New York Evening Journal, Inc.

In the Matter of NEW YORK EVENING JOURNAL, INC. and NEWSPAPER GUILD OF NEW YORK In the Matter of NEw YORK EVENING JOURNAL, IN C. and AMERICAN ADVERTISING ASSOCIATES UNION, FEDERAL LOCAL 21627 Cases Nos. R-715 and R-866, respectively SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES April 7, 1939 On December 5, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding.' On December 17, 1938, the Board issued an Amendment to Direction of Elections.' In its Decision, as amended, the Board provided that elections by secret ballot be conducted as soon as convenient and beginning as promptly as practicable after the date of the Direction, and further expressly authorized the use of the United States mail for the purposes of the election, under the super- vision of the Regional Director for the Second Region, among those employees of New York Evening Journal, Inc., herein called the Company, who fell within the groups described below : (a) City inspectors in the circulation department, to determine whether they desired to be represented by Newspaper Guild of New York, by American Federation of Labor Newspaper Organization Council, or by Newspaper and Mail Deliverers' Union, or by none of them, for the purposes of collective bargaining; (b) All other employees except executives, employees who are cov- ered by the contracts of Stereotypers' Union; Electrotypers' Union; Paper Handlers' and Straighteners' Union ; New York Newspaper Printing Pressmen's Union ; Local Union No. 3, International Brother- hood of Electrical Workers; Newspaper and Mail Deliverers' Union; Mailers' Union; Photo Engravers' Union; and Typographical Union; employees who are members of or are eligible to membership in Build- ing Service Employees Local No. 32b; International Association of ' 10 N L. R B. 197. 2 ION L It B. 216. 12 N. L. R. B., No. 18. 127 128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Machinists; Commercial Telegraphers' Union; and International Alli- ance of Billposters and Billers of America, Local No. 2, American Federation of Labor; employees of Hearst International Advertising Service and those employees who are in advertising merchandise re- search; employees of the American Weekly; composing-room boys, city inspectors; temporary employees; schoolboys who are part-time employees, including jumpers, contract helpers, and similar part-time boys; to determine whether they desired to be represented by New York Newspaper Guild or by American Federation of Labor News- paper Organization Council for the purposes of collective bargaining, or by neither. In its Decision, the Board made no final determination concerning the appropriate unit for the purposes of collective bargaining with the Company with respect to the city inspectors. The New York News- paper Guild, herein called the Guild, contended that the city inspectors together with all other employees in the editorial and commercial divisions, including business, circulation, advertising, and allied groups, with certain exceptions, constitute an appropriate unit. The Newspaper and Mail Deliverers' Union, herein called the N. M. D. U., contended that the inspectors should be excluded from the general unit. The Board stated that since either contention could be sustained, it would direct a separate election to be held for the inspectors, and that on the result of this election would depend in part its determina- tion of the appropriate unit for collective bargaining with the Com- pany. The Board stated : "If a majority of the city inspectors cast their votes for the Guild and/or the American Federation of Labor, the city inspec- tors shall be included within the general unit ... In the event, however, that a majority of the city inspectors cast their votes for the N. M. D. U. or for neither the Guild, the American Federation of Labor, nor the N. M. D. U., the city inspectors shall be excluded from the general unit." Pursuant to the Direction, as amended, described above, elections by secret ballot were conducted under the direction and supervision of the Regional Director for the Second Region (New York City) on December 20, 1938, at New York City, except as to employees in the classification of Road Men in the Circulation Division, who were voted by mail. On December 30, 1938, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued and duly served upon the parties her Intermediate Report on the Secret Ballot. No objections or exceptions to the Intermediate Report have been filed by any of the parties. NEW YORK EVENING JOURNAL, INC. 129 As to the balloting and its results, the Regional Director reported as follows : (a) Among the group of employees listed in paragraph (a) of the Direction : Total number eligible to vote-------------------------------- 22 Total number of ballots cast -------------------------------- 19 Total number of ballots counted ------------------------------ 19 Total number of votes in favor of : New York Newspaper Guild----------------------------- 0 American Federation of Labor Newspaper Organization Council---------------------------------------------- 0 Newspaper and Mail Deliverers ' Union---- -------------- 19 None of the afore-mentioned organizations--------------- 0 Total number of blank ballots------ ------------------------- 0 Total number of challenged votes ---------------------------- 0 (b) Among the group of employees listed in paragraph (b) of the Direction as amended : Total number eligible to vote-------------------------------- 713 Total number of ballots cast -------------------------------- 620 Total number of ballots counted ----------------------------- 595 Total number of votes in favor of : American Federation of Labor Newspaper Organization Council---------------------------------------------- 158 New York Newspaper Guild----------------------------- 415 Neither organization ------------------------------------ 22 Total number of blank ballots--------- ---------------------- 0 Total number of void ballots-------------------------------- 0 Total number of challenged votes---------------------------- 25 Although the 25 challenged votes could not affect the results of the election, the parties nevertheless requested that the challenges be ruled upon so that it could be determined whether or not those employees whose votes were challenged are included in the appropriate unit. On February 21,1939, the Regional Director for the Second Region issued and duly served upon the parties her Supplemental Intermediate Report, in which she made various rulings concerning the inclusion or exclusion of the employees who votes were challenged. No objec- tions or exceptions to the Supplemental Intermediate Report have been filed by any of the parties. SUPPLEMENTAL FINDINGS OF FACT In accordance with these rulings made by the Regional Director, we find that Louis Kamp, V. Montamoras, S. Tucker, James Reche, Paul Gardner, and V. Daly, while technically not on the pay roll of April 1, 1938, were eligible to vote; that J. Manketo, David Eisenberg and Mae Schneider are not temporary employees and so were eligible to vote; that the following employees are not executives within the meaning of paragraph (b) of the Board's Direction, and were eligible 130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to vote: William Skelly, P. L. Campbell, John F. Spicer, L. McCabe, F. S. Cone, 0. Neudorfer, Sterling Noel, H. Slaught, Georgie (Jean Harper) Englehart, W. H. Ryan, Clarence Houseman, A. A. Nelson, Martin Dunn, and Paul Kuzma. We further find that these employees fall within the appropriate unit as described in paragraph (b) of the Direction, as amended. We find, however, that J. Stenard and Vin- cent Sexton are temporary employees within the meaning of said paragraph (b) of the Direction, as amended, and so are excluded from the appropriate unit. We find that all employees except executives, employees who are covered by the contracts of Stereotypers' Union; Electrotypers' Union; Paper Ha. dlers' and Straighteners' Union; New York Newspaper Printing Pressmen's Union; Local Union No. 3, International Brother- hood of Electrical Workers; Newspaper and Mail Deliverers' Union; Mailers' Union; Photo Engravers' Union; and Typographical Union; employees who are members of or are eligible to membership in Build- ing Service Employees Local No. 32b; International Association of Machinists; Commercial Telegraphers' Union; and International Al- liance of Billposters and Billers of America, Local No. 2, American Federation of Labor; employees of Hearst International Advertising Service and those employees who are in advertising merchandise re- search; employees of the American Weekly; composing-room boys, city inspectors; temporary employees; schoolboys who are part-time employees, including jumpers, contract helpers, and similar part-time boys constitute a unit appropriate for the purposes of collective bar- gaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and collective bar- gaining and otherwise effectuate the policies of the Act. We find that the Guild has been designated and selected by a major- ity of the employees in the above-described unit as their representative for the purposes of collective bargaining. It is, therefore, the exclu- sive representative of all employees in such unit for the purposes of collective bargaining, and we will so certify. Upon the basis of the above findings of fact, and upon the entire record in the case, the Board makes the following : SUPPLEMENTAL CoNCLusIONS OF LAW 1. All the employees except executives, employees who are covered by the contracts of Stereotypers' Union; Electrotypers' Union; Paper Handlers' and Straighteners' Union ; New York Newspaper Printing Pressmen's Union ; Local Union No. 3, International Brotherhood of Electrical Workers; Newspaper and Mail Deliverers' Union, Mailers' Union; Photo Engravers' Union; and Typographical Union; em- ployees who are members of or are eligible to membership in Building Service Employees Local No. 32b; International Association of Ma- NEW YORK EVENING JOURNAL, INC. 131 chinists; Commercial Telegraphers' Union; and International Alli- ance of Billposters and Billers of America, Local No. 2, American Federation of Labor; employees of Hearst International Advertising Service and those employees who are in advertising merchandise re- search; employees of the American Weekly; composing-room boys, city inspectors; temporary employees; schoolboys who are part-time employees, including jumpers, contract helpers, and similar part-time boys constitute a unit appropriate for the purposes of collective bar- gaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 2. New York Newspaper Guild is the exclusive representative of all the employees in such unit for the purposes of collective bargaining, within the meaning of Section 9 (a), 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 UERF.RY CERTIFIED that New York Newspaper Guild has been designated and selected by a majority of all employees of New York Evening Journal, Inc., New York City, excluding executives, em- ployees who are covered by the contracts of Stereotypers' Union; Electrotypers' Union; Paper Handlers' and Straighteners' Union; New York Newspaper Printing Pressmen's Union; Local Union No. 3, International Brotherhood of Electrical Workers; News- paper and Mail Deliverers' Union; Mailers' Union; Photo Engravers' Union; and Typographical Union; employees who are members of or are eligible to membership in Building Service Employees Local No. 39,b; International Association of Machinists; Commercial Teleg- raphers' Union; and International Alliance of Billposters and Billers of America, Local No. 2, American Federation of Labor; employees of Hearst International Advertising Service and those employees who are in advertising merchandise research; employees of the American Weekly; composing-room boys, city inspectors; temporary employees; schoolboys who are part-time employees, including jumpers, contract helpers, and similar part-time boys as their representative for the pur- poses of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, New York Newspaper Guild 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. 169134-39-vol. 12-10 132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD [SAME TITLE] SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES May 12, 1939 On December 5, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceedings. In this Decision, the Board did not finally pass on the conflicting claims of Newspaper Guild of New York, herein called the Guild, and New York Typographical Union No. 6, herein called the Typographical Union, concerning the inclu- sion of the composing-room boys employed by New York Evening Journal, Inc., herein called the Company. The Guild contended that these composing-room boys should be included in the general unit claimed by it; the Typographical Union, on the other hand, re- quested that this group of employees be excluded. The Board, in its Decision, accordingly stated : At the oral argument on August 25, 1938, however, the rep- resentative of the Typographical Union stated that the Execu- tive Council of the Union was then working upon the establish- ment of an auxiliary to the Union which would give composing- room boys limited membership as sub-apprentices.... We have previously stated that "If the typographical craft organizations desired to bargain for them [the composing-room boys] we should be disposed to exclude them from a unit com- posed largely of white-collar workers, but we are impelled by the consideration that no one will bargain for these workers if [the Guild] does not." 1 It appears now that the Typograph- ical Union does desire to bargain for the composing room boys and that it has taken concrete steps toward creating machinery for their representation. In view of pending developments, we shall suspend our final conclusions on the claims made by the Guild and the Typo- graphical Union concerning the composing-room boys. For the present, we shall exclude these boys from the unit claimed by the Guild. If, however, at the end of 90 days from the date of this Decision, no satisfactory machinery has been set up to pro- 'Matter of Daily Mirror, Ino. and The Newspaper Guild of New York, 5 N. L R B. 362; Matter of Times Publishing Company and The Newspaper Guild of Detroit, 8 N. L. R. B. 1170. NEW YORK EVENING JOURNAL, INC. 133 vide the composing-room boys with bona fide representation, we shall then entertain a motion to include them in the general unit hereinafter found to be appropriate. Thereafter, the Board issued an Amendment to Direction of Elec- tion,2 and, subsequently, a Supplemental Decision and Certification of Representatives 8 in which it certified the Guild as the execlusive representative of the employees in the appropriate unit. On April 7, 1939, after the 90-day period provided for in the original Decision had expired, the Guild filed with the Board a motion to include the composing-room boys in the general unit previously found by the Board to be appropriate. In its motion, the Guild stated that the Typographical Union had set up no machinery to provide the com- posing-room boys with bona fide representation. On April 13, 1939, the Board, through its Assistant Secretary, notified the Company and the Typographical Union of the receipt of the Guild's motion and advised the Company and the Typographical Union that the Board would proceed to a consideration of this motion "after allow- ing a period of 10 days from the date of receipt of this letter within which representations of the respondent and the International Typo- graphical Union may be made to the Board with respect to the motion." Neither the Company nor the Typographical Union made such representations. Since the Guild's motion is thus unopposed, and in view of the Board's statement in the original Decision, the Guild's motion to include the composing-room boys in the unit found by the Board to be appropriate is hereby granted. In its Supplemental Decision and Certification of Representatives, the Board found that the Guild had been designated as exclusive agent by the employees in the appropriate unit by a large majority. The 40 votes of the com- posing-room- boys could not affect the results of the election or the certification. Therefore, we shall certify the Guild as the exclusive representative of the employees in the appropriate unit as enlarged by the inclusion of the composing-room boys. Accordingly, we hereby withdraw the Supplemental Conclusions of Law and the Cer- tification of Representatives as set out in our Supplemental Decision and Certification of Representatives, and substitute therefor the Amended Conclusions of Law and Certification of Representatives below. Upon the basis of the above findings of fact, and upon the entire record in the case, the Board makes the following: 210N L R. B. 216. 212 N. L. R. B. 127. 134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD AMENDED CONCLUSIONS OF LAW 1. All the employees except executives, employees who are covered by the contracts of Stereotypers' Union; Electrotypers' Union; Paper Handlers' and Straighteners' Union ; New York Newspaper Printing Pressmen's Union ; Local Union No. 3, International Brotherhood of Electrical Workers ; Newspaper and Mail Deliverers' Union ; Mail- ers' Union; Photo Engravers' Union; and Typographical Union; employees who are members of or are eligible to membership in Building Service Employees Local No. 32b; International Associa- tion of Machinists; Commercial Telegraphers' Union; and Interna- tional Alliance of Billposters and Billers of America, Local No. 2, American Federation of Labor; employees of Hearst International Advertising Service and those employees who are in advertising mer- chandise research ; employees of the American Weekly ; city inspec- tors; temporary employees; schoolboys who are part-time employees, including jumpers, contract helpers and similar part-time boys con- stitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 2. New York Newspaper Guild is the exclusive representative of all the employees in such unit for the purposes of collective bargaining, within the meaning of Section 9 (a) of the National Labor Relations Act. AMENDED 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 Re- lations 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 New York Newspaper Guild has been designated and selected by a majority of all employees of New York Evening Journal, Inc., New York City, excluding executives, employees who are covered by the contracts of Stereotypers' Union ; Electrotypers' Union ; Paper Handlers' and Straighteners' Union; New York Newspaper Printing Pressmen's Union; Local Union No. 3, International Brotherhood of Electrical Workers; Newspaper and Mail Deliverers' Union; Mailers' Union; Photo En- gravers' Union; and Typographical Union; employees who are mem- bers of or are eligible to membership in Building Service Employees Local No. 32b; International Association of Machinists; Commercial Telegraphers' Union ; and International Alliance of Billposters and Billers of America, Local No. 2, American Federation of Labor; NEW YORK EVENING JOURNAL, INC. 135 employees of Hearst International Advertising Service and those employees who are in advertising merchandise research; employees of the American Weekly; city inspectors; temporary employees; schoolboys who are part-time employees, including jumpers, con- tract helpers, and similar part-time boys as their representative for the purposes of collective bargaining and that, pursuant to the pro- visions of Section 9 (a) of the Act, New York Newspaper Guild 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. MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Second Supplemental Decision and Certification of Representatives. 12 N. L. R. B., No. 18a.