Philadelphia Inquirer Co.

,In the Matter Of PHILADELPHIA INQUIRER COMPANY and NEWSPAPER GUILD OF PHILADELPHIA AND CAMDEN Case No. R-2285.-Decided April 17, 1941 Jurisdiction : newspaper publishing industry Investigation and Certification of Representatives : existence of question . Com- pany refused to recognize the petitioning union as representative of several groups not theretofore covered by contract with the union because other organizations claimed to represent these groups; contract with a rival union which included one of the groups whom the petitioning union claims to rep- resent, no bar to, since the contracting union did not represent a majority of these employees at the time of the execution of the contract and has not attempted to bargain under the contract on their behalf ; separate elections ordered to resolve question among the several groups; election unnecessary among employees in the general unit who, according to a stipulation, have designated as representative the only organization claiming to represent them. Unit Appropriate for Collective Bargaining : to determine whether the roadmen, streetmen, and district managers, respectively, should be included in a gen- eral bargaining unit of editorial, advertising circulation and commercial employees, as requested by the petitioning union, or whether said employees belong to a unit of drivers, as requested by an opposing labor organization, the Board ordered separate elections among employees within each of said three groups; separate election also ordered among the masking artists to determine their inclusion in the general unit. Mr. Jerome I. Mac/it and"Mr. Jack Davis, for the Board. Murdock, Paxon, Kalish and Green; by Mr. Harry A. Kalish, of Philadelphia, Pa., for the Company. 1Mlr. M. H. Goldstein, of Philadelphia, Pa., for the Guild. Mr. Edward Davis, of Philadelphia, Pa., for the Chauffeurs. Mr. Warner D. Curry, of Philadelphia, Pa., for the Photo En- gravers. Mr. Joseph J. Laughran, of Philadelphia, Pa., for the Mailers Union. Mr. Gilbert V. Rosenberg, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On June 10, 1940, Newspaper Guild of Philadelphia and Camden, herein called the Guild, filed with the Regional Director for the 31 N. L. R. B., No. 7. 26 I PHILADELPHIA INQUIRER COMPANY 27 Fourth Region (Philadelphia, Pennsylvania) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Philadelphia Inquirer Company, Phila- delphia, Pennsylvania, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 8, 1940, the National Labor Rela- tions Board, herein called the Board, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regu- lations-Series 2, 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 January 8, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Guild, and upon Philadelphia Newspaper and Magazine Chauffeurs and Handlers Local Union No. 628, herein called the Chauffeurs; Philadelphia Photo-Engravers' Union No. 7, I. P. E. U. of North America, herein called the Photo Engravers; and Philadelphia Mail- ers' Union, Local 14, herein called the Mailers Union, labor organiza- tions claiming to represent employee's directly affected by the investigation. Pursuant to notice,' a hearing was held from January 23 to February 1, 1941, at Philadelphia, Pennsylvania, before Charles E. Persons, the Trial Examiner duly designated by the Chief Trial Examiner. The Board, the Company,, the Guild, and the Chauffeurs, were represented by counsel, and the Photo Engravers and the Mailers Union by-their representatives; all participated in the- hear- ing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was af- forded all parties. During the course of the hearing the Trial Ex- aminer made several 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. The Company, the Guild, the Chauffeurs, and the Photo Engravers filed briefs which have been duly considered by the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Philadelphia Inquirer Company, a Delaware corporation hav- ing its principal place of business in Philadelphia, Pennsylvania, 1 On January 14, 1941, at the request of the Guild , the Regional Director ordered a post- ponement of the hearing. 28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD is the publisher of a daily and Sunday newspaper and prints a magazine. In the publication of its newspaper and in the printing of the magazine the Company uses newsprint, ink, and metal, of which approximately 92 per cent is obtained from points outside the State of Pennsylvania.' Approximately 10 per cent of the circula- tion of its daily paper and 24 per cent of the circulation of its Sunday paper occurs outside the State of Pennsylvania. The Com- pany is a member of the Associated Press, a corporation engaged in the collection and dissemination of news throughout the United States, and causes to be transmitted in interstate commerce from and through States of the United States other than the State of Penn- sylvania to its Philadelphia plant news items and reports from the said Associated Press. The Company admits that it is engaged in commerce, within the meaning of the Act. U. THE ORGANIZATIONS INVOLVED, Newspaper Guild of Philadelphia and Camden, is a labor organi- zation affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Philadelphia Newspaper Chauffeurs' and Handlers Local Union No. 628; Philadelphia Photo-Engravers' Union No. 7, I. P. E. U. of North America ; and Philadelphia Mailers' Union, Local 14, are labor organizations affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION At least since August 1938, the Guild has been in contractual relationship with the Company as the - exclusive representative of certain of the Company's employees. The 1938 contract covered employees in the editorial, classified advertising, and accounting de- partments. The 1939 contract covered, in addition to the above employees, the composing room and newsprint employees, telephone operators, and all other advertising employees. In the spring of 1940, in contemplation of the expiration of this contract, the Guild began negotiations with the Company for a new contract to include several groups of employees not theretofore covered by contract. Among them were all roadmen, district managers, streetmen, and masking artists of the Company. The Company refused to recognize the Guild as the exclusive representative of the roadmen, streetmen, and district managers because the Chauffeurs claim to represent those groups, or of the masking artists because the Photo Engravers claims to represent them. _ PHILADELPHIA INQUIRER COMPANY 29 On June 10, 1940, the Guild filed the petition herein. In Novem- ber 1940 the Company entered into a closed -shop contract with the Guild,, effective August 2, 1940 , and expiring August 2, 1941, cover- ing all employees in the unit proposed by the Guild, except the, road- men, streetmen , district managers, and masking artists . It was stipu- lated that the contract was made without prejudice to the Guild's claim for a larger unit to include the above employees. On June 1, 1939 , the Photo Engravers entered into a collective, bargaining agreement with "The Newspaper Publishers of the City of Philadelphia," including the Company . By its terms the contract continues in effect until May 31, 1941, and from year to year there- after unless one party shall, not less than 30 days prior to the annual terminal date, serve notice of change or alteration upon the other. The contract provides that the "Publishers [including the Company] shall employ none but members of the [Photo Engravers] in good standing to do any work which comes under the jurisdiction of'the International Photo-Engravers' Union of N. A." and that "the proc- ess of photoengraving and its attendant work thereto is defined as ... including .,.. making of masks for drop out purposes ..." At the time this contract was concluded the Photo Engravers did not represent the masking artists of the Company or the other two Philadelphia papers; nor did the Photo Engravers at the hearing claim any membership among these artists. Moreover, there is no showing that the Photo Engravers has ever attempted to bargain on their behalf. Although the terms of the contract cover the mak- ing of masks, the substantive provision thereof dealing with wages, hours, and working conditions do not purport to cover the masking artists.2 Under the circumstances we find that the contract does not constitute a bar to this proceeding. The Guild represents all the 529 employees , including the 37 em- ployees in the inside circulation department, covered by its outstand- ing contract ; both the Guild and the Chauffeurs represent a substantial number of the 32 roadmen , streetmen, and district man- agers.3 There was introduced in evidence a report by the Regional Director showing that the Guild represents a substantial number of the masking artists.4 2 While the contract provides for a journeyman wage scale of $59 to $67 a week, the masking artist earns approximately one-half of that scale In its brief the Photo Engravers states , ". . . We have always had a sufficient number of members out of work who should really be filling these masking positions .. . 8 These facts are based upon stipulations entered into by the respective parties The record shows that all 8 of the roadmen are members of the Guild ; that all 10 of the street- men are members of the Chauffeurs ; and that both labor organizations have membership cards signed by. a substantial number of the 14 district managers. * The report showed that the Guild submitted application cards signed by 13 of the 19 masking artists . The Photo Engravers made no showing of representation among the jnasliing artists, but asserted that the work done by. these employees is covered in its closed-shop contract, discussed above, with the Company. 30 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that a question affecting commerce 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 tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The Guild alleges that the appropriate unit comprises : all employees of the editorial department, including masking artists ; all employees of the advertising, accounting, composing-room detail, and newsprint departments ; telephone operators ; and all employees in the circula- tion department; including roadmen, streetmen, district managers, clerks, and employees of the insurance and home delivery, pre-date circulation, and contest divisions, but excluding mail subscription employees,' pre-date circulation roadmen, the circulation director, and the heads 'of the city circulation, country circulation, premium and insurance, and pre-date circulation divisions. - The Guild would also exclude from the.unit all employees in the above departments who are excluded in its outstanding contract, mentioned above, and all drivers and helpers.° - There is no dispute among the parties as to the essential appro- priateness of the proposed unit covering generally the editorial, adver- tising, circulation, and commercial employees. As noted above, the Guild's outstanding contract with the Company covers all employees in the proposed unit except the classifications here in dispute, namely, roadmen, district managers, streetmen, and masking artists. The pro- posed unit conforms substantially to the type of unit which we have found to be appropriate in other representation cases in the news- paper publishing industry. Reserving for the moment the question The unit alleged in the Guild 's petition originally included the mail subscription em- plo3ees whom the Maileis Union also claimed to repieseut At.the healing the Guild, pur- suant to an understanding with the Mailers Union, amended its petition to exclude mail subsciiption employees , stating that the amendment was made without prejudice to any future claim by the Guild concerning the inclusion of these employees in a large unit 6 On May 1, 1940, the Chauffeurs and the Company entered into a closed -shop agreement covering all drivers ( chauffeurs) and helpers , numbering 105. It was stipulated that the Chauffeurs represents all such employees. 7 See Matter of Seattle Post -Intelligencer Department of Hearst Publications , Inc and Newspaper Guild, Local No. 82, 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 Brooklyn Daily .PHILADELPHIA INQUIRER COMPANY 31 of inclusion of the disputed groups, we find that the bargaining unit requested by the Guild is otherwise appropriate for the purposes of collective bargaining. We shall now consider the classifications concerning whose inclusion .there is disagreement. Roadmen, district managers, and streetmen The Chauffeurs would exclude the 32 roadmen, district managers, and streetmen, herein referred to for convenience as the outside cir- culation employees, contending that they, together with the 105 driv- ers 8 constitute a separate appropriate unit. The Guild contends that these outside circulation employees like the inside clerical employees s in the circulation department should be included in the general bar- gaining unit. As an alternate contention the Guild argues that if the outside circulation employees are not included in the general bargaining unit, the Board should find that the inside and outside, circulation employees together constitute a separate appropriate unit. Under either of the Guild's contentions, it represents a majority of the employees in the unit claimed by it to be appropriate, including these disputed groups. The circulation department manages, controls, and promotes the distribution and circulation of the Company's papers through car- riers (news dealers), stores, newsboys, and by other channels. . Papers are delivered to these various distribution channels by the Company's own trucks, independent truckers, express, and mail. The city cir- culation department, which directs the circulation, operations of the Company in Philadelphia and Camden, and the country circulation de- partment, which directs suburban and country circulation operations, are the two largest divisions of the circulation department. The 37 so-called inside circulation employees work in the Company's plant, where they perform clerical duties, including the handling of orders and communications to and from the outside circulation employees. The roacimen, district managers, and streetmen in the circulation de- partment perform substantially all of their duties outside the plant. Roadmen: There are eight roadmen 10 in the country circulation de- partment whose inclusion in the general unit is contested. Their Eagle and Newspaper Guild of New York-, 13 N. L. R. B. 974; Matter of New Yorl, Post, Inc and Publishers Service; Inc. and Newspaper Guild of New York, 14 N L. R. B 1008. 8 See footnote 6, supra 6 The 37 inside circulation employees are included in the Guild 's contract and the Guild represents all of them. 11 These employees are Joseph H. Beckhous , John B. Burns , wm G Cotton, J. E Costello, D A 0 Donnell, Edward L. Platt, W. O. Thompson, and Philip Weintrab. The Company also employs pre-date circulation roadmen who work outside the suburban area. The labor organizations involved would exclude these roadmen from any unit or units founds appropriate. 32 DECISIONS OF NATIONAL LABOR RELATIONS BOARD duties require them to keep in constant touch ,with suburban carriers and country dealers to regulate their supply of newspapers; to promote sales and do advertising work; to investigate suburban complaints; to collect delinquent and current accounts; and to secure additional papers for carriers and dealers in cases of sell-outs and in emergencies. While these employees report to the Company's plant at infrequent intervals, they communicate daily by telephone with the office of the country circulation department and submit by mail several types of daily and weekly reports. The roadmen do not control or supervise the Companys delivery trucks or their drivers, but may on occasion cover a route with a new driver. District managers: The Company employs 14 district managers who work out of the office of the city circulation department. The Com- pany trucks deliver newspapers to persons known as carriers who in turn operate home delivery routes and also deliver to some stores 11 The district managers manage home delivery circulation in the various districts of Philadelphia. They check the carriers' operations; regu- late their supply of papers; investigate subscriber complaints con- cerning the home delivery service of carriers; engage in certain ad- vertising and promotional work; and supervise home canvassers. The district managers communicate by telephone with the Company's of- fice at regular intervals during the day and submit daily written re- -ports. While their duties do not normally entail the delivery of papers; the district managers on infrequent occasions may be required to secure additional, papers and deliver them to carriers and stores, and, to assist streetmen in distributing papers to newsboys. The dis- trict managers exercise no supervision over the drivers and have substantially no contact with them. The manager of the city circu- lation department stated that the duties of the district managers and 'the roadlilen are similar. Streetmen: The' 10 streetmen employed by the Company are part of the city circulation department. These employees work in Phila- delphia and in Camden, New Jersey, where they control and regulate the supply of papers received by newsboys, corner stands, and stores receiving papers directly from the Company's trucks. The street- .men on occasions transfer papers from one newsboy or corner stand to another; they supervise the work of the truck drivers, substituting .for them in cases of emergency; and they submit written daily reports to the Company. These employees have no connection with home delivery service. - The 105 truck drivers and helpers 12 employed by the Company are under the immediate supervision of one Rinehart at the garage, and n Most of the stores receive papers directly from the Company 's ti ucks 18 As stated above, the drivers are covered by the Chauffeurs ' closed -shop contract and are excluded from the general bargaining unit. PHILAD'EIIIPHIA INQUIRER COMPANY 33 under the general supervision of the manager of either the city' or country circulation departments, depending upon their respective routes. The drivers -order and pick up papers at the Company's plant and make deliveries to carriers, stores, or other distribution channels. They also make some collections and submit daily written reports. _ The record discloses that in the first part of 1940 both the Guild and the Chauffeurs began organizational campaigns among certain groups of outside circulation employees. Six of the district managers and all 10 streetmen already had joined the Chauffeurs in 1935 and 1936.13 In March and April 1940,12 of the 14 district managers and substantially all of the roadmen joined the Guild. - In May 1940 some district managers who were members of the Guild transferred their affiliation to the Chauffeurs. The Guild has never had any membership among the streetmen and the Chauffeurs has never had any membership, among the roadmen., The roadmen, district managers, and streetmen have never been covered in any contract with the Company. The Chauffeurs did not request their inclusion in the drivers' contract concluded in May 1940 and, as stated above, the Company refused the Guild's request for their inclusion in its outstanding contract. After concluding the drivers' contract, the' Chauffeurs submitted a contract covering only the streetmen and district managers. This contract was not accepted by the Company. So far as it is disclosed by the record, the bargaining history of the newspaper industry is inconclusive with regard to the inclusion of outside circulation employees in units comparable to that requested by the Guild.'4 Under all the' circumstances we are of the opinion that the ques- tion of the proper unit should be determined by the desires of the outside circulation employees themselves. Anticipating this con- clusion by the Board, the Chauffeurs and the Guild expressed di- vergent views concerning the voting unit for ascertaining the desires l '3 Some of the streetmen and district managers were formerly truck drivers. 14 The Guild introduced in evidence a number of contracts under which certain groups of outside circulation employees had been included in the Guild 's general bargaining unit. The Chauffeurs has an outstanding collective bargaining contract with Public Ledger, Inc, a Philadelphia newspaper , covering streetmen and drivers. In cases where there was a dispute concerning the proper unit for certain groups of out- side employers , the Board ordered a separate election for these employees . See Matter of Brooklyn Eagle and Newspaper Guild of New York, 13 N. L.. R. B 979; Matter of New York Post, Inc, and Publishers Service, Inc. and Newspaper Gusld of New York, 14 N. L R. B. 1008. In other cases involving no dispute the Board granted the Union's request either for inclusion or exclusion of various groups of these employees . See Matter of Cleveland Com- pany, Publisher of the Cleveland News and Cleveland Newspaper Guild, Local 1 (C. I. 0 ), 19 N. L. R. B. 435. 1 34 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD of these men. The Chauffeurs contends that the roadmen, district managers, and streetmen should vote as a single group ; the Guild would have each classification vote separately. Giving due consid- eration to the history and extent of organization among these three groups, and the bargaining negotiations pursued on their behalf, the. nature and conditions of their work, we believe that separate electionz, for each of these three groups is the most feasible method of ascer- taining their desires. We shall therefore direct that separate elections be held among the roadmen, the district managers, and the streetmen to determine whether they desire to be represented by the Guild or by the Chauffeurs, for the purposes of collective bargaining, or by neither. If a majority of employees within any. of these groups vote for the Guild, we shall include that'group, or groups, in the general bargain- ing unit. Masking artists The Guild desires to include the masking artists of the Company in the general bargaining unit. The Photo Engravers claims juris- diction over, the work done by these artists, asserting that its out- standing closed-shop contract, discussed above, recognizes this juris- dictional claim. In its art department the Company employs a number of artists including 19 masking artists who are engaged in the process of paint- ing out portions of photographs and art work in order to increase, by contrast, the effect of other portions. The Photo Engravers con- tends that this work is an integral part of the process of photo- engraving. In March 1938 all the masking artists employed by the Company and two other Philadelphia newspapers signed Guild application cards. Shortly thereafter a jurisdictioi-lal dispute arose between the Guild and the Photo Engravers concerning the work of the masking artists, whereupon these labor organizations agreed that the mask- ing artists should determine for themselves whether they desired to belong to the Guild or the Photo Engravers. In a ballot conducted among the masking artists by these labor organizations, substantially all of them voted for the Photo Engravers. However, they have not since been given application cards or otherwise encouraged to join the Photo Engravers. In December 1938 the masking artists em- ployed by the Company and the other two papers signed a petition withdrawing any connection with the Photo Engravers and notified the latter of this action. These masking artists then re'affiliated with the Guild.15 15 As stated above,'the Guild submitted applications signed by 13 of the 19 masking artists employed by the Company. . PHILADELPHIA INQUIRER COMPANY 35 Under all the circumstances we are of the opinion that the question of the proper unit for masking artists should be determined by the desires of the masking artists themselves. We shall therefore direct that an election by secret ballot be held among the masking artists of the Company to determine whether they desire to be represented by the Guild or by the Photo Engravers, or by neither. If a majority of these employees vote -for the Guild, we shall include them in the general bargaining unit. Our finding of appropriate unit will abide the outcome of the elections held pursuant to our Direction. VI. THE DETERMINATION OF REPRESENTATIVES The Guild requests that any elections ordered by the Board be restricted to those groups whose representation is in dispute. At the hearing the Company and the Guild stipulated without objec- tion that the Guild represents all the employees, numbering approxi- mately 529, covered by its outstanding contract. Inasmuch as there is no dispute concerning the representation of these employee ,11 an election among them will not be necessary. As to the roadmen, district managers, streetmen, and masking artists whose representation is contested, we find that the question which has arisen concerning their representation can best be resolved by separate elections by secret ballot within each of these groups. As indicated, above, the elections among the roadmen, district mail- agers, and streetmen will determine whether they, respectively, desire to be represented by the Guild, by the Chauffeurs, or by. neither; and the election among the masking artists will determine whether they desire to be represented 'by the Guild, by the Photo Engravers, or by neither. Inasmuch as the Photo Engravers expressed no desire to participate in an election, we shall grant permission to the Photo Engravers to have its name removed from the ballot if it so desires, and if it notifies the Regional Director for the Fourth Region to that effect in writing within five (5) days from the date of this Direction of Elections. The parties made no contention concerning an eligibility date. In accordance with our usual practice, we shall use the last pay-roll period immediately preceding the date of this Direction to determine eligibility to vote in the elections hereinafter directed. ' Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: ie As stated above , the Guild agreed to relinquish the mail subscription employees to the Mailers Union and to exclude them from the general unit. 441843-42-vol. 31-4 36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CONOLUsION OF LAW A question affecting commerce has arisen concerning the repre- sentation of employees of Philadelphia Inquirer Company within the meaning of Section 9 (c) and Section 2 (6) and (7) 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 Relations 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 DIRECrED that, as part of the investigation directed by the Board to ascertain representatives for collective bargaining with Phila- delphia Inquirer Company, Philadelphia, Pennsylvania, separate elections by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fourth 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 those employees of the Philadelphia Inquirer Company described below who worked for the Company during the pay-roll period last preceding the date of this Direction, including those who did not work during such pay-roll period because they were ill or on vacation or absent because called for military service, and those who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause: (a) Roadmen in the country circulation department, to determine whether they desire to be represented by Newspaper Guild of Phila- delphia and Camden, affiliated with C. I. 0., or by Philadelphia Newspaper and Magazine Chauffeurs and Handlers, Local Union No. 628, affiliated with the A. F. of L., for purposes of collective bargaining, or by neither; (b) District managers in the city circulation department, to deter- mine whether they desire to be represented by Newspaper Guild of Philadelphia and Camden, affiliated with the C. I. 0., or by Phila- delphia Newspaper and Magazine Chauffeurs and Handlers, Local Union No. 628, affiliated with the A. F. of L., for purposes of col- lective bargaining, or by neither; -- (c) Streetmen in the city circulation department, to "determine whether they desire to be represented by Newspaper, Guild. of Phila- PHILADEiLPHIA INQUIRER COMPANY 37 delphia and Camden, affiliated with C. I. 0., or by Philadelphia Newspaper and Magazine Chauffeurs and Handlers, Local Union No. 628, affiliated with the A. F. of L.; for purposes of collective bargaining, or by neither; (d) Masking artists, to determine whether they desire to be. rep- resented by Newspaper Guild of Philadelphia and Camden, affili- ated with the C. I. 0., or by Philadelphia Photo-Engravers' Union No. 7, I. P. E. U. of North America, affiliated with the A. F. of-L., for the purposes of collective bargaining, or by neither. MR. EDWIN S. SMITH, concurring and dissenting: The Company's employees have organized into two well-established bargaining units. One comprises the various inside departments, including inside circulation employees; the-other comprises the Com- pany's drivers. The district managers, roadmen, and streetmen whose status is here in dispute are each on the fringe, occupationally, of both such units. Under the circumstances I agree that their own desires shall determine whether they shall be part of the Guild unit together with the inside circulation employees or whether, to- gether with the drivers they shall comprise a unit of outside circula- tion employees. I dissent, however, from the decision to permit the status of the masking artists to be determined by an election. The wages paid these employees are much lower than those provided in the contract covering photoengravers. , The Photo Engravers has never bargained for them and claims no membership among them. Its, claim, in essence, is not to represent the maskers or to include them in a unit with photoengravers; but to recapture control of the process of masking." I would include the maskers in the Guild unit. Inas- much as the Guild represents a majority of the employees in the unit requested by it, including all the disputed groups, I would, after the elections among the district managers, roadmen, and streetmen, certify the Guild for a unit, including the maskers, without an election. 17 See Matter of New York Evening Journal, Inc. and Newspaper Guild of New York, 10 N. L. R. B. 197, 212