Press Wireless, Inc.

In the Matter of PRESS WIRELESS, INC. and AMERICAN COMMUNICA- TIONS ASSOCIATION In the Matter of PRESS WIRELESS, INC. and THE INDEPENDENT COMMUNICATIONS GUILD Cases Nos. R-2142 and R-2143.-Decided December 6, 1940 Jurisdiction : news collecting and distributing industry. Investigation and Certification of Representatives : existence of question : refusal to accord recognition to union; election necessary. Unit Appropriate for Collective Bargaining : all employees of the Company at its Long Island stations including point-to-point operators, newscast opera- tors, coastal marine operators, shift operators, tuning operators, printer opera- tors, traffic clerks, construction men, riggers, maintenance men, abstractors, and janitors, but excluding supervisors, part-time supervisors, experimental engineers, the secretary to the manager, the pay clerk, the switchboard operator, the bookkeeper, and the draftsmen. Mr. Joseph W. Chaplin, of Long Island, N. Y., and Mr. Philip D. Zurian, of Hicksville, N. Y., for the Company. Boudin, Cohn, and Glickstein, of New York City, by Mr. Irving R. Feinberg, Mr. Oliver M. Salisbury, of New York City, and Mr. H. B. Trautman, of New York City, for the A. C. A. Mr. Boyd King, of Mineola, N. Y., Mr. A. LaVerne Lamb, of Great Neck, N. Y., and Mr. LaVerne C. Walker, of Baldwin, N. Y., for the I.C.G. Mr. Edward Schewnemann, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 30, 1940, American Communications Association, herein called the A. C. A., filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning,the representation of employees of Press Wireless, Inc., Long Island, N. Y., herein called the Company, in its Little Neck plant and requesting an`investigation and certifica- tion of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. 28 N. L. R. B., No. 60. k 348 PRESS WIRELESS, INC. 349 On July 6, 1940, Independent Communications Guild, herein called the I. C. G., filed with the Regional Director a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees in the Long Island division of the Company. On October 14, 1940, the A. C. A. and the I. C. G. respectively amended their petitions and requested an investigation and certification of Iepresentatives of the employees in the '3 Long Island stations of the Company. On October 22, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Sections 3 and 10 (e) (2),'of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an in- vestigation, authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice, and further ordered that the cases be consolidated for purposes of a hearing. On October 24, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the parties. Pursuant to-the notice and to notice of postponement, duly served, a hearing was held on November 8, 1940, in New York City, before Mark Lauter, the Trial Examiner duly designated by the Board. The Company, rep- resented by its officials, the A. C. A. by counsel and by its officials, and the I. C. G. by its officials, participated in the hearing and were af-. forded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues. During the course of the hearing the Trial Examiner made a number of rulings on motions and on objections 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. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Press Wireless, Inc., a Delaware corporation with its principal offices and places of business in Chicago, Illinois, and New York City,-is engaged in the transmitting and receiving of press communications by wireless between the United States, its possessions, and foreign countries for the use of newspapers and press services. The Company owns and operates radio receiving and transmitting stations at San Francisco, California; Honolulu, T. H.; Little Neck, Long Island, New York; Hicksville, Long Island, New York; and Baldwin, Long Island, New York; and the Compania Teleradio, S. A., Havana, Cuba; Imprensa Associada do Brazil, Rio de Janeiro, Brazil; and Philippine Press Wireless, Inc., Manila, P. I. The present proceeding is eon- 350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cerned only with the Long Island stations of the Company. The Company agrees that it is engaged in commerce at the three stations here involved within the meaning of Section 2 (2) of the Act and that it is subject to the jurisdiction of the Board. - II. THE ORGANIZATIONS INVOLVED American Communications Association is a labor organization affil- iated with the Congress of Industrial Organizations. It admits to membership employees of the Company. Independent Communications Guild is an unaffiliated labor organi- zation . It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that the A. C. A. and the I. C. G. each claimed to represent a majority of the employees of the Company in an appropriate unit and that the Company refused to recognize the A. C. A. or the I. C. G. as exclusive bargaining agent for all employees in such unit pending certification by the Board of one of the organiza- tions as exclusive bargaining agent thereof. There was introduced in evidence at the 'hearing a report prepared by the Regional Director showing that the labor organizations involved each represents a substantial number of employees in the unit hereinafter found to be appropriate 1 We find that a question has arisen concerning the representation of employees of the Company. 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 Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and foreign countries, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. 'The Regional Director's statement showed that the A. C. A. had submitted to her 24 authorization cards bearing the apparently genuine signatures of persons on the July 13, 1940, pay roll of the Company. Three of the cards were dated between November 10, 1938, and December 31, 1938; and 21 were dated between January 1, 1940, and May 1, 1940. The statement also showed that the I. C. G. had submitted a petition authorizing it as bargaining agent dated May 3, 1940, and bearing 27 apparently genuine signatures of persons whose names were on the July 13, 1940, pay roll of the Company. The A. C- A. also submitted to the Trial Examiner 15 authorization cards bearing apparently genuine signatures of persons on the July 13, 1940, pay roll and dated between May 3. 19J7 , and October 12, 1940. PRESS WIRELESS, INC. " - <<' ; :" ,351 V. THE APPROPRIATE 'UNIT The parties stipulated and we find that all the point-to-point operators, newscast operators, coastal marine. operators, shift oper- ators, tuning operators, printer operators, traffic clerks, construction men, riggers, maintenance men, and janitors, at the Long Island stations of the Company should be included in the appropriate unit and that full-time supervisors 2 should be excluded therefrom. The parties disagreed as to whether part-time supervisors, experimental engineers, allegedly confidential employees, and the draftsmen should be included in the unit. The A. C. A. contends that part-time supervisors should be excluded from the unit and the Company and the I. C. G. contend that they should be included. The record shows that the part-time supervisors have power to recommend hiring and discharging, receive higher, wages than the other employees, and are in charge of their respective depart- ments in the absence of the -manager. We find that part-time supervisors should be excluded from the unit. The A. C. A. contends, and the Company and the I. C. G., deny, that the secretary to the manager, the pay clerk, the switchboard operator, and the bookkeeper are confidential employees " and as such should be excluded from the unit. These employees are engaged primarily in office work, and their duties would appear to be confi- ' dential or semi-confidential in character. We find that they should be excluded from the unit.- In their petitions both the A..C; A., and the I. C. G., specifically included abstractors within the requested unit. At the beginning of the `hearing the parties stipulated that they were among the em- ployees to be included. Although the A. C. A., thereafter contended that the two persons employed as abstractors 5 were confidential em- ployees. and should therefore be excluded, it did not offer convincing evidence in support of its contention. We find that they should be included in the unit. The A. C. A. contends'that W. H. Linscott, an employee engaged in mechanical work, should also be excluded from the unit on the 2 The parties disagreed as to whether W. A. Knight, chief operating technician at the Little Neck station, is a full -time supervisor . The record shows that he has complete supervisory authority over 5 employees at Little Neck, including power to recommend hiring and discharging . We find that he falls within the category of full-time supervisors 3 The part-time supervisors employed on October 14, 1940, are S.' H. Simon and G. A. Scott. The A. C. A. contended that L F. Seibert , who is designated as a point-to-point operator, is also a part-time supervisor. The record shows that Seibert is relieving Scott temporarily We find that he is not a part -time supervisor. i The employees referred to who were employed on October 14, 1940 , are w. M. Erickson; secretary to the manager , J. F. McGinley , pay clerk and switchboard operator , A. Fricke, switchboard operator , and H. Fricke, bookkeeper. 6 The persons so employed on October 14, 1940 , were J J . Lynch, chief abstract clerk and A N. Brast, assistant abstract clerk. 352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ground that he is the father-in-law of the manager. We find the contention to be without merit and that Linscott should be included in the unit. In their petitions both the A. C. A. and the I. C. G. requested that experimental engineers be excluded from the unit. At the hearing the I. C. G. and the Company contended that they should be included and the A. C. A. that they should be excluded. The experimental engineers 6 are engaged in developing new techniques and in improv- ing old ones. Their work is partly experimental and partly develop- mental. They are not admitted to membership in the A. C. A. and are not covered by any contract between that organization and em- ployers whose business is similar to that of the Company. They were not included in the unit covered by a proposed contract which the I. C. G. presented to the Company in April 1939. We find that they should be excluded from the unit. The A. C. A. contends that C. Wilcken is an experimental engineer or a confidential employee. He was employed as a draftsman on October 14, 1940, working in close cooperation with the experimental engineers. Since his duties are closely related to those of the office employees and the experimental engineers, whom we have excluded, we find that he also should be excluded. We find that all the employees of the Company at its Long Island stations including point-to-point operators, newscast operations, coastal marine operators, shift operators, tuning operators, printer operators, traffic clerks, construction men, riggers, maintenance men, abstractors, and janitors, but excluding supervisors, part-time super- visors, experimental engineers, the secretary to the manager, the pay clerk, the switchboard operator, the bookkeeper, and the draftsman constitute a unit appropriate for the purposes of collective bargain- ing and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bar- gaining, and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning represen- tation can best be resolved by, and we shall accordingly direct, an election by secret ballot. The parties agreed at the hearing that October 14, 1940, the date upon which the amended petitions were filed, be used to determine eligibility to vote in the election. Since such date is, reasonably current and its use will facilitate determina- tion of questions of eligibility which may arise at the election, we approve this agreement. The employees referred to employed on October 14, 1940, were R. Sprague, E. 0. Fraim, and A. Rustad. - PRESS WIRELESS, INC. 353 The A. C. A. contends that one Hazelbaker, an employee who is on military leave, should not be eligible to vote. The Company and the I. C. G. contend that he should be eligible. Since he is on leave and is. still, considered an -employee, we find that he is eligible to vote in the election. 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 Press Wireless, Inc., Long Island, New York, within the meaning of Section,9 (c) and Section 2 (6) and (7) of the Act. 2. All the employees of the Company at its Long Island stations including point-to-point operators, newscast operators, coastal marine operators, shift operators, tuning operators, printer operators, traffic clerks, construction men, riggers, maintenance men, ab- stractors, and-janitors, but excluding supervisors, part-time super- visors, experimental engineers, the secretary to the manager, the pay clerk, the switchboard operator, the bookkeeper, and the draftsman, constitute a unit appropriate for the purposes of collective bargain- ing within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION 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, as amended, it is hereby DIRECTED that, as a part of the investigation ordered by the Board to ascertain representatives for collective bargaining with Press Wireless, Inc., at its Long Island stations an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Election under the direction and supervision of the Regional Director for the Second Region act- ing in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all the employees of the Company at its Long Island stations including point-to-point operators, newscast operators, coastal ma- rine operators, shift operators, tuning operators, printer operators, traffic clerks, construction men, riggers, maintenance men, abstractors and janitors who were employed during the pay-roll period im- mediately preceding October 14, 1940, including any employees who '354 DECISIONS OF NATIONAL LABOR . RELATIONS BOARD did not work during such period: because they were ill,' on' military leave, or on vacation, and any who were. then or have since been temporarily laid off, but excluding supervisors; part-time supervisors, 'experimental engineers, the secretary to'the manager, the pay clerk, the switchboard operator, the bookkeeper, the draftsman, and any employees(who have since quit or been discharged for cause to - de- termine whether they desire to be represented 'by American Com- munications Association, affiliated with the Congress of Industrial Organizations, or by Independent Communications Guild, for the purpose's of collective bargaining, or by neither., CHAIRMAN HARRY A. MiiuS took no, part in the 'consideration of 'the above' ]^ecision and Direktion ' of Election. ' '