The Press Co., Inc.

National Labor Relations Board - Board DecisionsJul 13, 1944

57 N.L.R.B. 266 (N.L.R.B. 1944)

In the Matter of, THE PRESS COMPANY, INC. and TRI-CITY NEWSPAPER GUILD, LOCAL No. 34, CIO Case No. 2-R-47'13.Decided July 13, 1944 Thacher and Casey, by Mr. Joseph J. Casey,. of Albany, N. Y., for the Company. Isserman, Isserman & Kapelsohn, by Mr. Morris Isserman, of Newark, N. J., for the Guild. Mr. Wallace E. Royster, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon a petition duly filed by Tri-City Newspaper Guild, CIO, herein called the Guild, alleging that a question affecting commerce had arisen concerning the representation of employees of The Press Com- pany, Inc., Albany,.New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before David H. Werther, Trial Examiner. Said hearing -was held at Albany, New York, on May 18 and 19, 1944. The Com- pany and the Guild appeared, participated and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and -to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Press Company, Inc., is a New York corporation engaged in Albany, New York, in the publication of a daily newspaper, The ,Enickerbocker News. During 1943 the Company purchased newsprint .and ink having a value of approximately $145,000, all of which was 57 N. L . R. B., No. 49. 266 THE PRESS COMPANY, INC. 267 shipped to the Company from points outside New York. During the same period the average daily net circulation of The Knickerbocker. News was 49,000, of which approximately 2.3 percent was shipped to points outside New York. The Company is a member of the Associ- ated Press and also receives the news service of The United Press. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Tri-City Newspaper Guild, Local No. 34, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties agree that in March 1944 the Guild requested recog- nition as exclusive bargaining representative of the employees in the Company's business office, advertising departments, and maintenance department. The Company refused to extend such recognition unless and until the Guild is certified by the Board as bargaining representa- tive of the employees in the requested unit. A report of the Field Examiner, introduced into evidence , at the hearing, indicates that the Guild represents a substantial number of employees in the voting groups hereinafter described.' We find that a question affecting commerce has arisen concerning the representation of the Company's employees within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES Following a consent election, the Guild was recognized by the Com- pany as exclusive bargaining representative of the employees in the Editorial Department and a collective bargaining contract is now in effect covering these employees. The Guild would add to the unit which it now represents, the employees in the business office, the ad- vertising departments, and the maintenance department. The Com- pany interposes no objection to this amalgamation . Both parties agree to the exclusion of the business manager, the auditor, the man- agers of the advertising departments, the superintendent of main- tenance, the electrician, and the secretary to the general manager. 3 The Field Examiner reported that the Guild submitted 34 applications for membership cards . bearing signatures of employees . In the requested . unit. Nine cards were signed by maintenance employees . The Company 's pay roll lists a total of 55 employees in the business office, advertising departments , and maintenance department. 268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A dispute has arisen, however, over the inclusion of certain em- ployees in the voting groups. The Company would exclude, and the Guild would include, the assistant auditor, the assistant manager in the classified advertising department, the assistant manager in the display advertising department, and the telephone supervisor., The evidence at the hearing indicates that these employees possess super- visory authority in that they are expected to make recommendations with respect to the status of employees in their respective depart- ments. We shall, therefore, contrary to the Guild's contentions, ex- clude them from the voting groups. A further dispute concerns the inclusion of secretaries to the busi- ness manager 'and to the managers of the advertising departments. The Company contends for their exclusion on the grounds that the secretaries in question have access to confidential information relating to labor policy. While the Guild disputes this contention, the evidence tends to support the Company's position. It is the general policy of the Board to exclude secretaries to supervisory employees for the rea- son that such employees by virtue of their employment are in a position to obtain advance information on matters relating to labor policy.2 We shall, therefore, exclude the secretaries from the voting groups. The Company and the Guild agree that maintenance department employees may be included in the bargaining unit sought by the Guild. While the concord of the parties is persuasive, we are mindful that maintenance employees possess skills markedly different from those in the other departments of the Company and may feel that their inter- ests should be represented separately. We shall, 'therefore, afford opportunity in a separate election to the employees in the maintenance department to express their desire with respect to amalgamation with the other departments for bargaining purposes. In accordance with the conclusions above, and in consequence of the agreement of the parties, we shall direct that separate elections be con- ducted among the employees in the following groups : (1) all employees of the Company in the business ofce,'the classified. advertising depart- ment, the national advertising department and the display advertising department, excluding the auditor, the assistant auditor, the managers in the three advertising departments, the assistant managers in the classified and display advertising departments, the telephone super- visor, the secretary to the business manager, the secretaries to the man- agers of the advertising departments, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend .such -action, to determine whether or not they desire to be represented See Matter of General Cable Corporation , 55 N. L. R. B. 1143. k THE PRESS COMPANY, INC. 269 by the Guild for the purposes of collective bargaining; ( 2)" all em- ployees in the maintenance department of the Company, excluding the superintendent, the electrician, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, to determine whether or not they desire to be represented by the Guild for the purposes of collective bargaining. In the event that the Guild is designated as bargaining representa- tive by the employees in group (1), we shall permit the Guild to amal- gamate this group for bargaining purposes with the unit of editorial department employees it already represents. If the Guild is desig- nated as the bargaining representative of the employees in-groups (1) and (2), we shall permit the Guild to amalgamate both groups for bargaining purposes with the employees in the editorial department whom it already represents. We shall direct that the question concerning representation which has arisen be resolved by-mealns of elections by secret ballot among the employees of the Company in groups (1) and (2) described herein. Those eligible to vote in the elections shall be employees of the Com- pany as described, who were employed during the pay-roll period im- mediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction.' DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The Press Com- pany, Inc., Albany, New York, elections by secret ballot shall be con- ducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the em- ployees of. the Company in the groups below, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who 3 The Guild requested at the hearing that the pay -roll period of April 17 , 1944, be used for the purpose of determining eligibility to vote. However , we find no reason to,depart from our usual policy in this particular and hereby refuse that request. 270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD present themselves in person at the polls, but excluding any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elections : (1) All employees of the Company in the business office, the classi- fied advertising department, the national advertising department and display advertising department, excluding the business manager, the advertising department managers, the auditor and assistant auditor, the assistant managers in the classified and display advertising depart- ments, the telephone supervisor, and the secretaries to the business manager, to the auditor, and to the managers of the advertising depart- ments, and excluding further any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, to determine whether or not they desire to be represented by Tri-City Newspaper Guild, Local No. 34, CIO, for the purposes of collective bargaining. (2) All employees of the Company in the maintenance department, excluding the superintendent, the electrician, and all supervisory em- ployees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recom- mend such action, to determine whether or not they desire to be repre- sented by Tri-City Newspaper Guild, Local No. 34, CIO, for the purposes of collective bargaining.