New York Evening Journal, Inc.

National Labor Relations Board - Board Decisions

Apr 7, 1939

12 N.L.R.B. 127 (N.L.R.B. 1939)

In the Matter of NEW YORK EVENING JOURNAL, INC. and NEWSPAPER
GUILD OF NEW YORK
In the Matter of NEw YORK EVENING JOURNAL, IN C. and AMERICAN
ADVERTISING ASSOCIATES UNION, FEDERAL LOCAL 21627
Cases Nos. R-715 and R-866, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
April 7, 1939
On December 5, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceeding.' On December 17, 1938, the Board issued
an Amendment to Direction of Elections.' In its Decision, as amended,
the Board provided that elections by secret ballot be conducted as soon
as convenient and beginning as promptly as practicable after the date
of the Direction, and further expressly authorized the use of the
United States mail for the purposes of the election, under the super-
vision of the Regional Director for the Second Region, among those
employees of New York Evening Journal, Inc., herein called the
Company, who fell within the groups described below :
(a) City inspectors in the circulation department, to determine
whether they desired to be represented by Newspaper Guild of New
York, by American Federation of Labor Newspaper Organization
Council, or by Newspaper and Mail Deliverers' Union, or by none of
them, for the purposes of collective bargaining;
(b) All other employees except executives, employees who are cov-
ered by the contracts of Stereotypers' Union; Electrotypers' Union;
Paper Handlers' and Straighteners' Union ; New York Newspaper
Printing Pressmen's Union ; Local Union No. 3, International Brother-
hood of Electrical Workers; Newspaper and Mail Deliverers' Union;
Mailers' Union; Photo Engravers' Union; and Typographical Union;
employees who are members of or are eligible to membership in Build-
ing Service Employees Local No. 32b; International Association of
' 10 N L. R B. 197.
2 ION L It B. 216.
12 N. L . R. B., No. 18.
127
128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Machinists; Commercial Telegraphers' Union; and International Alli-
ance of Billposters and Billers of America, Local No. 2, American
Federation of Labor; employees of Hearst International Advertising
Service and those employees who are in advertising merchandise re-
search; employees of the American Weekly; composing-room boys,
city inspectors; temporary employees; schoolboys who are part-time
employees, including jumpers, contract helpers, and similar part-time
boys; to determine whether they desired to be represented by New
York Newspaper Guild or by American Federation of Labor News-
paper Organization Council for the purposes of collective bargaining,
or by neither.
In its Decision, the Board made no final determination concerning
the appropriate unit for the purposes of collective bargaining with the
Company with respect to the city inspectors. The New York News-
paper Guild, herein called the Guild, contended that the city inspectors
together with all other employees in the editorial and commercial
divisions, including business, circulation, advertising, and allied
groups, with certain exceptions, constitute an appropriate unit. The
Newspaper and Mail Deliverers' Union, herein called the N. M. D. U.,
contended that the inspectors should be excluded from the general
unit. The Board stated that since either contention could be sustained,
it would direct a separate election to be held for the inspectors, and
that on the result of this election would depend in part its determina-
tion of the appropriate unit for collective bargaining with the Com-
pany. The Board stated :
"If a majority of the city inspectors cast their votes for the
Guild and/or the American Federation of Labor, the city inspec-
tors shall be included within the general unit ... In the event,
however, that a majority of the city inspectors cast their votes for
the N. M. D. U. or for neither the Guild, the American Federation
of Labor, nor the N. M. D. U., the city inspectors shall be excluded
from the general unit."
Pursuant to the Direction, as amended, described above, elections
by secret ballot were conducted under the direction and supervision of
the Regional Director for the Second Region (New York City) on
December 20, 1938, at New York City, except as to employees in the
classification of Road Men in the Circulation Division, who were
voted by mail. On December 30, 1938, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, issued and duly served
upon the parties her Intermediate Report on the Secret Ballot. No
objections or exceptions to the Intermediate Report have been filed by
any of the parties.
NEW YORK EVENING JOURNAL, INC. 129
As to the balloting and its results, the Regional Director reported as
follows :
(a) Among the group of employees listed in paragraph (a) of the
Direction :
Total number eligible to vote-------------------------------- 22
Total number of ballots cast-------------------------------- 19
Total number of ballots counted------------------------------ 19
Total number of votes in favor of :
New York Newspaper Guild----------------------------- 0
American Federation of Labor Newspaper Organization
Council---------------------------------------------- 0
Newspaper and Mail Deliverers ' Union---- -------------- 19
None of the afore-mentioned organizations--------------- 0
Total number of blank ballots------ ------------------------- 0
Total number of challenged votes ---------------------------- 0
(b) Among the group of employees listed in paragraph (b) of the
Direction as amended :
Total number eligible to vote-------------------------------- 713
Total number of ballots cast -------------------------------- 620
Total number of ballots counted----------------------------- 595
Total number of votes in favor of :
American Federation of Labor Newspaper Organization
Council---------------------------------------------- 158
New York Newspaper Guild----------------------------- 415
Neither organization------------------------------------ 22
Total number of blank ballots--------- ---------------------- 0
Total number of void ballots-------------------------------- 0
Total number of challenged votes---------------------------- 25
Although the 25 challenged votes could not affect the results of the
election, the parties nevertheless requested that the challenges be ruled
upon so that it could be determined whether or not those employees
whose votes were challenged are included in the appropriate unit. On
February 21,1939, the Regional Director for the Second Region issued
and duly served upon the parties her Supplemental Intermediate
Report, in which she made various rulings concerning the inclusion
or exclusion of the employees who votes were challenged. No objec-
tions or exceptions to the Supplemental Intermediate Report have
been filed by any of the parties.
SUPPLEMENTAL FINDINGS OF FACT
In accordance with these rulings made by the Regional Director, we
find that Louis Kamp, V. Montamoras, S. Tucker, James Reche, Paul
Gardner, and V. Daly, while technically not on the pay roll of April
1, 1938, were eligible to vote; that J. Manketo, David Eisenberg and
Mae Schneider are not temporary employees and so were eligible to
vote; that the following employees are not executives within the
meaning of paragraph (b) of the Board's Direction, and were eligible
130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to vote: William Skelly, P. L. Campbell, John F. Spicer, L. McCabe,
F. S. Cone, 0. Neudorfer, Sterling Noel, H. Slaught, Georgie (Jean
Harper) Englehart, W. H. Ryan, Clarence Houseman, A. A. Nelson,
Martin Dunn, and Paul Kuzma. We further find that these employees
fall within the appropriate unit as described in paragraph (b) of the
Direction, as amended. We find, however, that J. Stenard and Vin-
cent Sexton are temporary employees within the meaning of said
paragraph (b) of the Direction, as amended, and so are excluded
from the appropriate unit.
We find that all employees except executives, employees who are
covered by the contracts of Stereotypers' Union; Electrotypers' Union;
Paper Ha. dlers' and Straighteners' Union; New York Newspaper
Printing Pressmen's Union; Local Union No. 3, International Brother-
hood of Electrical Workers; Newspaper and Mail Deliverers' Union;
Mailers' Union; Photo Engravers' Union; and Typographical Union;
employees who are members of or are eligible to membership in Build-
ing Service Employees Local No. 32b; International Association of
Machinists; Commercial Telegraphers' Union; and International Al-
liance of Billposters and Billers of America, Local No. 2, American
Federation of Labor; employees of Hearst International Advertising
Service and those employees who are in advertising merchandise re-
search; employees of the American Weekly; composing-room boys,
city inspectors; temporary employees; schoolboys who are part-time
employees, including jumpers, contract helpers, and similar part-time
boys constitute a unit appropriate for the purposes of collective bar-
gaining, and that said unit will insure to employees of the Company
the full benefit of their right to self-organization and collective bar-
gaining and otherwise effectuate the policies of the Act.
We find that the Guild has been designated and selected by a major-
ity of the employees in the above-described unit as their representative
for the purposes of collective bargaining. It is, therefore, the exclu-
sive representative of all employees in such unit for the purposes of
collective bargaining, and we will so certify.
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. All the employees except executives, employees who are covered
by the contracts of Stereotypers' Union; Electrotypers' Union; Paper
Handlers' and Straighteners' Union ; New York Newspaper Printing
Pressmen's Union ; Local Union No. 3, International Brotherhood of
Electrical Workers; Newspaper and Mail Deliverers' Union, Mailers'
Union; Photo Engravers' Union; and Typographical Union; em-
ployees who are members of or are eligible to membership in Building
Service Employees Local No. 32b; International Association of Ma-
NEW YORK EVENING JOURNAL, INC. 131
chinists; Commercial Telegraphers' Union; and International Alli-
ance of Billposters and Billers of America, Local No. 2, American
Federation of Labor; employees of Hearst International Advertising
Service and those employees who are in advertising merchandise re-
search; employees of the American Weekly; composing-room boys,
city inspectors; temporary employees; schoolboys who are part-time
employees, including jumpers, contract helpers, and similar part-time
boys constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
2. New York Newspaper Guild is the exclusive representative of all
the employees in such unit for the purposes of collective bargaining,
within the meaning of Section 9 (a), 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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT IS UERF.RY CERTIFIED that New York Newspaper Guild has been
designated and selected by a majority of all employees of New York
Evening Journal, Inc., New York City, excluding executives, em-
ployees who are covered by the contracts of Stereotypers' Union;
Electrotypers' Union; Paper Handlers' and Straighteners' Union;
New York Newspaper Printing Pressmen's Union; Local Union
No. 3, International Brotherhood of Electrical Workers; News-
paper and Mail Deliverers' Union; Mailers' Union; Photo Engravers'
Union; and Typographical Union; employees who are members of or
are eligible to membership in Building Service Employees Local No.
39,b; International Association of Machinists; Commercial Teleg-
raphers' Union; and International Alliance of Billposters and Billers
of America, Local No. 2, American Federation of Labor; employees of
Hearst International Advertising Service and those employees who
are in advertising merchandise research; employees of the American
Weekly; composing-room boys, city inspectors; temporary employees;
schoolboys who are part-time employees, including jumpers, contract
helpers, and similar part-time boys as their representative for the pur-
poses of collective bargaining and that, pursuant to the provisions of
Section 9 (a) of the Act, New York 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.
169134-39-vol. 12-10
132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
[SAME TITLE]
SECOND SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
May 12, 1939
On December 5, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in
the above-entitled proceedings. In this Decision, the Board did not
finally pass on the conflicting claims of Newspaper Guild of New
York, herein called the Guild, and New York Typographical Union
No. 6, herein called the Typographical Union, concerning the inclu-
sion of the composing-room boys employed by New York Evening
Journal, Inc., herein called the Company. The Guild contended that
these composing-room boys should be included in the general unit
claimed by it; the Typographical Union, on the other hand, re-
quested that this group of employees be excluded. The Board, in
its Decision, accordingly stated :
At the oral argument on August 25, 1938, however, the rep-
resentative of the Typographical Union stated that the Execu-
tive Council of the Union was then working upon the establish-
ment of an auxiliary to the Union which would give composing-
room boys limited membership as sub-apprentices....
We have previously stated that "If the typographical craft
organizations desired to bargain for them [the composing-room
boys] we should be disposed to exclude them from a unit com-
posed largely of white-collar workers, but we are impelled by
the consideration that no one will bargain for these workers
if [the Guild] does not." 1 It appears now that the Typograph-
ical Union does desire to bargain for the composing room boys
and that it has taken concrete steps toward creating machinery
for their representation.
In view of pending developments, we shall suspend our final
conclusions on the claims made by the Guild and the Typo-
graphical Union concerning the composing-room boys. For the
present, we shall exclude these boys from the unit claimed by
the Guild. If, however, at the end of 90 days from the date of
this Decision, no satisfactory machinery has been set up to pro-
'Matter of Daily Mirror, Ino. and The Newspaper Guild of New York, 5 N. L R B. 362;
Matter of Times Publishing Company and The Newspaper Guild of Detroit, 8 N. L.
R. B. 1170.
NEW YORK EVENING JOURNAL, INC. 133
vide the composing-room boys with bona fide representation,
we shall then entertain a motion to include them in the general
unit hereinafter found to be appropriate.
Thereafter, the Board issued an Amendment to Direction of Elec-
tion,2 and, subsequently, a Supplemental Decision and Certification
of Representatives 8 in which it certified the Guild as the execlusive
representative of the employees in the appropriate unit. On April
7, 1939, after the 90-day period provided for in the original Decision
had expired, the Guild filed with the Board a motion to include the
composing-room boys in the general unit previously found by the
Board to be appropriate. In its motion, the Guild stated that the
Typographical Union had set up no machinery to provide the com-
posing-room boys with bona fide representation. On April 13, 1939,
the Board, through its Assistant Secretary, notified the Company
and the Typographical Union of the receipt of the Guild's motion
and advised the Company and the Typographical Union that the
Board would proceed to a consideration of this motion "after allow-
ing a period of 10 days from the date of receipt of this letter within
which representations of the respondent and the International Typo-
graphical Union may be made to the Board with respect to the
motion." Neither the Company nor the Typographical Union made
such representations.
Since the Guild's motion is thus unopposed, and in view of the
Board's statement in the original Decision, the Guild's motion to
include the composing-room boys in the unit found by the Board to
be appropriate is hereby granted. In its Supplemental Decision and
Certification of Representatives, the Board found that the Guild
had been designated as exclusive agent by the employees in the
appropriate unit by a large majority. The 40 votes of the com-
posing-room- boys could not affect the results of the election or the
certification. Therefore, we shall certify the Guild as the exclusive
representative of the employees in the appropriate unit as enlarged
by the inclusion of the composing-room boys. Accordingly, we
hereby withdraw the Supplemental Conclusions of Law and the Cer-
tification of Representatives as set out in our Supplemental Decision
and Certification of Representatives, and substitute therefor the
Amended Conclusions of Law and Certification of Representatives
below.
Upon the basis of the above findings of fact, and upon the entire
record in the case, the Board makes the following:
210N L R. B. 216.
212 N. L. R. B. 127.
134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
AMENDED CONCLUSIONS OF LAW
1. All the employees except executives, employees who are covered
by the contracts of Stereotypers' Union; Electrotypers' Union; Paper
Handlers' and Straighteners' Union ; New York Newspaper Printing
Pressmen's Union ; Local Union No. 3, International Brotherhood of
Electrical Workers ; Newspaper and Mail Deliverers' Union ; Mail-
ers' Union; Photo Engravers' Union; and Typographical Union;
employees who are members of or are eligible to membership in
Building Service Employees Local No. 32b; International Associa-
tion of Machinists; Commercial Telegraphers' Union; and Interna-
tional Alliance of Billposters and Billers of America, Local No. 2,
American Federation of Labor; employees of Hearst International
Advertising Service and those employees who are in advertising mer-
chandise research ; employees of the American Weekly ; city inspec-
tors; temporary employees; schoolboys who are part-time employees,
including jumpers, contract helpers and similar part-time boys con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
2. New York Newspaper Guild is the exclusive representative of all
the employees in such unit for the purposes of collective bargaining,
within the meaning of Section 9 (a) of the National Labor Relations
Act.
AMENDED 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 Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
1, as amended,
IT IS HEREBY CERTIFIED that New York Newspaper Guild has been
designated and selected by a majority of all employees of New York
Evening Journal, Inc., New York City, excluding executives,
employees who are covered by the contracts of Stereotypers'
Union ; Electrotypers' Union ; Paper Handlers' and Straighteners'
Union; New York Newspaper Printing Pressmen's Union; Local
Union No. 3, International Brotherhood of Electrical Workers;
Newspaper and Mail Deliverers' Union; Mailers' Union; Photo En-
gravers' Union; and Typographical Union; employees who are mem-
bers of or are eligible to membership in Building Service Employees
Local No. 32b; International Association of Machinists; Commercial
Telegraphers' Union ; and International Alliance of Billposters and
Billers of America, Local No. 2, American Federation of Labor;
NEW YORK EVENING JOURNAL, INC. 135
employees of Hearst International Advertising Service and those
employees who are in advertising merchandise research; employees
of the American Weekly; city inspectors; temporary employees;
schoolboys who are part-time employees, including jumpers, con-
tract helpers, and similar part-time boys as their representative for
the purposes of collective bargaining and that, pursuant to the pro-
visions of Section 9 (a) of the Act, New York 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.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Second Supplemental Decision and Certification of
Representatives.
12 N. L . R. B., No. 18a.