Cleveland Co.

National Labor Relations Board - Board Decisions

Feb 23, 1940

20 N.L.R.B. 798 (N.L.R.B. 1940)

In the Matter of CLEVELAND COMPANY, PUBLISHER OF THE CLEVELAND
NEWS and CLEVELAND NEWSPAPER GUILD, LOCAL 1, (C. I. 0.)
Case No. R-1605
Newspaper Publishing Industry-Supplemental Decision: certification of union
in unit other than that petitioned for if requested within 10 days from receipt of.
SUPPLEMENTAL DECISION
February 23, 1940
On January 15, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceeding.' The Direction of Elections provided
that separate elections by secret ballot be conducted as early as possi-
ble but not later than thirty (30) days from the date of the Direction
among (a) employees ,in the commercial department and (b) em-
ployees in the editorial' department employed by The Cleveland
Company, Cleveland, Ohio, during the pay-roll period immediately
preceding the, "date of the Direction, including employees who did
not work during such period because they were temporarily laid off,
ill, or on vacation, but excluding certain employees named in the
Direction and appendices thereto and employees who had since quit
or been discharged for cause, to determine 'whether or not they
desired to be represented by Cleveland Newspaper Guild for the
purposes of collective bargaining.
Pursuant to the Direction of Elections, elections by secret ballot
were conducted' on January 29, 1940, under the direction and super-
vision of the Regional Director for the Eighth Region (Cleveland,
Ohio). On January 30, 1940, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, issued and duly served
upon the parties an Election Report. No objections to the conduct
of the ballot or the Election Report have been filed by any of the
parties.
As to the balloting and its results, the Regional Director reported
as follows :
119 N. L. R. B. 435.
20 N. L. R. B., No. 74.
798
CLEVELAND COMPANY 799
(a) Commercial Department :
Total number of employees eligible------------------ 139
Total number of ballots cast-------------------------- 136
Total number of votes for Cleveland Newspaper Guild-- 40
Total number -of votes against Cleveland Newspaper
Guild---------------------------------------------- 96
Total number of blank ballots------------------------ 0
Total number of void vallots------------------------- 0
Total number of challenged ballots-------------------- 0
(b) Editorial Department:
Total number of employees eligible-------------------- 89
Total number of ballots cast-------------------------- 85
Total number of votes for Cleveland Newspaper Guild_- 66
Total number of votes against Cleveland - Newspaper
Guild------------- ---- ----------------------- 19
Total number of blank ballots------------------------ 0
Total number of void vallots------------------------- 0
Total number of challenged ballots-------------------- 0
In its Decision the Board stated that the determination of the
appropriate unit would in part depend upon the desires of the
employees as expressed in the -separate elections. The Board said:
"If both groups of employees participating in the elections choose the
Guild, they will together constitute a single bargaining unit. If
they do not, we shall dismiss the petition, inasmuch as no question
has arisen concerning the representation of employees in the editorial
department as such and since neither the Guild nor any other labor
organization seeks certification of representatives in any unit other
than the unit the Guild here claims to be appropriate."
The results of the elections show that the Guild has been desig-
nated and selected by a majority of the employees in the editorial
department but not by a majority of the employees in the commer-
cial department. If the Guild, within-ten (10) days after receipt of
this Supplemental Decision requests that it be certified as the rep-
resentative of employees in the editorial department, and no cause
to the contrary appearing, the Board will find that editorial em
ployees constitute an appropriate unit. and will certify the Guild as
the representative of such employees. If not, the petition will be
dismissed.
MR. WILLIAM M. LEISERSON, dissenting :
I dissented from that part of the Decision which ordered an
election among the editorial employees, on the ground that there
was no representation dispute among these employees. Since the
Board ordered an election among these employees, however, and the
Guild won the election, I think it is entitled to a certificate desig-
nating it as - the representative of the employees in the editorial
department.