Associated Press

National Labor Relations Board - Board Decisions

Mar 16, 1938

6 N.L.R.B. 4 (N.L.R.B. 1938)

III the Matter of ASSOCIATED PRESS and THE AMERICAN NEWSPAPER
GUILD
.Case N. 8-536
CERTIFICATION OF REPRESENTATIVES
March 16, 1938
On September 23, 1937, The American Newspaper Guild, herein
called the Guild, filed with the Regional Director for the First Region
(Boston, Massachusetts), for the Fourth Region (Philadelphia, Penn-
sylvania) and for. the Fifth Region ( Baltimore , Maryland) petitions
alleging that questions affecting commerce had arisen concerning the
representation of employees of the Boston, Philadelphia and Wash-
ington offices, respectively, of Associated Press, and requesting investi-
gations and certifications of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On September 30, 1937, the National Labor Relations Board,
herein called the Board, acting pursuant to Article II, Section 37 (c),
of National Labor Relations Board Rules and Regulations=Series 1,
as amended, issued an order consolidating and transferring the pro-
ceedings from the First, Fourth,.and Fifth Regions to the Second
Region. On October 26, 1937, the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of said Rules and Regula-
tions, ordered an investigation and authorized the Regional Director
for the Second Region to conduct it and to provide for an appropriate
hearing upon due notice.
On December 30, 1937, the Board, acting pursuant to Section 9 (c)
of the Act and Article III, Section 3, of the Rules and Regulations,
consolidated for purposes of a hearing the matter of investigation
and certification of representatives with the investigation of charges.
of unfair labor practices that had been filed by the Guild against
the Associated Press.' On January 5, 1938, the Board issued an
order of severance, severing these two proceedings.
On December 23, 1937, the Regional Director issued a• notice of
hearing, copies of which were duly served upon the Associated Press
and upon the Guild. Pursuant to the notice, a hearing was held
on January 5 and 6, 1938, at New York City, before -Frank Bloom,
the Trial Examiner duly designated by the Board.
'Case No. It-C-1093.
4
-PE CfSIOTNS_AND' 'ORDERS' 5
On January ' 10, '1938, ' the Board issued "an order admitting into
evidence as Respondent 's Exhibit ' No. 4' a, letter dated January 7,
1938, from Lloyd Stratton to Nathan Witt, Secretary of the National
Labor Relations Board. On January 18, 1938, a hearing was held
at Washington , D. C., before the full Board , for the purpose of
oral argument.
On February 2, 1938, the Board issued a Decision and Direction
of Elections .2 The Direction of Elections provided for elections by
secret ballot to be held within fifteen ( 15) days from the date of
the Direction :
(1) Under the direction and supervision of the Regional Director
for .the First Region ,, among ' the , editorial , clerical, photo , service
(utility ) employees , and all other employees ;, excluding chiefs of
-bureaus, telegraphers , punchers , wire equipment maintenance em-
ployees, wire photo operators and photo engravers, who were included
in the January 5, 1938, pay roll for the Boston office, to determine
whether or not they desired to be represented by The American
Newspaper Guild for the purposes of collective bargaining;
(2) Under the direction and supervision of the Regional Director
for the Fourth Region among the editorial ; clerical , photo, service
(utility) employees, and all 'other employees , excluding chiefs of
bureaus, telegraphers ,-,,punchers , wire equipment maintenance em-
ployees, wire photo operators and photo ' engravers, who were in-
cluded in the January 5, 1938, pay roll for,the Philadelphia office,
to determine whether or not they desired to be represented by The
American Newspaper Guild for the purposes of collective bargain-
ing; and
(3) Under the direction and supervision of the Regional Director
for the Fifth Region among the editorial, clerical, photo, service
(utility ) employees , and all other employees , excluding chiefs of
bureaus, telegraphers , punchers , wire equipment maintenance em-
ployees; wire photo operators and photo engravers , who were in-
cluded in the January 5, 1938, pay roll for the Washington office, to
determine whether ors-not , they, desired to be represented by The
American Newspaper Guild for the purposes of collective bargaining.
Pursuant to the Direction of Elections, elections by secret ballot
were conducted on February 15, 1938, by the Regional Directors for
the First, Fourth and Fifth Regions. Full opportunity was af-
forded all the parties to the investigation to- participate in the
conduct of the secret ballots and make challenges.
On February 16, 1938, the Regional Director for the First Region
issued and duly served upon the parties to the proceeding his Inter-
mediate Report on the ballot. No objections to the ballot or to the
Intermediate Report have been filed by.-any of the parties.
2 5N L R B 43
6 NATIONAL LABOR RELATIONS BOARD
As to the results of the secret ballot, the Regional Director for the
First Region reported as follows :
Total number eligible_______________________________________ 49
Total ballots cast___________________________________________ 48
Number of ballots marked "Yes"___________________________ 39
Number of ballots marked "No"___________________________ 9
Number of blank ballots____________________________________ 0
Number of void balloats --------------------------- _--------- 0
On March 8 ' 19382 the Regional. Director for the Fourth Region
issued and duly served upori,the "parties to the proceeding his Inter-
mediate Report on the ballot. No objections to the ballot or to the
Intermediate Report have been filed by any of the parties.
As to the results of the secret ballot, the Regional Director for the
Fourth Region reported as follows :
Total number eligible_______________________________________ 27
Total ballots cast___________________________________________ 26
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged ballots___________________________ 1
Total number of ballots cast for American Newspaper Guild__ 18
Total number of ballots cast against American Newspaper
Guild----------------------------------------------------- 7
On February 16, 1938, the Regional Director for the Fifth Region
issued and duly served upon the parties to the proceeding his Inter-
mediate Report on the ballot. No objections to the ballot or to the
Intermediate Report have been filed by any of the parties.
As to the results of the secret ballot, the Regional Director for the,
Fifth Region reported as follows :
Total number eligible_______________________________________ 114
Total ballots cast---------------- 98---------------------------
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged votes____________________________ 7
Total 'number of ballots cast for The American Newspaper
Guild----------------------------------------------------- 81
Total number of ballots cast against The American Newspaper
Guild----------------------------------------------------- 10
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 HEREBY CERTIFIED that The American Newspaper Guild has
been designated and selected by a majority of the editorial, clerical,
photo, service (utility) employees, and all other employees, excluding
chiefs of bureaus, telegraphers,. punchers, wire equipment main-
DECISIONS AND ORDERS 7
tenance employees, wire photo operators and photo engravers, who
are employed in the Boston office of the Associated Press, as their
representative for the purpose of collective bargaining, and that,
pursuant to Section 9 (a) of the Act, 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.
IT IS HERESY CERTIFIED that The American Newspaper Guild has
been, designated and selected by a majority of the editorial, clerical,
photo, service (utility) employees, and all other employees, exclud-
ing chiefs of bureaus, telegraphers, punchers, wire equipment mainte-
nance employees, wire photo operators and photo engravers, who are
employed in the Philadelphia office of the Associated Press, as their
representative for the purpose of collective bargaining, and that, pur-
suant to Section 9 (a) of the Act, 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.
IT IS HEREBY CERTIFIED that The American Newspaper Guild has
been designated and selected by a majority of the editorial, clerical,
photo, service (utility) employees, and all other employees, exclud-
ing chiefs of bureaus, telegraphers, punchers, wire equipment mainte-
nance employees, wire photo operators and photo engravers, who are
employed in the Washington office of the Associated Press, as their
representative for the purpose of collective bargaining, and that,
pursuant to Section 9 (a) of the Act, 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.
80618-38--VOL, vi-2