Washington Daily News Co.

National Labor Relations Board - Board DecisionsDec 13, 1940

28 N.L.R.B. 533 (N.L.R.B. 1940)

In the Matter Of WASHINGTON DAILY NEWS COMPANY and AMERICAN NEWSPAPER GUILD Case No. B-2180.-Decided December 13, 1940 Practice and Procedure : petition dismissed where union received no majority at election conducted under the direction and supervision of the Regional Director- pursuant to a stipulation for certification on consent election. .Mr. William M. Richer, for the Board. Mr. Earl D. Baker, of Washington, D. C., for the Company., Mr. John T. Moutoux, of Washington, D. C., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On November 25, 1940, American Newspaper Guild, herein called the Union, filed with the Regional Director for the Fifth Region (Baltimore, Maryland) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Washington Daily News Company, Washington, District of Columbia, herein called the Company, engaged in the business of editing, print- ing, and publishing a daily newspaper in the city of Washington, District of Columbia, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 25, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon clue notice. On November 26, 1940, the Company, the Union, and counsel for the Board entered into a "Stipulation for Certification on Consent Election." Pursuant to the stipulation, an election by secret ballot was con- ducted on November 28, 1940, under the direction and supervision 28 N. L. R. D, No. 81. 533 534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the Regional Director, among all employees of the Company, excluding all persons covered by contracts between the Company ar d other labor organizations, all persons eligible to membership in craft unions, business manager, secretary to business manager, advertising director, secretary to advertising director, local advertising manager, national advertising manager, classified advertising manager, assistant classified advertising manager, classified telephone 'supervisor, circu- lation manager, assistant circulation managers, street sales manager, promotion manager, art department director, art department night manager, office manager, assistant office manager-cashier,,all outside circulation subscription solicitors, supervisors of circulation, subscrip- tion solicitors, temporary employees hired for occasional purposes, part-time employees, laborers, building maintenance employees, and employees in mechanical departments, to determine whether ' or not said employees desired to be represented by the Union. On Novem- ber 29, 1940, the Regional Director issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed 'by any of the parties. , In his Election Report, the Regional Director reported as follows concerning the balloting and its results : Total number of eligible voters_______________________________ Total number of ballots cast_________________________________ Total number of votes for American Newspaper Guild__________ Total number of votes against American Newspaper Guild______ Total number of blank"ballots________________________________ Total number of void ballots_________________________________ Total number, of challenged ballots___________________________ 99 87- 43 44 0 0 0 The results of the election show that no representative has been selected by a majority of the employees in the appropriate unit. The petition of American Newspaper Guild for investigation and certifica- tion of representatives of employees of Washington Daily News Company, Washington, District of Columbia, will therefore be dismissed. Upon the basis of the stipulation, the Election Report, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Washington Daily News Company, Wash- ington, District of Columbia, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the Company, excluding employees who are covered by contracts between the Company and other labor organiza- WASHINGTON DAILY NEWS COMPANY 535 tions, all persons eligible to membership in craft unions, business manager, secretary to business manager, advertising director, secre- tary to advertising director, local advertising manager, national ad- vertising manager, classified advertising manager, assistant classified advertising manager, classified telephone supervisor, circulation manager, assistant circulation managers, street sales ;manager,, pro- motion manager, art department director, art department night manager, office manager, assistant office manager-cashier, all outside circulation subscription solicitors, supervisors of circulation subscrip- tion solicitors, temporary employees hired for occasional purposes, part-time employees, laborers, building maintenance employees,-and employees, in mechanical departments, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Sec- tion 9 (b) of the National Labor Relations Act. ORDER By virtue of Section 9 (c) of the National Labor Relations 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 IIEREBY ORDERED that, the petition for investigation and certifica- tion of representatives of employees of Washington Daily News Company, Washington, District of Columbia, filed by American Newspaper Guild be, and it hereby is, dismissed.