The New York Times Co.

National Labor Relations Board - Board Decisions

Aug 27, 1941

35 N.L.R.B. 17 (N.L.R.B. 1941)

In the Matter of THE NEW YORK TIMES COMPANY and AMERICAN
NEWSPAPER WRITERS' ASSOCIATION , FEDERAL LOCAL No . 22397, AFFIL-
IATED WITH THE AMERICAN EDITORIAL ASSOCIATION , . NATIONAL
COUNCIL , AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
In the Matter of THE NEW YORK TIMES COMPANY and NEWSPAPER
GUILD OF NEW YORK AFFILIATED WITH THE AMERICAN NEWSPAPER
GUILD
Cases Nos. B-0278 and B-2279
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
August 07, 1941
The National Labor Relations Board, herein called the Board,
issued in the above-entitled proceedings, a Decision, Order, and Direc-
tion of Election on June 20, 1941,' and an Amendment to Direction
of Election on July 22, 1941.2 Pursuant, to the Direction of Election,
as amended, an election by secret ballot was conducted on July 23,
1941, ballots cast by mail being returnable by July 31, 1941, under
the direction and supervision of the Regional Director for the Second
Region (New York City). On August .5, 1941, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and duly
served upon the parties her Election Report. No objections to the
conduct of the ballot or to the Election Report have been filed by
any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total Number Eligible to Vote__ _____________________________ 587
Total Number of Ballots Cast -------------------------------- 547
Total Number of Valid Ballots___-------------------------------
Total Number of Votes in favor of American Newspaper
535
Writers' Association , Local 22397 , A. F. of L________________ 202
132 N. L. R. B. 928.
2 33 N. L. R. B. 926.
35 N. L. R. B., No.5.
17
18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
9
Total Number of Votes in favor of Newspaper Guild of New
York------------------------------------------------------ 295
Total Number of Votes in favor of neither union -------------- 38
Total Number of Blank Votes -------------------------------- 0
Total Number of Void Ballots --------------------------------- 4
Total Number of Challenged Votes------- -------------------- 8
Since the number of challenged ballots cannot affect the result of
the election , the Regional Director made no report or recommenda-
tions regarding said challenges , and we find it unnecessary to make
any determination with respect thereto.
On August 8, 1941 , American Newspaper Writers' Association,
Federal Local No. 22397, affiliated with the American Editorial As-
sociation , National Council , affiliated with the American Federation
of Labor, herein called the Association , filed a document, dated
August 6 , 1941 , and captioned "Request for Reconsideration ," peti-
tioning the Board to reconsider its Decision herein dismissing the
Association 's petition for investigation and certificaton of repre-
sentatves filed in this proceeding on August 9, 1940,3 and to find
appropriate the unit requested in its petition . Since no matter not
previously considered by the Board is suggested in the document, we
hereby deny the Association 's "Request for Reconsideration."
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 CERTIFIED that Newspaper Guild of New York, affili-
ated with the American Newspaper Guild, has been designated and
selected by a majority of the employees of The New York Times
Company, New York City, in its editorial and news department, in-
cluding the employees listed in Schedule C of the Appendix to the
Decision , Order, and Direction of Election herein, but excluding the
executives , confidential secretaries , and others listed in Schedule A
of said Appendix , as their representative for the purposes of collec-
tive bargaining , and that pursuant to Section 9 (a) of the National
Labor Relations Act, Newspaper Guild of New York, affiliated with
the American Newspaper Guild, 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.
3 32 N. L. R. B. 928 I