The Niagara Falls Gazette Publishing Co.

264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD THE NIAGARA FALLS GAZETTE PUBLISHING COMPANY and BUFFALO NEWSPAPER GUILD, LOCAL 26 AMERICAN NEWSPAPER Guiu (CIO), PETITIONER. Case No. 3-RC-19299. January 20, 1955 Amended Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before John N. Shea, Jr., hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Petitioner moved to amend the Board's Decision and Direction of Election heretofore issued herein, which directed an election in a separate departmental unit, by directing a self-determination election in the voting group found appropriate in the original decision, and thus permit the employees sought by the Petitioner to be bargained for as part of its existing unit, if they so desire. For the reasons hereinafter stated in paragraph numbered 4, the Petitioner's motion is granted. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization named below claims to represent cer- tain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. Appropriate unit : Pursuant to a consent election agreement executed between the Employer and Petitioner in November 1951, the Petitioner was cer- tified on December 7, 1951, as bargaining representative for all em- ployees in the Employer's editorial department. Thereafter, the Pe- titioner requested recognition for all business office employees, includ- ing employees in the classified and display, advertising, payroll, inside circulation, and office maintenance departments, and employees known as district managers, excluding only the outside circulation employees and the usual exclusions. The Petitioner further sought to consoli- date the unit requested with the unit of editorial employees which it already represents. The Employer contends that only a separate departmental unit is appropriate. There was no dispute as to the composition of the unit. The Board has stated in the past that the optimum bargaining unit in the newspaper industry is one comprising employees in all nonmechanical departments. The Bureau of National Affairs, Inc., 96 NLRB 673, 98 NLRB 87; Capital Journal, 93 NLRB 1321. In the 111 NLRB No. 44. BLOCK CUT MANUFACTURERS, INC. 265 present case the Petitioner seeks to combine in a single unit all em- ployees in the nonmechanical departments, excluding only the outside circulation employees, guards, and supervisors. We find that the em- ployees petitioned for have a substantial community of interest with the editorial department employees, which would entitle them to be included in a single unit with the editorial department employees, if they so desire. The Chicago Daily News, Inc., 98 NLRB 1235. Under these circumstances, and in view of the Board's holding in The Chicago Daily News, Inc., supra, finding the optimum bargain- ing unit in the newspaper industry is one comprising employees in all nonmechanical departments, the Board finds merit in the Peti- tioner's motion, and accordingly issues this Amended Decision and Direction of Election, amending its original decision to direct a self- determination election herein which would permit the employees sought herein to be bargained for as part of the existing unit, if they so desire. Accordingly, we shall direct an election in the following voting group: All business office employees employed at the Employer's Niagara Falls, New York, plant, including employees in the classified and dis- play, advertising, payroll, inside circulation, and office maintenance departments, and employees known as district managers, but excluding the confidential secretary to the publisher and general manager, guards, employees in the outside circulation department, circulation manager, classified advertising manager, display advertising manager, and all other supervisors as defined in the Act. If a majority of the employees voting cast ballots for the Petitioner, they will be taken to have indicated their desire to be part of a single unit together with the editorial department employees, and the Peti- tioner may bargain for them as part of such unit. The Regional Di- rector conducting the election directed herein is instructed to issue a certification of results of election to such effect. [Text of Direction of Election omitted from publication.] BLOCK CUT MANUFACTURERS, INC. and GLOVE WORKERS UNION OF FULTON COUNTY, OPERATORS AND DAY HANDS BRANCH ,' PETITIONER FULTON COUNTY GLOVE MANUFACTURERS, INC. and GLOVE WORKERS UNION OF FULTON COUNTY, OPERATORS AND DAY HANDS BRANCH, PETITIONER BLOCK CUT MANUFACTURERS, INC. and GLOVE WORKERS UNION OF FULTON COUNTY, OPERATORS AND DAY HANDS BRANCH , PETITIONER i The name of the Petitioner appears as amended at the hearing. 111 NLRB No. 42.