Star Publishing Co.

In the Matter Of STAR PUBLISHING COMPANY and INDIANAPOLIS NEws- PAPER GUILD, LOCAL 70, AMERICAN NEWSPAPER GUILD, C. I. 0. Case No. 11-R-858.-Decided December 29, 1945 Messrs. Carl Wilde and W. A. Dyer, of Indianapolis, Ind., for the -Company. Messrs. Joseph K. Shepard and Jack H. Munro, of Indianapolis, Ind., for the Union. Mr. Ben. E. Cook, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Indianapolis Newspaper *Guild, Local 70, American ! Newspaper Guild, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Star Publishing Company, In- dianapolis , Indiana, herein called the Company , the National Labor Relations Board provided for an appropriate hearing upon due notice before William 0. Murdock, Trial Examiner. The hearing was held at Indianapolis , Indiana, on August 24, 1945. The Company and the Union appeared and participated . All parties were afforded full opportunity to be heard , to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Ex- aminer'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. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Star Publishing Company is an Indiana corporation, having offices* in Indianapolis and Muncie, Indiana, where it publishes daily and Sunday newspapers of general circulation. This proceeding involves only employees of the Indianapolis plant. The Company's annual 65 N. L. R. B., No. 8. 35 36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD out-of-State purchases of news print and ink exceed $50,000, and its annual revenue exceeds $250,000, three-fifths of which is secured from the sale of advertising, and 15 percent represents sales from sources outside the State of Indiana. The Company uses the news services of the Associated Press, the United Press, North American Newspaper Alliance, King Features, and other syndicates providing news and photographs. The Company admits that it is 'engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Indianapolis Newspaper Guild, Local 70, American Newspaper Guild, is a labor organization, affiliated with the Congress of Indus- trial Organizations, admitting to membership employees of the Com- pany. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.' 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 UNIT The Union seeks to represent all janitors employed by the Company at its Indianapolis plant. The Company does not generally oppose the foregoing unit, but does object to inclusion of the press and com- posing room janitors and the janitor at the Irvington branch office. Although the press room and composing room janitors and the janitor at the branch office are under separate immediate supervision, they perform the same type of work as the maintenance janitors in the office building and on occasion are interchanged. We are of the opinion that all janitors have duties and interests warranting their inclusion in a single bargaining unit; we shall, therefore, include the press room, composing room, and branch office janitors in the unit herein- after found appropriate. 'The Field Examiner reported that the Union submitted 10 cards hearing the names of 10 employees, listed on the Company's pay roll of August 3, 1945, and that 7 cards are dated'April 1945, 1 May 1945, and 2 are undated. There are approximately 12 employees in the appropriate unit STAR PUBLISHING COMPANY 37 We find that all janitors employed by the Company at Indianapolis, Indiana, including janitors at the Irvington branch office and in the composing and press rooms, but excluding all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION 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 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Star Publishing Company, Indianapolis, Indiana, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) days from the date of this Direction, under the direction and supervision of the Regional Director for the Eleventh 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 em- ployees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to deter- mine whether or not they desire to be represented by Indianapolis Newspaper Guild, Local 70, American Newspaper Guild, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.