Miami Daily News, Inc.

National Labor Relations Board - Board Decisions

Mar 13, 1946

66 N.L.R.B. 663 (N.L.R.B. 1946)

In the Matter of MIAMI DAILY NEWS, INC. and MIAMI MAILERS UNION
No. 69, AFFILIATED WITH INTERNATIONAL TYPOGRAPHICAL UNION and
MIAMI MAILERS UNION No. 74, AFFILIATED WITH INTERNATIONAL
MAILERS UNION OF NORTH AMERICA
Case No. 10-RE-15.-Decided March 13, 1946
Mr. Emett C. Choate, of Miami, Fla., for the Company.
Messrs. Vincent Harney and Allen J. Edwards, of Miami, Fla.,
for the I. T. U.
Mr. James E. Hayes, of Miami, Fla., for the I. M. U.
Mr. S. Roy Remar, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Miami Daily News, Inc., Miami,
Florida, herein called the Company , alleging that a question affecting
commerce had arisen concerning the representation of its employees,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before William M. Pate, Trial Examiner.
The hearing was held at Miami, Florida, on January 23 , 1946. The
Company, Miami Mailers Union No. 69, affiliated with International
Typographical Union, herein called the I. T. U., and Miami Mailers
Union , No. 74, affiliated with International Mailers Union of North
America, herein called the I . M. U., appeared and participated. All
parties were afforded full opportunity to be heard , to examine and
cross-examine witnesses , and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed . All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case , the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Miami Daily News, Inc., a Florida corporation, having its principal
place of business at Miami, Florida, is engaged in publishing, dis-
66 N. L . R. B., No. 90.
663
664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tributing, and selling a daily newspaper. During 1945, the Company
purchased raw materials consisting principally of newsprint of value
in excess of $250,000, 90 percent of which came from points outside
the State of Florida. During the same period, its sales were in
excess of $500,000, 5 percent of which was outside the State of
Florida.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Miami Mailers Union No. 69 is a labor organization affiliated with
the International Typographical Union, admitting to membership
employees of the Company.
Miami Mailers Union No. 74 is a labor organization affiliated
with the International Mailers Union of North America, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to either the I. M. U.
or the I. T. U. as the exclusive bargaining representative of its
employees until certified by the Board.
On March 1, 1944, the Company and the I. M. U. entered into a
closed-shop contract, ending November 30, 1945, covering employees
of the Company's mailing room. The contract provided for auto-
matic renewal from year to year thereafter, unless either party gave
notice of a desire to terminate at least sixty (60) days before the
expiration date. No notice of termination or request for modification
was made by either party before the renewal date. However, early
in November 1945, upon request by the I. M. U., the Company and
the I. M. U. commenced negotiations concerning wages and working
conditions. During the pendency of these negotiations, about 2 weeks
before November 30, 1945, the I. T. U. notified the Company of its
claim to represent a majority of the employees of the Company's
mailing room. The Company thereupon filed its petition herein.
The I. M. U. contends that inasmuch as no written notice had
been given by either party of a desire to terminate, the contract
was automatically renewed on December 1, 1945, and that, therefore,
the notice of the I. T. U. was untimely. Although the Board has
adhered to the principle that where an automatic renewal date is
specified in a contract, a rival claim to representation must be made
prior to such date, in order to remove the contract as a bar to a
representation proceeding,' such principle applies only where the
I Matter of Mill B, Inc., 40 N. L. R B. 346,
MIAMI DAILY NEWS, INC. 665
automatic renewal clause remains operative. Where, as here, the
Company and the contracting union voluntarily enter into negotia-
tions for substantial modifications of the contract subsequent to the
automatic renewal date, and thereby evince an intent to terminate,
a rival claimant is relieved of the duty it otherwise might have had
to present its representation claim prior to the automatic renewal
date.2 Accordingly, we find that the representation claim of the
I. T. U. was timely made, and that the contract is no bar to the
instant proceeding.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the I. T. U. represents a substantial number
of employees in the unit hereinafter found appropriate .3
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.
IV. THE APPROPRIATE UNIT
The Company and the I. T. U. agree upon a unit consisting of
all employees of the Company's mailing room, including the fore-
man and assistant foreman, but excluding casual workers. These
casual workers are employed on Saturday nights only. The I. M. U.
agrees generally to the unit, but contends that employees not only
of the Company, but those of the Miami Herald and the Miami
Beach Sun Tropics, should also be included.
The Company, the Miami Herald, and the Miami Sun Tropics
are all separately owned and operated. There is nothing in the
record to show any joint action by the three companies in their past
negotiations with the I. M. U.; the I. M. U. has bargained separately
and signed individual contracts with each of these newspapers .4 In
view of the foregoing, we are of the opinion that the employees of
the Company alone constitute a separate appropriate unit.
We find that all employees of the Company's mailing room, in-
cluding the foreman and assistant foreman,5 but excluding casual
employees, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
9 Matter of Empire Worsted Mills, 63 N. L. It. B. 1446.
3 The Field Examiner reported that the I. T. U. submitted 11 cards bearing the names
of employees listed on the Company's pay roll. There are approximately 11 employees
in the appropriate unit.
4 The 1 . M. U. currently represents the employees of the Miami Herald and the Miami
Sun Tropics under separate contracts.
• The inclusion of foremen and assistant foremen is in accord with their traditional
representation in the printing industry . Matter of W. F. Hall Printing Co, 51 N. L.
R. B. 640; Matter of Con P. Curran Printing Company, 57 N. L. R. B. 185.
666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among em-
ployees 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 Re-
lations 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 representa-
tives for the purposes of collective bargaining with Miami Daily
News, Inc., 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
Director for the Tenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III,
Sections 10 and 11, of said Rules and Regulations, among employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 tempo-
rarily 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 they desire to be represented by
Miami Mailers Union No. 69, affiliated with the International Typo-
graphical Union, or by Miami Mailers Union, No. 74, affiliated with
the International Mailers Union of North America, for the purposes
of collective bargaining, or by neither.