Press Wireless, Inc.

National Labor Relations Board - Board Decisions

Dec 6, 1940

28 N.L.R.B. 348 (N.L.R.B. 1940)

In the Matter of PRESS WIRELESS, INC. and AMERICAN COMMUNICA-
TIONS ASSOCIATION
In the Matter of PRESS WIRELESS, INC. and THE INDEPENDENT
COMMUNICATIONS GUILD
Cases Nos. R-2142 and R-2143.-Decided December 6, 1940
Jurisdiction : news collecting and distributing industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord recognition to union; election necessary.
Unit Appropriate for Collective Bargaining : all employees of the Company at
its Long Island stations including point-to-point operators, newscast opera-
tors, coastal marine operators, shift operators, tuning operators, printer opera-
tors, traffic clerks, construction men, riggers, maintenance men, abstractors,
and janitors, but excluding supervisors, part-time supervisors, experimental
engineers, the secretary to the manager, the pay clerk, the switchboard
operator, the bookkeeper, and the draftsmen.
Mr. Joseph W. Chaplin, of Long Island, N. Y., and Mr. Philip D.
Zurian, of Hicksville, N. Y., for the Company.
Boudin, Cohn, and Glickstein, of New York City, by Mr. Irving
R. Feinberg, Mr. Oliver M. Salisbury, of New York City, and Mr.
H. B. Trautman, of New York City, for the A. C. A.
Mr. Boyd King, of Mineola, N. Y., Mr. A. LaVerne Lamb, of Great
Neck, N. Y., and Mr. LaVerne C. Walker, of Baldwin, N. Y., for the
I.C.G.
Mr. Edward Schewnemann, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 30, 1940, American Communications Association, herein
called the A. C. A., filed with the Regional Director for the Second
Region (New York City) a petition alleging that a question affecting
commerce had arisen concerning,the representation of employees of
Press Wireless, Inc., Long Island, N. Y., herein called the Company,
in its Little Neck plant and requesting an`investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act.
28 N. L. R. B., No. 60.
k 348
PRESS WIRELESS, INC. 349
On July 6, 1940, Independent Communications Guild, herein called
the I. C. G., filed with the Regional Director a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees in the Long Island division of the Company. On
October 14, 1940, the A. C. A. and the I. C. G. respectively amended
their petitions and requested an investigation and certification of
Iepresentatives of the employees in the '3 Long Island stations of the
Company.
On October 22, 1940, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Sections 3 and 10 (e) (2),'of National Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered an in-
vestigation, authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice, and further
ordered that the cases be consolidated for purposes of a hearing. On
October 24, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the parties. Pursuant to-the
notice and to notice of postponement, duly served, a hearing was held
on November 8, 1940, in New York City, before Mark Lauter, the
Trial Examiner duly designated by the Board. The Company, rep-
resented by its officials, the A. C. A. by counsel and by its officials, and
the I. C. G. by its officials, participated in the hearing and were af-.
forded full opportunity to be heard, to examine and cross- examine
witnesses, and to introduce evidence bearing on the issues. During the
course of the hearing the Trial Examiner made a number of 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
1. THE BUSINESS OF THE COMPANY
Press Wireless, Inc., a Delaware corporation with its principal offices
and places of business in Chicago, Illinois, and New York City,-is
engaged in the transmitting and receiving of press communications
by wireless between the United States, its possessions, and foreign
countries for the use of newspapers and press services. The Company
owns and operates radio receiving and transmitting stations at San
Francisco, California; Honolulu, T. H.; Little Neck, Long Island,
New York; Hicksville, Long Island, New York; and Baldwin, Long
Island, New York; and the Compania Teleradio, S. A., Havana, Cuba;
Imprensa Associada do Brazil, Rio de Janeiro, Brazil; and Philippine
Press Wireless, Inc., Manila, P. I. The present proceeding is eon-
350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cerned only with the Long Island stations of the Company. The
Company agrees that it is engaged in commerce at the three stations
here involved within the meaning of Section 2 (2) of the Act and
that it is subject to the jurisdiction of the Board. -
II. THE ORGANIZATIONS INVOLVED
American Communications Association is a labor organization affil-
iated with the Congress of Industrial Organizations. It admits to
membership employees of the Company.
Independent Communications Guild is an unaffiliated labor organi-
zation . It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that the A. C. A. and the I. C. G. each
claimed to represent a majority of the employees of the Company
in an appropriate unit and that the Company refused to recognize the
A. C. A. or the I. C. G. as exclusive bargaining agent for all employees
in such unit pending certification by the Board of one of the organiza-
tions as exclusive bargaining agent thereof.
There was introduced in evidence at the 'hearing a report prepared
by the Regional Director showing that the labor organizations involved
each represents a substantial number of employees in the unit
hereinafter found to be appropriate 1
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 described
in Section I above, has a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States and foreign
countries, and tends to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
'The Regional Director 's statement showed that the A. C. A. had submitted to her 24
authorization cards bearing the apparently genuine signatures of persons on the July 13,
1940, pay roll of the Company. Three of the cards were dated between November 10,
1938, and December 31, 1938; and 21 were dated between January 1, 1940, and May 1,
1940. The statement also showed that the I. C. G. had submitted a petition authorizing
it as bargaining agent dated May 3, 1940, and bearing 27 apparently genuine signatures
of persons whose names were on the July 13, 1940, pay roll of the Company. The
A. C- A. also submitted to the Trial Examiner 15 authorization cards bearing apparently
genuine signatures of persons on the July 13, 1940, pay roll and dated between May 3.
19J7 , and October 12, 1940.
PRESS WIRELESS , INC. " - < ' ; :" ,351
V. THE APPROPRIATE 'UNIT
The parties stipulated and we find that all the point-to-point
operators, newscast operators, coastal marine. operators, shift oper-
ators, tuning operators, printer operators, traffic clerks, construction
men, riggers, maintenance men, and janitors, at the Long Island
stations of the Company should be included in the appropriate unit
and that full-time supervisors 2 should be excluded therefrom. The
parties disagreed as to whether part-time supervisors, experimental
engineers , allegedly confidential employees, and the draftsmen should
be included in the unit.
The A. C. A. contends that part-time supervisors should be excluded
from the unit and the Company and the I. C. G. contend that they
should be included. The record shows that the part-time supervisors
have power to recommend hiring and discharging, receive higher, wages
than the other employees, and are in charge of their respective depart-
ments in the absence of the -manager. We find that part-time
supervisors should be excluded from the unit.
The A. C. A. contends, and the Company and the I. C. G., deny,
that the secretary to the manager, the pay clerk, the switchboard
operator, and the bookkeeper are confidential employees " and as such
should be excluded from the unit. These employees are engaged
primarily in office work, and their duties would appear to be confi-
' dential or semi-confidential in character. We find that they should
be excluded from the unit.-
In their petitions both the A..C; A., and the I. C. G., specifically
included abstractors within the requested unit. At the beginning of
the `hearing the parties stipulated that they were among the em-
ployees to be included. Although the A. C. A., thereafter contended
that the two persons employed as abstractors 5 were confidential em-
ployees. and should therefore be excluded, it did not offer convincing
evidence in support of its contention. We find that they should be
included in the unit.
The A. C. A. contends'that W. H. Linscott, an employee engaged
in mechanical work, should also be excluded from the unit on the
2 The parties disagreed as to whether W. A. Knight, chief operating technician at the
Little Neck station, is a full -time supervisor . The record shows that he has complete
supervisory authority over 5 employees at Little Neck, including power to recommend
hiring and discharging . We find that he falls within the category of full-time supervisors
3 The part -time supervisors employed on October 14, 1940, are S.' H. Simon and G. A.
Scott. The A. C. A. contended that L F. Seibert , who is designated as a point -to-point
operator , is also a part-time supervisor . The record shows that Seibert is relieving Scott
temporarily We find that he is not a part -time supervisor.
i The employees referred to who were employed on October 14, 1940 , are w. M. Erickson;
secretary to the manager , J. F. McGinley , pay clerk and switchboard operator , A. Fricke,
switchboard operator , and H. Fricke , bookkeeper.
6 The persons so employed on October 14, 1940 , were J J . Lynch, chief abstract clerk
and A N . Brast, assistant abstract clerk.
352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ground that he is the father-in-law of the manager. We find the
contention to be without merit and that Linscott should be included
in the unit.
In their petitions both the A. C. A. and the I. C. G. requested that
experimental engineers be excluded from the unit. At the hearing
the I. C. G. and the Company contended that they should be included
and the A. C. A. that they should be excluded. The experimental
engineers 6 are engaged in developing new techniques and in improv-
ing old ones. Their work is partly experimental and partly develop-
mental. They are not admitted to membership in the A. C. A. and
are not covered by any contract between that organization and em-
ployers whose business is similar to that of the Company. They were
not included in the unit covered by a proposed contract which the
I. C. G. presented to the Company in April 1939. We find that they
should be excluded from the unit.
The A. C. A. contends that C. Wilcken is an experimental engineer
or a confidential employee. He was employed as a draftsman on
October 14, 1940, working in close cooperation with the experimental
engineers. Since his duties are closely related to those of the office
employees and the experimental engineers, whom we have excluded,
we find that he also should be excluded.
We find that all the employees of the Company at its Long Island
stations including point-to-point operators, newscast operations,
coastal marine operators, shift operators, tuning operators, printer
operators, traffic clerks, construction men, riggers, maintenance men,
abstractors, and janitors, but excluding supervisors, part-time super-
visors, experimental engineers, the secretary to the manager, the pay
clerk, the switchboard operator, the bookkeeper, and the draftsman
constitute a unit appropriate for the purposes of collective bargain-
ing and that said unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining, and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning represen-
tation can best be resolved by, and we shall accordingly direct, an
election by secret ballot. The parties agreed at the hearing that
October 14, 1940, the date upon which the amended petitions were
filed, be used to determine eligibility to vote in the election. Since
such date is, reasonably current and its use will facilitate determina-
tion of questions of eligibility which may arise at the election, we
approve this agreement.
The employees referred to employed on October 14, 1940, were R. Sprague, E. 0. Fraim,
and A. Rustad. -
PRESS WIRELESS, INC. 353
The A. C. A. contends that one Hazelbaker, an employee who is on
military leave, should not be eligible to vote. The Company and the
I. C. G. contend that he should be eligible. Since he is on leave and
is. still, considered an -employee, we find that he is eligible to vote
in the election.
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 Press Wireless, Inc., Long Island, New
York, within the meaning of Section,9 (c) and Section 2 (6) and (7)
of the Act.
2. All the employees of the Company at its Long Island stations
including point-to-point operators, newscast operators, coastal marine
operators, shift operators, tuning operators, printer operators,
traffic clerks, construction men, riggers, maintenance men, ab-
stractors, and-janitors, but excluding supervisors, part-time super-
visors, experimental engineers, the secretary to the manager, the pay
clerk, the switchboard operator, the bookkeeper, and the draftsman,
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the 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 a part of the investigation ordered by the Board
to ascertain representatives for collective bargaining with Press
Wireless, Inc., at its Long Island stations 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 of Election under the direction
and supervision of the Regional Director for the Second Region act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 9, of said Rules and Regulations,
among all the employees of the Company at its Long Island stations
including point-to-point operators, newscast operators, coastal ma-
rine operators, shift operators, tuning operators, printer operators,
traffic clerks, construction men, riggers, maintenance men, abstractors
and janitors who were employed during the pay-roll period im-
mediately preceding October 14, 1940, including any employees who
'354 DECISIONS OF NATIONAL LABOR . RELATIONS BOARD
did not work during such period: because they were ill,' on' military
leave, or on vacation, and any who were. then or have since been
temporarily laid off, but excluding supervisors; part-time supervisors,
'experimental engineers, the secretary to'the manager, the pay clerk,
the switchboard operator, the bookkeeper, the draftsman, and any
employees(who have since quit or been discharged for cause to - de-
termine whether they desire to be represented 'by American Com-
munications Association, affiliated with the Congress of Industrial
Organizations, or by Independent Communications Guild, for the
purpose's of collective bargaining, or by neither.,
CHAIRMAN HARRY A. MiiuS took no, part in the 'consideration of
'the above ' ]^ecision and Direktion ' of Election. ' '