036 NLRB 285
Stockholders Publishing Co., Inc.
In the Matter of STOCKHOLDERS PUBLISHING COMPANY, INC. and Los
ANGELES NEWSBOYS LOCAL INDUSTRIAL UNION No. 75, C. I. O.
In the Matter of HEARST PUBLICATIONS, INCORPORATED (Los ANGELES
EVENING HERALD & EXPRESS DEPARTMENT) and Los ANGELES NEWS-
BOYS LOCAL INDUSTRIAL UNION No. 75, C. I. O.
In the Matter of TIMES MIRROR Co. and Los ANGELES NEWSBOYS LOCAL
INDUSTRIAL UNION No. 75, C. I. O.,
In the Matter of HEARST PUBLICATIONS, INCORPORATED (Los ANGELES
EXAMINER DEPARTMENT ) and Los ANGELES NEWSBOYS LOCAL INDUS-
TRIAL UNION No. 75, C. I. O.
Cases Nos. R-1923 to R-1926, inclusive
CERTIFICATION OF REPRESENTATIVES
October 20, 1941
On January 9, 1941, the National Labor Relations Board, herein
called the Board, issued a. Decision and Direction of Elections in the
above-entitled proceedings.'
Pursuant to the Direction of Elections
and various amendments. thereto,2 an election by secret ballot was
conducted on May 15, 1941, under the direction and supervision of
the Regional Director for the Twenty-first Region (Los Angeles, Cali-
fornia), among employees of Hearst Publications, Incorporated (Los
Angeles Examiner Department), Los Angeles, California, herein
called the Los Angeles Examiner 3 On September 26, 1941, the
Board issued a Supplemental Decision and Direction,' which, inter
alia, directed the Regional Director to open and count the challenged
`ballots cast by 93 persons named in the Supplemental Decision and
Direction.
On October 3, 1941, the Regional Director, acting pur-
128 N. L. R. B., No. 151.
2 29 N. L. R. B., No. 16; 29 N. L. R. B ., No. 1.6a; 30 N . L. R. B., No . 110; 30 N. L.
R. B., No. 110a; 31 N. L . R. B., No. 115.
$ Pursuant to the said Decision and Direction of Elections , as amended, separate elec-
tions were also conducted on May, 14 and 15, 1941, among employees of Stockholders
Publishing Company, Inc., Hearst Publications , Incorporated ( Los Angeles Evening Herald
& Express Department ) and The Times Mirror Company, all of Los Angeles , California.
On July 30, 1941, the Board issued its Supplemental Decision and Certification of Repre-
sentatives based upon the results of the said elections (33 N. L. R. B., No. 188).
'' 35 N. L. R. B., No. 179.
36 N. L. R. B., No. 51.
285
286
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued his Supplemental
Election Report, copies of which were duly served upon the Los
Angeles Examiner and upon Los Angeles Newsboys Local Industrial
Union No. 75, C. I. O.
In_his Supplemental Election Report the Regional Director reported
that on October 1, 1941, he opened and counted the challenged ballots
referred to, and that the final tabulation of the result of the balloting
was as follows :
Total on eligibility list_ _____________________________________
453
Total ballots cast------------------------------------------ 5321
Total ballots challenged____________________________________
153
Total challenged ballots counted-----------------------------
91
Opened challenged ballots not counted_______________________
3
Total challenged ballots not counted-------------------------
62
Total votes for Los Angeles Newsboys Local Industrial Union
No. 75, C. I. 0------------------------------------------
''_61
Total votes against Los Angeles - Newsboys Local Industrial
Industrial Union No. 75, C. I. O____________________________
95
The Regional Director reported that the 3 challenged ballots which
were opened pursuant to said Supplemental Decision and Direction
but not counted were ballots for an election held among employees of
another employer.
.
No objections to the counting of the challenged ballots or to the
Supplemental Election Report have been. filed by any of the parties.
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 Los Angeles Newsboys Local Industrial
Union No. 75, C. I. 0., has been designated and selected by a majority
of all employees of Hearst Publications, Incorporated (Los Angeles
Examiner Department), Los Angeles, California, who are newsboys
engaged in the street sale of the Examiner at established spots 4 or
more hours a day, 5 or more days a. week, within Los Angeles, Cali-
fornia, excluding temporary newsboys, as their representative for
the purposes'of collective bargaining, and that, pursuant to the pro-
5In the Board's Supplemental Decision and Direction of'September 26, 1941, we stated
that
*the Regional ' Director reported that the ballots cast totaled 320 and that the chal-
lenged ' ballots totaled 152.
In. his Supplemental Election Report the Regional
'Director
reported that 1 of the challenge envelopes contained 2 ballots , so that in fact 321 ballots
had been cast,
153. 'of which had been challenged .
The extra ballot referred to was
found to be for an election among employees of another employer and was therefore, as
stated below, not counted.
.
STOCKHOLDERS PUBLISHING COMPANY, INC.
287
visions of Section 9 (a) of the Act, Los Angeles Newsboys Local
Industrial Union No. 75, C. I. 0., 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.
MR. GERAxn D. REILLY took no part in the consideration of the above
Certification of Representatives.