Standard & Poor's Corp.

In the Matter Of STANDARD & POOR'S CORPORATION and NEWSPAPER GUILD OF NEW YORK In the Matter of STANDARD & POOR'S CORPORATION and STANDARD & POOR'S INDEPENDENT ASSOCIATION Cases Nos. R-3783 and R-3784, respectively.Decided May 27, 1942 Jurisdiction : statistical service industry. Investigation and Certification of Representatives : existence of question: re- fusal to recognize either of two rival unions; elections necessary. Units Appropriate for Collective Bargaining : (1) all editorial employees, in- cluding temporary employees replacing those presently in the armed forces, but excluding supervisory and confidential employees and seasonal employees ; (2) all mailing and distribution employees, central files, library, and Raiteri statistical employees, including breakdown employees and temporary em- ployees replacing those presently in the armed forces, but excluding super- visory and confidential employees and seasonal employees; (3) all remaining employees, including temporary employees replacing those presently in the armed forces, but excluding supervisory and confidential employees, and sea- sonal employees ; stipulation as to. Mr. Enos S. Booth and Mr. George C. Baron, of New York City, for the Company. Isserman, Isserman & Kapelsohn, by Mr. Abraham J. Isserman and Mr. Sol D. Kapelsohn, of Newark, N. J., for the Guild. Miss Soia Mentschikoff, of New York City, for the Independent. Mr. Harry H. Kuskin, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by Newspaper Guild of New York, of American Newspaper Guild, affiliated with the Congress of Industrial Organizations, herein called the Guild, and Standard & Poor's In- dependent Association, herein called the Independent, each alleging that a question affecting commerce had arisen concerning the repre- 41 N. L. R. B., No. 79. 373 374 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sentation of employees of Standard & Poor's Corporation, New York City, herein called the Company, the National Labor Relations Board consolidated the cases and provided for an appropriate hearing upon due notice before Helen F. Humphrey, Trial Examiner. Said hear- ing was held at New York City on April 20, 21, and 28, 1942. The Company, the Guild, and the Independent appeared, participated, and were afforded full opportunity to be heard, 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Standard & Poor's Corporation (formerly Standard Statistics Com- pany, Inc.), a New York corporation with its principal office in New York City, and with branch offices in 5 cities of the United States, is engaged in the preparation and furnishing of statistics, data, and commercial advice as to securities, industry, and. commerce. The present proceeding is concerned only with the Company's New York Office. In the course of its business, the Company issues publications to its clients and also sells its publications, distributing them through- out the country through its sales offices and central New York office. Since June 1941, the Company, which formerly did its own printing, has been under contract with Wilson H. Lee Company in Orange, Connecticut, for the printing, publishing, and mailing of its publi- cations. One of the Company's branch offices is also located in Orange, Connecticut. During the 6 months prior to the hearing, paper used by the Company, valued at $75,000, and approximately 95 percent of all raw materials purchased by the Company, came from outside the State of Connecticut. During the same period, approximately 95 percent of the Company's finished products, consist- ing of pamphlets, letters, and other publications, in excess of 100,000 pieces, was shipped from the State of Connecticut to other States of the United States and to foreign countries. The Company admits it is engaged in commerce, within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Newspaper Guild of New York, of American Newspaper Guild, is a labor organization affiliated with the Congress of Industrial Organ- izations, admitting to membership employees of the Company. STANDARD & POOR ' S CORPORATION 376 Standard & Poor's Independent Association is an unaffiliated labor organization, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that the Company had refused to recognize either the Guild or the Independent as the sole bargaining representa- tive of the Company's employees in the units alleged in the petitions herein to be appropriate.' A statement of the Regional Director, which is hereby made part of the record,2 shows that both the Guild and the Independent repre- sent a substantial number of employees of the Company 8 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 We find, in accordance with the stipulation of the parties, that the three following groups of employees in the Company's New York office constitute separate units appropriate for the purposes of col- lective bargaining, within the meaning of Section 9 (b) of the Act. I A one-year collective bargaining agreement terminating December 31 , 1941 , between Standard Statistics Company, Inc., and Standard Employe's Association , provided for its renegotiation upon notice by either party on or before December 1, 1941. Notice of a desire to renegotiate the contract was given by the Association to Standard Statistics Company, Inc., and to the Company on December 1, 1941 . The Association then assigned its rights under the contract and the notice to the Guild . On December 11, 1941, the Guild wrote to the Company, advising it of the assignment, notifying it that the Guild represented a majority of the employees covered by the contract, and requesting that the Company negotiate a new contract with the Guild. The Company refused to recognize the Guild. 2 The statement was not put in evidence at the hearing, but the parties have since stipulated that it may be made part of the record. 8 The Regional Director reported that the Guild had 124 membership -application cards, 117 of which were dated as follows : 105 in November 1941 , 5 in December 1941, 6 in January 1942, and 1 undated ; that 121 of the 124 cards bore signatures which appeared to be genuine ; and that 114 of the 121 names on the cards appeared on the Com- pany's pay roll of December 26, 1941. The pay roll contained the names of 217 employees in the unit claimed to be appropriate by the Guild The Regional Director also reported that the Independent had 196 membership cards, 178 of which were dated as follows : 109 in December 1941, 66 in January 1942, and 3 undated ; that 194 of the 196 cards bore signatures which appeared to be genuine ; and that 178 of the 194 names on the cards appeared on the Company's pay roll of December 26, 1941. 376 DECISIONS OF -NATIONAL,, LABOR RELATIONS BOARD : .(1) All editorial employees, including temporary employees replac- ing those presently in the armed forces,,but excluding supervisory, and confidential employees, and seasonal employees.4 (2) All mailing and: distribution employees, centrals files, library, and Raiteri statistical employees, including breakdown employees and temporary 'employees replacing those presently in the armed- forces, but excluding supervisory and confidential employees, and seasonal ^employees.5 - (3) All remaining employees, including temporary employees re- placing those presently in the armed forces, but excluding supervisory and confidential employees, and seasonal employees. V. THE- DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by elections by secret ballot. The Guild urges that-the Company's pay,-roll either of April 3, 1942, or of April 17, 1942; be used to determine eligibility to vote in any elections, and objects to the use of a current pay roll on the ground that it would make possible alteration or manipulation of the pay roll. There is, however, nothing in the record to indicate that any such alteration or manipulation may be expected if a current pay roll is used. The Company urges the use of a current pay roll; and objects to the use of an earlier pay roll on the ground that many changes have, since occurred. , The Independent has no 'objection to the use either of the pay roll of 'April 17, 1942, or of a current The parties agree that the following classifications 'listed on the Company's April 3, 1942, pay roll , in evidence, fall within this unit : r, corporation records legal department daily news clippings dididend • records descriptions editorials earnings miscellaneous ( including corporation records guide and index- miscellaneous) new issues railroad descriptions posting unit called bonds ' real estate descriptions earning and 'financial utility descriptions bond investments financial statistics facts and forecasts economics field staff central information bond reports / ' banks , insurance , investment trust stock reports ' ' iailroads' register security and industrial analytical division status of bonds trade and securities teletype ,: ,- municipal bonds, utilities purchasing and stock a The parties agree that the following classifications listed on the Company 's April 3, 1942, pay roll, in evidence , fall within this unit : library New York mailing and messengers breakdown central files (' =: `J'1 STAuvDA'R0 &' P00R-'S•,CORPORAT'P0N_ - : 377 pay roll,-providing that the pay roll used contains the same classific'-r tio'ns as appear in the' April 3, 1942, pay' roll. Under -the, circum- stances, we,see no reason for-departing from our' practice 'fusing a current pay roll to determine eligibility to vote. We shall direct that theemployees of'the Company eligible to vote in the elections shall be those 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. I The Guild, desires to participate ill any elections directed to be held among the 'employees in the first two "units . found, ftbove. to be appropriate, but not in any election ' directed to be held among - the employees in the third unit. We shall direct that the Guild's name not appear on the ballot in the election among the employees in the third unit. The Guild and the Independent have stipulated, without objection by the Company, and we find, that employees Andritos, Berg, Reiger, Stec, and Thompson shall be eligible to vote in the election among, the editorial employees in the first unit, that employees Domanska, Parker, and Watson shall be eligible to vote in the election among the mailing and distribution and other employees in the second unit, that employees Cutler and Welter shall be eligible to vote in the election among the remaining employees in the third unit, and that employees Doblin, Dully, Richardson, and Traub shall not be eligible to vote in any of the elections. 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 Rela- tions Act, and pursuant to Article III, Section 8, 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 Standard & Poor's Corporation, New York City, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Elections, under the direction and supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the employees in the Company's New York office in each of the units found appropriate in Section IV, above, who were em- ployed during the pay-roll period immediately preceding the date 378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporar- ily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether the employees in the first and second units, respectively, desire to be represented by Newspaper Guild of New York, of American Newspaper Guild, affiliated with the Congress of Industrial Organizations, or by Standard & Poor's Independent Association, for the purposes of collective bargaining, or by neither; and to determine whether or not the employees in the third unit desire to be represented by Standard & Poor's Inde- pendent Association, for the purposes of collective bargaining.