Stockholders Publishing Co., Inc.

National Labor Relations Board - Board DecisionsSep 26, 1941

35 N.L.R.B. 846 (N.L.R.B. 1941)

In the Matter of STOCKHOLDERS PUBLISHING COMPANY , INC. and Los ANGELES NEWSBOYS LOCAL INDUSTRIAL UNION No . 75, C. I. O. In the Matter Of HEARST PUBLICATIONS , INCORPORATED (Los ANGELES EVENING HERALD aL' ExPRESs DEPARTMENT ) and Los ANGELES NEWS- BOYS LOCAL INDUSTRIAL UNION No. 75, C. I. O. In the Matter of TIMES MIRROR Co. and Los ANGELES NEWSBOYS LOCAL INDUSTRIAL UNION No . 75, C. I. O. In the Matter of HEARST PUBLICATIONS , INCORPORATED (Los ANGELES EXAMINER DEPARTMENT) and Los ANGELES NEWTsBOYS LOCAL INDUS- TRIAL UNION No. 75, C. I. O. Cases Nos. B-1923 to R-1926, inclusive SUPPLEMENTAL DECISION AND DIRECTION STATEMENT OF THE CASE On January 9, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections' in the above-entitled proceedings.2 Pursuant to the Direction of Elec- tions and various amendments thereto,3 an election by secret ballot was conducted on May 15, 1941, under the direction and supervision of the Regional Director for the Twenty-first Region (Los Angeles, California) among employees of the Los Angeles Examiner 4 On August 29, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regu- 128 N L. R. B. 1006. 2 On May 15 , 1941 , Hearst Publications , Incorporated ( Los Angeles Examiner Depart- ment ), Los Angeles , California , herein called the Los Angeles Examiner , filed its "Objec- tions to Validity of Direction of Elections and Exceptions to the Same': Blanket Objection to the Ballot of Each and Every Person Participating in Said Elections ( Los Angeles Ex- aminer Unit )," which the Board, by order dated May 26, 1941, overruled 1 29 N. L. R. B. 94; 29 N L. R. B. 95; 30 N L. R B 696; 30 N. L. R B 697; 31 N L R. B. 697. 4 Pursuant to the said Decision and Direction of Elections , as amended , separate elec- tions were also conducted on May 14 and 15, 1941 , among employees of Stockholders Publishing Company, Inc , Hearst Publications, Incorporated , ( Los Angeles Evening Herald & Express Department ) and The Times Mirror Company, all of Los Angeles , California On July 30 , 1941, the Board issued its Supplemental Decision and Certification of Repre- sentatives based upon the results of the said elections (33 N. L R B. 941) 35 N. L. R. B., No. 179. 846 STOCKHOLDERS PUBLISHING COMPANY, INC. 847 lations-Series 2, as amended, issued his Election Report, copies of which were duly served upon the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list----------------------------------- 453 Total ballots cast-----------------.----------------------- 320 Total ballots challenged---------------------------------- 152 Total blank ballots-------------------------------------- 1 Total void ballots--------------------------------------- 2 Total ballots not counted-------------------------------- 155 Total ballots counted------------------------------------ 165 Total votes for Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0.5 --------------------------------- 100 Total votes against Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0----------------------------------- 65 In his Election Report the Regional Director sustained 59 of the challenges, all by the Los Angeles Examiner, and overruled 93, of which 33 were by the Union and 60 by the Los Angeles Examiner. The 93 persons whose ballots were challenged and the challenges overruled are listed in the Appendix hereto annexed. On or about September 5, 1941, the Los Angeles Examiner filed with the Regional Director Objections to the Conduct of the Ballot and to the Election Report, including, however, no objections to any of the Regional Director's rulings on the challenged ballots. The Union filed no objections to the Election Report. On September 8, 1941, the Regional Director, acting pursuant to Article III, Section 9, of said Rules and Regulations, issued his Report on Objections, copies of which were duly served upon the parties. We have con- sidered the Los Angeles Examiner's Objections and find that they raise no substantial or material issues with respect to the conduct of the ballot. We hereby overrule the said Objections in their entirety. Since the parties have not objected to the Regional Director's rulings on the challenged ballots we shall direct that the challenged ballots which he ruled invalid shall not be counted and that those which he ruled valid shall be counted. DIRECTION 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby 5 Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0, is herein called the Union. 848 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Hearst Publications, Incoroprated (Los Angeles Examiner De- partment), Los Angeles, California, the Regional Director for the Twenty-first Region (Los Angeles, California) shall, pursuant to the said Rules and Regulations and subject to Article III, Section 9, of said Rules and Regulations, within ten (10) days from the date of this Direction, open and count the ballots of the persons listed in the Appendix hereto annexed, and shall thereafter prepare and cause to be served upon the parties a Supplemental Election Report eln- bodying his findings therein and his recommendations as to the results of the secret ballot. APPENDIX As Backus, George H Bellizi, Angelo Cameron, John Dennis, W. R. Gordon, William Gorman, Edward Gray, Harry Greenfelt, Abraham Hauser, George Hansen, Henry Harrigan, I. Hayes, Carl Henderson, Wallace Jackson, William Johnson, Charles McGlynn, J. S. Mortier, Emil Negus, C. M. Norris, Peter A. Peterson, R. G. Pollock, Robert Price, Robert Richard, T..L. Shapiro, Sam Shelly, Percy Stepakoff, Bennie Sullivan, Tom Tabitt, William I. Wiseman, Harry Wright, Ruth Uneman, I. Domitacder, Mike B7 Addington, Ralph C8 Colter, Russell Mandel, Frank Pacheco, Louis M. Klaus, Wm. D9 Oliver, Ernest White, George Oliver, J. E. Jenny, Russell Silk, Ennets Â° The persons listed in this group are all those listed in Appendix II of the Regional Director ' s Election Report 7 The person listed in this group is the person listed in Appendix III of the Election Report. 8 The persons listed in this group are those listed in Appendix WIT of the Election Report. 9 The persons in this group are those listed in Appendix X of the Election Report. STOCKHOLDERS PUBLISHING E to Payer, John Curry, Dorothy F 11 Lewis, Elmer Winland, Chas. W. Dukels, Max Tomchen, Meyer Bailey, Clarence Renollett, C. M. Barlett, E. J. Cleary, John Crowell, V. J. Cervello, Alfred Abourezk, Geo. Roman, F. O. Douthit, C., Margolis, Sam Thomson, K. R. Miller, Geo. Frye, Wm. R. Ullman, Albert Russell, Wm. D. Brown, John L. Dominguez, E. Smith, R. E. Brown, A. T. Mott, W. G. COMPANY., INC. 849 G 12 LaMont, Harry Curtis, Joe Fisher, P. Brodie, Louis Reyes, Gilbert Marsh, Wm. Porter, C. E. Daly, John Volk, Chris Brown, Robt. Esch, Oscar Locke, Hans J. Fields, Harry Steele, Kenneth Unger, Chas. Herrera, Donald Elmers, Ben Duron, Armando Hummel, Carl Stoermer, Walter Allen, Wm. Duron, Daniel ][1 13 Sharp, Oscar B. Gleeson, G. Cohen, M. "The persons listed in this group are those listed in Appendix XI, Part B, of the Election Report n The persons listed in this group are those listed In Appendix XII, Part B, of the Elec- tion Report. 12 The persons listed in this group are those listed in Appendix XIII of the Election Report 23 The persons listed in this group are three of those listed in Appendix XVIII of the Election Report.