Boston Daily Record

National Labor Relations Board - Board Decisions

Oct 5, 1938

9 N.L.R.B. 25 (N.L.R.B. 1938)

In the Matter of BOSTON DAILY RECORD - (NEW ENGLAND NEWSPAPER
PUBLISHING Co.) ^ and NEWSPAPER GUILD OF BOSTON (AMERICAN
NEWSPAPER GUILD)
In the Matter of BOSTON EVENING AMERICAN AND BOSTON SUNDAY
ADVERTISER - ( NEW ENGLAND NEWSPAPER PUBLISHING Co.) and
NEWSPAPER GUILD OF BOSTON (AMERICAN NEWSPAPER GUILD)
In the Matter of NEW ENGLAND NEWSPAPER PUBLISHING Co. and
AMERICAN FEDERATION OF NEWSPAPER WRITERS, REPORTERS & EDI-
TORIAL WORKERS , FEDERAL LOCAL #21432
Cases Nos. R-7W, R-771, and R-72,0, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
October 5, 1938
On January 28, 1938, American Newspaper Guild, herein called
the Guild, on behalf of Newspaper Guild of Boston, herein called
the Boston Guild, filed with the Regional Director for the First
Region (Boston, Massachusetts) two petitions alleging that questions
affecting commerce had arisen concerning the representation of em-
ployees of the New England Newspaper Publishing Company, Bos-
ton, Massachusetts, herein called the Company, on the Boston Daily
Record, herein called the Record, and on the Boston Evening Ameri-
can and the Boston Sunday Advertiser, herein called the American-
Advertiser, respectively, and requesting investigations and certifica-
tions of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On March
10, 1938, the Guild filed amended petitions alleging that questions
affecting commerce had arisen concerning the representation of em-
ployees of the Company on the aforesaid newspapers and asking
for investigations and certifications of representatives. On March
12, 1938, American Federation of Newspaper Writers, Reporters and
Editorial Workers, Federal Local #21432, herein called the News-
paper Writers' Union, filed a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
9 N. L. R. B., No. 8.
25
26 NATIONAL LABOR RELATIONS BOARD
of the Company on the afore-mentioned newspapers and requesting
an investigation and certification of representatives.
On March 17, 1938, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice. The Board, acting pur-
suant to Article III, Section 10 (c) (2), of the Rules and Regula-
tions, further ordered that the three cases be- consolidated for the
purposes of hearing.
On March 21, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Boston
Guild, and the Newspaper Writers' Union. On March 25, 1938, the
Regional Director issued a notice of postponement of hearing, copies
of which were duly served upon the same parties. On March 30, 1938,
the Regional Director issued a second notice of postponement of hear-
ing, copies of which were also duly served upon the parties. Pursuant
to the second notice of postponement of hearing, a hearing was held
on April 5 and 6, 1938, at Boston, Massachusetts, before Mapes David-
son, the Trial Examiner duly designated by the Board.
At the hearing motions to intervene were made on behalf of the
Stenographers, Typists, Bookkeepers and Assistants Union, Local
14965 of Boston, herein called the Stenographers' Union ; the Ameri-
can Federation of Labor, herein called the A. F. of L.; Building
Service Help Local No. 30, Building Service Employes' International
Union, herein called the Building Employes ; International Printing
Pressmen and Assistants' Union of North America, herein called the
Pressmen ; and International Association of Machinists, herein called
the Machinists.'
On April 20, 1938, the Guild filed a petition requesting that the
case be reopened. As a result of stipulations entered into by the par-
ties on July 2, 1938, and on July 9, 1938, this petition was denied. On
May 17, 1938, a hearing was held at Washington, D. C., for the
purpose of oral argument.
On July 29, 1938, the Board issued a Decision and Direction of
Elections.2 In its decision, the Board made no final determination as
to the appropriate unit for the purposes of collective bargaining with
the Company.. The Boston Guild had contended for a single unit
composed of all the employees of the Company, excluding executives,
-press clerks, paper handlers, bootjacks, building service and mainte-
nance employees, and also excluding those employees on behalf of
1 It appeared at the hearing that the Machinists , the Pressmen , and the Building Em-
ployes did not represent any employees who would be affected by the investigation.
2 8 N. L. R. B. 694.
DECISIONS AND ORDERS 27
whom the following labor organizations had already bargained and
secured contracts with the Company : Boston Mailers Union No. 16,
Boston Typographical Union No. 13, International Association of
Machinists, Lodge No. 264, Truck Drivers, Chauffeurs and Helpers
Union, Local No. 25, Boston Newspaper Printing Pressmen's Union
No. 3, Boston Photoengravers Union No. 3, Boston Stereotypers Union
No. 2; Newspaper Chauffeurs, Distributors and Helpers, Local Union
No. 259, and International' Brotherhood of Electrical Workers, Local
No. 103. The Stenographers' Union claimed that there should be a
separate unit composed of all "office help." The Newspaper Writers'
Union and the Company contended for a separate unit composed of
the employees in the editorial departments, excluding executives.
The Board found that all the employees of the Company, exclud-
ing executives, press clerks, paper handlers, building service and
maintenance employees, and excluding those employees on behalf of
whom the following labor organizations had already bargained and
secured contracts with the Company : Boston Mailers Union No. 16,
Boston Typographical Union No. 13, International Association of
Machinists, Lodge No. 264, Truck Drivers, Chauffeurs and Helpers
Union Local No. 25,_ Boston Newspaper Printing Pressmen's Union
No. 3, Boston Photoengravers Union No. 3, Boston Stereotypers Union
No. 2, Newspaper Chauffeurs, Distributors and Helpers, Local Union
No. 259, and International Brotherhood of Electrical Workers, Local
No. 103; and including or excluding the employees in the editorial
departments "as shall be hereafter determined upon the basis of the
results of the election herein ordered", constituted an appropriate unit
for the purposes of collective bargaining. The Board, in its Direc-
tion of Elections, provided for elections by secret ballot to be con-
ducted within fifteen (15) days from the date of the Direction under
the direction and supervision of the Regional Director for the First
Region among the employees of New England Newspaper Publishing
Company who fall within the groups described below :
(a) All the employees on the Boston Daily Record, Boston Evening
American, and Boston Sunday Advertiser, who were employed on
March 12, 1938, excluding executives, employees in the editorial de-
partments, building service and'maintenance employees, press clerks,
paper handlers, bootjacks, and excluding employees on behalf of whom
the following unions have bargained and secured contracts : Boston
Mailers Union No. 16, Boston Typographical Union No. 13, Inter-
national Association of Machinists, Lodge No. 264, Truck Drivers,
Chauffeurs and Helpers Union Local No. 25, Boston Newspaper Print-
ing Pressmen's Union No. 3, Boston Photoengravers Union No. 3, Bos-
ton Stereotypers Union No. 2, Newspaper Chauffeurs, Distributors
and Helpers, Local Union No. 259, International Brotherhood of Elec-
28 NATIONAL LABOR RELATIONS BOARD
trical Workers, Local No. 103, .and also excluding those who. have
since quit or who have been discharged for cause, to determine-whether,
they desire to be represented by Newspaper Guild of Boston, or by
Stenographers, Typists, Bookkeepers and Assistants Union, Local
14965 of Boston, for the purposes of collective bargaining, or by
neither."
(b) The employees in the editorial departments of the Boston Daily
Record, Boston Evening American, and Boston Sunday Advertiser,
excluding executives, who were employed on March 12, 1938, and who
have not since quit or been discharged for cause, to determine whether
they desire to be represented by Newspaper Guild of Boston, or by
the American Federation of Newspaper Writers, Reporters & Edi-
torial Workers, Federal Local #21432, for the purposes of collective
bargaining, or by neither. .
The Board stated : "If a majority of the employees in the editorial
departments select the Newspaper Writers' Union, they will constitute
a separate bargaining unit. If the Boston Guild is accorded a ma-
jority by such employees and also by a majority of the employees in
the general plant unit, the employees in the editorial departments to-
gether with the other employees shall constitute a single bargaining
unit. If the Boston Guild is accorded a majority by the employees in
the editorial departments but not by the other employees, the em-
ployees in the editorial departments shall constitute a separate unit."
Pursuant to the Direction of Elections, elections by secret ballot
were conducted on August 12, 1938, by the Regional Director for the
First Region. Full opportunity was afforded all the parties to the
investigation to participate in the conduct of the secret ballots and
make challenges. On August 15, 1938, the Regional Director for the
First Region issued and, on August 16, 1938, duly served upon the
parties to the proceeding his Intermediate Report on the ballots. No
objections to the ballots or Intermediate Report have been filed by any
of the parties.
As to the results of the secret ballots, the Regional Director for the
First Region reported as follows :
Employees in general plant group :
Total number of employees eligible to vote______________________ 241
Total number of ballots cast___________________________________ 151
Total number of blank ballots__________________________________ 0
Total number of void ballots___________________________________ 0
Total number of challenged ballots_____________________________ 0
8 The Board stated that it would amend its Direction of Elections to delete the name
of the Stenographers ' Union from the ballot if the Stenographers ' Union notified the Re-
gional Director of such desire within ten (10 ) days from the date of the issuance of the
Decision and prior to the election . The Stenogiaphers '_ Union did not notify the Regional
Director that it desired to withdraw its name from the ballot.
DECISIONS AND ORDERS 29
Total number of ballots cast for Stenographers, Typists, Book-
keepers and Assistants Union, Local No. 14965 of Boston------ 22
Total number of ballots cast for Newspaper Guild of Boston------ 112
Total number of ballots cast for "neither"---------------------- 17
Employees in editorial departments :
Total number of employees eligible to vote---------------------- 185
Total number of ballots cast----------------------------------- 132
Total number of blank ballots ---------------------------------- 0
Total number of void ballots----------------------------------- 0
Total number of challenged ballots------------------------------ 0
Total number of ballots cast for American Federation of News-
paper Writers, Reporters & Editorial Workers, Federal Local
#21432----------------------------------------------------- 103
Total number of ballots cast for Newspaper Guild of Boston------ 28
Total number of ballots cast for "neither"----------------------- 1
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
1. We find that all the employees of the Company on the Boston
Daily Record, Boston Evening American, and Boston Sunday Adver-
tiser, excluding executives, employees in the editorial departments,
building service and maintenance employees, press clerks, paper han-
dlers, bootjacks, and excluding employees on behalf of whom the
following unions have bargained and secured contracts : Boston
Mailers Union No. 16, Boston Typographical Union No. 13, Interna-
tional Association of Machinists, Lodge No. 264, Truck Drivers,
Chauffeurs and Helpers Union, Local - No. 25, Boston Newspaper
Printing Pressmen's Union No. 3, Boston Photoengravers Union No.
3, Boston Stereotypers Union No. 2, Newspaper Chauffeurs, Distribu-
tors and Helpers, Local Union No. 259, and International Brother-
hood of Electrical Workers, Local No. 103, constitute a unit appro-
priate for the purposes of collective bargaining, and that said unit
will insure to the employees of the Company the full benefit of their
right to self-organization and collective bargaining and otherwise
effectuate the policies of the Act.
2. We find that the employees of the Company in the editorial
departments of the Boston Daily Record, Boston Evening American,
and Boston Sunday Advertiser, excluding executives, constitute a
unit appropriate for the purposes of collective bargaining, and that
said unit will insure to the employees of the Company the full benefit
.of their right to self-organization and collective bargaining and
otherwise effectuate the policies of the Act.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
30 NATIONAL LABOR RELATIONS BOARD
SUPPLEMENTAL CONCLusIONs OF LAW
1. The employees of the Company on the Boston Daily Record,
Boston Evening- American, and Boston Sunday Advertiser, exclud-
ing executives, employees in the editorial departments, building serv-
ice and maintenance employees, press clerks, paper handlers,
bootjacks, and excluding employees on behalf of whom the following
unions have -bargained and secured contracts : Boston Mailers Union_
No. T6, Boston Typographical Union No. 13, International Associa-
tion of Machinists, Lodge No. 264, Truck Drivers, Chauffeurs and
Helpers Union, Local No. 25, Boston Newspaper Printing Pressmen's
Union No. 3, Boston Photoengravers Union No. 3, Boston Stereo-
typers Union No. 2, Newspaper Chauffeurs, Distributors and Helpers,
Local Union No. 259, and International Brotherhood of Electrical
Workers, Local No. 103, 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 of the Company in the editorial departments of
the Boston Daily Record, Boston Evening American, and Boston
Sunday Advertiser, excluding executives, constitute a unit appropriate
for the purposes 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 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 Newspaper Guild of Boston has been
designated and selected by a majority of the employees of New Eng-
land Newspaper Publishing Company, on the Boston Daily Record,
Boston Evening American, and Boston Sunday Advertiser, excluding
executives , employees in the editorial departments, building service
and maintenance employees, press clerks, paper handlers, bootjacks,
and excluding employees on behalf of whom the following unions
have bargained and secured contracts : Boston Mailers Union No. 16,
Boston Typographical Union No. 13, International Association of
Machinists, Lodge No. 264, Truck Drivers, Chauffeurs and Helpers
Union, Local No. 25, Boston Newspaper Printing Pressmen's Union,
Local No. 3, Boston Photoengravers Union No. 3, Boston Stereotypers
Union No. 2, Newspaper Chauffeurs, Distributors and Helpers, Local
Union No. 259, and International Brotherhood of Electrical Workers,
Local No. 103, for the purposes of collective bargaining, and that, pur-
DECISIONS AND ORDERS 31
suant to the provisions of Section 9 (a) of the Act, Newspaper Guild
of Boston 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- American Federation of Newspaper
Writers, Reporters & Editorial Workers, Federal Local #21432, has
been designated and selected by a majority of the employees of New
England Newspaper Publishing Company in the editorial departments
of the Boston Daily Record, Boston Evening American, and Boston
Sunday Advertiser, excluding executives, and that, pursuant to Sec-
tion 9 (a) of the Act, the American Federation of Newspaper Writers,
Reporters & Editorial Workers, Federal Local #21432 is the exclusive
representative of all such employees for the purposes of collective
bargaining, in respect to rates of pay, wages, hours of employme^it,
and other conditions of employment.
MR. DONALD WAKEFIELD S1rITH took no part in the consideration
of the above Supplemental Decision and Certification of Representa-
tives.