Cleveland Co.

In the Matter of CLEVELAND COMPANY, PUBLISHER OF THE CLEVELAND NEWS and CLEVELAND NEWSPAPER GUILD, LOCAL 1, (C. I. 0.) Case No. R-1605 Newspaper Publishing Industry-Supplemental Decision: certification of union in unit other than that petitioned for if requested within 10 days from receipt of. SUPPLEMENTAL DECISION February 23, 1940 On January 15, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding.' The Direction of Elections provided that separate elections by secret ballot be conducted as early as possi- ble but not later than thirty (30) days from the date of the Direction among (a) employees ,in the commercial department and (b) em- ployees in the editorial' department employed by The Cleveland Company, Cleveland, Ohio, during the pay-roll period immediately preceding the, "date of the Direction, including employees who did not work during such period because they were temporarily laid off, ill, or on vacation, but excluding certain employees named in the Direction and appendices thereto and employees who had since quit or been discharged for cause, to determine 'whether or not they desired to be represented by Cleveland Newspaper Guild for the purposes of collective bargaining. Pursuant to the Direction of Elections, elections by secret ballot were conducted' on January 29, 1940, under the direction and super- vision of the Regional Director for the Eighth Region (Cleveland, Ohio). On January 30, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : 119 N. L. R. B. 435. 20 N. L. R. B., No. 74. 798 CLEVELAND COMPANY 799 (a) Commercial Department : Total number of employees eligible------------------ 139 Total number of ballots cast-------------------------- 136 Total number of votes for Cleveland Newspaper Guild-- 40 Total number -of votes against Cleveland Newspaper Guild---------------------------------------------- 96 Total number of blank ballots------------------------ 0 Total number of void vallots------------------------- 0 Total number of challenged ballots-------------------- 0 (b) Editorial Department: Total number of employees eligible-------------------- 89 Total number of ballots cast-------------------------- 85 Total number of votes for Cleveland Newspaper Guild_- 66 Total number of votes against Cleveland - Newspaper Guild------------- ---- ----------------------- 19 Total number of blank ballots------------------------ 0 Total number of void vallots------------------------- 0 Total number of challenged ballots-------------------- 0 In its Decision the Board stated that the determination of the appropriate unit would in part depend upon the desires of the employees as expressed in the -separate elections. The Board said: "If both groups of employees participating in the elections choose the Guild, they will together constitute a single bargaining unit. If they do not, we shall dismiss the petition, inasmuch as no question has arisen concerning the representation of employees in the editorial department as such and since neither the Guild nor any other labor organization seeks certification of representatives in any unit other than the unit the Guild here claims to be appropriate." The results of the elections show that the Guild has been desig- nated and selected by a majority of the employees in the editorial department but not by a majority of the employees in the commer- cial department. If the Guild, within-ten (10) days after receipt of this Supplemental Decision requests that it be certified as the rep- resentative of employees in the editorial department, and no cause to the contrary appearing, the Board will find that editorial em ployees constitute an appropriate unit. and will certify the Guild as the representative of such employees. If not, the petition will be dismissed. MR. WILLIAM M. LEISERSON, dissenting : I dissented from that part of the Decision which ordered an election among the editorial employees, on the ground that there was no representation dispute among these employees. Since the Board ordered an election among these employees, however, and the Guild won the election, I think it is entitled to a certificate desig- nating it as - the representative of the employees in the editorial department.