Globe Newspaper Co.

National Labor Relations Board - Board Decisions

May 16, 1941

31 N.L.R.B. 916 (N.L.R.B. 1941)

In the Matter of GLOBE NEWSPAPER COMPANY and NEWSPAPER GUILD
OF. BOSTON
Case No. R-2288.-Decided May 16, 1941
Jurisdiction : newspaper publishing indtistry.
Investigation and Certification of Representatives : existence of question: Coin-
pany contends unit previously determined by Board is appropriate and will not
recognize petitioner as representative of smaller unit; election necessary
Unit Appropriate for Collective Bargaining : unit as found appropriate in a
prior proceeding consisting of editorial, maintenance and commercial employees,
and composing room boys and helpers held appropriate.
Mr. Francis T. Leahy, of Boston, Mass., for the Company.
Mr. Abraham J. Isserrnan, of Newark, N. J'., for the Guild.
Mr. Richard C. Evarts, of Boston, Mass., for the Association.
Mr. Norman M. Neel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION'
STATEMENT OF THE CASE
On October 11, 1940, Newspaper Guild of Boston, herein called the
Guild, filed with the Regional Director for the First Region (Boston,
Massachusetts), a petition alleging that a question affecting commerce
had arisen concerning the representation of employees of Globe News-
paper Company, Boston, Massachusetts, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On November 30, 1940, 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 2, as amended, ordered an in-
vestigation and directed the Regional Director to conduct it and to
provide for an appropriate hearing on due notice.
On January 4, 1941, the Regional Director issued a notice of
hearing, and on January 10 and 20, 1941, notices of postponement of
hearing, copies of which were duly served upon the Company and
the Guild.. Pursuar}t to notice a hearing was held on February 3
31 N. L. R. B., 154.
916
J
GLOBE NEWSPAPER COMPANY 917
and 4,' 1941 , at Boston , Massachusetts , before Albert J. Hoban, the
Trial Examiner duly designated by the Chief Trial Examiner. At
the outset of the hearing , Boston Globe Employees Association , herein
called the Association, claiming to represent employees directly af-
fected by the investigation, submitted a motion to intervene in the
proceeding. The motion was granted by the Trial Examiner. The
Company, the Guild, and the Association were represented by counsel
and participated in the hearing . Full opportunity to be heard, to
examine and cross-examine witnesses , and to introduce evidence bear-
ing on the issues was afforded all parties . During the course of the
hearing the Trial Examiner made several rulings on motions and on
objections to the admission of evidence . The Board- has reviewed
the rulings of the Trial Examiner and finds that no prejudicial errors
were committed. , The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Globe Newspaper Company is a Massachusetts corporation engaged
in the publication , distribution , and sale of daily and Sunday news-
papers at Boston, Massachusetts . For the 6 months ending Sep-
tember 30, 1940, the Company's net paid average daily circulation
was 292,545 of which approximately 13 per cent constituted distribu-
tion outside the Commonwealth of Massachusetts . During the same
period, the Company's net paid average Sunday circulation was
304,414, of which approximately 17 per cent constituted distribution
outside the Commonwealth of Massachusetts . A substantial portion
of the paper , newsprint , machinery , news advertisements , photo-
graphs, comic strips, cartoons „ periodicals , magazines , serial stories,
and financial news used by the Company is received from sources
outside the Commonwealth . The Company maintains a news collec-
tion office in Washington, D. C., and sales and advertising agencies
in several cities throughout the country. The Company employs a
basic number of 960 employees. It concedes the jurisdiction of the
Board.
II. THE ORGANIZATIONS INVOLVED
Newspaper Guild of Boston is a labor organization chartered by
the American Newspaper Guild, affiliated with the Congress of In-
dustrial Organizations . It admits to membership employees of the
Company.
Boston Globe Employees Association is an unaffiliated labor or-
ganization «;hich admits to membership employees of the Company.,.
918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
Since November 7, 1939, the Guild has on numerous occasions re-
quested the 'Company to negotiate with it as representative of edito-
rial and maintenance employees. The Company has refused on the
ground that in a previous representation case involving the Guild
and the Company 1 the Board found the appropriate unit to consist
of editorial, maintenance, and commercial employees, and composing-
room boys and helpers, as the Guild contended, and since the Guild
was not shown by the results of the election in that case to represent
a majority in the unit determined, the Company could not recognize
or bargain with the Guild as representative of the employees in the
proposed unit.
At the hearing there was introduced in evidence a statement of
the Regional Director showing substantial designations of the Guild
and the Association.2
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in'connection with the operations of the Company
Matter of Globe Newspaper Company and Newspaper Guild of Boston, 15 N. L. R. B.
953, decided October 7, 1939, herein called the prior proceeding The record in the prior
pi oceedmg, with ' he exception of the arguments and contentions of the parties, was incor-
porated into the record in the instant case i
2 There was subnitted to the Regional Director an undated petition authorizing the Guild
to represent the signatories thereto It contained 151 signatures appearing to be genuine
and original, 146 of which were the names of persons on the Company's pay roll of Decem-
ber 27, 1940, classified as editorial, photographers, artists, maintenance (excluding em-
ployees repiesentcd by the A F of L ), and miscellaneous. A total of 228 persons are in
the enumerated cl irsifications on such pay roll. In addition, the Guild submitted five other
petitions containing five signatures, four of which appear to be genuine and original and
belong to persons whose names are on the Company's December 27, 1940, pay roll.
The Association, in support of its claim to represent 170 employees in a unit composed
of all employees in the editorial department (including artists and photographers), the
business, or commercial department, the building maintenance department (excluding em-
plolees iepiesented by the A F. of L ) and miscellaneous employees in the composing room
not apprenticed or "earmarked" for apprenticeship in the Typographical Union, submitted
to the Regional Director 154 undated application cards, the signatures to which appeared
to be genuine and original Of these, 150 were signatures of persons whose names were on
the Company's December 27, 1940, pay roll in the classifications above listed, there being
a total of 371 names so classified Thirty-seven signatures on Association cards, appearing
to be genuine and oiigmal, are the names of persons on the Company's December 27, 1940,
pay roll within the unit claimed to be appropriate by the Guild. ,
In addition, the Association submitted to the Regional Director a "Proposal for the Or-
ganization of the Boston Globe Employees Association" to which were affixed 89 signatures,
appearing to be the genuine and original signatures of persons listed on the Company's
December 27, 1940, pay roll in the classifications above named. All except five of these
were duplicates of signatures on Association cards.
The name of one employee appeared on both the petition submitted by the Guild and an
Association card.
GLOBE NEWSPAPER COMPANY 919
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce'
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Guild requests a unit composed of editorial employees (includ-
ing artists and photographers) and building-maintenance employees.
The Association would include, in addition to those requested by the
Guild, 'commercial employees and certain miscellaneous composing-
room employees-the unit which, in the prior proceeding, was re-
quested by the Guild and found appropriate by the Board.
The Guild admits that the "optimum" unit is that determined
by the Board in the prior proceeding, but contends that the editorial
and maintenance departments alone are also a functionally coherent
group, and that the efficacy of such a unit has been established by
the history of collective bargaining. It further argues that its state
of organization 3 and the presence now of an organization which
seeks to represent commercial employees, are factors justifying the
reversal of its position.
Prior to June 1937, the jurisdiction of the Guild was limited by
its constitution to editorial employees. Upon this, basis, the Guild
negotiated a contract with the Company early in 1937. At a con-
vention in June 1937, the American Newspaper Guild voted to extend
its jurisdiction to include employees in the commercial department
and' other allied groups who did not fall within established craft
jurisdictions. Before it had organized to the full extent of its juris-
diction, the Guild, on May 4, 1938, executed an exclusive bargaining
contract with the Company for a term of 1'year; covering the edi-
torial department (including- artists and photographers) and the
building-maintenance department. Early in 1939, the Guild began
negotiating with other newspapers in Boston for contracts covering
broader units including employees in the various newspapers' com-
mercial departments. In accordance with this policy, the Guild
communicated with the Company at that time, announcing that it
was ready to bargain for a new contract to supplement its 1939
contract expiring on May 4, 1939, and advising the Company that
for this purpose it represented the commercial employees (advertis-
ing, circulation, and business) as well as the editorial and main-
tenance employees. The Company conceded the Guild's right to
bargain for the editorial and maintenance departments but demanded
a Having been unsuccessful in its efforts to organize the commercial employees , the Guild
abandoned such attempts.
920 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
proof of a majority in the commercial department. The Guild filed
a petition for investigation and certification of representatives. As
hereinbefore noted the Board found the unit requested by the Guild
to be appropriate and the Guild lost the election. Accordingly, the
Guild abandoned its attempt to organize the commercial employees,
and now desires to return to the unit covered by its second contract
with the Company.
The Association, however, has organized upon the basis of, and
seeks to represent, the unit which the Board found appropriate in
the prior proceeding. There is ample precedent throughout the
industry for joint bargaining on behalf of commercial and editorial
employees, as we pointed out in the prior proceeding. All the parties,
including the Guild,4 agree that the most efficacious bargaining unit
and the one ultimately desired, is that unit already determined to
be appropriate by, the Board. Under- the circumstances, we are of
the opinion that the unit found in the prior proceeding is appropriate.
The Association would include 14 miscellaneous composing-room
boys and helpers who are not members of the International Typo-
graphical Union and are not "earmarked for apprenticeship" in
that union since it has no jurisdiction over them. The Guild, on the,
other hand, would exclude them from the unit which it presently
contends is appropriate. In accordance with our decision in the
prior proceeding, since ' the International Typographical Union has
not provided for their representation, we shall include them in the
unit.
The parties agreed upon the exclusion, by name, of certain executive
and part-time employees, members of craft unions affiliated with the
American Federation of Labor, and a watchman. We are of the
opinion that these persons, listed on Board Exhibits 10 A, B, C, and
D, should be excluded from the unit.
We find that all employees of the Company on the Editorial pay
rolls (including artists and photographers), the Miscellaneous pay
roll,s the Business Office (or commercial), and Maintenance pay rolls,
and those persons on the Miscellaneous Composing Room pay roll who
are not members of the International Typographical Union and are
not "earmarked for apprenticeship" in that union, but excluding
the executive and part-time employees, members of craft unions affili-
ated with the American Federation of Labor, and the watchman, who
are listed on Board Exhibits 10 A, B, C, and D, constitute a unit
'In its brief the Guild admitted that "under ideal circumstances the appropriate unit
would be a unit co-extensive with the Guild jurisdiction."
B Two employees, John C. Beale and Philip E. Horne, Inadvertently omitted from this pay
roll, will be included therein.
6 It was agreed by the parties that all persons whose names appeared on the Miscellaneous
pay roll were editorial employees.
GLOBE NEWSPAPER COMPANY 921
appropriate for the purposes of collective bargaining and that such
unit will insure to the employees of the Company the full benefit of
their right to self-organization and collective bargaining and other-
wise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question 'concerning representation of employees
of the Company can best be resolved by, and we shall accordingly
direct, an election by secret ballot. We shall direct that all the em-
ployees in the appropriate unit whose names appear on the Company's
pay rolls for the pay-roll period immediately preceding our Direction
of Election, subject to such limitations and additions as are set forth
in the Direction, shall be eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Globe Newspaper Company, Boston, Massa-
chusetts, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All the employees of the Company on the Editorial pay roll (in-
cluding artists and photographers), Miscellaneous pay roll (Edi-
torial), Business Office (or commercial), and Maintenance pay rolls,
and, those persons on the Miscellaneous Composing Room pay roll
who are not members of the International Typographical Union and
are not "earmarked for apprenticeship" in that union, but excluding
the executive and part-time employees, members of craft unions affili-
ated with the American Federation of Labor, and the watchman, who
are listed on Board Exhibits 10 A, B, C, and D, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the National Labor Relations Act.
DIRECTION OF ELECTION
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 , Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, -
IT IS HEREBY DIRECTED that as part of the investigation authorized
by the Board to ascertain representatives - for collective bargaining
with Globe Newspaper Company, Boston, Massachusetts , an election
by secret ballot shall be conducted as early as possible but not later than
922 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
thirty, (30) days from the date of this Direction, under the direction
and supervision of the Regional Director for the First Region, acting
in this matter as agent of the National Labor Relations Board, and
subject to Article III, Section 9, of said Rules and Regulations, among
all employees on the Editorial pay roll (including artists and pho-
tographers), Miscellaneous pay roll (Editorial), Business Office (or
commercial) and Maintenance payrolls of the Company and those
persons on the Miscellaneous Composing Room pay roll who are not
members of the International Typographical Union and are not "ear-
marked for apprenticeship" in that union, who were employed by the
Company during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during such
,pay-roll period because they were ill or on vacation or in the active
military service or training of the United, States, or temporarily laid
off, but excluding the executive and part-time- employees, members of
craft unions affiliated with the American Federation of Labor, ari'd
the -watchman, who are listed on Board Exhibits 10 Al B, C, and D,
and' all persons who have since quit or been discharged for cause, to
determine whether they desire to be represented by Newspaper Guild
of Boston or Boston Globe Employees Association for the purposes
of collective bargaining, or by neither.
MR. ` ar. Al. LEISERSON, dissenting:
I cannot agree with the decision in this case. In my opinion the
majority of the Board in the previous case was -wrong in merging the
commercial, editorial, and maintenance employees into a single unit.'
In the present proceeding I would, therefore, find appropriate a unit
of editorial and maintenance employees. It does not seem reasonable
to me to deny to the editorial and maintenance employees of the Globe
Company the right enjoyed by similar workers on other newspapers
to bargain collectively simply because their representatives mistakenly
or misguidedly asked the Board in a previous case to set aside their
bargaining unit and to merge it with other employees who did not
desire to be represented by the Guild.
i See my dissenting opinion in Matter of Globe Newspaper Company and Newspaper Guild
o/ Boston, 15 N L. R B 953
8 In the following cases the Board has found appropiiate units composed of editorial
employees alone or of editorial and maintenance employees Matter of Cleveland Company,
Publisher of The Cleveland News and Cleveland Newspaper Guild, Local 1 (C. 1 0 ), 19
N. L. It. B . 435; Matter of Milwaukee Publishing Company and Milwaukee Newspaper
Guild ( C. 1 0 ), 10 N L R B. 389; Matter of Boston Daily Record ( New England News-
paper Publishsng Co ) and Newspaper Guild of Boston ( American Newspaper Guild), 8
N. L R B . 694; Matter of Weekly Publications, Inc. and Newspaper Guild of New York,
8 N. L. R B. 76; Matter of United Press Associations and American Newspaper Guild,
3 N. L. It . B 344; Matter of The Associated Press, a Corporation and American Newspaper
Guild, 1 N L R B. 686.