Pulitzer Publishing Co.

National Labor Relations Board - Board DecisionsOct 20, 1953

106 N.L.R.B. 1267 (N.L.R.B. 1953)

PULITZER PUBLISHING COMPANY 1267 ployer refused to recognize Petitioner and its new Local 1269 as the certified bargaining representative. In its brief the Employer alleges, inter alia, that the Intervenor is still in existence and that it is still dealing with the Intervenor as the representative of the employees in the production and main- tenance unit. The Intervenor alleges that it has a full comple- ment of officers and directors and is carrying on at present its representative duties under its constitution and bylaws and in accordance with its outstanding agreement with the Employer. It is clear from the foregoing that the allegations contained in the Petitioner ' s motion constitute an attempt to raise a question concerning representation. The Petitioner requests that we resolve this alleged question concerning representa- tion by amending the certification. However, both the Act and the Board's policy'require that such matters be determined through a petition and secret ballot of the employees concerned. The possibility that such a petition and election may be barred at this time by Intervenor ' s bargaining agreement with the Employer is not sufficient justification for abandonment or evasion of the procedure. Accordingly, we find that the motion to amend is without merit.3 [The Board denied the motion to amend the certification filed by the Petitioner.4] Member Rodgers took no part in the consideration of the above Decision and Order. Wagner Electric Corporation, 91 NLRB 220. 41n view of our disposition of the motion to amend, the requests of the Employer and Intervenor for a hearing on this matter are denied. PULITZER PUBLISHING COMPANY, ST. LOUIS POST-DIS- PATCH and WENSLEY JOHNSTON, Petitioner ST. LOUIS GLOBE DEMOCRAT and WENSLEY JOHNSTON, Petitioner . Cases Nos . 14-RD-69 and 14-RD-70. October 20, 1953 DECISION AND ORDER Upon separate petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Roy V. Hayden, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in these cases, the Board finds: 1. The Employers are engaged in commerce within the meaning of the National Labor Relations Act. 106 NLRB No. 229. 322615 0 - 54 - 81 1268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. The Petitioner t asserts that the Union, Local 709, In- ternational Brotherhood of Teamsters, Chauffeurs, Ware- housemen & Helpers of America, AFL, which is currently recognized by the Employer, is no longer the bargaining rep- resentative of the employees in the proposed units, as de- fined in Section 9 (a) of the Act. 3. The Petitioner seeks decertification elections in sepa- rate units of dockmen at the Employers' two plants at St. Louis, Missouri. The Employers and the Union contend that the proposed units are inappropriate because they do not in- clude truckdrivers and motorcycle drivers at the two plants. Both Employers are engaged in publishing newspapers at St. Louis, Missouri. They have bargained on a multiemployer basis with the Union since 1941 for the dockmen, truckdrivers, and motorcycle drivers. z The dockmen perform the same kind of work at both plants; their sole duty is to take newspapers off a conveyor belt and place them on trucks. The truckdrivers then stack the newspapers in the trucks. The dockmen exercise no spe- cial skills in performing their work. The record seems to indicate they are supervised at each plant by a circulation department supervisor, who also supervises the truckdrivers. It is clear from the foregoing that the employees sought to be decertified are arbitrary groupings , comprising neither craft groups nor distinct and functionally coherent departments. Accordingly, we find that no question affecting commerce exists concerning the representation of employees of the Em- ployers within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, and shall dismiss the petitions. [The Board dismissed the petitions.] I He is designated in each petition as an employee of the Employer. 2The St. Louis Post Dispatch does not have any motorcycle drivers in its employ at present; the St. Louis Globe Democrat has one. He does the same work as the truckdrivers. THE ATLANTIC REFINING COMPANY and SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA, ATLANTIC AND GULF DISTRICT, AFL, Petitioner. Case No. 4-RC- 2023. October 20, 1953 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Herbert B. Mintz, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the mean- ing of the Act. 106 NLRB No. 226.