News Syndicate Co., Inc.

National Labor Relations Board - Board Decisions

Jan 19, 1938

4 N.L.R.B. 1071 (N.L.R.B. 1938)

In the Matter of NEWS SYNDICATE Co., INC. and NEWSPAPER GUILD
OF NEW YORK
Case No. R-424.-Decided January 19, 1938
Newspaper Industry-Investigation of Representatives : controversy concern-
ing representation of employees : employer desires certification by Board of
bargaining representative before entering into any negotiations-Unit .Appro-
priate for Collective Bargaining : no controversy as to, except as to inclusion
of advertising salesmen in ; community of interests-Representatives : proof of
choice : membership applications ; petition requesting employer to negotiate with
union for a contract covering employees ; comparison of petition and applica-
tions with pay roll-Certification of Representatives : upon proof of majority
representation.
Mr. Will Maslow, for the Board.
Mr. George T. Townley, of New York City, and Mr. J. Howard
Carter, of New York City, for the Company.
Mr. Abraham Isserman, of Newark, N. J., and Mr. Joseph Good-
win, of New York City, for the Union.
Mr. B. 0. Sullivan, of New York City, for the Advertising Sales-
men.
Mr. Daniel J. Harrington, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On October 6, 1937, Newspaper Guild of New, York, herein called
the Union, filed with the Regional Director for the Second Region
(New York City) a petition alleging that a question affecting coin-
merce had arisen concerning the representation of employees of News
Syndicate Company, Inc., New York City, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On October 26, 1937, 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 1, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due
notice.
1071
1072 NATIONAL LABOR RELATIONS BOARD
On November 17, 1937, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the Union, and upon B. O. Sullivan, a representative of a group of
advertising salesmen, herein called the Advertising Salesmen, who
claim to be employees directly affected by the investigation. Pur-
suant to the notice, a hearing was held on November 26 and 27, 1937,
at New York-City, before Emanuel Bloch, the Trial Examiner duly
designated by the Board. The Board, the Company, and the Union,
were represented by counsel, and the Advertising 'Salesmen were
represented by B. O. Sullivan and participated in the hearing. Full
opportunity to be heard, to examine and to cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
News Syndicate Co., Inc., a New York corporation, having its office
in New York City, is the owner and publisher of a daily and a Sunday
newspaper known respectively, as the "Daily News" and the "Sunday
News".
The Company maintains a branch office in Chicago, Illinois, for
the solicitation of advertising, and maintains a news office in Wash-
ington, D. C.
Approximately 84 per cent of the raw materials used in the publi-
cation of the "Daily News" and the "Sunday News", such as paper,
ink, and machinery, are shipped to the Company from points outside
the State of New York. Approximately 50 per cent of the "Sunday
News" and 15 per cent of the "Daily News" are circulated outside the
State of New York. Approximately four per cent of the advertising
published in the Daily and Sunday News is solicited by advertising
solicitors having offices outside the State of New York.
Some 250 correspondents at various times furnish news items to the
Company on a free lance, space-rate basis. Many of these corre-
spondents reside outside the State of New York. The Company uses
the following wire or picture services : Associated Press, A. P. Photos,
Wire Photos, United Press, Acme News Pictures, Chicago Tribune
Foreign Service, Standard News Association. These services,
through their offices in New York City, sell to the Company news, and
photographs which are gathered from points within and without the
State of New York.'
'The above facts relative to the business of the Company were stipulated to by the
Company, counsel for the Board , and counsel for the Union.
DECISIONS AND ORDERS
II. THE ORGANIZATION INVOLVED
1073
. Newspaper Guild of New York, is a labor organization affiliated
with the American Newspaper Guild, admitting to its membership
"any person gainfully employed in and devoting the major part of
his time to an editorial, business, circulation, promotion, or advertising
department or allied groups of employees of a news publication." 2
The American Newspaper Guild is affiliated with the Committee for
Industrial Organization.
III. THE QUESTION CONCERNING REPRESENTATION
About September 30, 1937, the Union sent to the Company a peti-
tion, signed by a majority of the employees in the commercial depart-
ments of the Company, asking the Company to negotiate with the
Union for a contract covering such employees. The record does not
show that the Company replied to the petition, but indicates that
the Company has at all times desired certification by the Board of
bargaining representatives before entering into any negotiations.
In a letter of October 14, 1937, to the Regional Director of the Second
Region, 47 out of the 51 advertising salesmen within the commercial
departments stated that they did not desire to be represented by the
Union.
- We find that a question has arisen concerning 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
described in Section 1 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 Union alleges in its petition that "all employees in the com-
mercial department of the Daily News,, embracing employees en-
gaged in advertising, circulation, promotion, and general business
work, excluding executives" constitute a unit appropriate for the pur-
2 The quoted words are taken from the Constitution of the American Newspaper
Guild. The record shows that the same classification of employees are eligible to mem-
bership in the Newspaper Guild of New York.
3 The stipulations between the various parties and the testimony at the hearing show
that the Union intended to refer to all employees in the "Commercial departments of the
Company" and not merely to a department of the "Daily News."
1074 NATIONAL LABOR RELATIONS BOARD
poses of collective bargaining . The Company and the Union stipu-
lated 4 at the hearing that they desired exclusion of "major executives,
garage employees ( except clerks ); building guards , firemen ( Brook-
lyn plant ), rotogravure inkmen, rotogravure engraving helper, traffic
manager, and machinist helper" from the bargaining unit. The Union
also asked at the hearing that employees in the editorial and me-
chanical departments be excluded from such unit . The Company
raised no objection to the exclusion of these employees . Although the
Union feels that editorial workers should ordinarily be included within
the bargaining unit, it does not insist upon inclusion of such workers
in the unit at this time in view of an existing contract between the
Company and the editorial workers. Under the circumstances, the
editorial workers will not be included within the bargaining unit
at this time . No determination is here made concerning inclusion of
such workers in the unit apart from the present special circum-
stances.
The only issue with respect to the bargaining unit which was raised
at the hearing concerned the advertising salesmen. Such employees
of the Company, numbering 51, are of three types: those soliciting
national advertising ; those soliciting retail advertising ; and those
soliciting classified display advertising . Forty-seven of such em-
ployees have objected to their inclusion within the bargaining unit.
They contend that because of a number of considerations their inter-
ests differ from those of the other employees. They point out that
the duties of advertising salesmen are ' specialized and require such
a knowledge of advertising and salesmanship that other employees
could not perform their work . Many of the advertising salesmen
have taken special courses and others have served long periods of
apprenticeship . The advertising salesmen place emphasis upon the
fact that due to the peculiarity of the make -up, the size of the paper,
and the large circulation of "The News, " the advertising salesmen
of the Company must have greater technical knowledge than adver-
tising salesmen working on most other newspapers . The advertising
salesmen also point out that they differ from the other employees in
that they spend a considerable period of time each day away from
the offices of the Company . They normally spend about two or three
hours each morning at the office , then go out to solicit business, and
return to the office late - in the afternoon . The average weekly pay
of the advertising salesmen is higher than that of most of the other
employees and in addition they receive a bonus based at present upon
the collective gain in the advertising revenue of all salesmen.
The Union seeks inclusion of the advertising salesmen within the
bargaining unit. It emphasizes particularly the inter -relation of the
4 Board's Exhibit No. 10.
DECISIONS AND ORDERS 1075
work of the advertising salesmen and that of the other employees in
the advertising department and the employees in the commercial de-
partments of the Company . The Company employs in the advertis-
ing department , in addition to the advertising salesmen, approxi-
mately 43 office workers, 13 merchandising men, and 13 workers in
the publicity section, including a number of research employees, pro-
duction employees , and copywriters . The merchandising men coin-
municate with retail stores and outline details with respect to ad-
vertising campaigns . The research employees compile statistical
data required in selling advertising space, spot retail outlets on maps,
and answer requests of advertisers for statistical information about
advertising . The copywriters at times edit letters of the advertising
salesmen and assist the salesmen with their selling problems. The
advertising salesmen check daily with employees in the publication
department with respect to advertising orders, future advertising
schedules , and the position of advertising copy. Circulation figures
furnished by the employees in the promotion department are inter-
preted by the advertising , salesmen.
Notwithstanding certain differences between the advertising sales-
men and other commercial employees of the Company , we feel that
the interests of the advertising salesmen are closely related to those
of such other employees and,that the advertising salesmen should be
included within the bargaining unit.
We find that all the employees within the commercial departments
of the Company, excluding editorial employees, mechanical employ-
ees, major executives , garage employees except clerks, building
guards, firemen ( Brooklyn plant ), rotogravure inkinen, rotogravure
engraving helpers, traffic manager, and machine helper , 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 effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
A pay roll of the Company showing the names of 522 employees
within the appropriate unit was introduced in evidence at the hearing.
All parties agreed that 522 employees should be considered as the num-
ber of employees within the unit which we have found to be appro-
priate. The Union introduced in evidence 311 applications, dated
May and June, 1937 , for membership in the Newspaper Office Guild
of New York. In June 1937 , the American Newspaper Guild, of
which the Union is an affiliate, extended its jurisdiction to employees
in the commercial departments of the Company and the Newspaper
Office Guild of New York merged with the American Newspaper Guild
1076 NATIONAL LABOR RELATIONS BOARD
and became a part of the Newspaper Guild of New York. The Execu-
tive Secretary of the Union testified that the persons whose names ap-
pear on the applications submitted in evidence are now members of
the Union and have received membership cards. Two hundred and
seventy-seven or 280 of the names on the application cards also appear
on the Company's pay roll which was introduced in evidence. The
Union also introduced in evidence a petition signed during September
1937, by 303 employees in the commercial departments of the Company,
requesting the Company to negotiate with the Union for a contract
covering. such employees. Two hundred and.sixty-nine names on
the petition are also on the Company's pay roll above mentioned. Ten
of the names appearing on the petition are not sufficiently legible to
allow comparison with names on the pay roll. The Company made
no objection to the admission in evidence of the petition and applica-
tion cards, or to the genuineness of the signatures appearing thereon.
We find that the Union has been designated and selected by a
majority of the employees in the appropriate unit as their repre-
sentative for the purposes of collective bargaining. It is, therefore,
the exclusive representative of all the employees in such unit for the
purposes of collective bargaining, and we will so certify.
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 News Syndicate Co., Inc., New York City,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
2. The commercial employees of the Company, excluding editorial
employees, mechanical employees, major executives, garage employees
except clerks, building guards, firemen (Brooklyn plant), rotogravure
inkmen, rotogravure engraving helpers, traffic manager, and machin-
ist helper, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
3. Newspaper Guild of New York is the exclusive representative of
all the employees in such unit for the purposes of collective bargaining,
within the meaning of Section 9 (a) of the National Labor Relations
Act.
CERTIFICATION OF REPRESENTATIVES
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 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
DECISIONS AND ORDERS 1077
IT IS HEREBY CERTIFIED that Newspaper Guild of New York has
been designated and selected by a majority of the commercial em-
ployees of News Syndicate Co., Inc., New York City, excluding edi-
torial employees, mechanical employees, major executives, garage em-
ployees except clerks, building guards, firemen (Brooklyn plant),
rotogravure inkmen, rotogravure engraving helpers, traffic manager,
and machinist helper, as their representative for the purposes of col-
lective bagaining and that, pursuant to the provisions of Section 9 (a)
of the Act, Newspaper Guild of New York is the exclusive representa-
tive of all such employees for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other condi-
tions of employment.