The New York Times Co.

In the Matter of THE NEW YORK TIMES COMPANY and AMERICAN NEWSPAPER WRITERS' ASSOCIATION , FEDERAL LOCAL No. 22397, AFFIL- IATED WITH THE AMERICAN EDITORIAL ASSOCIATION , . NATIONAL COUNCIL, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR In the Matter of THE NEW YORK TIMES COMPANY and NEWSPAPER GUILD OF NEW YORK AFFILIATED WITH THE AMERICAN NEWSPAPER GUILD Cases Nos. B-0278 and B-2279 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES August 07, 1941 The National Labor Relations Board, herein called the Board, issued in the above-entitled proceedings, a Decision, Order, and Direc- tion of Election on June 20, 1941,' and an Amendment to Direction of Election on July 22, 1941.2 Pursuant, to the Direction of Election, as amended, an election by secret ballot was conducted on July 23, 1941, ballots cast by mail being returnable by July 31, 1941, under the direction and supervision of the Regional Director for the Second Region (New York City). On August .5, 1941, 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 her Election Report. No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total Number Eligible to Vote__ _____________________________ 587 Total Number of Ballots Cast -------------------------------- 547 Total Number of Valid Ballots___ ------------------------------- Total Number of Votes in favor of American Newspaper 535 Writers' Association , Local 22397, A. F. of L________________ 202 132 N. L. R. B. 928. 2 33 N. L. R. B. 926. 35 N. L. R. B., No.5. 17 18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 9 Total Number of Votes in favor of Newspaper Guild of New York------------------------------------------------------ 295 Total Number of Votes in favor of neither union -------------- 38 Total Number of Blank Votes -------------------------------- 0 Total Number of Void Ballots--------------------------------- 4 Total Number of Challenged Votes--------------------------- 8 Since the number of challenged ballots cannot affect the result of the election , the Regional Director made no report or recommenda- tions regarding said challenges, and we find it unnecessary to make any determination with respect thereto. On August 8, 1941 , American Newspaper Writers' Association, Federal Local No. 22397, affiliated with the American Editorial As- sociation, National Council , affiliated with the American Federation of Labor, herein called the Association, filed a document, dated August 6, 1941 , and captioned "Request for Reconsideration ," peti- tioning the Board to reconsider its Decision herein dismissing the Association's petition for investigation and certificaton of repre- sentatves filed in this proceeding on August 9, 1940,3 and to find appropriate the unit requested in its petition . Since no matter not previously considered by the Board is suggested in the document, we hereby deny the Association 's "Request for Reconsideration." 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Newspaper Guild of New York, affili- ated with the American Newspaper Guild, has been designated and selected by a majority of the employees of The New York Times Company, New York City, in its editorial and news department, in- cluding the employees listed in Schedule C of the Appendix to the Decision, Order, and Direction of Election herein, but excluding the executives, confidential secretaries, and others listed in Schedule A of said Appendix , as their representative for the purposes of collec- tive bargaining, and that pursuant to Section 9 (a) of the National Labor Relations Act, Newspaper Guild of New York, affiliated with the American Newspaper Guild, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages , hours of employment, and other conditions of employment. 3 32 N. L. R. B. 928 I