Philadelphia Record Co.

National Labor Relations Board - Board DecisionsAug 15, 1941

34 N.L.R.B. 318 (N.L.R.B. 1941)

In the Matter Of PHILADELPHIA RECORD COMPANY and NEWSPAPER GUILD OF PHILADELPHIA AND CAMDEN Case No. B-2800.-Decided August 15, 1941 Investigation and Certification of Representatives : stipulation for Certification on consent comparison of records. Mr. Jerome I. Maeht, for the Board. Mr. Edward S. Weyl, of Philadelphia, Pa., for the Company. Mr. M. H. Goldstein, of Philadelphia, Pa., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On June 21, 1941, Newspaper Guild of Philadelphia and Camden, herein called the Union, filed with the Regional Director for the Fourth Region (Philadelphia, Pennsylvania) a petition alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Philadelphia Record Company, herein called the Com- pany; engaged in the publication of a daily and Sunday newspaper at Philadelphia, Pennsylvania, 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 July 15, 1941, 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 investigation and authorized the Regional Director to conduct it and to provide for an appropriate hear- ing upon due notice. On July 17, 1941, the Company, the Union, and the Regional Director entered into a. "STIPULATION FOR CER- TIFICATION ON CONSENT COMPARISON OF RECORDS." Pursuant to the Stipulation, a pay-roll check by comparison of membership records of the Union with the Company's pay roll of July 8, 1941, was made on July' 18, 1941, under the supervision of the Regional Director, to determine the number of masking artists of the Company who designated the Union as their bargaining agency. On 34 N. L. R. B., No. 53. 318 PHILADP L,PE CIA RECO 'RD COMPANY 319 July 18, 1941 , the Regional Director , acting pursuant to the Stipula- tion, issued and duly served upon the parties a Report on Consent Comparison of Records . No objections to said Report have been filed by any of the parties. In his Report the Regional Director reported that the comparison of the Union 's membership records with the pay roll of the Company showed five out of eight eligible employees authorized the Union to represent them as their representative for the purposes of collective bargaining. The parties stipulated that if, as a result of the comparison of records, the Regional Director should determine that the Union has been designated by a majority of the masking artists the Board shall then determine whether the masking artists should be combined in an appropriate unit consisting of employees covered by an existing contract between the Union and the Company, or whether the mask-' ing artists should constitute a separate appropriate unit. The Union desires to include, and the Company does not object to the inclusion of the masking artists in the unit with employees covered by said contract . We hereby find that the masking artists and the employees covered by the contract between the Union and the Company consti- tute a single appropriate unit. Upon the basis of the Stipulation , the Report on Consent Compari- son of Records, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Philadelphia Record Company, Phila- delphia, Pennsylvania, within the meaning of Section 9 ( c) and Sec- tion 2 (6) and (7) of the National Labor Relations Act. 2. All editorial , news, photographic, and art department employees, masking artists , classified advertising, national display advertising, local display advertising, detail and promotion department em- ployees, business department employees, telephone switchboard op- erators, and inside circulation department employees not coming under the jurisdiction of the Mailers' Union of the Company, exclud- ing executive officers of the Company, the editor, managing editor, as- sistant managing editor, city editor, sports editor, art director, adver- tising director , local display manager, national display manager, clas- sified manager, resort and travel manager, director of publicity, office manager of the promotion department, classified telephone room super- visor, business manager, assistant business manager, circulation di- rector, country circulation manager, assistant circulation manager, mail subscription manager, manager of the canvass department, and the comptroller , constitute a unit appropriate for the purposes of 320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. Newspaper Guild of Philadelphia and Camden has been desig- nated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bargaining, and is the exclusive representative of all the employees in said unit, with- in 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 La- bor Relations Board by Section 9 (c) of the National Labor Relations Act, IT IS HEREBY CERTIFIED that Newspaper Guild of Philadelphia and Camden has been designated and selected by a majority of all edi- torial, news, photographic, and art department employees, masking artists, classified advertising, national display advertising, local dis- play advertising, detail and promotion department employees, busi- ness department employees, telephone switchboard operators, and in- side circulation department employees not coming under the jurisdic- tion of the Mailers' Union of the Company, excluding executive offi- cers of the Company, the editor, managing editor, assistant managing editor, city editor, sports editor, art director, advertising director, local display manager, national display manager, classified manager, resort and travel manager, director of publicity, office manager of the promotion department, classified telephone room supervisor, busi- ness manager, assistant business manager, circulation director, coun- try circulation manager, assistant circulation manager, mail sub- scription manager, manager of the canvass department, and the comp- troller, as their representative for the purposes of collective bargain- ing, and that, pursuant to Section 9 (a) of the Act, Newspaper Guild of Philadelphia and Camden 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. MR. EDWIN S. SMITH took no part in the consideration of the above Decision and Certification of Representatives.