American Newspapers, Inc.

National Labor Relations Board - Board Decisions

Nov 30, 1940

28 N.L.R.B. 281 (N.L.R.B. 1940)

In the Matter of AMERICAN NEWSPAPERS, INC., ILLINOIS PUBLISHING
AND PRINTING COMPANY, EVENING AMERICAN PUBLISHING COMPANY
and CHICAGO NEWSPAPER GUILD, LOCAL 71 OF THE AMERICAN NEWS-
PAPER GUILD
In the Matter of AMERICAN NEWSPAPERS, INC., ILLINOIS PUBLISHING
AND PRINTING COMPANY, EVENING AMERICAN PUBLISHING COMPANY
and CHICAGO NEWSPAPER GUILD, LOCAL 71 OF THE AMERICAN NEWS-
PAPER GUILD
In the Matter of AMERICAN NEWSPAPERS, INC., ILLINOIS PUBLISHING
AND PRINTING COMPANY and CHICAGO NEWSPAPER GUILD, LOCAL 71
OF THE AMERICAN NEWSPAPER GUILD
In the Matter of ILLINOIS PUBLISHING AND PRINTING COMPANY and
CHICAGO EDITORIAL ASSOCIATION, LOCAL No. 21690, AFFILIATED WITH
THE A. F. OF L.
In the Matter of EVENING AMERICAN PUBLISHING COMPANY and
CHICAGO EDITORIAL ASSOCIATION, LOCAL No. 21690, AFFILIATED WITH
THE A. F. OF L.
Cases Nos. R-839, C-1118, C-1119, R-1544 and R-1545-
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
November 30, 1940
On April 12, 1940, the National Labor Relations Board, herein
called the Board, issued its Decision, Order, and Direction of Elec-
tions in the above-entitled proceedings,' and on May 8, 1940, in
accordance with a stipulation entered into by all the parties to these
proceedings, its Order Vacating Order and Substituting Modified
Order and Amendment to Direction of Elections.2
Pursuant to the Direction of Elections, as amended,3 separate elec-
tions by secret ballot were conducted on September 20, 1940, under
1 22 N. L R. B. 899.
a 23 N L. R B. 660.
The Direction of Elections, as amended, provided that the elections by secret ballot
be conducted not sooner than ninety (90) days from the date of the Amendment to
Direction of Elections, and not later than one hundred eighty (180) days from the said
date On August 9, 1940, the date of the election was set by stipulation of the parties
28 N. L. R. B., No. 48
281
282 DECISIONS-OF NATIONAL LABOR RELATIONS BOARD
the direction and supervision of the Regional Director for the Thir-
teenth Region (Chicago, Illinois). On September 28, 1940, the Re-
gional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, issued an Election Report, copies of which were duly
served upon the parties.
In the Decision, Order, and Direction of Elections, and, Order'
Vacating Order and Substituting Modified Order and Amendment to
Direction of Elections previously referred to, the Board made no
final determination as to the appropriate unit or units but provided
that if a ,majority of the employees in the commercial department
and in the editorial department of American Newspapers, Inc., Illi-
nois Publishing and Printing Company, and Evening American
Publishing Company, herein collectively called the Companies, chose
Chicago Newspaper Guild, Local 71 of the American Newspaper
Guild, herein called the Guild, then the employees- in the commercial
and editorial departments together would constitute a single appro-
priate unit, and further, that if Newspaper Commercial Associates,
Local 21662, affiliated with the A. F. of L., her called the Com-
mercial Associates, and Chicago Editorial Association, Local No.
21690, affiliated with the A. F. of L., herein called the Editorial
Association, were selected then the employees in the-commercial and
editorial departments, respectively, would constitute separate appro-
priate units.
As to the balloting and its results, the Regional Director reported
as follows :
Commercial Employees
Total number of employees on eligible list____________________ 574
Total' number of ballots cast ------------------- _-_----------- 560
Total number of ballots challenged__________________________ 77
Total number of blank ballots______________________________ 1
Total number of void ballots_______________________________ 0
Total number of ballots cast for the Commercial Associates____ 388•
Total number of ballots cast for the Guild___________________ 91
Total number of ballots cast for neither_____________________ 3
Editorial Employees
Total number on eligibility list_____________________________ 232
Total number of ballots cast___________________________ ___ 215
Total number of ballots challenged__________________________ - 27
Total blank ballots_________________________________________ 0
Total void ballots___________________________________________ 0
Total number of ballots cast for the Guild__________________ 34
Total number of ballots cast for the Editorial Association___ 151
Total number of ballots cast for neither_____________________ 3
AMERICAN NEWSPAPERS, INC. 283
On October 5, 1940, the Guild filed with the Board objections to the
Election Report.4 Thereafter, on October 7, 1940, the Companies, the
Editorial Association, and the Commercial Associates, respectively,
filed motions requesting the Board to dismiss the "any and all objec-
tions, exceptions, and petitions that may have been filed" by the
Guild. -
On October 28, 1940, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued his Report on Objections
in which he reported the results of his investigation. Thereafter,
the Guild requested permission to file exceptions to the Report on
Objections, for oral argument thereon, and to submit a brief. The
Board hereby denies the foregoing requests.
The Board has considered the Election Report, the objections and
affidavits filed by the Guild, the motions filed by the Companies, the
Editorial Association, and the Commercial Associates, and the Report
on Objections, and finds that the objections filed by the Guild do not
raise substantial or material issues with respect to the conduct of the
ballot or the Election Report.
Upon the basis ^ of the entire record in the case, the Board makes
the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that the employees in the editorial department, of the
Companies, excluding space writers, executives and supervisory em-
ployees, John Dienhart, employees under personal-service contracts,
and the personal secretaries of corporate officials, White, Meigs,
Koehler, and Malloy, constitute a unit appropriate for the purposes'
of collective bargaining, and that said unit will insure to employees
of the Companies the full benefit of their right to self-organization
and to collective bargaining and otherwise effectuate the policies of
the Act.
We find that the employees in the commercial department of the
Companies, excluding executives and supervisory employees, roadmen
supervisors, Hunt, Jardine, and Karper, building maintenance em-
ployees, employees who are members of and bargained for by craft
unions, all Sangamon Street employees, Canadian and country road-
men, watchmen, guards, color-plant employees, boy builders, Canadian
point supervisors, temporary employees, magazine agency employees,
employees under personal-service contracts, district managers, and
the confidential secretaries of Business Manager Fulton, Circulation
4 The , Guild incorporated in its objections a petition filed by it on September 18, 1940,
in which it requested postponement of the elections and formally charged the Companies
with violations of Section 8 (1) and (3) of the National Labor Relations Act.
284 DECISIONS • OF NATIONAL LABOR RELATIONS BOARD
Director Parker, and Advertising Director McNamee, constitute a
unit appropriate for the purposes of collective bargaining, and that
said unit will insure to employees of the Companies the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of theAct.
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. The employees in the editorial department of American News-
papers, Inc., Illinois Publishing and Printing Company, and Evening
American Publishing Company, Chicago , Illinois, excluding space
writers, executives and supervisory employees, John Dienhart, em-
ployees under personal -service contracts , and the personal secretaries
of corporate officials White, Meigs, Koehler, and Malloy, constitute
a unit appropriate for the purposes of collective bargaining within '
the meaning of Section 9 (b) 'of the National Labor Relations Act.
2. The employees in the commercial department of American News-
papers, -Inc., Illinois Publishing and Printing Company, and Evening
American Publishing Company , Chicago, Illinois, excluding execu-
tives and supervisory employees, roadmen supervisors Hunt, Jardine,
and Karper , building maintenance employees, employees who are
members of and bargained for by craft unions, all Sangamon Street
employees , Canadian and country roadmen, watchmen , guards, color-
plant employees , boy builders , Canadian point supervisors , temporary
employees ,- magazine agency employees, employees under personal-
service contracts , district managers , and the confidential secretaries
of Business Manager Fulton, Circulation Director Parker, and Adver-
tising Director McNamee, constitute a unit appropriate for the pur-'
poses , of collective bargaining within the meaning of Section 9 (b)
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
Relations 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 Commercial Associates,
Local 21662, affiliated with the A. F. of L., has been designated and
selected by a majority of all employees in the commercial depart-
ment of American Newspapers, Inc., Illinois Publishing and Printing
Company, and Evening American Publishing Company, Chicago,
AMERICAN NEWSPAPERS, INC 285
Illinois, excluding executives and supervisory employees, roadmen
supervisors Hunt, Jardine, and Karper, building maintenance em-
ployees, employees who are members of and bargained for by craft
unions, all Sangamon Street employees, Canadian country roadmen,
watchmen, guards, color-plant employees, boy builders, Canadian
point supervisors, temporary employees, magazine agency employees,
employees under personal-service contracts, district managers, and
the confidential secretaries of Business Manager Fulton, Circulation
Director Parker, and Advertising Director McNamee, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to Section, 9 (a) of the National Labor Relations Act, Newspaper
Commercial Associates, Local 21662, affiliated with the A. F. of L., is
the exclusive representative of all such employees for the purposes
of collective bargaining, with respect to rates of pay, wages, hours
of employment, and other conditions of employment, and
IT IS HEREBY CERTIFIED that Chicago Editorial Association, Local
No. 21690, affiliated with the A. F. of L., has been designated and
selected by a majority of employees in the editorial department of
American Newspapers, Inc., Illinois Publishing and Printing Com-
pany, and Evening American Publishing Company, Chicago, Illinois,
excluding space writers, executives,and supervisory employees, John
Dienhart, employees under personal-service contracts, and the per-
sonal secretaries of corporate officials White, Meigs, Koehler, and
Malloy, as their representative for the purposes of collective bar-
gaining, and that, pursuant to Section 9 (a) of the National Labor
Relations Act, Chicago Editorial Association, Local No. 21690, affili-
ated with the A. F. of L., is the exclusive representative of all such
employees for the ,purposes of collective bargaining, with respect to
rates of pay, wages, hours of employment, and other conditions of
employment.
CHAIRMAN HARRY A. MILLIS took no part in the consideration of
the above Supplemental Decision and Certification of Representatives.