Hollywood Citizen-News

National Labor Relations Board - Board Decisions

Apr 16, 1946

67 N.L.R.B. 363 (N.L.R.B. 1946)

In the Matter of HOLLYWOOD CITIZEN-NEWS ( CITIZEN-NEWS COMPANY,
A CORPORATION ) and Los ANGELES NEWSPAPER GUILD, CIO
Case No..'1-R--3055.Decided April 16, 1,946
O'Melveny and Myers, by Mr. Deane F. Johnson, of Los Angeles,
Calif., for the Company.
Katz, Gallagher, and Margolis, by Mr. Milton S. Tyre, of Los
Angeles, Calif.; Messrs. J. G. Gladson and Robert Mellicoat, of Los
Angeles, Calif., for the Guild.
Miss Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Los Angeles Newspaper Guild, CIO,
-herein called the Guild, alleging that a question affecting commerce
had arisen concerning the representation of employees of Hollywood
Citizen-News (Citizen-News Company, a corporation), Hollywood,
California, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
.David Aaron, Trial Examiner. The hearing was held at Los Angeles,
California, on October 10, 1945. The Company and the Guild
appeared and participated. All parties were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing on the issues. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed. At the hearing, the Company moved to dismiss the Guild's
petition because of the inappropriateness of the unit sought. The
Trial Examiner referred the motion to the Board. For reasons stated
in Section IV, infra, the motion is denied. All parties were afforded
an opportunity to file briefs with the Board.
67 N. L R. B., No. 51.
363
364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case,' the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMP ANY
The Citizen-News Company, a California corporation, located in
Hollywood, California, is engaged in publishing a daily newspaper,
The Hollywood Citizen-News; a weekly newspaper circulating free,
The Advertizer; and is also engaged in commercial printing and in
the operation of a retail stationery store. The Hollywood Citizen-
News has a circulation of 29,000, and 2 percent of the total copies
printed is shipped outside the State of California. Both the Asso-
ciated Press and the United Press maintain teletype machines at the
Company's offices and about 15 percent of the reading matter in The
Hollywood Citizen-News is collected outside of California and trans-
mitted to the Company by these news services ; about 12 percent of the
reading material in this paper is furnished by numerous syndicated
services originating outside of California; about 121/2 percent of
the advertising revenue, which comprises about 51/2 percent of the
total revenue, is derived from sources outside the State. The news-
print is bought by the Company in British Columbia, Canada, at the
rate of 187 tons per month.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Los Angeles Newspaper Guild is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Guild as the
exclusive bargaining representative of certain of its employees until
the Guild has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Guild represents a substantial number of em-
ployees within the unit alleged to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
Subsequent to the hearing, the parties filed with the Boaid a stipulation , which they
agreed to incorporate into the record concerning certain positions in the circulation
division The stipulation is hereby made part of the record
2 The Field Examiner reported that the Guild submitted 21 membership applications
and that there are approximately 32 employees in the alleged appropriate unit.
HOLLYWOOD CITIZEN-NEWS
IV. THE APPROPRIATE UNIT
365
The Guild contends that the following unit is appropriate : all cir-
culation department employees of the Company, including circula-
tion office workers, district managers, and circulation agents, but ex-
cluding mailers ,3 newsboys,' the circulation manager, the circulation
director, and all other employees of the commercial department .5 In
the alternative, the Guild proposes a unit of all circulation agents
and district managers. The Company opposes the establishment of
either unit, contending that the only appropriate unit is the entire
commercial department. The Company stresses the pattern of organ-
ization in the newspaper industry to support its position.
The Company is divided generally into 3 major departments, fol-
lowing the practice in similar companies: the editorial, commercial,
and mechanical departments." The commercial department occupies
the first floor of the Company's building and all activities relating to
advertising, circulation, promotion, general office, and fiscal affairs
are carried on in the commercial department. The first floor, in gen-
eral, consists of 1 large room with partitions setting apart the offices
of executives, telephone operators, cashiers, auditors, and circulation
agents, and district managers. In the circulation division, there are
about 15 circulation agents, 9 district managers, 2 bookkeepers, 2 secre-
taries, 5 clerks, a messenger boy, and usually a spotter.7 The com-
mercial department has the additional job categories of cashier, dis-
play copy-desk man, statistician, display salesman, phone operator,
collector, and collection supervisor. All employees in the commercial
department are hired by the business manager after consultation with
the head of the particular division in which the man is to be employed.
Discharges throughout the whole department are affected by the same
procedure. Transfers from 1 division of the department to another
are possible if not frequent. Promotions within the commercial de-
partment are posted and are open to all employees regardless of the
division in which they work. Salary rates and hours worked by all
employees in the circulation division with the exception of circulation
agents do not differ from those in other divisions of the commercial
department. In addition, all employees within the commercial depart-
ment are covered by group life insurance and hospitalization service.8
'The Guild and the Company agree that mailers are not a part of the circulation
department,
4 The record does not reveal the department of which the newsboys are a part
5 As set forth later, the circulation department is a division within the commercial
department . Throughout the record , circulation is referred to as a department within
the commercial department . However, the Company , in its brief, states that circula-
tion is a division ; therefore, we shall hereafter , for the purpose of clarity, refer to
circulation as such
9 Since 1938 , the Guild, under written contracts with the Company, has bargained for
all employees in the editorial department
7 At the present time , this position is not filled
8 The record is not clear as to whether circulation agents are participants in the group
life insurance plan.
366 DECISIONS OF NA'1IONAL LABOR RELATIONS BOARD
From the categories listed above , it appears that there is little differ-
ence between the type of position offered in the circulation division
and the type found in other divisions of the commercial department.
As we have indicated on other occasions , the work of all employees
within the commercial department is highly interdependent and
coordinated.9
Circulation agents and district managers have the responsibility of
supervising the delivery of the Conrpauny 's newspapers to its sub-
scribers . They compute the number of newspapers needed daily in
their respective districts , submitting this report to the circulation
division; they deliver the papers to the homes of the newsboys or
some other convenient delivery point , and supervise the collection of
money. They inform carriers of changes in subscriptions , and, in
general, perform all duties necessary to insure efficient distribution.
Because of the nature of their work, they spend a large percent of
their time outside the newspaper office and they work longer hours
than other employees of the Company . The circulation agents buy
outright all papers sold by them and assume all risks regarding
collection of money . They receive no salary but are compensated
by the amount by which their collect ; ons exceed expenses . The dis-
trict managers , in contrast , do not assume financial risks and are paid
a weekly salary by the Company. In all other instances , the duties
and responsibilities of agents and managers are the same.
Both circulation agents and district managers exercise considerable
control over the work of newsboys in their respective districts. In the
ordinary course of their business, they have the authority and power
to hire and fire newsboys. This authority is subject to review by
management and occasionally management exercises this right. While
we are cognizant of the fact that the organization in the newspaper
industry has tended to be along departmental lines , following the
three major departments of a newspaper office, under similar circum-
stances we have found a smaller unit of supervisory employees to be
appropriate . 10 In view of the fact that agents anti managers in the
instant proceeding possess supervisory powers over newsboys, they
would necessarily be placed in a unit separate from other employees,
if they are to be represented .' Therefore , we are of the opinion
that circulation agents and district managers may properly constitute
a separate unit.
We find that circulation agents and district managers in the cir-
culation division of the Company constitute a unit appropriate for
°Matter of Triangle Publications, Inc, 45 N . L R B 408, and "tatter of News Syndi-
cate Company, Inc , 4 N. L. R. B. 1071.
10 Matter of Seattle Times Company , 47 N L R B 8
11 Matter of Packard Motor Car Company . 61 N L R, B 4 hatter of T. A Young Soling
Ware Corporation, 65 N. L . R. B 298, and Matter of Jonee & Laughlin Steel Corporation,
66 N. L. R B. 386
HOLLYWOOD CITIZEN-NEWS 367
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
1 THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
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, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Hollywood
Citizen-News (Citizen-News Company, a corporation), Hollywood,
California, an election by secret ballot shall be conducted as early as
possible, but not later than thirty (30) days from the date of this
Direction, under the direction and supervision of the Regional Direc-
tor for the Twenty-first Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, of said Rules and Regulations , among employees in
the unit found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction, including employees who did not work during said pay-
roll period because they were ill or on vacation or temporarily laid
off, and including employees in the armed forces of the United States
who present themselves in person at the polls, but excluding those
employees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to
determine whether or not they desire to be represented by Los An-
geles Newspaper Guild, affiliated with the CIO, for the purposes of
collective bargaining.
MR. GERARD D. REILLY, dissenting :
It seems to be reasonably certain, and the majority finds, that the
employees involved here have genuine supervisory authority. There-
fore, I am constrained to dissent in this case for the reasons set forth
in my dissenting opinions in Matter of Packard Motor Car Com-
pany 12 and Matter of Jones { Laughlin Steel Coppopation.13
61 N I. It B 4
3 66 N L R B 386