Cleveland Co.

National Labor Relations Board - Board DecisionsMar 30, 1940

22 N.L.R.B. 477 (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 SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES March 30, 1940 On January 15, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections 1 in the above-entitled proceedings, directing that separate elections be held among (a) employees in the commercial department and (b) employees in the editorial department employed by The Cleveland Company, Cleveland, Ohio. On February 23, 1940, the Board issued a Supplemental Decision 2 setting forth the results of the balloting, which resulted in the Guild's obtaining a majority in the editorial department but not in the commercial department. The Board, in its Supplemental Decision, said: "If the Guild, within ten (10) days after receipt of this Supplemental Decision requests that it be certi- fied as the representative of employees in the editorial department, and no cause to the contrary appearing, the Board will find that edi- torial employees constitute an appropriate unit and will certify the Guild as the representative of such employees. If not, the petition will be dismissed." On March 6, 1940, the Guild filed with the Board a request that it be certified as the representative of employees in the editorial department "without prejudice however to its right hereafter to petition the Board for certification as representative of the employees in the Editorial and Commercial Departments." Thereafter the Guild withdrew the clause above quoted and renewed its request for certification as the representative of employees in the editorial department. 1 19 N L R B 435 2 20 N L R B 798 22 N. L. R. B., No. 20. 477 478 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT We find that all employees in the editorial department employed by The Cleveland Company, Cleveland, Ohio, excluding the editor, the managing editor, and occasional contributors," constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will 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: SUPPLEMENTAL CONCLUSION OF LAW All employees in the editorial department employed by The Cleve- land Company, Cleveland Ohio, excluding the editor, managing edi- tor, and occasional contributors, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. CERTIFICATION OF REPRESENTAI IVES 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, and pursuant to Article III, Sections 8 and 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Cleveland Newspaper Guild has been designated and selected by a majority of the employees in the edito- rial department employed by The Cleveland Company, Cleveland, Ohio, excluding the editor, the managing editor, and occasional con- tributors, as their representative for the purposes of collective bar- gaining and that, pursuant to Section 9 (c) of the Act, Cleveland 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. 31n the Decision above referred to, we found that Marjory Strong, Edna Woolley, and Paul Young were in this category and excluded them from the unit.