New York Post, Inc., and Publishers Service, Inc.

In the Matter of NEW YORK POST, INC., AND PUBLISHER S SERVICE, INC. and NEWSPAPER GUILD OF NEW YORK Case No. R-1169.-Decided August 341, 1939 Newspaper Publishing and Promotional Industry-Employer: parent cor- poration and its wholly owned subsidiary-Investigation of Representatives: -controversy concerning representation of employees: controversy concerning appropriate unit : refusal of employer to recognize union as representative of. -employees within proposed unit until question of unit is determined-Unit Appropriate for Collective Bargaii-nving: employees in commercial and editorial departments of parent corporation and subsidiary , excluding employees covered by contracts with craft . unions and other specified exclusions , no controversy as to ; controversy as to return-room clerk, addressograph employees, roadmen• and inspectors, composing-room boys, and executives ; desires of employees are -determinative where the other 'factors are evenly balanced as to roadmen and inspectors ; absence of successful past bargaining and employee's own choice are determining factors as to return-room clerk and addressograph employees; lack of adequate bargaining machinery in craft unit a determining factor as to return-room clerk ; question open for reconsideration when such machinery becomes available; executives included where no objection to their inclusion- Elections Ordered: where no contest as to the majority of the only union involved and no request for election by any parties ; 'separate election for inspectors and roadmen. Mr. Will Maslow and Mrs. Hilda Shea, for the Board. Mr. Edward S. Weyl, of Philadelphia, Pa., for the Companies. Isserman, Isserman cf Kapelsohn, by Mr. Abraham J. Isserman, of Newark, N. J., for the Guild. Mr. Louis H. Katz, of New York City, for the Association. Mr. Frank O'Hara, of New York City, for the Mailers' Union. Mr. Anthony Finamore, of New York City, for the N. M. D. U. Mr. Alfred Peabody, of New York City, for the I. A. M. Mr. Nicholas Gallo, of New York City, for the N. D. C. U. Mr. Ralph Winkler, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On April 11, 1938, Newspaper Guild of New York, herein called the Guild, filed with the Regional Director for the Second Region (New York City) a petition, and on April 26, 1938, an amended 14 N. L. R. B., No. 78. 1008 NEW YORK POST, INCORPORATED 1009; petition, alleging that a question affecting commerce had arisen concerning the representation of employees of New York Post, Inc., New York City, herein called the Post, and Publishers Service Com- pany, Inc., New York City, herein called Publishers Service,' and :requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 1, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Article III, Section 3, of National Labor Relations Board Rules and Regu- lations-Series 1, as amended, ordered an investigation and author- ized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 10, 1939, the Regional Director issued a notice of hearing, and on April 10, an amended notice of hearing, copies of which were duly served upon the Post; upon Publishers Service; upon New York Photo Engravers Union, No. 1; upon Newspaper Delivery Clerks Union, Inc., herein called the N. D. C. U.; upon Newspaper and Mail Deliverers' Union of New York and Vicinity, herein called the N. M. D. U.; upon New York 't'ypographical Union, No. 6, herein called the Typographical Union; upon Paper Handlers and Straighteners' Union, No. 1; upon New York Newspaper Print- ing Pressmen's Union, No. 2; upon New York Stereotypers' Union, No. 1; upon Mailers' Union, No. 6 of New York City and Vicinity, herein called the Mailers' Union; upon International Association of Machinists, herein called the I. A. M.; upon New York Post Em- ployees Association, herein called the Association; and upon Local Union No. 3, International Brotherhood of Electrical Workers, all labor organizations claiming to represent employees directly affected by the investigation-' Pursuant to the notice, a hearing was held on April 24, 27, and 28, 1939, at New York City, before Joseph L. McGuire, the Trial Examiner duly designated by the Board. The Board,. the Post, Publishers Service, the Guild, and.the Association were represented by counsel, and the Mailers' Union, the N. M. D. U., -the I. A. M., and the N. D. C. U. by representatives; all participated .in the hearing.' Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the ' The Post and Publishers Service are at times hereinafter referred to as the Companies. 2 The following organizations also were served : International Typographical Union ; International Brotherhood of Teamsters , Chauffeurs . Stablemen & Helpers of America ; Building Service Employees Union, Local 32B; Electrotypers' Union #100; Book- 'keepers , Stenographers & Accountants' Union, A. F. L. ; Commercial Telegraphers Union .of America, Press Division No. 14; International Alliance of Billposters & Billers of America, Local No. 2, A. F. of L. $ The Typographical Union made no appearance at the hearing, but it notified the .Board that its position in the present case was the same as that taken by it in Matter ,.of New York Evening Journal, Inc. and Newspaper Guild of New York, 10 N. L, R. B. 197. 1010 DECISIONS OF"-NA'T'IONAL LABOR RELATIONS BOARD issues was afforded all parties. During the course of the hearing: the Trial Examiner made various rulings on motions and on objec- tions to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors: were committed. The rulings are hereby affirmed. On June 27, 1939, the Guild lodged with the Board its written Motion To Reopen Representation Hearing, requesting that the,,, hearing be reopened to admit to the record evidence showing that after the hearing was concluded it was designated as collective bar- gaining representative by six persons employed as inspectors by the Post. Copies of the motion were served upon the. Post and upon: the N. M. D. U. The Board hereby directs the filing instanter of said motion as part of the record herein. For reasons hereinafter appearing, the motion is denied. Upon the entire record in the case, the Board makes the following: FINDINGS Or FACT I. THE BUSINESS OF THE COMPANIES New York Post, Inc., a New York corporation, having its principal office and place of business in New York City, is engaged in the publication, distribution, and sale of a daily newspaper, the New York Post. It operates a newspaper and publishing plant in New York City where the newspaper is printed and published. All the newsprint and ink used at the plant in the course of publication in 1938, amounting to approximately 19,000 tons, were shipped to the plant from points outside the State of New York. Equipment. and supplies of a value of approximately $150,000, other than machinery, newsprint, and ink used by the Post at the plant during 1938, were shipped to the plant from points outside the State of New York. The daily average circulation of the New York Post in 1938 was. about 250,000 copies, approximately 8.7 per cent of which were circulated and distributed outside the State of New York. Approxi- mately 25 per cent of the news items printed in. the New York Post in 1938, exclusive of special features, were gathered outside the State of New York. The Post subscribes to and receives at its plant material from independent news feature and photographic services, which collect and transmit news, features, photographs,. and related materials in all parts of the United States. Approximately 75,000 words are transmitted daily to the plant by the Associated. Press and the United Press from points outside the State of New York. The Post also receives syndicated features from outside the State. The Post carried approximately six million lines of advertises NEW YORK POST, INCORPORATED 1011 ing matter in 1938, of which about 13.8 per cent of the display advertising was so-called national advertising. The Post employs 1,262 persons who are assigned, for administrative purposes, to six departments: mechanical, editorial, circulation, advertising, adminis- tration, and promotion. Publishers Service Company, Inc., a New York corporation wholly owned and controlled by the Post, is engaged in the business of newspaper promotional service. It devises contests and other pro- motional schemes for its customers, which it sends by mail to them in various places throughout the country. In 1938, 92 per cent of its customers were located outside the. State of New York. In March .1939 Publishers Service employed approximately 26 persons. The Post and Publishers Service each stipulated that it was en- gaged in commerce, within the meaning of Section 2 (6) and (7) .of the Act. II. THE ORGANIZATIONS INVOLVED Newspaper Guild of New York is a labor organization, a local of the American Newspaper Guild, a labor organization, admitting to its.. membership "any person gainfully,. employed in and devoting the major part of his time to an editorial, business, circulation, pro- motion or advertising department, or allied groups of employees, of a news publication" in New York City and Long Island, New York. The American Newspaper Guild is affiliated with the Congress of Industrial Organizations. Newspaper and Mail Deliverers' Union of New York and Vicinity is-,an unaffiliated. labor organization admitting to its membership "all workers engaged in handling, distributing and delivering news- papers, periodicals and magazines" throughout the metropolitan area of New York City and vicinity. Membership in this organiza- tion, includes '"all workers provided for in the Union's wage scale agreements and only members working in any of the following posi- tions shall be considered as `engaged in the craft' ... Inspectors, Routemen . . .." M4tilers' Union, No. 6 of New York City.and Vicinity is a-labor organization chartered as a local by Mailers' Trade District Union of North America, a labor organization affiliated with International Typographical Union. The Mailers' Union is also affiliated with the American Federation of Labor, a labor organization. Membership in the Mailers' Union is limited to all employees doing work "apper- taining to mailing, such as addressing, tagging, bagging, stamping, labeling, bundling or wrapping, preparing lists or wrappers, operat- ing * stencil machines, sorting, routing, . . , counting of papers (leaving or returning) . . " 1012 DECISIONS OF NATIONAL LABOR RELATIONS BOARD New York Typographical Union, No. 6, is a labor organization affiliated with the International Typographical Union, whose juris- diction includes "all branches of printing and kindred trades. other than those over which jurisdiction has been conceded by agreement." The Typographical Union • admits to membership "any: printer : who has attained the age of 21 years and has worked not less than' ,5: years as an apprentice in the Composing room." Newspaper Delivery Clerks Union, Inc. is a labor organization. The precise limits of its jurisdiction do not appear in the record. International Association of Machinists is a labor organization the precise limits of whose jurisdiction do not appear in the record. The New York Post Employees Association is an unaffiliated labor organization composed of employees of the book delivery and commercial departments of the Post. In addition to the organizations listed above, the following 'labor organizations, whose respective jurisdictions over various employees, of the Companies are not disputed, are involved : New York News- paper Printing Pressmen's Union, No. 2; Paper Handlers and Straighteners' Union, No. 1; New York Stereotypers' Union, No. 1;. New York Photo Engravers Union, No. 1; and Local Union No. International Brotherhood of Electrical Workers. III. THE QUESTION CONCERNING REPRESENTATION On October 8, 1937, the Guild and the Post executed a "Guild- shop" contract for a term of 1 year, covering employees in the "news and editorial. departments"' of the Post. On October 14, 1938, the parties agreed that this contract should continue as a contract of, the parties until January 14, 1939. Since January 14 the contract has been extended by oral agreement. There are now pending neggtia tions between the Guild and the Post, looking toward the making of a new contract. However, the Guild is seeking to bargain for and to have the new contract cover, in addition to employees in the mentioned departments, "commercial and allied department em- ployees" of the Post and employees of Publishers Service. Because, of claims made by other unions as to jurisdiction and membership. regarding certain employees of the commercial department whom+ the Guild now desires to have included in its new contract, the Post has refused to bargain collectively with the Guild regarding; em- ployees other than those in the news and editorial departments.'until the conflicting claims are settled. We find that a question has arisen concerning the representation of employees of the Companies. -It is not clear from the record whether the news department is separate from the. editorial department. NEW YORK POST, INCORPORATED 1013. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE . We find that the question concerning representation which has arisen, occurring in connection with the operations of the Com- panies described in Section I above, has a. close, intimate, and sub- stantial relation to trade, traffic, and commerce among the several States, and- tends to lead to labor disputes burdening and obstructing- commerce and the free flow of commerce. V. THE APPROPRIATE UNIT In its petition , as amended , the Guild alleges that the unit appro- priate for purposes of collective bargaining with the Companies con- sists of all employees of the Post and Publishers Service "with the- exception of: (1) All executives and officials of both companies; (2) All temporary workers in the public service department of New York Post, Inc.; (3) All canvassers and book deliverers working on book sales on a commission basis for New York Post, Inc.; (4 ) All em- ployees of both companies who are covered by existing company con- tracts with established craft unions; (5) all employees of both com- panies who are eligible to membership in said established craft unions; and (6) afternoon clerks and all-day clerks ." It is clear from the- position assumed by the Guild at the hearing , which all parties under- stood, that in excluding employees of group ( 5) above from the pro- posed unit, the Guild intended thereby to exclude "all employees of both companies who are covered by existing company contracts with established craft unions , and who are eligible to membership in said established craft unions." There is no dispute among the Companies and the labor organiza- tions involved as to the appropriateness in general of the proposed iinit for purposes of collective bargaining . The conflict which has. arisen concerns the inclusion or exclusion , as the case may be, within the proposed unit of certain classifications of employees and certain named employees . Except for the inclusion of employees of another company, Publishers Service, the unit proposed conforms substantially with the unit which we have found to be appropriate in other repre- sentation cases in the newspaper publishing industry.5 With respect to Publishers Service it is, as we have already indi- cated, a wholly owned and controlled subsidiary of the Post. The "Companies occupy the same premises , and one so-called promotion director, whose salary is paid by the Companies, supervises both the. 5See Matter of Seattle Post-Intelligencer Department of Hearst Publications , Inc. and Seattle Newspaper Guild, Local No. &, 9 N. L. R. B. 1262 ; Matter of New York Evening Journal„ Inc. and Newspaper Guild of New York, 10 N. L. R. B. 197; Matter of Rrooklym Dally Engle and Newspaper Guild of New York, 13 N. L. R. B. 974. 101:4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD promotion department of the Post and, to some extent, the activities of Publishers Service. The business manager of the Post is also secre- tary-treasurer of Publishers Service and acts in an advisory capacity to Publishers Service. The Companies have a common accounting de- partment, and one department prepares the pay rolls for the two Com- panies. Under these circumstances we are of the opinion that the employees of Publishers Service may appropriately be included° in the same unit with employees of the Post.' We see no reason-for not finding appropriate the proposed unit, in general. Accordingly, we find the proposed general bargaining unit to be appropriate. Here- inafter, we shall deal with the mentioned controversies as to the ex- clusion and inclusion of certain classifications of employees and named ,employees. The Post is operating under agreements with the following labor organizations : The Typographical Union ; the N. M. D. U.; New York Newspaper Printing Pressmen's Union, No. 2; the Mailers' Union; New York Stereotypers' Union, No. 1; Paper Handlers and Straight- eners' Union, No,. 1; New York Photo Engravers Union, No. 1; and Local Union No. 3, International Brotherhood of Electrical Workers. Publishers Service has no contracts with any labor organizations. At the hearing the parties defined with greater particularity the employees excluded from the unit. With reference to certain pay rolls of the Companies introduced in evidence, the following classi- fications and employees were stated to be excluded: all employees listed on the Circulation Department pay roll,7 except the employees hereinafter listed in Appendix A; all employees listed, on, the Com- posing Room pay roll,8 except the composing-room boys, hereinafter set forth in Appendix B ; all employees listed on the Press Room and Paper Handlers pay roll;9 all employees listed on the Stereotype pay roll,'0 except the employee hereinafter set forth in Appendix. C; all employees listed on the Photo Engraving and Photo Composing pay roll," except the employees, including the maskers, hereinafter set 6 See Matter of United Press Associations and American. Newspaper Guild, 3 N. L. R.-B. 344; ?latter of Standard Cap & Seal Company and Lodge 504, international Association of Machinists, 10 N. L. R. B. 466; Matter'of The Calco Chemical Company,'Ine'.'Nnd'The Calcocraft, Inc., 13 N. L. R. B. 34; Matter of The Harris-Hub Bed & Spring Com- pany, a corporation, Carl Harris Company, a corporation and United Farniture Workers of America, Local 1608, affiliated with the Congress of Industrial Organizations, 13 N. L. R. B. 1236; Matter of C. A. Lund. Company and Novelty Workers Union, Local .1866 (A. F. of L.) Successor; Matter of Christian A. Lund, Doing Business as 0. A; Lund Company and Northland Ski. Manufacturing Company, A Corporation and 1Voodenware Workers Union, Local 20481; and Matter of C. A. Lund Company and North- land Ski Manufacturing Company and Woodenivare Workers Union, Local 20481, 6 N. L. It. B. 423, affirmed, 103 F. (2d) 815 (C. C. A. 8th). Board Exhibits Nos. 14 and 15. Board Exhibit No. 16. Board Exhibit No. 17. ro Board Exhibit No. 18. ri Board Exhibit No. 19. NEW YORK POST, INCORPORATED 1015 forth in Appendix D; all employees listed on the Wonderland of Knowledge Canvass pay roll; 2 and all employees listed on the De- partmental pay roll, page 15.13 None of the parties disputes the ex- clusion of these employees from the unit. Further, the parties stip- ulated that the unit exclude Isabella Whitfield, listed on the Depart- mental pay roll, page 1411 and the persons listed on the Departmental pay roll, page 19.1' The Guild and the Companies also agreed that Ralph Neusitz and Wiley Owens and those persons hereinafter set forth in Appendix E 16 should be excluded as executives. We see no reason for not finding these employees in classifications excluded from the unit and we so find. The Guild took the position that the unit includes the employees listed in Appendices C and D and Saragino in Appendix A, on the ground that they are not covered by existing contracts with the Post. None of the organizations having contracts with the Post claims that these employees are covered by their contracts or that the inclusion of these employees in the proposed unit impinges upon their jurisdic- tion. We find that these employees are within the unit. We shall now consider the several classifications of employees and named employees over which there was disagreement as to their inclusion within the general bargaining unit. Addressograph Employees In the Circulation Department of the Post are two stencil or addressograph clerks whose names are set forth in Appendix F. "The stencil clerks punch out the names and addresses of consignees of the bundles on strips from addressograph machines. These strips are then turned over to the mailers who place the addresses on the bundles to be shipped." 17 The Mailers' Union claims jurisdiction over these employees by virtue of the eligibility clauses of its consti- tution, which generally cover all mailing functions and specifically cover stencil clerks if over 21 years of age. The Mailers' Union con- tract with the Post did not include these clerks and the evidence shows that this union has never been successful in its attempt to negotiate on their behalf. It is further significant that neither clerk 12 Board Exhibits Nos. 20 and 21. 13 Board Exhibit No. 23, p. 15. The employees listed on page 15 of this pay roll are : Wilbur Beekman, Fred Butts, Claude Clum, John Dineen, Walter Doyle, Arthur Gaebel, Edmund Goodrich , Robert Gray , Felix Murphy, John Pursell , and H . J. Bermilyea. 14 Board Exhibit No. 23, p. 14. 16 Board Exhibit No. 23, p. 19. The persons hereby excluded on page 19 are : George Babbage, A. F. J. Crandall, Herman Dippel, James Henderson, James Hurley, William Kistler, William Lawson, Archibald McEwan , Bessie Omansky , and Byron Pink. 16 It was stipulated at the bearing that the persons set forth in Appendix E are excluded from the unit either because they are executives in departments claimed by the Guild or in departments excluded from the unit. It appears from the title of their positions that these persons are executives. 11 This finding rests upon a stipulation entered into by the parties at the hearing. 1,90935-40-vol. 14--65 1016 DECISIONS Or. NATIONAL LABOR RELATIONS BOARD) is a member of the Mailers' Union. On the other hand, there is evidence that both designated the Guild their bargaining representa- tive. Under the circumstances, we find that the stencil clerks are within the general bargaining unit.18 Return Room Clerk The Post employs a return-room clerk, Artliur Jaeger, whose name is set forth in Appendix A, and whose job it is "to count the news- papers returned by the dealers and distributors and credit these re- turns to the route men." 19 Both the Mailers' Union and the N. M. D. U. claim that this clerk should not be within the general bargaining unit. The return-room clerk is eligibile to membership in both the Mailers' Union and the N. M. D. U. It appears, however, that the contract which each of these unions had with the Post did not cover return- room clerks. Neither of these organizations have solicited such clerks as members , although the Mailers' Union claimed at the time of the hearing that a new contract which it was then negotiating with the Post would cover this clerk. In view of the fact that neither the Mailers' Union nor the N. M. D. U. ever successfully negotiated for the return-room clerk and that he has not expressed a desire to be represented by them, we shall include the return-room clerk within the general bargaining unit.20 Composing Room Boys In the composing room are 13 composing-room boys' who move galleys of type about, pull proof from the news and advertising presses, do errands and clerical work generally in the composing room, and act as helpers to the journeymen . Functionally these boys are closely allied to the compositors. The Typographical Union 22 claims that these composing -room boys should not be included within the appropriate unit. It bases its contention on the fact that the boys work the same number of hours as the compositors and generally enjoy the same privileges concerning overtime and the use of sub- stitutes. The Typographical Union's present contract with the Post does not include the composing-room boys. 18 See Matter of New York Evening Journal, Inc . and Newspaper Guild of New York, :10 N. L. R. B. 197; Matter of Brooklyn Daily Eagle and Newspaper Guild of New York, 13 N. L. R. B. 974. 18 This finding rests upon a stipulation entered into by the parties at the hearing. 2D See Matter of New York Evening Journal, Inc. and Newspaper Guild of New York, 10 N. L. R. B. 197; Matter of Brooklyn Daily Eagle and Newspaper Guild of New York 13 N. L. R. B. 974. 21 The names of these employees are listed in Appendix B. 22 See footnote 2. NEW YORK POST , INCORPORATED 1017 We have stated in a previous case decided by the Board,23 where a similar question presented itself, that if "the typographical craft or- ganizations desired to bargain for [the composing room boys] .. . we should be disposed to exclude them from a unit composed largely of white-collar workers, but we are impelled [to conclude otherwise] by the consideration that no one will bargain for these workers if [the Guild] . . . does not." In a subsequent case 24 decided by the Board, where the question again arose, the typographical craft union indicated its desire to bargain for the composing-room boys and indi- cated that it had taken steps toward creating machinery for their representation. We there excluded the composing-room boys from it unit similar to that here involved, with leave to the union which sought to have these employees included in such unit to petition the Board within a stated period of time to have them so included should the typographical craft union fail to set up satisfactory bargaining ma- chinery for these employees. Thereafter, upon such petition being filed and showing made, we ordered the inclusion of these employees within the general unit.25 In a recent case 26 where the same question was presented, it appeared that the composing-room boys were in- eligible to join the typographical craft union unless they became apprentices and underwent a long training period. Further, the craft union did not enter an appearance to contest the inclusion of these employees within the general unit. We there included them. Twelve of the thirteen composing-room boys here involved have designated the Guild as their bargaining representative. We are not satisfied that adequate bargaining machinery is available to them in the Typo- graphical Union and we shall accordingly include these employees in the general bargaining unit. If hereafter the Typographical Union makes provision for representation of the composing-room boys, we shall reconsider the question of their inclusion in the general unit. City Inspectors and Road Men The Post employs approximately 11, persons as city inspectors and roadmen, whose names are listed in Appendix G and whose duties include "the maintenance of contacts with and supervision over news- stands, the reporting of circulation in the various localities, and the checking of route men." "' The roadmen are engaged in these 23 Matter of Daily Mirror, Inc. and The Newspaper Guild of New York, 5 N. L. R. B. 362. 24 Matter of New York Evening Journal, Inc. and Newspaper Guild of New York, 10 N. L. R. B. 197. anMatter of New York Evening Journal, Inc. and Newspaper Guild of New York, 12 N. L. It. B. 132. aaMutter of Brooklyn Daily Eagle and Newspaper Guild of News York, 13 N. L. It. B. 974. r This finding as to the city inspectors rests upon a stipulation entered into by the parties at the bearing. . - - 1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD duties outside the limits of New York City, whereas the inspectors perform these duties within the metropolitan area. The constitution of the N. M. D. U. expressly provides for the eligibility of these employees to membership. The N. M. D. U. contract with the Post did not cover these employees. It was testified, however, that the N. M. D. U. is presently bargaining for these employees with the Post and that some of them are members of that organization. In the Motion to Reopen Representation Hearing filed herein by the Guild, as above set forth, a showing was made that six of these employees withdrew from the N. M. D. U. and designated the Guild as their bargaining representative. It is not clear whether these are the same employees whom the N. M. D. U. claimed as members. In any event since the considerations which determine whether the city inspectors and roadmen are or are not within the general bargaining unit are so evenly balanced, the decisive factor should be the desire of the men themselves.28 We will, therefore, direct that a separate election be held among the inspectors and roachnen employed by the Post to deter- mine whether they desire to be represented by the Guild, by the N. M. D. U., or by neither. Upon the results of this election will depend whether these employees are within the general bargaining unit. If a majority of these employees 29 vote for the Guild they will thereby indicate that they desire to be represented by the Guild for collective bargaining and will be included in the general bargaining unit. If, on the other hand, the majority of these employees cast their votes for the N. M. D. U. they shall be excluded from the general unit. Other Employees The Guild took the position at the hearing that certain named em- ployees of the Post, eight in number, should be included within the unit irrespective of whether they are executives. The Post did not object to these persons being included in the unit, but expressed the belief that they were executives and desired that the Board determine the issue whether they should be included. None of the other labor organizations involved objected to the inclusion of these persons in the unit. The evidence shows that all except two have designated the Guild as their bargaining representative. Where some doubt exists as to the inclusion or exclusion of certain employees within a bargaining unit because they allegedly are employed in a supervisory capacity, and the union claiming to represent exclusively persons in the unit desires that these employees be included, in the absence of any con- See Matter of Brooklyn Daily Eagle and Newspaper Guild of New York, 13 N. L. R. B. 974. 29 By "majority of these employees" is meant a majority in accordance with the prin- ciples established by the Board in prior decisions. NEW YORK POST, INCORPORATED 1019 trolling reason to the contrary we shall include such employees in the unit. We find that all of these employees whose names are set forth in Appendix H are within the general bargaining unit.S° We find that the following employees of the Companies constitute a unit appropriate for the purposes of collective bargaining : all em- ployees of the Companies, including the employees whose names are set forth in Appendices A, B, C, D, F, and H, but excluding all executives and officials of the Companies; all temporary workers in the Public Service Department of the Post; all canvassers and book de- liverers working on book sales on a commission basis for the Post; all employees of the Companies who are covered by existing company contracts with established craft unions; all employees of the Com- panies who are covered by existing company contracts with estab- lished craft unions and who are eligible to membership in said established craft unions; and the afternoon clerks and all-day clerks. Specifically among the employees excluded from the unit are the following: all employees listed on the Circulation Department pay roll, except the employees whose names are set forth in Appendix A; all employees listed on the Composing Room pay roll, except the. employees whose names are set forth in Appendix B; all employees listed on the Press Room and Paper Handlers' pay roll; all employees listed on the Stereotype pay roll, except the employee whose name is set forth in Appendix C; all employees listed on the Photo Engrav- ing and Photo Composing pay roll, except the employees including maskers whose names are set forth in Appendix D; all employees listed on the Wonderland of Knowledge Canvass pay roll; all employees listed on the Departmental pay roll, page 15;31 Isabella Whitfield; all persons listed on the Departmental pay roll, page 19 ;32 Ralph Neusitz and Wiley Owens; and all employees whose names are set forth in Appendix E. We also find that said unit will insure to employees of the Companies the full benefit of their right to self- organization and to collective bargaining and otherwise effectuate the policies of the Act. Whether or not the city inspectors and road men whose names are listed in Appendix G are within the general unit will depend on the results of the separate election which we shall order. VI. THE DETERMINATION OF REPRESENTATIVES Pay rolls of different departments of the Companies varying in dates from March 31 to April 8, 1939, were introduced in evidence. It appears from these pay rolls that there are approximately 500 30 A list of employees was submitted at the hearing who have some power to hire and discharge ; unless these employees are otherwise excluded in accordance with what has been stated above, they are included in the unit. 81 See footnote 13. 81 See footnote 15. 1020 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees within the unit herein found to be appropriate. The Guild claims to represent a majority of the employees within the above unit, and at the hearing it submitted documentary proof in support of its claims. The nature and quantity of the proof is such that we believe that the question which has arisen concerning the representation of employees of the Companies can best be resolved by holding an election by secret ballot to determine' whether or not the employees within the appropriate unit desire to be represented by the Guild, and we so find. As we have indicated above, the separate election among the city inspectors and roadmen will determine not only whether they are to be included within the unit but also whether they desire to be represented by the Guild. The parties stipulated at the hearing that the mentioned pay rolls be used for determining the question of representation. We believe, however, that the interests of all parties will best be served by per- mitting employees within the appropriate unit to vote whose names appear on the Companies' pay rolls immediately preceding the date of this Direction, including the employees who did not work during such pay-roll period because they were ill or on vacation, and em- ployees who were then or have since been temporarily laid off. The same eligibility provisions will govern the election to be directed among the inspectors and roadmen. . Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of New York Post, Inc., and Publishers Serv- ice Company, Inc., within the meaning of Section 9 (c) and Section 2 (6) and -(i) of the National Labor Relations Act. 2. All employees of the Companies including the employees whose names are set forth in Appendices A, B, C, D, F, and H, but exclud- ing all executives and officials of the Companies; all temporary work- ers in'the Public Service Department of the Post; all canvassers and book deliverers working on book sales on a commission basis for the Post; all employees of the Companies who are covered by existing company contracts with established craft unions; all employees of the Companies who are covered by existing company contracts with estab- lished craft unions and who are eligible to membership in said established craft unions; the afternoon clerks and all-day clerks; and, irrespective of the foregoing, excluding specifically city inspectors and roadmen; the employees listed on the Circulation Department pay roll, except the employees whose names are set forth in Appendix A; all employees listed on the Composing Room pay roll, except the NEW YORK POST, INCORPORATED 1021 employees whose names are set forth in Appendix B; all employees listed on the Press Room and Paper Handlers'.pay roll; all employees listed on the Stereotype pay roll, except the employee whose name is set forth in Appendix C; all employees listed on the Photo Engrav- ing and Photo Composing pay -roll, except the employees including the maskers whose names are set forth in Appendix D; all employees listed on the Wonderland of -Knowledge Canvass pay roll; all em- ployees listed on the Departmental pay roll, page 15; 83 Isabella Whitfield; all persons listed on the Departmental pay roll, page 19; 34 Ralph Neusitz and Wiley Owens ; and all employees whose names are set forth in Appendix E, constitute a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for collective bargaining with New York Post, Inc., New York City, and Publishers Service Com- pany; Inc., New York City, separate elections by secret ballot shall be conducted within twenty (20) days from the date of this Direc- tion, 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 following employees of New York Post, Inc., and Publishers Service Company, Inc., within each of the groups described below whose names appear on the Companies' pay roll or pay rolls immediately preceding the date of this Direction, including employees who did not work during such pay-roll period or periods because they were ill or on vacation, and employees who were then or have since been temporarily laid off, excluding those who have since quit or have been discharged for cause : (a) City inspectors and roadinen including those named in Ap- pendix G, to determine whether they desire to be represented by Newspaper Guild of New York, or by Newspaper and Mail Deliv- erers' Union, or by neither, for the purposes of collective bargaining; (b) All employees of the Companies including the employees whose names are set forth in Appendices A, B, C, D, F, and H, but excluding all executives and officials of the Companies; all temporary W See footnote 13. 84 See footnote 15. 1022 DECISIONS OF NATIONAL LABOR RELATIONS BOARD workers in the Public Service Department of the Post; all canvassers and book deliverers working on book sales on a commission basis for the. Post; all employees of the Companies who are covered by existing company contracts with established craft unions; all employees of the Companies who are covered by existing company contracts -with established craft unions and who are eligible to* membership in said established craft unions; the afternoon clerks and all-day clerks; and, irrespective of the foregoing, excluding specifically city inspectors and roadmen; the employees listed on the Circulation Department pay roll, except the employees whose names are set forth in Appendix A; all employees listed on the Composing Room pay roll, except the employees whose names are set forth in Appendix B; all employees listed on the Press Room and Paper Handlers' pay roll; all employees listed on the Stereotype pay roll, except the employee whose name is set forth in Appendix C; all employees listed on the Photo Engrav- ing and Photo Composing pay roll, except the employees including the maskers whose names are set forth in Appendix D; all employees listed on the Wonderland of Knowledge Canvass pay roll; all em- ployees listed on the Departmental pay roll, page 15; 35 Isabella Whitfield; all persons listed on the Departmental pay roll, page 19; 36 Ralph Neusitz and Wiley Owens; and all employees whose names are set forth in Appendix E, to determine whether or not they desire to be represented by Newspaper Guild of New York for the purposes of collective bargaining. Frank Saragino John R. Curran William Fallon Thomas Gonsalves William Lecompte Frank Maggi Andrew Marco Frank Moger James Smith APPENDIX A Arthur Jaeger APPENDIX B Karel Palle Joseph Phillips Michael Rosa William Safford Reese Walker Joseph Williams APPENDIX r 88 See footnote 13. R' See footnote 16. NEW YORK POST, INCORPORATED John Beninger George Cooper Calvin Gaebel Edward Hessler John Mazza J. David Stern Harry Saylor Luther Harr David Stern Louis Kolb Walter Lister Paul Tierney Andrew Biachi Louis Mangel Leo Businell Thomas Danby James Getleson Winn Eller M. H. Sloman Natt Getlin Edward Wiest Wesley Garver Claude Clum Arthur Gaebel Edmund Goodrich Marvin Dietch Harry Becker Jack Brown John Cintula Edward Dunphy Harry Fisher Byron Greenberg Garry Finley Mac Gache Stanley MacGovern Mary MacClung APPENDIX D Lillian Pagano Joseph .Radetzky Mario Spurio Michael Surgeary APPENDIX E Walter Doyle Felix Murphy Harry Nason Paul Sarazen Mark' Sarazen Harold Fenton 1023 Francis McLaughlin George Casey E. X. Anderson Harry Brightman Adolph Gentzel Arthur Weiss Joseph Hornicek Frank Stockman John Anderson George Schudt James Gibson Joseph Quilty, Sr. 35 Crew Managers in Wonder- land of Knowledge APPENDIX F Harold Gardner APPENDIX G Raymond A. Kallmeyer Jas. Kaplan Harry Kaufman Edward J. Mullins Jos. Warshauer APPENDIX H Thomas Nestor Gerald Rosa Ted Thackeray Nelly Vanderpoes