other employees shall constitute a single bargaining unit. If the Boston Guild is accorded a majority by the employees in the editorial departments but not by the other employees, the em- ployees in the editorial departments shall constitute a separate unit." Pursuant to the Direction of Elections, elections by secret ballot were conducted on August 12, 1938, by the Regional Director for the First Region. Full opportunity was afforded all the parties to the investigation to participate in the conduct of the secret ballots and make challenges. On August 15, 1938, the Regional Director for the First Region issued and, on August 16, 1938, duly served upon the parties to the proceeding his Intermediate Report on the ballots. No objections to the ballots or Intermediate Report have been filed by any of the parties. As to the results of the secret ballots, the Regional Director for the First Region reported as follows : Employees in general plant group : Total number of employees eligible to vote______________________ 241 Total number of ballots cast___________________________________ 151 Total number of blank ballots__________________________________ 0 Total number of void ballots___________________________________ 0 Total number of challenged ballots_____________________________ 0 8 The Board stated that it would amend its Direction of Elections to delete the name of the Stenographers' Union from the ballot if the Stenographers' Union notified the Re- gional Director of such desire within ten (10 ) days from the date of the issuance of the Decision and prior to the election . The Stenogiaphers'_ Union did not notify the Regional Director that it desired to withdraw its name from the ballot. DECISIONS AND ORDERS 29 Total number of ballots cast for Stenographers, Typists, Book- keepers and Assistants Union, Local No. 14965 of Boston------ 22 Total number of ballots cast for Newspaper Guild of Boston------ 112 Total number of ballots cast for "neither"---------------------- 17 Employees in editorial departments : Total number of employees eligible to vote---------------------- 185 Total number of ballots cast----------------------------------- 132 Total number of blank ballots ---------------------------------- 0 Total number of void ballots----------------------------------- 0 Total number of challenged ballots------------------------------ 0 Total number of ballots cast for American Federation of News- paper Writers, Reporters & Editorial Workers, Federal Local #21432----------------------------------------------------- 103 Total number of ballots cast for Newspaper Guild of Boston------ 28 Total number of ballots cast for "neither"----------------------- 1 Upon the entire record in the case, the Board makes the following: SUPPLEMENTAL FINDINGS OF FACT 1. We find that all the employees of the Company on the Boston Daily Record, Boston Evening American, and Boston Sunday Adver- tiser, excluding executives, employees in the editorial departments, building service and maintenance employees, press clerks, paper han- dlers, bootjacks, and excluding employees on behalf of whom the following unions have bargained and secured contracts : Boston Mailers Union No. 16, Boston Typographical Union No. 13, Interna- tional Association of Machinists, Lodge No. 264, Truck Drivers, Chauffeurs and Helpers Union, Local - No. 25, Boston Newspaper Printing Pressmen's Union No. 3, Boston Photoengravers Union No. 3, Boston Stereotypers Union No. 2, Newspaper Chauffeurs, Distribu- tors and Helpers, Local Union No. 259, and International Brother- hood of Electrical Workers, Local No. 103, constitute a unit appro- priate for the purposes of collective bargaining, and that said unit will insure to the employees of the Company the full benefit of their right to self-organization and collective bargaining and otherwise effectuate the policies of the Act. 2. We find that the employees of the Company in the editorial departments of the Boston Daily Record, Boston Evening American, and Boston Sunday Advertiser, excluding executives, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to the employees of the Company the full benefit .of their right to self-organization and collective bargaining and otherwise effectuate the policies of the Act. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : 30 NATIONAL LABOR RELATIONS BOARD SUPPLEMENTAL CONCLusIONs OF LAW 1. The employees of the Company on the Boston Daily Record, Boston Evening- American, and Boston Sunday Advertiser, exclud- ing executives, employees in the editorial departments, building serv- ice and maintenance employees, press clerks, paper handlers, bootjacks, and excluding employees on behalf of whom the following unions have -bargained and secured contracts : Boston Mailers Union_ No. T6, Boston Typographical Union No. 13, International Associa- tion of Machinists, Lodge No. 264, Truck Drivers, Chauffeurs and Helpers Union, Local No. 25, Boston Newspaper Printing Pressmen's Union No. 3, Boston Photoengravers Union No. 3, Boston Stereo- typers Union No. 2, Newspaper Chauffeurs, Distributors and Helpers, Local Union No. 259, and International Brotherhood of Electrical Workers, Local No. 103, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 2. The employees of the Company in the editorial departments of the Boston Daily Record, Boston Evening American, and Boston Sunday Advertiser, excluding executives, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 1, as amended, IT IS HEREBY CERTIFIED that Newspaper Guild of Boston has been designated and selected by a majority of the employees of New Eng- land Newspaper Publishing Company, on the Boston Daily Record, Boston Evening American, and Boston Sunday Advertiser, excluding executives, employees in the editorial departments, building service and maintenance employees, press clerks, paper handlers, bootjacks, and excluding employees on behalf of whom the following unions have bargained and secured contracts : Boston Mailers Union No. 16, Boston Typographical Union No. 13, International Association of Machinists, Lodge No. 264, Truck Drivers, Chauffeurs and Helpers Union, Local No. 25, Boston Newspaper Printing Pressmen's Union, Local No. 3, Boston Photoengravers Union No. 3, Boston Stereotypers Union No. 2, Newspaper Chauffeurs, Distributors and Helpers, Local Union No. 259, and International Brotherhood of Electrical Workers, Local No. 103, for the purposes of collective bargaining, and that, pur- DECISIONS AND ORDERS 31 suant to the provisions of Section 9 (a) of the Act, Newspaper Guild of Boston is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. . IT IS HEREBY CERTIFIED that- American Federation of Newspaper Writers, Reporters & Editorial Workers, Federal Local #21432, has been designated and selected by a majority of the employees of New England Newspaper Publishing Company in the editorial departments of the Boston Daily Record, Boston Evening American, and Boston Sunday Advertiser, excluding executives, and that, pursuant to Sec- tion 9 (a) of the Act, the American Federation of Newspaper Writers, Reporters & Editorial Workers, Federal Local #21432 is the exclusive representative of all such employees for the purposes of collective bargaining, in respect to rates of pay, wages, hours of employme^it, and other conditions of employment. MR. DONALD WAKEFIELD S1rITH took no part in the consideration of the above Supplemental Decision and Certification of Representa- tives.