Evening News Association

National Labor Relations Board - Board Decisions

Jul 22, 1942

42 N.L.R.B. 763 (N.L.R.B. 1942)

In the Matter of EVENING NEWS ASSOCIATION,' PUBLISHER OF THE
DETROIT NEWS and NEWSPAPER GUILD OF DETROIT (CIO)
Case No B-3690 -Decided July 22, 1940
Jurisdiction newspaper publishing industry
InNestigation and Certification of Representatives . existence of question dis-
pute as to appropriate unit, elections necessai y
Unit Appropriate for Collective Bargaining : unit dependent upon results of
separate elections among (1) all employees in the editorial and news depart-
ments , (2) all employees in the advertising, inside circulation, administrative,-
business and miscellaneous departments, including employees in the mechanical
departments not covered by existing contracts , and (3 ) employees in the "plant"
departments, consisting of janitors, watchmen, and elevator operators
Mr Jerome H Brooks, for the Board.
Butzel, Eaman, Long, Gust and Balls, by Mr. Victor W Klein, of
Detroit, Mich, and Mr C. D Brewer, of Detroit, Mich., for the com-
pany
Isserman, Isserman and Kapelsohn, by Mr Abraham J. Isserman,
of Newark,,N J, for the Guild. '
Lewis cfi Watkins; by Mr Leonard A. Keller, of Detioit, Mich, for
the Intervenors.
Mr George H.
11
Gentithes, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
0
Upon petition duly filed by Newspaper Guild of Detroit, affiliated
with the Congress of Industi ial OI ganizations, herein called the Guild,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Evening News Association, Publisher
of The Detroit News, Detroit, Michigan, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Gustaf B Erickson, Trial Examiner.
Said hearing was held at Detroit, Michigan, between March 25, and
April 1, 1942 The Company, the Guild, and certain employees of the
42 N L R B, No 148
763
a
764 DECISIONS OF NATIONAL LABOR RELATIONS" BOARD
editorial department,' hereinafter collectively referred to as the Inter-
venors, appeared, participated, and were afforded full opportunity to
be heard, to examine and cross-examine Witnesses, and to introduce
evidence bearing on the issues The Trial Examiner's rulings made
at the hearing are free from prejudicial eiror and are hereby affirmed
Requests were filed by the Company, the Guild, and the Intervenors
for oral argument and for permission to file briefs The requests were
denied 2
Upon the entire record in the case, the Board makes the following:
-FINDINGS OF FACT
I TIIE BUSINESS OF THE COMPANY
The Company is a Michigan coiporatioii having its principal office
and place of business in Detroit, Michigan It is engaged in the pub-
lication of The Detioit News, a daily and Sunday newspaper The
Company uses approximately $200,000 «orth of news print per month
which is shipped to it from States othei than the State of Michigan.
It furtliei consumes mote than $3.000 woith of ink pei month which
is shipped to its Detroit plant fiom the States of Michigan and Il-
linois The aver age daily circulat ion of The Detroit News based on a
12 months ' average ending December 31, 1941 , was 366,379 The aver-
age Sunday circulation based on a similar 12 months' period was
441,590. It has an out -of-State distribution of 5,001 daily and 20,017
Sunday papers The Company admits that it is engaged in commerce
within the meaning of the National Laboi Relations Act
i Eight employees of the editorial department filed a petition to intervene for the pur-
pose of showing that editorial employees constitute a separate appropriate unit These
employees weie Maitin S Hayden , Geoige W Stark, Ralph Peters, Jackson D Haag,
Wm H Kelsey , Hwy V Wade, Edith B Crumb, and Florence Davies Other employees
of the editorial and commercial departments also petitioned to intervene These petitions
were denied by the Tull Examiner , on the giound that the interests of these employees
were the same as those of the eight employees and would thus be adequately represented
His iuhngs are hereby affirmed
9 On kpiil 10 , 1942, the Guild filed a motion to stay the proceedings in this case and
to consolidate it with pending unfair labor practice charges which the Guild had filed
against the Company On April 22 the Company filed a statement in opposition to the
aforesaid motion On July 6 , 1942, the Guild filed requests ( 1) to withdraw the motion
to stay and to consolidate and (2 ) to amend its claim as to the appropriate, unit, which
are hereby grinted The Guild also waned am objection to this proceeding based upon
the unfair labor practice charges
On July 16 , 1942, the Intervenors filed a statement consenting to the withdrawal of
the Guild ' s aforesaid motions and to the Guild 's amendment respecting its claim as to the
unit On July 17, 1942, the Company filed a statement averring that it had no objection
to the wrthdiawal of the Guild ' s motions and waning biiefs and oral argument, but
claiming that the maintenance employees do not constitute a unit, as proposed by the
Guild '
0
EVENING NEWS ASSOCIATION
II THE ORGANIZATION INVOLVED
765
Newspaper Guild of Detroit is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company
III THE QUESTION CONCERNING REPRESENTATION
The Guild requested that the Company recognize and bargain
collectively with it on behalf of employees in the unit claimed by the
Guild as appropriate The Company refused to do so on the ground
that the unit claimed by the Guild was inappropriate The parties
stipulated, in effect, that the Guild represents a substantial number
of employees in the unit which it claims to be appropriate
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act
IV THE APPROPRIATE UNIT, THE DETERMINATION OF REPRESENTATIVES
In its petition, as amended at the hearing, the Guild requested a
bargaining unit consisting of "all employees of the Company in the
editorial, adveitising, inside circulation, administrative, business and
miscellaneous departments, including employees in the mechanical
departments not eligible for membership in established craft unions;
excluding executives, confidential secretaries, restaurant employees,
garage mechanics, painters, carpenters, oilers, binders, registered
nurses, barber, and tempos ary and casual employees." ' The Company
challenged the propriety of the unit sought by the Guild, urging that
two separate units" are appropriate, to consist, respectively, of em-
ployees in the editorial department, and employees listed on the pay
roll under the caption "administrative, advertising, circulation, credit,
promotion and statistics, public relations, and home institute," who
are collectively denominated business and commercial employees It
is the contention of the Company that employees generally referred
to as maintenance employees should not be represented by the Guild
This position is based on an alleged Guild policy, as indicated by the
Guild's past con dlict and present contracts, not to represent them be-
cause they are eligible for membership in craft unions The Inter-
8 The listings "administrative , business and miscellaneous departments " were declared
to be composed of the following departmental classifications employed by the Company
(1) Administration-miscellaneous , ( 2) administration -stockroom , ( 3) administration-
auditing and purchasing , ( 4) administration-cashier, ( 5) administration -telephone switch-
board, ( 6) credit department , ( 7) advertising collectors , ( 8) promotion , ( 9) statistics,
(10) public relations , ( 11) home institute , ( 12) plant-general , ( 13) plant-janitors,
(14) general-radio studios , ( 15) general-janitors , ( 16) general-watchmen , ( 17) general-
elevator operators , ( 18) plant-main-watchmen , ( 19) plant-main-elevator operators,
(20) garage , ( 21) cafe
766 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
venors request that employees of the editorial department be divorced
from the other employees and so constitute a separate unit I
In its motion of July 6, 1942, the Guild modified its claims as to
the appropiiate unit, by stating that the following three groups could
be established as separate units • (1) all of the employees of the Com-
pany in its editorial and news departments; (2) all of the employees
of the Company in its advertising, inside circulation, administrative,
business and miscellaneous departments, including employees in me-
chanical departments not eligible for membership in established craft
unions; and (3) employees of the "plant" departments of the Coin-
pany, consisting of janitors, watchmen, and elevator operators The
Guild further requested that executives, confidential secretaries,
restaurant employees, garage mechanics, painters, carpenters, oilers,
binders, registered nuises, barber, and tempoiary and casual em-
ployees be excluded 4 These proposed units would substantially cor-
respond to the units claimed by the Company to be appropriate and
ould satisfy the contentions of the Intervenors. -
We turn next to a discussion of the 11 employees whom the Inter-
venors desne to include and whom the Guild and the Company desrte
to exclude. Williann Park, the magazine editor, is in charge of the
daily magazine page and has supervision over the pictorial section
of the Sunday papers as well as direction of the women's pages He
has no authority to hire of discharge but does have authority to recom-
mend hiring and discharging F M Hopkins is assistant in charge of
* The Company and the Guild stipulated that certain employees, listed on Board Exhibit
No 4, and Ray Parker ,_E J Leslie , and Fred Thornton should be excluded We accept
the stipulation except for 11 employees whose exclusion was objected to by the Inter-
venors , and shall exclude these employees The 11 desired to be included by the Inter-
venois are discussed below
There is no dispute as to the exclusion of the employees covered by contracts between
the Company and the following labor ojgamzations
Deti oit Stereotypers ' Union No 9 , affiliated with the International ' Stereoty pers' and
Electrot3pers ' Union of North America, an affiliate of the .lmeiican Federation of
Labor,
Detroit Typographical Union No 18 , affiliated with the International Typographical
Union,
Detroit Photo -Engravers ' Union No 12 , a subordinate union of the International Photo-
Engraveis ' Union of North America, affiliated with the American Federation of Labor,
Inteinational Association of Machinists , District Lodge No 60 , affiliated with the Ameri-
can Federation of Labor ,
Local No 58, International Brotherhood of Electrical Workers, affiliated with the Ameri-
can Federation of Labor,
Detroit Mailers ' Union No 40 , a subordinate union of the International Typographical
Union,
Detroit Paper Handlers and Plate Handlers Union No 10, a subordinate- union of the
International Printing Pressmen and Assistants Union of North America, affiliated with
the American Federation of Labor, '
Newspaper Drivers and Handlers Local Union No 372, a subordinate of the Interna-
tional Brotherhood of Teamsters , Chauffeurs , Warehousemen and Helpers of America,
affiliated with the American Federation of Labor, and
Detroit Newspaper Printing Piesscnen s Union No 13, a subordinate union of the Inter-
national Pirating Pressmen and Assistants ' Union of North America , affiliated with
the American Federation of Labor
EVEiNING NEWS ASSOCIATION 767
the office boys, who number approximately 30 He has the right to
recommend hiring and discharging. F Davies is variously styled
as Woman's Editor or Editor of the Woman's Page She is vested
with authority to recommend hiring or discharging some 12 employees
in her department W K Kelsey is known as a commentator and
relieves the editor when the latter absents himself. On these occasions
he is responsible for the performance of the editor's duties H LeDuc,
Assistant Sports Editor, replaces the Sports Editor and assumes his
functions whenever the latter is away G. Zelner is listed on the pay
roll as "assistant in charge, boys," a title similar to that given Hopkins.
He prepares the "Future Book" for the city editor, clips stories from
the daily papers dealing with future events, and maintains a day book
which informs the city editor each day of what is likely to happen in
the immediate future F M. Pettit is the director of the reference
library He, too, has the right to recommend hiring and discharging.
He supervises about 12 librarians S Berry is the editor of the experi-
ence column which gives advice to readers requesting information.
There are 3 employees under her, 2 secietaries and a clerk She, too,
has the right to recommend hiring and discharging B Nagel is
assistant chief of photographers He exercises supervisory functions
when his immediate superior, iTT Kuenzel, the chief photographer, is
absent. Nagel acts as chief photographer 3 or 4 weeks each year, in
charge of 21 employees, and on such occasions has authority to recom-
mend hiring and discharging, as does Kuenzel. S McEachran is in
charge of the art department, with 6 or 8 men under him He has
power to recommend hiring and discharging We find that these 11
employees occupy supervisory or executive positions and accordingly
we shall exclude them
We find that the determination of the appropriate unit shall in part
depend upon the desires of the employees themselves Accordingly,
we shall direct three separate elections among the following groups,
excluding executives, confidential secretaries, restaurant employees,
garage mechanics, painters, carpenters, oilers, binders, registered nurses,
barber, and temporary and casual employees. (1) all employees in
the editorial and news departments; (2) all employees in the adver-
tising, inside circulation, administrative, business and miscellaneous
departments, including employees in the mechanical departments not
covered by existing contracts; and (3) employees in the "plant" de-
partments, consisting of janitors, watchmen, and elevator operators.
If the Guild is selected by a majority in one or more of the above groups,
that group or groups will constitute an appropriate unit. We shall
direct that the employees eligible to vote in the elections shall be those
in the groups described above who were employed during the pay-roll
period immediately preceding the date of the Direction of Elections
768 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein, subject to the additions and limitations contained in the
Direction
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National
Laboi Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purpose of collective bargaining with Evening News
Association, Publisher of The Detroit News, Detroit, Michigan, sepa-
rate elections by secret ballot shall be conducted as early as possible
but not later than thirty (30) days 'from the date of, this Direction
of Elections, under the direction and supervision of the Regional
Dii ector for the Seventh Region, acting in this matter as agent for the
National Labor Relations Boaid, and subject to Article III, Section 9,
of said Rules and Regulations, among the employees of the Company
in the three groups described in Section IV, above, who were employed
during the pay-roll` period immediately preceding the date of this
Direction of Elections, including any such employees who did not work
during said pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tempo-
rarily laid off, but excluding any who have since quit or been dis-
charged for cause, to determine whether or not they desire to be repre-
sented for the purposes of collective bargaining by Newspaper Guild
of Detroit, affiliated with the Congress of Industrial Organizations.