American Newspapers, Inc.

In the Matter of AMERICAN NEWSPAPERS, INC., ILLINOIS PUBLISHING AND PRINTING COMPANY, EVENING AMERICAN PUBLISHING COMPANY and CHICAGO NEWSPAPER GUILD, LOCAL 71 OF THE AMERICAN NEWS- PAPER GUILD In the Matter of AMERICAN NEWSPAPERS, INC., ILLINOIS PUBLISHING AND PRINTING COMPANY, EVENING AMERICAN PUBLISHING COMPANY and CHICAGO NEWSPAPER GUILD, LOCAL 71 OF THE AMERICAN NEWS- PAPER GUILD In the Matter of AMERICAN NEWSPAPERS, INC., ILLINOIS PUBLISHING AND PRINTING COMPANY and CHICAGO NEWSPAPER GUILD, LOCAL 71 OF THE AMERICAN NEWSPAPER GUILD In the Matter of ILLINOIS PUBLISHING AND PRINTING COMPANY and CHICAGO EDITORIAL ASSOCIATION, LOCAL No. 21690, AFFILIATED WITH THE A. F. OF L. In the Matter of EVENING AMERICAN PUBLISHING COMPANY and CHICAGO EDITORIAL ASSOCIATION, LOCAL No. 21690, AFFILIATED WITH THE A. F. OF L. Cases Nos. R-839, C-1118, C-1119, R-1544 and R-1545- SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES November 30, 1940 On April 12, 1940, the National Labor Relations Board, herein called the Board, issued its Decision, Order, and Direction of Elec- tions in the above-entitled proceedings,' and on May 8, 1940, in accordance with a stipulation entered into by all the parties to these proceedings, its Order Vacating Order and Substituting Modified Order and Amendment to Direction of Elections.2 Pursuant to the Direction of Elections, as amended,3 separate elec- tions by secret ballot were conducted on September 20, 1940, under 1 22 N. L R. B. 899. a 23 N L. R B. 660. The Direction of Elections, as amended, provided that the elections by secret ballot be conducted not sooner than ninety (90) days from the date of the Amendment to Direction of Elections, and not later than one hundred eighty (180) days from the said date On August 9, 1940, the date of the election was set by stipulation of the parties 28 N. L. R. B., No. 48 281 282 DECISIONS-OF NATIONAL LABOR RELATIONS BOARD the direction and supervision of the Regional Director for the Thir- teenth Region (Chicago, Illinois). On September 28, 1940, the Re- gional Director, acting pursuant to Article III, Section 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served upon the parties. In the Decision, Order, and Direction of Elections, and, Order' Vacating Order and Substituting Modified Order and Amendment to Direction of Elections previously referred to, the Board made no final determination as to the appropriate unit or units but provided that if a ,majority of the employees in the commercial department and in the editorial department of American Newspapers, Inc., Illi- nois Publishing and Printing Company, and Evening American Publishing Company, herein collectively called the Companies, chose Chicago Newspaper Guild, Local 71 of the American Newspaper Guild, herein called the Guild, then the employees- in the commercial and editorial departments together would constitute a single appro- priate unit, and further, that if Newspaper Commercial Associates, Local 21662, affiliated with the A. F. of L., her called the Com- mercial Associates, and Chicago Editorial Association, Local No. 21690, affiliated with the A. F. of L., herein called the Editorial Association, were selected then the employees in the-commercial and editorial departments, respectively, would constitute separate appro- priate units. As to the balloting and its results, the Regional Director reported as follows : Commercial Employees Total number of employees on eligible list____________________ 574 Total' number of ballots cast ------------------- _-_----------- 560 Total number of ballots challenged__________________________ 77 Total number of blank ballots______________________________ 1 Total number of void ballots_______________________________ 0 Total number of ballots cast for the Commercial Associates____ 388• Total number of ballots cast for the Guild___________________ 91 Total number of ballots cast for neither_____________________ 3 Editorial Employees Total number on eligibility list_____________________________ 232 Total number of ballots cast___________________________ ___ 215 Total number of ballots challenged__________________________ - 27 Total blank ballots_________________________________________ 0 Total void ballots___________________________________________ 0 Total number of ballots cast for the Guild__________________ 34 Total number of ballots cast for the Editorial Association___ 151 Total number of ballots cast for neither_____________________ 3 AMERICAN NEWSPAPERS, INC. 283 On October 5, 1940, the Guild filed with the Board objections to the Election Report.4 Thereafter, on October 7, 1940, the Companies, the Editorial Association, and the Commercial Associates, respectively, filed motions requesting the Board to dismiss the "any and all objec- tions, exceptions, and petitions that may have been filed" by the Guild. - On October 28, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued his Report on Objections in which he reported the results of his investigation. Thereafter, the Guild requested permission to file exceptions to the Report on Objections, for oral argument thereon, and to submit a brief. The Board hereby denies the foregoing requests. The Board has considered the Election Report, the objections and affidavits filed by the Guild, the motions filed by the Companies, the Editorial Association, and the Commercial Associates, and the Report on Objections, and finds that the objections filed by the Guild do not raise substantial or material issues with respect to the conduct of the ballot or the Election Report. Upon the basis ^ of the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT We find that the employees in the editorial department, of the Companies, excluding space writers, executives and supervisory em- ployees, John Dienhart, employees under personal-service contracts, and the personal secretaries of corporate officials, White, Meigs, Koehler, and Malloy, constitute a unit appropriate for the purposes' of collective bargaining, and 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. We find that the employees in the commercial department of the Companies, excluding executives and supervisory employees, roadmen supervisors, Hunt, Jardine, and Karper, building maintenance em- ployees, employees who are members of and bargained for by craft unions, all Sangamon Street employees, Canadian and country road- men, watchmen, guards, color-plant employees, boy builders, Canadian point supervisors, temporary employees, magazine agency employees, employees under personal-service contracts, district managers, and the confidential secretaries of Business Manager Fulton, Circulation 4 The, Guild incorporated in its objections a petition filed by it on September 18, 1940, in which it requested postponement of the elections and formally charged the Companies with violations of Section 8 (1) and (3) of the National Labor Relations Act. 284 DECISIONS • OF NATIONAL LABOR RELATIONS BOARD Director Parker, and Advertising Director McNamee, constitute a unit appropriate for the purposes of collective bargaining, and 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 theAct. 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. The employees in the editorial department of American News- papers, Inc., Illinois Publishing and Printing Company, and Evening American Publishing Company, Chicago , Illinois, excluding space writers, executives and supervisory employees, John Dienhart, em- ployees under personal -service contracts , and the personal secretaries of corporate officials White, Meigs, Koehler, and Malloy, constitute a unit appropriate for the purposes of collective bargaining within ' the meaning of Section 9 (b) 'of the National Labor Relations Act. 2. The employees in the commercial department of American News- papers, -Inc., Illinois Publishing and Printing Company, and Evening American Publishing Company , Chicago, Illinois, excluding execu- tives and supervisory employees, roadmen supervisors Hunt, Jardine, and Karper, building maintenance employees, employees who are members of and bargained for by craft unions, all Sangamon Street employees, Canadian and country roadmen, watchmen , guards, color- plant employees, boy builders , Canadian point supervisors , temporary employees ,- magazine agency employees, employees under personal- service contracts, district managers , and the confidential secretaries of Business Manager Fulton, Circulation Director Parker, and Adver- tising Director McNamee, constitute a unit appropriate for the pur-' poses, of collective bargaining within the meaning of Section 9 (b) 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 Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9 of National Labor Relations Board Rules and Regulations- Series 2, as amended. - IT IS HEREBY CERTIFIED that Newspaper Commercial Associates, Local 21662, affiliated with the A. F. of L., has been designated and selected by a majority of all employees in the commercial depart- ment of American Newspapers, Inc., Illinois Publishing and Printing Company, and Evening American Publishing Company, Chicago, AMERICAN NEWSPAPERS, INC 285 Illinois, excluding executives and supervisory employees, roadmen supervisors Hunt, Jardine, and Karper, building maintenance em- ployees, employees who are members of and bargained for by craft unions, all Sangamon Street employees, Canadian country roadmen, watchmen, guards, color-plant employees, boy builders, Canadian point supervisors, temporary employees, magazine agency employees, employees under personal-service contracts, district managers, and the confidential secretaries of Business Manager Fulton, Circulation Director Parker, and Advertising Director McNamee, as their repre- sentative for the purposes of collective bargaining, and that, pursuant to Section, 9 (a) of the National Labor Relations Act, Newspaper Commercial Associates, Local 21662, affiliated with the A. F. of L., is the exclusive representative of all such employees for the purposes of collective bargaining, with respect to rates of pay, wages, hours of employment, and other conditions of employment, and IT IS HEREBY CERTIFIED that Chicago Editorial Association, Local No. 21690, affiliated with the A. F. of L., has been designated and selected by a majority of employees in the editorial department of American Newspapers, Inc., Illinois Publishing and Printing Com- pany, and Evening American Publishing Company, Chicago, Illinois, excluding space writers, executives,and supervisory employees, John Dienhart, employees under personal-service contracts, and the per- sonal secretaries of corporate officials White, Meigs, Koehler, and Malloy, as their representative for the purposes of collective bar- gaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, Chicago Editorial Association, Local No. 21690, affili- ated with the A. F. of L., is the exclusive representative of all such employees for the ,purposes of collective bargaining, with respect to rates of pay, wages, hours of employment, and other conditions of employment. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Supplemental Decision and Certification of Representatives.