Brooklyn Daily Eagle

In the Matter of BROOKLYN DAILY EAGLE and NEWSPAPER GUILD of NEW YORK Case No. R-1173 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES December 5, 1939 On July 24, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding? On August 3, 1939, the Board issued an Amendment to Direction of Elections.2 Pursuant to the Direction, as amended, elections by secret ballot were conducted under the direction and supervision of the Regional Director for the Second Region (New York City) on August 11 and August 25, 1939, at Brooklyn, New York. On October 24, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, issued an Election Report, copies of which were duly served upon the parties. 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 (city inspectors) : Total number eligible to vote_______________________________ 5 Total number of ballots cast_______________________________ 6 Total number of ballots counted______________________________ 5 Total number of ballots in favor of : Newspaper Guild of New York_________________________ 1 Newspaper and Mail Deliverers' Union ------------------ 4 Total number of votes in favor of neither organization------ 0 Total number of blank votes_________________________________ 0 Total number of void ballots_______________________________ 0 Total number of challenged ballots___________________________ 1 113 N. L. it. B. 374. 2 14 N. L. R. B. 181. 18 N. L. R. B., No. 17. 124 BROOKLYN DAILY EAGLE 125 (b) Among the group of employees listed in paragraph (b) of the Direction (general unit) : Total number eligible to vote_______________________________ 401 Total number of ballots cast__________________________________ 417 Total number of ballots counted____________________________ 293 Total number of votes in favor of : Newspaper Guild of New York_________________________ 213 American Federation of Labor__________________________ 74 Total number of votes in favor of neither organization------- 6 Total number of challenged ballots__________________________ 124 With respect to the challenged ballots, the Regional Director made no ruling and they were not counted. On October 30, 1939, the Company duly filed with the Regional Director its objections to the Election Report, contending (1) that Vincent Sheridan, assistant business manager, Floyd Barger, feature editor, Hubert Davies, credit manager, and Robert M. Grannis, news editor, should be excluded from the appropriate bargaining unit; and (2) that the employees of the Eagle Press should also be excluded from such unit, unless provision is made by the Board that the inclusion of such employees shall be without prejudice to the right of the employer to discontinue the operation of the Eagle Press department at any subsequent date. The Regional Director investigated the objections filed by the Company, and on November 14, 1939, issued her Report on Objections to Election Report in which she found that all of the objections raised questions previously considered by the Board in its Decision and Direction of Elections. The Regional Director referred the objections to the Board without ruling on them. We have heretofore considered the objections with respect to Sheridan, Barger, Davies, and the employees of the Eagle Press, on their merits in our Decision and Direction of Elections. It does not appear to the Board that they raise substantial and material issues with respect to the conduct of the ballot. In our Decision and Direction of Elections we also considered the question of whether or not the news editor should be excluded from the appropriate bargain- ing unit. The Company contended that the news editor should be excluded from the unit. The Guild maintained' that there was no such person. We stated, "In the absence of further evidence, we will not pass on the Company's contention with respect to the news editor, if indeed there is one." There is still no evidence before us on this question. We will not pass upon the Company's contention with respect to the news editor. The Company's objections to the Election Report are hereby overruled. Upon the basis of the entire record in the case, the Board makes the following : 126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD SUPPLEMENTAL FINDINOs OF FACT In its Decision, the Board made no final determination as to whether the city inspectors would be included within the appropriate unit for the purposes of collective bargaining with the Company. The Newspaper Guild of New York, herein called the Guild, con- tended that the city inspectors together with all other employees in the editorial and commercial divisions, including business, circula- tion, 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 city inspectors should be excluded from the general unit. The Board directed that an election be held among the city inspectors, and stated that if a majority of the inspectors vote for representation by the Guild, they will be included in the general unit and that if a majority vote for representation by the N. M. D. U. or if a majority vote for repre- sentation by neither the Guild nor the N. M. D. U., they will be excluded from the general unit. Since the Election Report shows that a majority of the city inspectors have voted for representation by the N. M. D. U., they will be excluded from the general unit. We find that all the employees of the Company, including those listed in Appendix A, attached hereto, and excluding executives, inspectors in the circulation department, employees who are covered by contracts between the Company and craft unions, and those listed in Appendix B, annexed hereto, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self- organization and collective bargaining and otherwise effectuate the policies of the Act. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : SUPPLEMENTAL CONCLUSION OF LAW All the employees of the Company, including those listed in Appendix A, attached hereto, and excluding executives, inspectors in the circulation department, employees who are covered by con- tracts between the Company and craft unions, and those listed in Appendix B, annexed hereto, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of 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 Rel.a- BROOKLYN DAILY EAGLE 127 tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, IT IS HEREBY CERTIFIED that Newspaper Guild of New York has been designated and selected by a majority of all employees of Brooklyn Daily Eagle, Brooklyn, New York, including those listed in Appendix A, attached hereto, and excluding executives, inspectors in the circulation department, employees who are covered by contracts be- tween the Company and craft unions, and those listed in Appendix B, annexed hereto, as their representative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the National Labor Relations Act, Newspaper Guild of New York is the exclusive repre- sentative of all such employees for the purposes of collective bar- gaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. APPENDIX A G. Worthington-Nassau advertising department. Vincent Sheridan-auditor. Hubert Davies-credit manager. Doe Rankin-editorial page cartoonist. John Heffernan-columnist. Feature editor. Assistant city editors. Real estate editor. Secretary to advertising manager. Secretary to classified advertising manager. Secretary to circulation manager. Legal advertising manager. Assistant manager of classified undisplay. Assistant manager of circulation. Home delivery managers (2). Two boys in photo-engraving department. One boy in stereotype department. Stencil and blotter clerks. Return room clerks. Composing room boys. Eagle Press employees. APPENDIX B John Cleary, manager local advertising department. Samuel Hecht, manager classified display. John E. Dean , Chicago advertising manager. 128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Kenneth Reynolds, manager Suffolk County advertising. Margaret Pettigrew, manager Home Guild. Helen Brown, society editor. H. H. Clarke, financial editor. James Wood, sports editor. Al Delaney, confidential secretary to managing editor. Bernice Epstein, confidential secretary to editor. Mary Haase, chief telephone operator. Chief librarian. Promotion manager of display advertising. Manager of publication department. Supervisors of branch managers (8). Part-time employees. Space writers. Route boys. Publisher and his secretary. Secretary-treasurer and his secretary. Editor. Managing editor of the editorial department. City editor of the editorial department. Manager of the display advertising department. Manager of the classified undisplay department. Manager of the circulation department. Two building superintendents. Manager of the Eagle Press. Sales manager of the Eagle Press. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Supplemental Decision and Certification of Representatives.