Bethlehem Globe Publishing Co.

National Labor Relations Board - Board Decisions

Feb 2, 1943

47 N.L.R.B. 268 (N.L.R.B. 1943)

In the Matter of BETHLEHEM GLOBE PUBLISHING CO. AND PLAIN
DEALER PUBLISHING Co., INC. and ALLENTOWN TYPOGRAPHICAL
UNION No. 534, AFFILIATED WITH INTERNATIONAL TYPdGRAPHIOALQ
UNION
Case No. R-4748.Decided February 2, 191
Jurisdiction ': newspaper publishing industry.
Investigation and Certification of Representatives : existence of question : stipu-
lation as to ; election necesss ry.
Units Appropriate for Collective Bargaining : separate units for composing-room
employees of each of two newspaper companies which were separate 'and dis-
tinct entities and between which there was a lack of unified control of employ-
ment policies held appropriate, notwithstanding sole union's desire for a single
unit embracing composing-room employees of both employers.
Mr. H. P. McFadden, of Bethlehem, .Pa., for Bethlehem Globe.
Mr. William T. Dodge, of Easton, Pa., for Plain Dealer.
Mr. James McCartan, of Cuyahoga Falls, Ohio, for the Interna-
tional.
Mr. Milton L. Snyder, of Allentown, Pa., for the Union.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION 'OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by Allentown Typographical Union No.
534, affiliated with International Typographical Union, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Bethlehem
Globe Publishing Co. and Plain Dealer Publishing Co., Inc., herein
called Bethlehem Globe and Plain Dealer, respectively, and the Com-
panies, collectively, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Robert H. Kleeb,
Trial Examiner. Said hearing was held at Bethlehem, Pennsyl-
vania, on January 11, 1943. The Companies and the Union ap-
peared, participated, and were afforded full opportunity to be heard,
47 N. L. R. B., No 25.
268
BETHLEHEM GLOBE PUBLISHING CO. 269
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. ^ On
January 18 and 23, 1943, Bethlehem. Globe and the Union, respec-
tively, filed briefs which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACTS
I: THE BUSINESS OF THE COMPANIES
Bethlehem Globe Publishing Co. and Plain Dealer Publishing Co.,
Inc., are Pennsylvania corporations engaged in the newspaper pub-
lishing business. Bethlehem Globe was incorporated in 1913, has its
principal place of business in Bethlehem, Pennsylvania, and publishes
an evening newspaper known as The Bethlehem Globe-Times. Plain
Dealer was incorporated in 1936, has its principal place of business in
Easton, Pennsylvania, and publishes, a morning newspaper known as
The Morning Free Press.
The Bethlehem Globe-Times has a daily circulation of about 23,000,
of which 50 copies are mailed outside the Commonwealth of Pennsyl-
vania. The Morning Free Press has a circulation of about 13,500
copies per day, 25 percent of which is delivered outside the State. Both
newspapers use national ne^vs services and maintain ticker services for
sending, and receiving news items. National advertising and na-
tionally syndicated columns and comic strips appear in both news-
papers. All the raw materials necessary for the printing of both
papers are purchased by Bethlehem Globe which in turn sells to Plain
Dealer those raw materials needed to print The Morning Free Press.
During the year 1942, approximately 75 percent of the raw materials
used were purchased and received from outside the Commonwealth of
Pennsylvania.
The Companies admit that they are engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Allentown Typographical Union No. 534, affiliated with Interna-
tional Typographical Union, is a labor organization admitting to
membership employees of the-Companies.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that the Union requested the Companies to
recognize it as the exclusive bargaining representative of composing-
room employees of both Companies. The Companies refused to grant
270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
any recognitioi on the grounds that a single unit was inappropriate
and that they had no knowledge as to whether or not the Union actually
i epresented a majority of the employees.
A report of the Acting Regional Director introduced into evidence
and a statement made by the Trial Examiner at the hearing, indicate
that the Union represents a substantial number of employees in each
of the units hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section-9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
The Union seeks a single unit embracing all composing- room em-
ployees of Bethlehem Globe and Plain Dealer but excluding super-
visors.2 The Companies, on the other'hand, urge that the employees
of each constitute a separate appropriate unit. The Union alleges that
since there is a single printing plant owned by Bethlehem Globe which
prints both newspapers and the composing-room employees of both
Companies work on both papers, a single unit should be established.
A further point is made that the owner of Plain Dealer is an officer
.and stockholder of Bethlehem Globe and that therefore the papers are
,under common management.
Although the sole owner of Plain Dealer owns 63 of the 400 outstand-
ing shares of stock of Bethlehem Globe and is an officer of that corpo-
ration, the Companies are 2 separate and distinct corporate entities
maintaining individual business and editorial offices and reporting
staffs. The newspapers they publish circulate in different communities
and the only facility used in common is the printing plant. For
economic reasons and because 1 newspaper is a morning edition while
the other appears in the evening, the composing-room employees of
Plain Dealer use Bethlehem Globe's plant. While there is some inter-
change of production and labor between the Companies, each compen-
sates the other in cash for any differences arising from these exchanges.
1 The Acting Regional Director reported that the Union had submitted 17'application cards
dated as follows : 1 in November 1939, 2 in September 1941, and 14 in August and September
1942 There ' as also submitted a letter dated November 10, 1942 , under the hand and
seal of the Union' s president and-treasurer listing the names of 6 additional members At
the hearing the Trial Examiner was handed 7 union designations . Twenty-four of the union
designations bore apparently genuine original simnatures The moon designations were
checked against the Companies ' pay roll of December 2, 1942 In Bethlehem Globe there
ale 12 union authorizations out of 28 employees listed in the unit alleged to be appropriate.
In Plain Dealer there are 10 union authorizations out of 11 employees listed in the unit
alleged to be appropriate
2The parties stipulated ,, and we find, that the term "composing - room employees" includes
the following classification, of employees of both Companies ' linotype operators, advertise-
ment compositors , make-up men , machinists and combination machinists , proofreaders add
apprentices It was also stipulated , and we find, that Foreman Joseph Breslin and Assistant
Foreman Elwood Eckert are supervisors and as such ate excluded from the unit.
BETHLEHEM GLOBE PUBLISHING CO. 271
The 2 papers interchange news and pay each other for it, and the same
arrangements are made for advertisements and syndicated material
that appear in both papers but are set up in type only once. - There is
no joint control of the wages, hours or working conditions of the em-
ployees of the 2 papers. In view of the lack of unified control of
employment policies and the relatively infrequent interchange of em-
ployees and production, we find that the composing-room employees
of the Companies should not be joined together in a single unit.
There,was conflict as to the status of Raymond Rabenold, an em-
ployee of Bethlehem Globe. The record shows tbat,he is a make-up,
man, i. e., -arranges the lay-out of the print on the pages subject to the
discretion of the editorial department. He also routes copy to the
linotype operators and sees that the work is evenly distributed. He
is paid by the hour and has no disciplinary authority nor can he even
recommend discipline. Accordingly, we find that he is not a super-
visor, and as such, shall include him in the unit.
We find that all linotype operators, advertisement compositors,
make-up men , machinists and combination machinists , proofreaders
and apprentices, but excluding supervisors of Bethlehem Globe and
Plain Dealer, respectively,'constitute a unit appropriate -f or the pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act.
V. THE DETERMINATION OF REPRESENTATIVES '
We shall direct that the question concerning representation which
has arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate units who were employed during ,the pay-
roll period immediately 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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bethlehem Pub-
lishing Co., and Plain Dealer Publishing Co., Inc., respectively, sep-
arate elections by secret ballot shall be conducted 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
Fourth Region, acting in this matteras agent for the National Labor,
Relations Board, and subject to Article III, Section 10, of said Rules
272 DECISIONS OF NATIONAL - LABOR RELATIONS BOARD
and Regulations among the employees in each of the units found
appropriate in Section IVV above, 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
present themselves in person at the polls , but excluding those em-
ployees who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by Allentown
Typographical Union No. 534, affiliated with International Typo-
graphical Union, for the purposes of collective bargaining.