Bulletin Co.

National Labor Relations Board - Board Decisions

Oct 13, 1976

226 N.L.R.B. 345 (N.L.R.B. 1976)

BULLETIN COMPANY 345
Bulletin Company and Newspaper Guild of Greater
Philadelphia, Local 10 of the Newspaper Guild,
AFL-CIO--CLC. Case 4-RC-11756
October 13, 1976
DECISION AND DIRECTION OF ELECTION
By MEMBERS FANNING, JENKINS, AND PENELLO
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act as amended, a
hearing was held before Hearing Officer Sarah M.
Parker. Following the hearing and pursuant to Sec-
tion 102.67 of the National Labor Relations Board
Rules and Regulations and Statement of Procedure,
Series 8, as amended, the case was transferred to the
Board for decision. Briefs were filed by the Employer
and the Petitioner.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has reviewed the Hearing Officer's rul-
ings made at the hearing and finds them free from
prejudicial error. They are hereby affirmed.
Upon the entire record in the case the Board
makes the following findings:
1. The Bulletin Company (the Employer herein) is
a corporation organized under the laws of the Com-
monwealth of Pennsylvania and engaged in the pub-
lication of a daily and Sunday newspaper distributed
in Pennsylvania and other States of the United
States. During the past calendar year the Bulletin
Company, in the course and conduct of its pub-
lishing operation, held membership in and sub-
scribed to various interstate news services; purchased
newsprint valued in excess of $100,000 directly from
points outside of Pennsylvania; and derived gross
revenues in excess of $50,000 from said publishing
operation. The Bulletin Company concedes it is en-
gaged in commerce within the meaning of the Act.
We find that the Employer is engaged in com-
merce within the meaning of Section 2(6) of the Act
and that it will effectuate the purposes of the Act to
assert jurisdiction herein.
2. Petitioner is 'a' labor organization and claims to
represent certain employees of the Employer.
3. A question affecting commerce exists concern-
ing the representation of certain employees of the
Employer within the meaning of Sections 9(c)(1) and
2(6) and (7) of the Act.
4. Petitioner seeks to represent all full-time and
regular part-time employees in the Employer's edito-
rial and news departments at its 30th Street facility
located in Philadelphia, Pennsylvania, and employ-
ees working in New Jersey, Pennsylvania, Delaware,
and Washington, D.C. The parties agree generally
that the editorial and news departments constitute an
appropriate unit.' The Employer contends, however,
that a number of individuals in the editorial and
news departments, in addition to those stipulated,
are supervisors and should be excluded from the unit
and that its editorial writers, the letters-to-the-editor
editor, and the opinion page editor are managerial
employees and thus not covered by the Act. The Em-
ployer also contends that the associate editor, the
Sunday editor, and the news and assistant news edi-
tors are both managerial and supervisory and must
be excluded. The Employer further submits that its
columnists are professional employees and that the
letters-to-the-editor editor and the opinion page edi-
tor, if not found to be managerial employees, are
nevertheless professional employees within the
meaning of the Act .2 Finally, the Employer asserts
that the secretary to the editor of the editorial page,
the secretary to the managing editor, and the news-
room auditor are confidential employees and that the
Bulletin's correspondents are independent contrac-
tors rather that,employees within the meaning of the
Act.
The Petitioner disagrees with these contentions
and maintains that all of the individuals discussed
above should properly be included in the unit.
A. Supervisory Issues
Delaware editor: News of particular interest to
Delaware residents appears in the regular editions of
the Bulletin during the week. On Sunday one edition
of the paper is printed for, and distributed exclusive-
ly in, the State of Delaware. In addition to the Dela-
ware editor who is located in the Employer's main
Philadelphia offices, three full-time employees are as-
signed to the Delaware news operation and are phys-
ically located in that State. There are also a number
of "stringers" or freelance correspondents who pro-
vide the paper with coverage of Delaware news.
The present Delaware editor, Elizabeth Ann
i The parties stipulated that the following positions are supervisory and
hence excluded from any unit found appropriate: executive editor, manag-
ing editor , assistant managing editor, metro editor , sports editor , Discover
magazine editor, feature editor, national editor, economic news editor,
graphics editor, arts-culture editor , and editor of the editorial page The
parties also stipulated that the assistant to the executive editor and the
secretary to the executive editor are confidential employees excluded from
the unit.
2
We note at the outset that the contention that journalists are "profes-
sional" employees within the meaning of the Act has been fully litigated and
rejected by the Board in The Express-News Corporation, 223 NLRB 627
(1976). We find nothing in the Employer's brief or in the record in the
instant case that would lead us to a different conclusion
226 NLRB No. 53
346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Wright Williams, assigns all of the stories that are
written by reporters in Delaware for both the regular
editions and the Sunday edition of the paper. Outside
of emergencies, no stories are assigned or covered in
Delaware without clearance from Williams. In addi-
tion to assigning stories, the Delaware editor is res-
ponsible for the layout of the Sunday edition of the
Delaware paper and for the accuracy of the stories
from the Delaware bureau. The Delaware editor does
no reporting but does some editing and rewriting of
copy and has authority to return copy to reporters
and to direct them to rewrite their copy.
Williams testified that she approves overtime and
expenses for Delaware reporters and that she has re-
cently recommended the hiring of new staff reporters
for the Delaware operation. Thus, pursuant to the
direction of her immediate superior, the Employer's
managing editor, Williams personally selected pros-
pective candidates for the new positions, interviewed
them, and recommended the hire of the two candi-
dates ultimately selected for the jobs. She is also re-
sponsible for the evaluation of new employees hired
for the Delaware paper. In the single instance when
she recommended the termination of a probationary
employee, the employee was discharged.
Williams also testified that the Delaware employ-
ees come to her with any problems they may have
and that she has never heard of anyone going over
her head with a problem or grievance. Williams at-
tends the weekly meetings of editors of the various
departments and she has attended planning sessions
for a new supervisory manual.
On the basis of this record, particularly in light of
the Delaware editor's responsible direction of the
Delaware employees and her role in the hiring and
evaluation of employees, we conclude that Williams
is a supervisor and must be excluded from the unit.
Bureau chiefs: The Employer maintains news bu-
reaus in Delaware, New Jersey, Washington, D.C.,
and Harrisburg, Pennsylvania, as well as a City Hall
bureau located in Philadelphia. The various outlying
bureaus report to an assistant metro editor located in
Philadelphia who keeps in daily contact with the bu-
reaus by telephone. The Washington bureau chief re-
ports directly to the national editor rather than to an
assistant metro editor. The New Jersey bureaus re-
port to New Jersey Desk Chief Murphy; the Dela-
ware bureau reports to the Delaware editor.
Although there are minor differences among bu-
reaus, most bureaus operate with a bureau chief and
one or two reporters. It is uncontroverted that the
bureau chiefs are experienced reporters who spend as
much as 85 or 90 percent of their time covering local
stories.
Although bureau chiefs have some responsibility
for assigning stories to reporters, it appears that such
assignments often turn on the availability of a report-
er rather than on the exercise - of discretion in the
assignment of a story to a particular reporter. More-
over, some bureau reporters have more or less regu-
lar news "beats" and assignments often routinely fall
within their established beats. Other assignments
come directly to the reporter from an editor or desk
chief rather than from the bureau chief.
Although the Employer maintains that the bureau
chiefs are "responsible" for all the copy generated by
their respective bureaus, the record indicates that
much of the copy produced in the bureaus goes di-
rectly to the Philadelphia offices without any editing
by the bureau chiefs. Even when a bureau chief edits
a reporter's copy, it does not appear that the bureau
chief -necessarily has final authority over story con-
tent nor does it appear that a bureau chief can al-
ways "kill" a story on his own authority. Thus City
Hall Bureau Chief John Gillespie testified that when
he and a reporter differ on the tone or content of a
story and fail to reach an "amicable" resolution he
"goes, over" the reporter's head to his, Gillespie's, su-
perior in Philadelphia. On the one or two occasions
when Gillespie has asked to have a story "killed" his
efforts have been unsuccessful.
Finally, although the bureau chiefs sign overtime
slips, they do not actually authorize either overtime
or expenses, nor does it appear that they have any
formal involvement in resolving grievances or in hir-
ing, firing, or disciplining reporters.' Accordingly, we
conclude that the bureau chiefs as a group lack indi-
cia of supervisory authority and must be included in
the unit.
One exception to our inclusion of the bureau
chiefs in the unit is Washington Bureau Chief Law-
rence O'Rourke. The record supports the Employer's
contention that the Washington bureau is largely au-
tonomous and it lends credence to the assertion that
O'Rourke functions as a supervisor within the mean-
ing of the Act .4 In this regard it is noteworthy that
O'Rourke, unlike other bureau chiefs, has authority
to change a reporter's assignment even when the as-
signment is initially made by an editor located in
Philadelphia. O'Rourke also has absolute authority
to "kill" a story that he does not like, to grant com-
pensatorytime off, and to approve, expenses. Al-
though the national- editor may on rare occasion
3 The bureau chief's opinion on these matters might be solicited by an
editor or desk chief but it is evident that such opinions are not given con-
trolling weight Thus the managing editor for New Jersey testified that while
he would treat any communication from a bureau chief -"very seriously"- the
bureau chiefs have no authority to take independent action on such person-
nel matters.
4In addition to O'Rourke , there are two reporters , two columnists, and
clerical help assigned to the Washington bureau.
BULLETIN COMPANY
make a direct assignment to a Washington reporter,
the great bulk of assignments are made by O'Rourke
who also determines the regular "beats" of the two
Washington reporters.
Finally, it is uncontroverted that O'Rourke has
hired and fired clerical help for the bureau; that he
prepares written evaluations of both clericals and re-
porters assigned to the bureau; and that he has inter-
viewed and recommended the hire of reporters for
the bureau.
We find that the record establishes that O'Rourke,
unlike the other bureau chiefs, is charged with the
responsible direction of the employees assigned to his
bureau. Moreover, we find that in his capacity as
Washington bureau chief O'Rourke has been in-
volved effectively in the hiring and firing of Wash-
ington bureau employees.' Accordingly, we conclude
that O'Rourke is a supervisor and must be excluded
from the unit .6
New Jersey desk chief and the deputy desk chiefs:
The Employer publishes a separate daily paper ori-
ented toward New Jersey. At the start of the hearing
George R. Kentera, a stipulated supervisor, held the
title of managing editor for New Jersey.' Kentera,
New Jersey Desk Chief Leonard Murphy, and New
Jersey Desk Deputies Oberfeld, Myers, Yocum,
Happ, and Tuttle are physically located in the Bulle-
tin's Philadelphia offices. There are five bureaus lo-
cated in New Jersey.
New Jersey Managing Editor Kentera testified
that Murphy's primary job function is to give assign-
ments to the New Jersey bureaus. It appears from the
record that the great bulk of news assignments are
made by the New Jersey desk rather than by New
Jersey bureau chiefs. Although on occasion Murphy
edits copy from the New Jersey operation, he other-
wise does no actual writing or reporting. Murphy
mans the New Jersey desk from approximately 8 in
the morning to 4:30 or 5 in the afternoon. During
these hours Murphy might share the desk with Kent-
era, one or more of the deputy desk chiefs, and one
or more of the rewrite men assigned to the New Jer-
sey paper .8
Kentera testified that he has final authority over
hiring for the New Jersey operation but that he al-
ways discusses the hiring of new people with Murphy
and solicits Murphy's recommendation. As an exam-
5 In fact, the present national editor was initially hired as a Washington
bureau reporter after being interviewed by O'Rourke and following the
latter's recommendation to the executive editor
6 See The Daily Press, Incorporated, 110 NLRB 573, 582 (1954)
7 During the course of the hearing Mr Kentera was appointed managing
editor of the Bulletin.
8
As might be expected, it appears that the bulk of the copy from the
bureaus is generated during the day shift. Thus, during other hours the New
Jersey desk is relatively quiet.
347
ple of Murphy's input in hiring, Kentera noted that
New Jersey Desk Deputy Happ was hired after Mur-
phy recommended him for the job. Kentera further
testified that the three rewrite men and the photogra-
pher assigned to the New Jersey desk report directly
to Murphy; that Murphy can and does authorize
overtime; and that Murphy would function as New
Jersey managing editor in Kentera's absence.
Based on this record we are satisfied that New Jer-
sey Desk Chief Murphy possesses and exercises su-
pervisory authority and for that reason must be ex-
cluded from the unit.
The New Jersey desk deputies function as news
editors and as layout and - makeup editors for the
New Jersey paper. They are responsible for some
light editing and rewriting of the New Jersey copy
and for the actual placement of stories in the New
Jersey edition. According to New Jersey Managing
Editor Kentera the desk deputies also help with story
assignments, story ideas, and by assisting in the plan-
ning of news coverage. A deputy or deputies may be
"in charge" of the New Jersey desk during the late
evening or early morning hours but for the most part
the deputies' tours, of duty overlap those of either
Murphy or Kentera.
Although Kentera testified that the deputies can
give assignments to reporters, it appears from the
record that most assignments are made by Murphy
following his daily morning telephone conversations
with the bureau chiefs. It also appears that a deputy
who is alone on the desk may assign a reporter to
cover a breaking news story and may authorize a
reporter to work overtime to cover the story. Howev-
er, the deputy will seek to contact either Murphy or
Kentera before taking such action.
The record also shows that the deputies have no
authority to change an assignment given by Murphy
or Kentera. The scheduling of work hours for the
bureaus and for New Jersey employees generally is
done by Murphy and Kentera rather than by the
deputies. In the event that a reporter is ill or other-
wise requires time off the reporter would contact
either Murphy or the bureau chief who in turn would
contact Murphy or Kentera. Finally, the record is
devoid of substantive evidence that the desk deputies
are in any sense effectively involved( in the hiring,
firing, or disciplining of employees in the New Jersey
operation.9
In light of the record evidence of the deputies' du-
ties and responsibilities we conclude that the New
9 Managing Editor Kentera testified that in one or two instances he asked
a deputy for a recommendation prior to hiring a new employee The signifi-
cance of this testimony is undercut , however, by Kentera's acknowledgment
that he routinely solicits such opinions as widely as possible and has asked
other employees, including bureau chiefs , for their recommendations There
is no evidence that he has acted solely or largely on such recommendations.
348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Jersey desk deputies lack indicia of supervisory au-
thority and must be included in the unit.
National desk: National Editor John J. Farmer, a
stipulated supervisor, is in overall charge of the na-
tional desk. The national desk, of which the tele-
graph desk is an important part, handles all national
and international news from the wire services,, the
Washington, D.C., bureau, and the Philadelphia na-
tional reporter. In addition to Farmer,- Deputy Na-
tional Editor Fred Coger, Telegraph Editor William
Townshend, and his deputy, Dale Franz, there are
four full-time and five part-time editors assigned to
the national desk.
Deputy Telegraph Editor Franz is in charge of the
telegraph desk from approximately 1:30 a.m. until
8:30 or 9:30 a.m. He decides which wire copy to offer
to the news editors each morning for the first edition
and he assigns stories to the copy editors as they ar-
rive for work at the desk during the early morning
hours. If Franz is dissatisfied with the edited copy he
returns it to the copy editor with suggested revisions.
According to National Editor Farmer, in assigning
copy to a particular editor, Franz must take into con-
sideration both the complexity and importance of the
story and the individual skills of the particular copy
editor to whom the assignment is given.
Telegraph Editor Townshend replaces Franz on
the telegraph- desk at 9:30 a.m. and thereafter is re-
sponsible for deciding the copy that will be offered to
the news editors for the remaining daily editions.
Like Franz, Townshend assigns copy to be edited
and returns any edited copy that is unsatisfactory.
Deputy National Editor Fred Coger is largely re-
sponsible for "overnight" stories. These are either
major stories that have broken for the noon edition
and require followup stories the next day or stories
that have broken too late for inclusion in today's pa-
per and must be covered in the next day's first edi-
tion.
Beginning at noon or 1 p.m. Coger compiles a list
of stories which he presents to 'a 4:45 p.m. meeting of
department heads for possible inclusion in the next
day's paper. In compiling this list Coger will fre-
quently check with the Washington bureau chief and
the Philadelphia national reporter to determine
whether they have any additional information on the
story or to assign them to cover some aspect of the
story for a future edition. Coger is also responsible
for assigning copy to editors for Sunday features. Co-
ger, like Townshend and Franz, will frequently indi-
cate to the copy editor to whom an assignment is
made the type of headline that he wants, the tone
that the story should carry, its approximate length,
and so forth. Coger also can return edited copy to a
copy editor with directions for its revision.
National Editor Farmer testified that most admin-
istrative and personnel matters on the desk are left in
the hands of Coger and Townshend. Townshend
schedules the work hours and vacations of all tele-
graph desk employees. Coger does the scheduling
when Townshend is on vacation. Both Coger and
Townshend schedule overtime but normally they
bring overtime vouchers to Farmer for his approval.
However, when Farmer is out of the office or other-
wise unavailable, Coger, who ordinarily substitutes
for him, has authority to authorize overtime' Coger
can also initial expense vouchers and has authority to
forward them directly to the executive editor. In
Farmer's absence Coger is also authorized to give
assignments to the Philadelphia national reporter.1°
When a vacancy recently occurred on the tele-
graph desk, Coger and Townshend lobbied Farmer
to have the vacancy immediately filled because of the
heavy workload on the copy editors. Thereafter Co-
ger, who maintains a file on applicants for jobs as
copy editors, personally interviewed two applicants
and hired one of them on a trial basis. After a proba-
tionary period Coger reviewed this individual's work
product and effectively recommended to the manag-
ing editor that she be retained as a permanent em-
ployee. Coger also effectively recommended the
transfer of an editor from the financial desk to the
national desk.
Coger and Townshend appear to share responsibil-
ity for evaluating telegraph desk employees. Farmer
testified that he is not usually in a position to judge
the quality of work of individual copy editors on the
telegraph desk and hence he relies on Coger and
Townshend to evaluate their performance. The actu-
al recommendations for salary increases are prepared
by Townshend and sent to Coger, who in turn for-
wards them to the executive editor for finalaction.
On the basis of this record it is evident that Coger,
Townshend, and Franz are charged with the' assign-
ment and responsible direction of telegraph desk em-
ployees, and that Coger and Townshend possess ad-
ditional broad indicia of supervisory status, including
authority to effectively recommend changes in the
employment status of their subordinates on the desk.
Accordingly, we shall exclude all three from the
unit."
Deputy Metro Editor Kennedy and the assistant met-
ro editors: The metropolitan desk covers and writes
news and feature stories that emanate from the state
10 The national reporter normally reports exclusively to National Editor
Farmer . The national reporter's function is to fill gaps in national or inter-
national wire service reports . He is usually given two or three special assign-
ments a month At other times he may be assigned to special projects such
as Iplannmg convention or primary coverage.
See A. S Abell Company, Publisher, The Sun Papers, 81 NLRB 82, 84,
86 (1949); The Daily Review, Inc, Ill NLRB 763, 764-765 (1955).
BULLETIN COMPANY 349
capital at Harrisburg, and from Chester, Montgom-
ery, Delaware, and Philadelphia counties. The record
indicates the majority of news department reporters
and copy editors are assigned to the metropolitan
desk.12 James Tunnell, a stipulated supervisor, is the
metro editor. William Kennedy serves as his deputy.
There are six assistant metro editors assigned to the
desk.
Deputy Metro Editor Kennedy is scheduled to
work from 6 a.m. until 3:30 or 4 p.m. For the first 3
or 4 hours of his tour and prior to Metro Editor
Tunnell's arrival, Kennedy is solely responsible for
metro news. As part of his primary responsibility for
seeing that there is proper coverage of local news,
Kennedy reviews all metro.news prior to the publica-
tion of the first morning edition. He also checks with
the assistant metro editors to see what they have
done or plan to do with respect to metro news for
that day's paper. Tunnell testified that Kennedy is
basically in charge of metro news for this day's edi-
tions while he -concentrates on the next day's paper.
In describing the overall operation of - the metro
desk Tunnell testified that the assistant metro editors
report to him and to Kennedy, as do the metro copy
desk chief and his deputy: the bureau chiefs and re-
porters normally report to an assistant metro editor.
Although under pressure of a deadline or some other
unusual circumstance Tunnell or Kennedy might
make a direct assignment to a reporter, more com-
monly they would call in an assistant metro editor
and discuss the assignment with him. The assistant
metro editor in turn would give the assignment to
one of the reporters he handles or would send a re-
porter to Tun>ilell or Kennedy for further, instruc-
tions. The only reporter who frequently receives di-
rect assignments from Tunnell and Kennedy is the
local investigative reporter. However, in the absence
of an incumbent assistant metropolitan editor/fea-
tures the reporters formerly assigned to that assistant
metro editor report directly to Tunnell or Kennedy.13
The ultimate decision to hire employees for the
metro desk rests with the executive editor and the
managing editor. However, normally Tunnell is con-
sulted about new hires and he and Kennedy inter-
view prospective employees. The record indicates
that the metro desk is relatively stable with only two
new hires in the, past calendar year. Tunnell inter-
viewed both of these new employees and Kennedy
12 At the time of, the , hearing 23 desk reporters , 14 general assignment
reporters, I local investigations reporter , and 3 desk assistants were assigned
to the desk . In addition, the bureau chiefs and bureau reporters from the
five metro bureaus reported to the desk . Also, 12 copy editors and 11 rewrite
men were assigned to the desk
13 The position of assistant metro editor /features was recently vacated
and the duties and responsibilities of the position split between Tunnell and
Kennedy . On this record it is not clear whether the Employer has any pres-
ent intention of filling this position.
interviewed one of them. 14 Tunnell testified that he
followed Kennedy's recommendation with respect to
the job applicant whom Kennedy interviewed and
that he forwarded the recommendation to the execu-
tive editor.
Kennedy and Tunnell jointly prepare evaluations
on metro desk employees, including recommenda-
tions for salary increases. Tunnell testified that nor-
mally such recommendations are followed. Tunnell
also testified that Kennedy has authority to make
recommendations on personnel matters or grievances
directly to the managing editor. For example, in Oc-
tober 1975, a metro desk rewrite man discussed a pay
grievance with Kennedy who was sympathetic and
brought the grievance with his recommendation di-
rectly to the managing editor and the executive edi-
tor without consulting Tunnell. Tunnell further testi-
fied that in the past year he has never on any
occasion overruled Kennedy with respect to a per-
sonnel or grievance matter. Finally, Tunnell testified
that when he is on vacation or otherwise unavailable
Kennedy replaces him. In Tunnell's absence Kenne=
dy normally attends the late afternoon meeting of
department heads at which the next day's "budget"
of stories is presented and discussed. Kennedy and
Tunnell jointly prepare vacation schedules for the as-
sistant metro editors. Either Kennedy or Tunnell
may spot check expense reports after they are ap-
proved by Assistant Metro Editor Mecca or Mecca
may approach either Kennedy or Tunnell if he has a
problem or question about an expense claim. Both
Tunnell and Kennedy possess copies of the supervi-
sory manual.
It is evident from this record that the deputy metro
editor shares with the metro editor major responsibil-
ity for the overall responsible direction of the metro
desk and the employees assigned thereto. In this re-
gard we note that the deputy metro editor not only
assigns work to metro desk employees but also is ef-
fectively involved in various administrative and per-
sonnel matters such as employee evaluations and the
adjustment of grievances. Accordingly, we shall ex-
clude the deputy metro editor from the unit.
H. James Laverty is an assistant metro editor/op-
erations commonly referred to as the "early opera-
tions man." Laverty works on the metro desk from
4:30 a.m. to noon, Monday through Friday. He is
basically responsible for the quality' and accuracy of
the three major early editions, the "A," "B," and
"BB" editions.
When Laverty arrives at the metro desk he receives
a report on current stories from a desk assistant. He
also reviews a log of possible news events for cover-
age left by the night assistant metro editor' Finally,
14 Kennedy was on vacation when the other position was filled
350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Laverty checks the wire copy and reads the late edi-
tions of the Philadelphia Inquirer looking for stories
that the Bulletin may have missed.
During the morning hours and up to the comple-
tion of the "BB" edition Laverty assigns work to the
rewrite men on the desk, discusses stories with the
metro reporters, and decides the "lead" for stories
that will run in the paper. Laverty has authority to
call in a reporter or reporters to cover breaking sto-
ries or to call a reporter at home to give or to change
an early assignment. Apparently these are not infre-
quent occurrences and at.times, as when there is im-
portant breaking news, Laverty may have as many as
20 to 25 people working for him.15
The "middle operations man," Assistant Metro
Editor/Operations Frank Lenny, is responsible for
the "D" and "E" editions and for initiating and as-
signing stories in preparation for the next day's "A"
edition. Louis King- is the "night, operations man."
Lenny and King, during their tours on the ` metro
desk, exercise the same authority and perform the
same job functions as Laverty. However, in the ab-
sence of the picture editor who does not, work the
night hours, King is also authorized to make assign-
ments directly to photographers.
In addition to the three assistant metro editors/
operations there is an assistant metro editor/beats,
an assistant, metro editor/administration, and an as-
sistant metro editor/bureaus.
,Marge Paxson is the incumbent assistant metro ed-
itor/beats. There are 23 beat reporters who report
directly to Paxson. As described by-the metro editor,
Paxson's function is to insure that the beat reporters
provide the paper with adequate coverage of the sub-
ject matter areas that comprise the specific "beats"
under her jurisdiction. Paxson has little occasion to
request additional help from other areas of the metro
desk. 'If she needs a general assignment reporter or a
rewrite man, she makes a request to Tunnell, Kenne-
dy, or the assistant metro editor/operations in charge
of the desk at the time. In addition to giving specific
assignments to the beat reporters, Paxson is responsi-
ble for initial light editing of copy from the beat re-
porters. Paxson has authority to return copy to a beat
reporter with directions to revise it,
Ray Mecca, assistant metro editor/administration,
performs three main functions for the metro desk: (1)
15 Although the metro editor and his deputy leave a number where they
can be reached and are sometimes called by the assistant metro editor in an
emergency or when there is important news breaking, usually the assistant
metro editor calls to tell them what has been done rather than to ask them
what to do Furthermore, on occasions when they have come in because of
an important news story the metro editor and his deputy have left the assis-
tant metro editor in charge of the desk and in effect functioned as his
assistants.
he directs seven or eight desk assistants who are en-
gaged in a variety of clerical duties; (2) he is respon-
sible 'for special house projects such as stories con-
cerning the paper's scholarship program, stories on
newsboys, the preparation of advance obituaries, and
so forth; and (3) he acts as-metro desk auditor over-
seeing metro desk expense accounts, overtime, and
leave time.
Rem Reader, the assistant metro editor/bureaus, is
responsible for the bureaus located in the four Penn-
sylvania counties and for the City Hall bureau. He is
charged ,with overseeing the bureau chiefs and coor-
dinating the efforts, of the bureaus; on occasion he
gives assignments to suburban "stringers" or will
have a reporter report directly to him on special proj-
ects. -Reider receives daily memos from the bureau
chiefs indicating a,"budget of likely bureau-stories.
Reider has;_authority to assign specific stories to a
bureau chief or reporter or to change an assignment
given by-a bureau chief. If he is dissatisfied with bu-
reau copy, he can return it to- the bureau chief or
reporter and direct its revision.
Although the Petitioner contested the supervisory
status of the assistant metro editors it concedes that
the three "assistant metro editors/operations make
recommendations with respect to the hire, fire, and
transfer of employees on the ,metro staff, authorize
overtime for reporters and rewrite-people, on the met-
ro desk, are consulted on the annual employee evalu-
ations, and frequently recommend salary increases,
schedule work hours and vacations for some desk
employees, and are authorized to handle "minor"
grievances.
The Petitioner also concedes that Marge Paxson
not only handles assignments to the beat reporters
but also is involved in changing beats, in approving
overtime, in arranging schedules, and in handling
beat reporter grievances. Similarly, the Petitioner
concedes that Ray Mecca schedules the hours, ap-
proves the overtime, and handles the"minor" griev-
ances of seven or eight desk assistants who work un-
der his direction. The record also establishes that
Metro Editor Tunnell has delegated to Mecca a var-
iety of administrative and personnel tasks, including
some responsibility for the hiring and evaluation of
desk employees, and that Mecca's recommendations
relative to these matters are generally solicited and
followed. Finally, the Petitioner concedes that Reider
can assign stories to a bureau chief or, as he has on
occasion, directly to a bureau reporter. Petitioner
also concedes that Reader is initially responsible for
authorizing overtime and expenses for the bureaus
and for arranging temporary transfers to the bureaus.
The record further establishes that Reider is involved
in evaluating both bureau chiefs and reporters and
BULLETIN COMPANY
that on occasion he has personally resolved griev-
ances involving bureau personnel.
On the basis of this record and particularly in light
of the largely uncontested testimony which estab-
lishes the frequent exercise of various supervisory
powers by the assistant metro editors, we conclude
that they are firstline supervisory personnel who
must be excluded from the unit.
Metro copy desk chief and deputy chief. The metro
copy desk is responsible for the final "fine" editing of
all local or metro copy as well as some entertain-
ment, New Jersey, and Delaware copy. The copy
desk makes sure that the copy is grammatical and
checks the style, accuracy, and completeness of the
story. If the copy editor has serious questions about a
story, he will return it to the copy desk chief or his
deputy, both of whom generally function as the
"slot" men on the desk, and they in turn can return it
to the metro editors for clarification. In addition to
editing copy the copy desk writes` subheads, head-
lines, and picture captions. The copy desk is also re-
sponsible for so-called "overset" changes in stories
for which there is no room in the current paper.
There are two work shifts on the metro copy desk,
an early morning shift scheduled from 6 or 7 a.m. to
I or 2 p.m. and a late shift scheduled from 8 or 8:50
p.m. to 3:30 or 4 a.m. It appears from the record that
there is little need for coverage on the desk during
the hours between shifts. Metro Copy Desk Chief
Robert C. Lowry and Deputy Chief John Weir work
one shift or the other as slot man and rotate shifts
every 3 months. The slot man assigns copy to the
editors sitting with him on the desk, looks at their
headlines and approves them, and checks on the
work of the individual copy editors.
Although the metro copy desk is considered part
of the overall metro operation and is basically an-
swerable to the metro editor, the latter testified that
the copy desk's operation is largely autonomous, ex-
cept in editorial matters, and that copy desk opera-
tional decisions are made between the copy desk
chief and the managing editor or the 'executive edi-
tor. The record indicates that the copy desk chief
communicates directly with the managing editor on
personnel matters, although he may simultaneously
forward a copy of his recommendations or requests
to the metro editor.
The copy desk chief determines shifts and rota-
tions on the desk. His deputy can change the sched-
ule for personnel, on his shift. Either the desk chief or
the deputy has authority to authorize overtime or to
call in a copy editor when necessary to provide cov-
erage on a shift. Either the desk chief or the deputy
can direct a copy editor to "hold" a story if he feels
there is some problem with its accuracy or content.
351
Similarly, either the desk chief or the deputy can or-
der a copy editor to move a story, even if the copy
editor has some question about the story. Both Low-
ry and Weir have authority to handle grievances on
their shifts."
Metro Editor Tunnell testified that to his knowl-
edge there have been few, if any, hires or transfers to
the metro copy desk since November 1974, when
there was a major reorganization of the paper. He
did recall, however, one instance when Desk Chief
Lowry successfully blocked the transfer of a metro
copy desk editor to another department. Tunnell also
testified that Lowry and his deputy normally prepare
evaluations, including recommendations on wage in-
creases, for metro copy desk employees. Tunnell tes-
tified that he has little or no input into these evalua-
tions.
Based on all of the above we conclude that both
the metro copy desk chief and his deputy are supervi-
sors and should be excluded from the unit."
Feature/focus copy, desk chief.- Donald Caswell is
chief of the feature/focus copy desk. The desk works
a regular 9 to 5, Monday through Friday schedule.
There are two copy editors assigned to the desk.
The feature/focus copy desk edits feature copy,
writes headlines for feature copy, and is responsible
for the layout of pages for the focus section of the
paper. As desk chief, Caswell assigns copy to the
copy editors and reviews the edited copy and head-
lines. Caswell has authority to return work to the
copy editor if he is not satisfied with the editing or
the feature headline. Caswell also has authority to
return work to a reporter and to direct the reporter to
redo the story.'8
Although there is some conflict in the record,19
there is testimony by the Employer's executive edi-
tor, B. Dale Davis, that Caswell has authority to as-
sign overtime and to arrange a day off or other
change in the work schedule of the copy desk editors.
Davis also testified that Caswell effectively recom-
mended the transfer of one of the present feature
copy editors from the news desk. Unlike the copy
16 Metro Editor Tunnell testified that either Lowry or Weir can handle
grievances "that can be handled within the metropolitan copy desk itself "
Tunnell testified that on one occasion Lowry reported a more serious griev-
ance to him and told him how he wanted to handle it . Tunnell testified he
told Lowry, "Fine, you handle it"
17 See A S Abell Company, 81 NLRB 82, 86 (1949)
18 There is some dispute about the authority of a copy editor on the desk
to return copy to a reporter. It appears from the record, however, that only
when a copy editor has a "minor" question about astory , such as a gram-
mar change or a question on a figure or date, will he go to the reporter
directly If there were to be any significant changes in copy they would be
cleared with Caswell
19
Feature/Focus Copy Editor Denise Kochm testified that she goes di-
rectly to Feature/Focus Editor King for overtime slips and that other em-
ployees in the feature /focus department have routinely filled in for King in
his absence
352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
editors, Caswell is not eligible for overtime. Caswell
goes to the afternoon meeting of department heads
when Feature/Focus Editor Harry King, a stipulated
supervisor, is unavailable.
Based on the record as a whole, particularly the
evidence of Caswell's authority to assign work to and
responsibly direct copy desk employees, we conclude
that the feature/focus copy desk chief is a supervisor
and should be excluded from the unit.
Chief librarian: Charles Martyn is the Bulletin's
chief librarian. Martyn reports to Executive Editor
Davis and directs a staff of 12 people working in the
job classifications of library assistant and classifier.
Martyn's testimony concerning his duties and re-
sponsibilities as chief librarian is uncontroverted. Al-
though Martyn must request permission from the
executive editor to fill a library vacancy, once
permission is granted Martyn alone interviews pros-
pective candidates and, makes the final `decision to
hire. Martyn also suggests a starting salary and his
recommendation is generally effective. Martyr per-
sonally interviewed and hired' all the library staff
other than'three individuals who ' were employed by
the Bulletin prior'to his arrival at the paper. On ap-
proximately five occasions Martyn has called depart-
ment heads and effectively recommended the trans-
fer of library personnel to other departments. He
personally prepares evaluations of all library person-
nel, including recommendations for specific salary
increases. He has authority to discipline or fire li-
brary employees without consulting higher authority.
He testified to two, instances in which he summarily
discharged employees.
Finally, Martyn assigns work to the library staff,
initials overtime and expenses, directs the prepara-
tion of a weekly work schedule, resolves grievances
without consulting the executive editor, frequently
attends supervisory meetings, and, in fact, recently
attended meetings concerning the development of a
supervisory training manual.
Based on the clear and uncontroverted evidence
that Martyn possesses and exercises all the powers
that are considered indicia of supervisory status, we
conclude that he must be excluded from the unit.
Newsroom supervisor: The Employer contends that
John J. Hanrahan, who has held the title of news-
room supervisor since 1966, exercises supervisory au-
thority over copypersons and for that reason should
be excluded from the unit.
There are nine full-time and seven part-time copy-
persons working in the newsroom. Copypersons are
assigned to the newsroom on staggered shifts
throughout the day. These shifts are rotated on a
weekly basis. Among their various duties copyper-
sons are responsible for removing wires from the tele-
type machines and delivering them to the appropri-
ate editors or departments; running errands inside
and outside the building; delivering editions of the
Bulletin and out-of-town papers 'to the editors and
news department; distributing newsroom mail; and
moving copy from one part of the newsroom to an-
other. In addition, a copyperson may be assigned at
particular times of the day to a desk or department.
For example, one copyperson is assigned during the
day to the picture desk and another copyperson is
assigned to the New Jersey desk.
The record reveals that Hanrahan prepares the
work schedule -and vacation schedule for copyper-
sons. He can also change the schedules or the assign-
ment of a particular copyperson if the need arises.
Hanrahan has authority to grant a day off, to call in
a copyperson, or to initial overtime on the
Employer's standard overtime card, as well as au-
thority to advance expense money to copypersons as
the expense is incurred. When the latter occurs, Han-
rahan submits an expense voucher for reimburse-
ment.
In addition, the record shows that Hanrahan pre-
pares written evaluations of all new copypersons and
that he plays ,a substantial role iii, the hiring of copy-
persons. Thus Hanrahan testified that he had inter-
viewed all the employees currently working as copy-
persons and' that to date the paper has always
followed his recommendation to accept or reject an
applicant. So far as Hanrahan is aware job applicants
are not interviewed by anyone other than'himself but
are sent directly to him, by personnel. Filially, Hanra-
han testified that he routinely , handles employee
grievances, that he has warned employees about defi-
ciencies in their 'performance, and that on the one
occasion when he recommended a discharge the indi-
vidual in question was terminated.
In view of this' record it is evident that Hanrahan
functions as a supervisor' and must be excluded from
the unit. Contrary to the Petitioner's contention, the
mere fact that newsroom editors or desk,chief or
other company personnel may exercise supervisory
authority over some copypersons for some part of the
day in no way detracts from thisconclusion.20
Makeup chief and deputy chief: The makeup de-
partment acts as a liaison between, the news depart-
ments and the composing room. Makeup is responsi-
ble for insuring that the paper is set up and printed in
20 Hanrahan works Monday through Friday from 6 a in. to 1.30 p.m., the
busiest part of the newsroom 's day. Before leaving in the afternoon Hanra-
han gives specific assignments to the copypersons who remain on duty In
Hanrahan 's absence copypersons would report to Assistant Managing Edi-
tor Murphy if a problem arose ; copypersons assigned by Hanrahan to a
particular desk such as the New Jersey desk or the picture desk would
receive immediate directions and assignments from the editor or desk chief
in those departments
BULLETIN COMPANY 353
accordance with news editors' instructions. As make-
up receives "dummies," news columns with notations
as to the placement and lengths of stories and pho-
tographs, from the news department, it "closes" the
pages which are then sent on to the composing room.
In addition to Makeup Chief Ernest Raum and De-
puty Howard MacDonald, there are three employees
working in the department.
The makeup department works from 5 a.m. to 5
p.m. on two shifts. The early shift is responsible for
the first three editions of the paper; the late shift is
responsible only for the last edition. Raum works the
early shift with three makeup editors, while his depu-
ty works the late shift alone.
There is some conflict in the testimony concerning
Raum's duties and responsibilities. Executive Editor
Davis testified that Raum makes up the work and
vacation schedules, assigns pages for "closing," ap-
proves overtime, signs overtime vouchers, and has
authority to resolve grievances. Howard MacDonald
testified, however, that he rather than Raum makes
up the schedules but only after informal discussion
and agreement among all makeup department em-
ployees. MacDonald also testified that assignments
in the makeup department are routine and that
makeup employees perform basically the same tasks
pursuant to the overall direction given by,the news
editors. Finally, MacDonald testified that he was un-
aware that Raum had resolved any grievances 21 and
that the news editor rather than Raum approved and
signed overtime slips. MacDonald also contradicted
Davis' testimony that he, MacDonald, generally fills
in, for Raum in the latter's absence.
The record does contain testimony that Raum has
signed evaluations of makeup department employ-
ees, although it is not clear that these contain any
specific recommendations. There is also testimony by
Davis that Raum has recently interviewed applicants
for a job in the makeup department and that Raum
would make the decision on hiring. In fact, however,
no applicant has ' yet been hired nor have there been
any hires in the recent past.
On the basis of this record, particularly in view of
the conflict in testimony concerning Raum's duties
and authority, we are unable to determine conclu-
sively whether or not the makeup chief possesses su-
pervisory status. Accordingly, we shall allow him to
vote under challenge. On the other hand, it is clear
that the deputy makeup chief possesses no indicia of
supervisory status.22 Thus MacDonald testified that
21 The one example Davis offered of Raum handling a "grievance" in-
volved an incident in which Raum complained about a composing room
employee to the managing editor. There is no contention that Raum exercis-
es any supervisory authority over composing room employees.
22 In fact MacDonald testified that he had never been told that his title
was "deputy makeup chief "
he works alone on the late shift and that he has no
responsibility for hiring, firing, or evaluating employ-
ees, or resolving grievances. Accordingly, we shall in-
clude the deputy in the unit.
Almanac editor: Adam Tait is the editor of the
Bulletin almanac and, is responsible for seeing that
the almanac is published at the end of each year.
There are two clerks assigned to the almanac staff.
Petitioner concedes that Tait has had "some in-
put" into the hiring of almanac employees and into
transfers by employees from other sections of the pa-
per to the almanac. However, the Petitioner main-
tains that the ultimate decisions to hire or transfer
were made by Tait's supervisors.
Contrary to the Petitioner's contentions, the record
indicates that Tait hired both almanac clerks after he
alone interviewed prospective job applicants. The
record also indicates that Tait assigns various tasks
to the two clerks and that he has authority to return
work to them if he is dissatisfied with it.
Based on the uncontroverted evidence of Tait's au-
thority to responsibly direct the work of his subordi-
nates, as well as the evidence of his exercise of other
indicia of supervisory authority, we conclude that the
almanac editor is a supervisor and must be excluded
from the unit.
Fixit editor: James Stanton is the editor of the fixit
department and is responsible for a consumer action
column that appears four times a week. The column
attempts to respond to inquiries from readers con-
cerning, problems the reader has encountered in deal-
ing with private business concerns and government
agencies.
In addition to Stanton there are three writers and a
clerical assigned to the fixit department Stanton tes-
tified that he has no responsibility for hiring, firing,
or disciplining any fixit department employee. He
does not prepare evaluations of fixit department em-
ployees, has not been consulted, about transfers into
the department, and is not aware of the salaries of
other fixit department employees. Although the Em-
ployer contends that Stanton "assigns" work, to fixit
department employees, the record indicates that any
assignments given are purely routine. In fact, at times
a clerical in the department "assigns" the work by
dividing the inquiries received by the department
into equal piles which are given to the writers who
then decide which inquiries to focus on as possible
copy for the fixit column.
In view of the lack of indicia of supervisory au-
thority, we shall include the fixit editor in the unit.
Entertainment editor and TV Time editor: The' Em-
ployer maintains that Entertainment Editor Robert
Sokolsky and TV Time Editor Joe Adcock are, super-
visors and must be excluded from the unit. Both of
354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
these editors report to Arts and Leisure Editor Don-
ald Harrison, a stipulated supervisor.
Sokolsky is basically responsible for copy appear-
ing on the entertainment pages and for the TV Time
magazine staff. The entertainment pages include crit-
ical reviews, feature stories, and some breaking enter-
tainment news.
Although it is evident from the record that the
working relationship between Sokolsky and employ-
ees in the entertainment department is generally re-
laxed and informal, nonetheless it is clear that Sokol-
sky can and does give assignments to both writers
and reviewers. Moreover, although Sokolsky testified
that there have been some personnel changes in the
entertainment department about which he was not
consulted, he also testified that in certain instances
his recommendations have been solicited and fol-
lowed. In addition, it is uncontroverted that as enter-
tainment editor Sokolsky has authority to return
copy to reporters and to tell them to rewrite it; he has
authority to authorize overtime and he has signed
overtime vouchers; he schedules vacations for em-
ployees in the entertainment section; and he attends
supervisory meetings, including the meetings at
which the supervisory manual was developed.
As this record shows that Sokolsky possesses and
exercises supervisory authority we shall exclude him
from the unit.
TV Time is a Sunday magazine which contains
listings of local television programs as well as feature
stories about television personalities. In addition to
TV Time Editor Joe Adcock the magazine staff con-
sists of a feature writer and three employees who
compile the magazine's television program listings.
Adcock testified that he does not give assignments
to feature writer and television critic Rex Pokier.
Rather Polier tells Adcock what is timely and togeth-
er they decide which feature story will run. If Polier
and Adcock disagree about a feature story, the latter
would go to Entertainment Editor Sokolsky for a de-
cision. Adcock also testified that he does not assign
overtime, has never been involved in evaluating em-
ployees, handling grievances, or discipline, and has
no part in scheduling the work of any of the TV Time
employees. In fact, it appears from the record that
the three employees who compile the television list-
ings work essentially without any direction from Ad-
cock.
In the absence of evidence that Adcock possesses
or exercises any indicia of supervisory authority or is
in any sense charged with the responsible direction
of employees on the TV Time staff, we shall include
him in the unit.
Picture editor and manager of the photo depart-
ment: There are 18 photographers and 1 desk assis-
tant assigned to the picture desk. Robert A. Brothers
is the picture editor. Chick Elfont, the manager of the
photography department, reports to Brothers.
The picture desk provides pictures for every sec-
tion of the paper. An editor initiates a picture for his
section by filling out a photo assignment form which
he submits to Brothers, who gives the form to Elfont.
Elfont in turn gives the assignment to a photogra-
pher.
Brothers shares with the news editors the responsi-
bility for deciding which news- stories require pic-
tures. After the pictures are taken, Brothers decides
which ones will run in the news pages 23 Brothers has
authority to direct a photographer to reshoot an as-
signment if he is dissatisfied with the first set of pic-
tures.
The record also indicates that Brothers is solely
responsible for preparing evaluations of photo desk
employees. Brothers was told by the executive editor
that he, Brothers, would have the final decision as
regards hiring a new photo desk assistant and Broth-
ers has been interviewing candidates for the job. In
the 4 months that he has been picture editor there
has been no need to hire a new photographer but
Brothers on his own initiative and authority promot-
ed a darkroom assistant to full-time photographer
and transferred a copy assistant to the darkroom job.
Brothers has a copy of the supervisory manual and
he attends the afternoon meetings of department
heads.
Based on the record it is evident that Brothers is
charged with the responsible direction of photo de-
partment employees and that he otherwise exhibits
the indicia of supervisory status. Hence we shall ex-
clude the picture editor from the unit.
Picture Editor Brothers testified at some length as
to the job functions and responsibilities of the man-
ager of the photo department. Brothers testified that
Elfont has a separate office in the photo department,
gives assignments to the photographers, prepares
schedules, and has been delegated authority to initial
overtime vouchers which are then passed on to the
executive editor for approval. Brothers also testified,
however, that Elfont is not consulted' with respect to
any evaluation or other personnel actions concerning
the photographers. Brothers also testified, and the
record indicates, that scheduling work hours is large-
ly routine and flexible. The same is true of overtime,
inasmuch as the photographers understand before-
hand that they will receive overtime when necessary
to cover an assignment.
It is apparent from Brothers' testimony and from
the record as a whole that Elfont does not initiate
23 Brothers ' decision may be overruled by the news editor
BULLETIN COMPANY 355
assignments to the photographers but rather acts as a
conduit passing on the assignments given by Broth-
ers and other editors. It is apparent that Elfont is not
responsible for the quality of the staff photographers'
work. Under these circumstances we conclude that
Elfont is not charged with the responsible direction
of photo desk employees and possesses none of the
indicia of supervisory status. Accordingly, we shall
include the manager of the photo department in the
unit.
Assistant Discover editor: Jack Wilson, a stipulated
supervisor, is editor of Discover, a weekly rotogra-
vure supplement of the Bulletin. In addition to Wil-
son and Assistant Editor Wayne Robinson there are
four full-time employees and one part-time employee
on the Discover staff.
There is little specific testimony concerning Rob-
inson's day-to-day job duties. On occasion Robinson
has been given responsibility for so-called "empha-
sis" issues of Discover whereby the magazine is de-
voted primarily to a single topic. It appears, however,
that any assignments Robinson has made in connec-
tion with an emphasis issued have been primarily to
freelance stringers or have been cleared in advance
with Wilson.24
It is uncontroverted that Discover Editor Wilson
ordinarily schedules work hours and assignments,
handles Discover employee grievances, and prepares
employee evaluations, all with little or no input from
Robinson. The Employer submits, however, that
Robinson is a supervisor primarily because he fills in
for Wilson during the latter's vacation.
Based on the record before us we find no evidence
that Robinson, in the course of his duties as assistant
Discover editor, possesses or exercises any indicia of
supervisory authority. Nor do we find that Robinson
possesses supervisory status merely because on occa-
sion he substitutes for Wilson. Such sporadic substi-
tution for a supervisor is not of itself sufficient to
give Robinson supervisory status.25 Accordingly, we
shall include Robinson in the unit.
Assistant sports editor: Jack Chevalier was promot-
ed recently from sports writer to assistant sports edi-
tor. He works from midnight to 8 a.m. 4 days a week
and from 5 p.m. to 1 a.m. on Saturdays. The former
assistant sports editor did not work nights. When
Chevalier was approached about the assistant sports
editor position, he suggested a change in the hours so
that the assistant sports editor would function in ef-
fect as night sports editor. Sports Editor Herbert
24 Apparently Robinson circulates a memorandum detailing as specifical-
ly as possible his proposals in the issue, all of which must be approved by his
superior before he moves to implement them
s See E W Scripps Company, 94 NLRB 227, 228 (1951), Gordon Mills.
Inc, 145 NLRB 771, 775 (1963)
Stutz, a stipulated supervisor, works from 8:15 a.m.
to 5:15 p.m.
There are three employees assigned to the night
shift along with Chevalier: a rewrite man, a layout
man, and an employee who handles the agate type,
the summaries, and some short articles. Chevalier
spends 90 percent of his time writing headlines for
sports stories and editing sports copy.
Chevalier is responsible for sports copy for the first
edition of the paper. He has authority to direct a
sports writer to rewrite a story and he has authority
to change a reporter's assignment so as to cover late
breaking sports news. Chevalier and the sports editor
prepare the weekly work schedules and Chevalier has
interviewed prospective candidates for the sports de-
partment. Stutz testified that Chevalier interviewed
the two applicants for the position of hockey reporter
and that Chevalier's recommendation was followed.
Chevalier testified that he has directed sports de-
partment employees to work overtime, although he
did not personally sign their overtime vouchers. Che-
valier also testified that he has been told that he has
authority to authorize expenses. Finally, Chevalier
testified concerning his role in the hiring of the new
hockey writer and he testified to his belief that no
one would be hired for the sports department over
his objection.
As this record demonstrates Chevalier's authority
to responsibly direct sports department employees,
as well as his involvement in the hiring of new per-
sonnel, we conclude that Chevalier is a supervisor
and must be excluded from the unit.
Financial editor and real estate editor: Financial
Editor Newman and Real Estate Editor Berrens re-
port to Economic News Editor Joel Whitaker, a sti-
pulated supervisor.
In addition to Newman there are four employees
who are involved in writing and preparing financial
news copy. There is also one employee who spends
50 percent of her time writing financial news and 50
percent of her time working on real estate copy. This
writer is the only employee, other than Berrens, who
works on real estate news. It is uncontroverted that
Newman and Berrens devote the bulk of their time to
writing and editing copy for their respective columns.
Whitaker testified that employees in the financial
and real estate sections would come to him with their
grievances; that he alone prepares evaluations of em-
ployees in these sections; that he alone has authority
to initial expense vouchers and to forward them to
the executive editor; and that he alone would make
decisions on hiring or firing for the economic news
department. He also testified that Newman substi-
tutes for him during his occasional absences from the
office and he indicated that Newman will be asked to
356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
"sit in" on interviews if the paper decides to hire a
new reporter. With respect to Newman's power to
make effective recommendations on hiring, Whitaker
also testified that any recommendation made by
Newman would be sent on to the paper's manage-
ment "if I concur in the recommendation." Finally
Whitaker testified that both Newman and Berrens on
occasion give assignments to reporters. '
Based on the record before us we find that neither
Newman nor Berrens exhibits indicia of supervisory
authority and, therefore, we conclude that both of
them should be included in the unit. With respect to
the testimony concerning Newman's authority to
substitute for Whitaker during the latter's vacation,
we conclude that the exercise of any supervisory au-
thority by Newman on these occasions is too sporad-
ic to warrant a finding of supervisory status for New-
man. As for the testimony that Newman and Berrens
have occasion to assign work to reporters, we note
that it appears from the record that the two or three
reporters in the economic news department have well
established "beats" and for the most part their as-
signments appear to fall routinely within these beats.
There is also some indication in the record that near-
ly all story ideas and assignments, whether they origi-
nate with one of the reporters or with one of the
editors, must be cleared by Whitaker. Accordingly,
we conclude that Whitaker alone is charged with the
responsible direction of employees in his department.
Fashion editor: Fashion Editor Phyllis Feldkamp
reports to Feature/Focus Editor Harry King. On a
regular basis only one part-time employee is assigned
to fashions I day a week. Three or four times a year
Feldkamp is responsible for a special fashion section
and may have additional part-time help assigned to
her. The parties agree, however, that none of the
part-timers hired in connection with these special is-
sues should be included in the unit.
Although the Employer maintains that Feldkamp
was "instrumental" in hiring the regular part-time re-
porter, it appears that the decision to hire was made
by the executive editor who recalled interviewing the
part-timer but was unsure whether this took place
before or after Feldkamp's recommendation. There
is testimony that Feldkamp gives assignments to the
part-timer and "reads her copy." However, the testi-
mony is sketchy as to how often such assignments
are made or whether such assignments are cleared
with Feature/Focus Editor King. Moreover, it is un-
clear whether Feldkamp has authority to return work
to the part-time reporter.
On this record we are unable to determine Ms.
Feldkamp's status. We shall, therefore, permit her to
vote under challenge.
Food editor: At the time of the hearing the incum-
bent food editor, Kathy Hacher, was scheduled to be
transferred to another section of the paper. In addi-
tion to Hacher, there are two part-time employees
assigned to the food section several days a week.
Hacher testified that she has never been told that
she has authority to alter the part-timers' schedule or
to ask them to work an extra day. If a question along
those lines came up Hacher would consult her superi-
or, Harry King. King is also responsible for approv-
ing overtime and expenses for the part-timers. The
part-timers would go to King with any grievances
they might have. Hacher has had no formal involve-
ment in preparing evaluations of the part-timers, al-
though on occasion King has asked her for an opin-
ion of their work. Hacher does not know the salaries
earned by the part-timers and does not have a copy
of the supervisory manual.
On the other hand there is testimony that Ms.
Hacher does assign work to the two regular part-time
employees and that she has authority to review their
work and to return it to them if she is dissatisfied
with it. It also appears that Ms. Hacher initially in-
terviewed one of the part-timers and recommended
her hire. Finally, the Employer notes that Ms.,Hach-
er was consulted about a successor as food editor
and the Employer maintains that Hacher's recom-
mendation of one of the part-timers will be followed.
We find the evidence of Hacher's status is incon-
clusive. In view of this, and in view of the fact that
Hacher has apparently been replaced or will shortly
be replaced, we shall allow the employee holding the
title of food editor at the time of the election to vote
under challenge.
B. Managerial Issues
Assistant editor of the editorial page, editorial writ-
ers, Bulletin forum editor, opinion and review page edi-
tor: The editor of the editorial page, John C. Mc-
Cullough, is a stipulated supervisor and hence
excluded from the unit. Willis Harrison is the assis-
tant editor of the editorial page. There are four full-
time editorial writers, the forum editor, the opinion
and review page editor, and several full-time and
part-time clericals in the editorial department.
The Employer asserts that Harrison, the editorial
writers, and the forum and opinion and review page
editors are managerial employees and thus outside
the coverage of the Act. The Employer contends that
Harrison is also a supervisor within the meaning of
the Act and must for that reason be excluded from
the unit.
The editorial page staff is responsible for both the
editorial page and the adjoining opinion and review
page known as the "op-ed" page. McCullough testi-
BULLETIN COMPANY 357
lied that as editor of the editorial page he is responsi-
ble for handling the editorial department's budget
and for all personnel matters involving the editorial
staff. McCullough also supervises the actual prepara-
tion of the paper's editorials.
According to McCullough, the typical editorial de-
partment workday begins with an early morning
meeting between himself and Assistant Editor Harri-
son. At this meeting McCullough discusses with Har-
rison a number of topics for potential editorials. In
instances when McCullough is considering an edito-
rial on a subject that he believes of "major" impor-
tance, he will have previously consulted with the Bul-
letin's editor-publisher, William L. McLean III.
At 10 a.m. there is a conference of the editorial
writers, usually chaired by McCullough or, in Mc-
Cullough's absence, by Harrison. The editorial writ-
ers are informed of the topics previously discussed
between McCullough and Harrison. In addition,
each editorial writer is encouraged to suggest other
topics for possible editorials and to indicate the posi-
tions that he believes the paper should take. There is
general discussion of all the topics suggested and, ap-
parently more or less by consensus, a decision is
made as to whether or not an editorial should be
written on a particular issue. According to McCul-
lough, there is considerable give-and-take in these
sessions and the editorials that finally appear tend to
reflect a group effort. It also appears to be the usual
practice for editorial writers to select their own as-
signment , although McCullough testified that at
times an editorial writer will be given a topic ' even if
the writer indicates that he would prefer to write on
some other subject.
Once an editorial is written it is edited either by
McCullough or by Harrison. After it is edited, the
editorial is sent to the composing room to be put into
type and a galley proof is sent to Editor-Publisher
McLean who has "final say" over all editorials. After
the editor-publisher returns his copy of the editorial
with his changes, if any, the editorial staff prepares a
"dummy" of the next day's editorial page, including
both the editorials and the forum section. The dum-
my page is sent to Editor-Publisher McLean for final
approval.
Forum Editor Barbara Murphy reads all the letters
that come to the editorial department and selects
from among them the letters that are of current gen-
eral interest . Murphy also lays out the forum section
of the page and decides both the placement of the
letters and the letters that will be accompanied by
photographs, cartoons, or other graphics. On occa-
sion Murphy also writes editorials.
McCullough testified that the editorial department
does have certain general rules concerning the length
and content of letters that may be used. He also indi-
cated that Murphy has been forum editor for a rela-
tively brief period and therefore he tends to review
her selections rather more carefully than might other-
wise be true.
Gordon Whitecraft is 'the paper's opinion and re-
view page editor. Whitecraft reads 20 or more col-
umns a day-most of them nationally syndicated-
and selects the columns which will run on the op-ed
page. McCullough testified that the basic purpose of
the opinion and review page is to present the reader
with the greatest possible variety of views.26 If White-
craft had any question about including a column, he
would discuss the column with either McLean or
McCullough. Either one of them could order White-
craft' to "pull" a column out of the page, although
McCullough could not recall an occasion when this
occurred. In addition to selecting columns for the
page, Whitecraft makes up the page and decides the
graphics that will be included on the page.
The Board, with court approval," has defined
managerial employees as those employees who for-
mulate and effectuate management policies by ex-
pressing and making operative the decisions of their
employer, and those employees with discretion in the
performance of their jobs independent of their
employer's established policy. Contrary to the Em-
ployer, we conclude that with the possible exception
of the editor of the editorial page,28 the members of
the editorial staff whose duties we have outlined
above are not managerial employees.
As for the claimed managerial status of the assis-
tant editor of the editorial page and of the editorial
writers, we find this claim undercut by the uncontro-
verted testimony of Editorial Editor McCullough
that the editorial page, in effect, "belongs" to Editor-
Publisher McLean. The record in this case clearly
demonstrates that Editor-Publisher McLean, either
in person or through Editorial Editor McCullough,
directs and oversees on a regular daily basis the prep-
aration and publication of the Bulletin's entire edito-
rial page. Thus most proposed editorial topics origi-
nate with McCullough; 29 "major" proposed editorial
topics are initially cleared with McLean by McCul-
26 According to McCullough it is not the Bulletin's policy to run a partic-
ular column on a particular day of the week.
27 See N L R B. v Bell Aerospace Company, Div of Textron, Inc, 416 U S
267 (1974), and cases cited therein
28
Already excluded from the unit as a supervisor within the meaning of
the Act
29 Although the assistant editor of the page and the editorial writers have
some input in suggesting topics, we do not find this sufficient to warrant a
finding of their managerial status As McCullough indicated in his testimo-
ny, it is apparent that many if not most editorials are routinely called for in
light of current local or national news events. It is equally apparent that the
decision to publish or not publish an editorial belongs to McCullough and
ultimately to McLean. It is also clear that editorials on "major" topics
Continued
358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lough prior to, the editorial department's morning
conference; at several stages in the actual prepara-
tion of an editorial McLean reviews and revises the
proposed editorial; 30 and, finally, no editorial is pub-
lished without McLean's final approval of the edito-
rial and the editorial page and op-ed page as a whole.
Accordingly, we conclude that neither the assistant
editor of the page nor the editorial writers are im
bued with the authority or discretion that would
mark them as managerial employees. We shall, there-
fore, include them in the unit."
We also reject the contention that the forum editor
and the opinion and review page editor are manage-
rial employees. Even were we to adopt the contention
that selecting letters to the editor or syndicated col-
umns for inclusion in the paper is a managerial func-
tion, we would conclude on this record that the dis-
cretion exercised by the forum and opinion and
review, editors is so circumscribed by existing Bulle-
tin policy and by the need for final clearance from
McCullough and McLean as to negate a finding that
either Murphy 'or Whitecraft is a true representative
of management. Hence, .we shall include both the fo-
rum and the opinion and review editor in the_unrt.
Associate editor, Sunday editor, news editor, assis-
tant news editors: The Employer submits that all of
these employees must be excluded as both manageri-
al and supervisory employees.
Claude Aubrey Lewis has been the Bulletin's asso-
ciate editor for the past 2 years. Lewis reports direct-
ly to the editor-publisher or the executive editor.
Lewis testified to a number of duties and responsibil-
ities as associate editor. For' example, he is one of
four individuals who regularly interviews prospective
reporters.32 He'also acts as the paper's "ombudsman"
in which role he seeks to resolve problems brought to
him by various newsroom, employees.33 Until a recent
reorganization at the paper Lewis frequently was one
of the editors who served as Sunday editor on a re-
volving basis. Currently, Lewis has been charged
which the Bulletin wishes to address receive particularly close scrutiny by
both McCullough and McLean.
30 McCullough testified to instances when McLean dealt directly and at
length with individual editorial writers on a particular editorial
3 We also reject the Employer's contention that Assistant Editor Harri-
son should be excluded as a supervisor The sole basis for this contention is
that Harrison substitutes on occasion for McCullough. The record fails to
indicate that such substitution is other than sporadic and, in the absence of
any evidence of other indicia of supervisory authority possessed by Harri-
son, we shall include him in the unit
32 The other three are the executive editor, the managing editor, and the
metropolitan editor Of the 10 or so reporters hired during his tenure as
associate editor , Lewis interviewed 7 or 8 and his recommendations con-
cerning these individuals appear to have been followed without exception
33 Lewis testified that recently a reporter approached him and indicated
that he was considering a job offer at a higher salary Lewis believed that
the reporter was a valuable employee and recommended to the executive
editor a specific salary raise for this individual The raise was granted imme-
diately
with improving the metro section of the paper. He
testified that he will be submitting to the executive
editor and the editor-publisher specific proposals for
revising the coverage of the metro sections and will
recommend changes in personnel and in operating
procedures on the metro desk.
Lewis testified that he also acts as a monitor over
the paper's minority hiring- practices; that he fre-
quently makes public appearances and speeches on
behalf of the paper; that he is involved with evaluat-
ing students who participate in the Bulletin's summer
intern program; and thatrhe is regularly consulted by
the executive editor and the editor-publisher on a
variety of policy matters involving the minority com-
munity as well as various personnel, matters .34 Lewis
attends the daily meeting of department heads and
chairs the meeting in the executive editor's ' absence.
Lewis_ is one of four newsroom executives who at-
tends ' the occasional special meetings held by the
publisher during which community leaders seek to
win the, Bulletin's endorsement of their organizations
or activities. In ' addition, Lewis attends the
publisher's weekly luncheon for executives. -
As this description of Lewis' duties demonstrates,
the position of associate editor is one that necessarily
involves its incumbent in the formulation and imple-
mentation of the paper's policy decisions. Thus, for
example, it has fallen to Lewis to effectuate the
Bulletin's decision to'upgrade its metro operation. As
Lewis testified, it has been and will continue to be his
responsibility to, recommend to the executive editor
and the editor-publisher changes in coverage and
emphasis, in personnel, and in operating procedures
on the metro desk that will lead to the realization of
the paper's goals for the metro edition.
In light of our findings with regard to Lewis' role
in policy matters we conclude that he is a managerial
employee and must for that reason be excluded.35
Nick Nagurny has been the Bulletin's Sunday edi-
tor for the past year. Prior to Nagurny's promotion
the Bulletin designated a different editor each week
to serve as Sunday editor for that week. It appears
that under this system the Sunday editor's primary
responsibility was laying out the Sunday edition
news pages. However, since Nagurny's promotion
the Bulletin has been implementing fundamental
changes in its method of putting together the Sunday
paper.36 The Bulletin submits that Nagurny currently
34 The editor-publisher solicited Lewis ' recommendation for the position
of executive editor as well as his recommendations on the national colum-
nists that the Bulletin should carry
35 In view of this conclusion we find it unnecessary to pass on the ques-
tion of whether or not Lewis is a supervisor within the meaning of the Act
36 In fact the Employer asserts that this reorganization of the Sunday
paper was instituted as a result of a comprehensive policy memorandum
presented by Nagurny to the publisher and other top executives of the pa-
per.
BULLETIN COMPANY
functions as executive editor of the Sunday paper
and is in complete charge of that edition. According-
ly, the Bulletin maintains that Nagurny must be ex-
cluded from the unit as both a managerial and a su-
pervisory employee.
Nagurny reports directly to the paper's executive
editor. During the week prior to Sunday Nagurny
decides which of the stories presented to him by the
various department heads will be used in the Sunday
paper. Nagurny reviews wire copy and decides if it
can be used for the Sunday edition and he has au-
thority to contract with the wire services. for addi-
tional special stories. If there is late breaking news on
Saturday Nagurny can call in additional reporters.
Nagurny personally lays out the news sections of the
Sunday edition. Unlike a news editor, Nagurny is
responsible for every part of the paper.
In connection with his responsibility for selecting
stories for the paper Nagurny chairs several weekly
meetings attended by the editors of the news depart-
ments. In a memorandum to these editors Nagurny
recently announced a new policy of using one of
these meetings for planning stories for the Sunday
paper as far as 3 weeks in advance rather than merely
for the next week's paper. Nagurny also chairs a
weekly meeting with the directors of the promotion
and circulation departments at which plans are for-
mulated for long range advertising and promotions
for the Sunday paper.
On this record we conclude that Nagurny's job du-
ties and responsibilities clearly identify him as a
managerial employee who must be excluded from the
unit 37
Preston Innerst is the Bulletin's news editor and
has the responsibility of deciding which stories will
be included in the paper's news sections. The Bulletin
also employs four assistant news editors. The Em-
ployer maintains that Innerst and the assistant news
editors are managerial and supervisory employees.
At the daily 4:45 p.m. meeting of department
heads Innerst is given a "tout" sheet or listing of sto-
ries that are being prepared for the next day's paper.
He is also given the copy that has been written up to
that time. Between 5 and 7 p.m. two assistant news
editors begin work and receive copy as it becomes
available. These assistant or night news editors make
some initial decisions as to the newsworthiness of the
copy they have seen and they begin to lay out the
paper's "inside" pages.38
37 See The Peoria Journal Star, Inc, 117 NLRB 708 (1957)
In its brief Petitioner addressed itself only to the contention that Nagurny
should be excluded as a supervisory employee As we have found that the
Sunday editor should be excluded by reason of his status as a managerial
employee , we find it unnecessary to pass on the issue of his possible status
as a supervisor
38 Everything other than the front section of the paper
359
At I a.m. a morning assistant news editor arrives
and reviews the work done by the night assistant
news editors. The morning man may make changes
in the inside pages to accommodate later breaking
stories or more recently available copy. The morning
man will also begin to lay out the front section of the
paper.39
Innerst arrives at 7 a.m., examines the entire plan-
ned first edition, and decides, on any changes before
the first edition goes to press. Innerst himself puts
together the remaining four editions of the Bulletin.
The Employer maintains that the news editor and
the assistant news editors are managerial employees
because by deciding the placement of stories they
determine the look of the Employer's product. Al-
though concedely a, news editor's job requires a high
degree of journalistic skill and experience, we con-
clude that a news editor's function is not one that
marks him as a managerial employee. In this regard
we think it clear that decisions as to (1) the newswor-
thiness of a news story, and (2) the actual placement
of the story in the news section of the paper cannot
be described as "policy" decisions. Rather, such deci-
sions reflect a purely journalistic judgment as to the
probable importance of a particular story to the
paper's readership and a technical judgment as to the
best placement of the story in the news section so as
to insure that the story comes to the reader's atten-
tion. Accordingly, we conclude that neither Innerst
nor the four assistant news editors are managerial
employees.
However, because the record clearly establishes
that News Editor Innerst possesses and exercises in-
dicia of supervisory authority over the four assistant
news editors, we shall exclude Innerst from the unit
as a supervisory employee. In this regard we note
that there has been one assistant news editor vacancy
during Innerst's tenure as news editor and it was
filled by the promotion and transfer of an employee
from the copy desk following Innerst's recommenda-
tion. We also note that Innerst evaluates the assistant
news editors and makes specific recommendations
for salary increases for them; schedules their hours
and schedules and approves their overtime; approves
expense vouchers; and reviews and approves the
paper's first edition which is largely their work prod-
uct. Finally, unlike the assistant news editors, Innerst
does not receive overtime; he attends meetings of the
department heads that are not open to the general
staff, including meetings concerned with developing
a new supervisory manual; and he possesses a copy
of the current supervisor's manual.
On the other hand, we find no support in the rec-
39 The assistant news editors rotate on the night and morning shifts
360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ord for the Employer's contention that each assistant
news editor 'possesses supervisory authority and must
for that reason be excluded from the unit. There is no
evidence that any of the assistant news editors have
any authority to evaluate, hire, fire, discipline, or re-
solve the grievances of other Bulletin employees.
Moreover, although the Employer suggests that
whoever is acting as the morning assistant news edi-
tor on a particular day reviews the work of the two
night assistant news editors and may change their
placement of stories, it is clear from the record that
changes made by the morning assistant news editor
are largely caused by the availability of new copy
and the' need to accommodate late breaking and
more important news stories. In no sense, however, is
the job function of the morning assistant news editor
that of a supervisor checking and correcting the work
product of subordinates. Finally, although one of the
assistant news editors may -substitute for Innerst
when the latter is on vacation or leave, any exercise
of supervisory authority during such periods is clear-
ly sporadic and intermittent and hence is not -suffi-
cient to warrant a finding of supervisory status. Ac-
cordingly, we shall include the assistant news editors
in the unit.
C. Confidential Employees; Part-time Employees;
Correspondents
The Employer maintains that the secretary to the
editor of the editorial page, the secretary to the man-
aging editor, and the newsroom auditor must all be
excluded from the unit as confidential employees.
The Employer contends that the secretary to the edi-
tor of the editorial page must also be included as a
supervisory employee.
McCullough, the editor of the editorial page, ac-
knowledged that his secretary, Claudia Smith, nei-
ther prepares nor has access to memoranda concern-
ing the salaries of employees in the editorial
department. He further testified that he could recall
no instance when Mrs. Smith was called upon to type
any memoranda concerning any grievance or other
personnel matter involving editorial page employees.
The Board defines as confidential employees those
employees who assist and act in a confidential capac-
ity to persons who formulate-, determine, and effectu-
ate management's policies in the field of labor rela-
tions.40 Nothing in this record warrants a finding that
Mrs. Smith acts in such capacity. In fact, although
the editor of the editorial page is a stipulated supervi-
sor, there is little in this record to indicate that the
editorial editor has any substantial involvement in
40 The B F Goodrich Company, 115 NLRB 722, 724 (1956)
formulating, determining, or effectuating labor rela-
tions'policy. Accordingly, we find no basis for ex-
cluding his secretary as a confidential employee.
Nor do we find any basis for excluding Mrs. Smith
as a supervisor. In this regard we note that McCul-
lough testified that he considered Mrs. Smith a su-
pervisor over'one clerk-typist in the editorial depart-
ment because he routinely gave assignments to the
clerk-typist "through" Mrs. Smith. McCullough also
testified that he assumed, although he did not know
as a fact, that Mrs. Smith reviewed the clerk-typist's
work. Finally, McCullough testified that before he
prepared a fitness report on the clerk-typist he solic-
ited Mrs. Smith's opinion of her performance. It does
not appear, however, that Mrs. Smith had any formal
involvement in preparing the evaluation report nor
does it appear that she made any specific recommen-
dation on a salary increase or promotion that was
acted upon.
As indicated previously, we find no basis on this
record for excluding Mrs. Smith as': supervisory em-
ployee. Neither the fact that McCullough used Mrs.
Smith as a conduit for assigning work to the clerk-
typist, nor the fact that McCullough may have asked
Mrs. Smith for an assessment of the clerk-typist's
performance is sufficient to clothe Mrs. Smith' with
indicia of supervisory authority. Accordingly, as we
have concluded that Mrs. Smith is neither a confi-
dential employee nor a supervisor, and as there ap-
pears to be no other ground for her exclusion, we
shall include her in the unit.
Estelle Delonis is the secretary to the Bulletin's
managing editor. On occasion Mrs. Delonis also does
some typing for the paper's executive editor, for the
associate editor, and for the sports department.
Mrs. Delonis testified that as secretary to the for-
mer managing editor, who was replaced recently by
George Kentera, she did not handle any confidential
materials nor was she given access to, or responsibil-
ity for, any personnel records of any kind. She also
testified that she was not authorized to open any mail
marked "personal" or "confidential" and that any
such mail that crossed her desk was placed unopened
on the managing editor's desk. Finally, Mrs. Delonis
testified that all the typing that she did forthe execu-
tive editor and the associate editor concerned purely
routine correspondence, wholly unrelated to any per-
sonnel or confidential matters. '
Mrs. Delonis' testimony was substantially contra-
dicted by the testimony of Managing Editor Kentera
and Executive Editor Davis, both of whom indicated
that Delonis had access to and handled confidential
material relating to labor relations matters 41
41 For example , Mr Kentera testified that he maintains files on the job
performance of newsroom employees and that Mrs Delonis has access to
BULLETIN COMPANY
On this record we are unable to resolve the con-
flicting testimony concerning Mrs. Delonis' duties.
Accordingly, we shall allow Mrs. Delonis to vote un-
der challenge.
Joseph Flamini is the newsroom auditor. Flamini's
job entails monitoring the nonstaff budget, including
the payment of bills presented by the news services,
and collecting information concerning the expendi-
tures of each of the paper's several departments. This
information is furnished to management and pro-
vides a basis for formulating the next budget. In ad-
dition to these duties Flamini writes a weekly column
for the paper.
Executive Editor B. Dale Davis conceded that
Flamini would not have occasion in his work to use
records that contain employee evaluations; that
Flamini is not consulted about salary increases and
would not have any prior knowledge that an increase
had been granted; that Flamini does not know the
individual salaries of staff members but only the
gross figures for an entire department; and that
Flamini is not involved in the actual issuance of pay-
roll checks. The testimony also establishes that Flam-
ini plays no part in the actual preparation of a new
budget but rather is responsible only for gathering
background information and compiling statistics
which the executive editor and management use as a
basis for formulating the budget.
On the record before us we find that Flamini is not
a confidential employee and we shall include him in
the unit.42
The Bulletin employs approximately 35 part-time
employees. These individuals work as reporters, re-
write people, copypersons, or clerks. The testimony
reflects that there is no difference in the duties per-
formed by the part-time employees and by full-time
employees in the same classifications. The part-time
employees work under the same supervision as do
full-time employees and receive the same wage rates.
However, they are not entitled to the fringe benefits
enjoyed by full-time employees.
those files He also testified that he has used Mrs Debris to transmit labor
relations matters , including information about the Petitioner, to the atten-
tion of the executive editor . On the other hand, he conceded that to date he
has personally typed his evaluations of new hires and Mrs . Deloms has
played no part in this. Moreover, although Kentera initially testified that
Mrs. Deloms did all his filing, he later acknowledged that she has "up to the
present time" not had occasion to maintain the files dealing with personnel
evaluations and salary matters
42 In support of its contention that Flamini should be excluded as a confi-
dential employee the Employer relies on our decision in The Chicago Daily
News, Inc., 56 NLRB 274 (1944), excluding an "editorial auditor" from the
unit found appropriate therein In that case , however, the individual exclud-
ed was not only an auditor but was also the managing editor 's secretary As
such he was involved in salary changes , he discussed hiring, discharges, and
salary increases with the managing editor , and he interviewed certain appli-
cants for employment and effectively recommended their hire None of
these factors is present in the instant case
361
Petitioner urges that all the paper's part-time em-
ployees should be included in the unit. The Employer
declined to take a position on the inclusion or exclu-
sion of part-time employees but indicated that it pre-
ferred to leave it to the Board to determine the eligi-
bility of part-time employees.43
Although evidence is lacking concerning the spe-
cific work records of individual employees in the
group, it does appear that some of the part-time em-
ployees of the Employer have substantial histories of
employment. Thus the paper's executive editor testi-
fied that some of the part-time employees have been
employed for a considerable period of time stretch-
ing over "a great number of months or even longer."
He also indicated that the paper has an ongoing need
for part-time help and that it is the paper's policy to
recall or rehire part-time employees who have been
used in the past. Finally, he testified that to his
knowledge most of the current part-time employees
are regularly scheduled to work a full 7-1/2 hour
workday at least once a week, and commonly are
scheduled to work the same day or days of the week
each week.
On this record, and particularly in view of their
common supervision, work duties, and similar wage
rates, we conclude that the Employer's regular part-
time employees share a community of interest with
full-time employees. Accordingly, those employees
who have worked a minimum of 15 days in the calen-
dar quarter preceding the eligibility date and who
have not been terminated for cause or voluntarily
quit are regular part-time employees as the Board
customarily uses that term and we shall include them
in the unit.4
The Petitioner claims that some 14 correspondents
who contribute stories to the paper are employees of
the paper and should be included in the unit. The
Employer maintains that these correspondents are
not employees within the meaning of Section 2(3) of
the Act and hence cannot be included in the unit.
The record discloses that most of the Bulletin's
correspondents or "stringers" merely phone in police
or accident reports, or call an editor or one of the
desks with a suggestion for a story and inquire if the
paper is interested. There is testimony that in in-
stances when an assignment is given to a correspon-
dent the correspondent remains free to turn down the
assignment without jeopardizing his chances for fu-
ture assignments.
The record also indicates that stories by correspon-
dents appear in the paper on an irregular basis. Thus
43 The parties stipulated that participants in the school-work program
should be excluded from the unit
44 Scoa, Inc, 140 NLRB 1379, 1381-83 (1963), see also Daniel Ornamental
Iron Co, Inc, 195 NLRB 334 (1972), Manncrafi Exhibitors Services, Inc,
212 NLRB 923, 924 (1974)
362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
some correspondents have stories in the paper sever-
al times a week while others have a story appear once
a week or less. Although the paper uses some corre-
spondents because of their geographic location, most
of the correspondents are not confined to any geo-
graphic area of coverage. Correspondents are given a
byline that distinguishes their work from that of the
regular Bulletin staff. With few exceptions, corre-
spondents use the bureau offices merely to transmit
their stories to the paper, and most of the correspon-
dents have other jobs and contribute stories to news-
papers other than the Bulletin. Finally, the record
indicates that correspondents are paid only on a per
story basis and receive none of the fringe benefits
enjoyed by staff reporters.
Based on this record, we conclude that the
Bulletin's correspondents are not employees within
the meaning of the Act.45 Accordingly, we shall ex-
clude them from the unit.
45 See The Peoria Journal Star, Inc, 117 NLRB 708 (1957), Plainfield
Courier-News Co, 95 NLRB 532 (1951), Greensboro News Company, Inc, 85
NLRB 54 (1949) See also Boston After Dark, Inc, 210 NLRB 38 (1974)
We find the following unit appropriate for collec-
tive bargaining:
All full-time and regular part-time employees in
the Bulletin Company's editorial and news de-
partments at its 30th Street facility in Philadel-
phia, and employees working in New Jersey,
Pennsylvania, Delaware, and Washington, D.C.;
excluding managerial employees, guards, and
supervisors as defined in the National Labor Re-
lations Act, as amended.
[Direction of Election and Excelsior footnote omit-
ted from publication.]
Member Fanning would allow the 14 correspondents to vote subject to
challenge As stated in his dissent in Boston After Dark, supra, where corre-
spondents make regular contributions to a publication so as to become an
essential element of the employer's reportorial effort, he would find them to
be employees Though it is not fully clear how regularly these correspon-
dents contribute to the newspaper, it does appear that some contribute sev-
eral times per week (at times working more hours during a week than the
regular part-time employees), some work directly in the bureau offices, and
some provide essential service regarding their respective areas or beats
Therefore, inasmuch as he believes that at least some of these correspon-
dents possess a sufficient relationship with the Employer so as to be deemed
employees, Member Fanning would permit them to vote subject to chal-
lenge.