Joseph R. Osherrenko

National Labor Relations Board - Board Decisions

Apr 29, 1947

73 N.L.R.B. 670 (N.L.R.B. 1947)

In the Matter Of JOSEPH R . OSHERENHO AND THE CALIFORNIAN MAGA-.
ZINE, INC., EMPLOYERS and Los A*OELES NEWSPAPER Grnw, C. I. 0.,
PETITIONER
Case No. 21-8-3437
SUPPLEMENTAL DECISION
AND
DIRECTION
April 09, 1947
On November 4, 1946, pursuant to the Decision and Direction of
Election issued herein by the Board-on October 24, 1946,1 an election
by secret ballot was conducted under the direction and supervision
of the Regional Director for the Twenty-first Region among the em-
ployees in the unit found appropriate in the Decision.2 Upon com-
pletion of the election, a Tally of Ballots was issued and duly served
by the Regional Director upon the parties concerned.
The Tally showed that, of the approximately 14 eligible voters, 10
cast valid votes, of which 5 were cast for, and 5 were cast against,
the Petitioner ; in addition, 4 ballots were challenged.
No objections to the conduct of the election were filed by any of
the parties within the time provided therefor. However, inasmuch
as the counting of the challenged ballots was sufficient to affect the
results of the election, the Regional Director, in accordance with
the Board's Rules and Regulations, investigated the challenges. He
thereupon issued and duly served upon the parties a Report on Chal-
lenges, dated November 27, 1946, recommending therein that the chal-
lenges to the ballots of Shew Lum, Oscar Mozur, and Loise Abraham-
son be overruled and that the ballots of these employees be opened,
and counted, and recommending further that the Board direct a
hearing on the challenged ballot of Frances Anderson. Subsequently,
the Petitioner filed exceptions to that part of the Regional Direc-
tor's report pertaining to the challenged ballot of Frances Anderson.
On December 20, 1946, the Board, having duly considered the
Regional Director's report, the Petitioner's exceptions thereto, and the
entire record, ordered that a hearing be held to resolve the issues raise.
1 71 N . L. R. B. 418.
2 The Board found appropriate a single unit comprising , in general , all non -supervisory
employees in the editorial , art, and photographic departments of both Employers.
73 N. L. R. B., No. 127.
670
JOSEPH ' R. OSHERENKO ' 671
with respect to the challenged ballot of Frances Anderson 3 -Thereafter,
a hearing was held at Los Angeles, California, on January 8 and 10,
1947 , before Charles M. Ryan , hearing officer . All parties appeared
and participated. The hearing officers rulings made at the hearing
are free from prejudicial-ei•ror ;aiid are hereby. affirmed. " '
Upon the entire recordini-the case, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
The Petitioner challenged the ballot of Frances Anderson on the
ground, in_effect, that the status of this individual differs from that
of the other employees in the appropriate unit.
On October 15, 1946. the pay-roll eligibility date, and at -the time
of the, election herein, Anderson was engaged by the Employers on a
full-time basis as a feature writer . Unlike the Employers' other, edi-
torial department' employees, she was permitted to perform almost
all her writing duties at home, and was not considered to be "on call"
for.any assignments that might interfere with her household functions;
in addition, she was not required to conform to prescribed hours, nor
did she maintain auy records as to the number of.hours devoted to
her assignments . However, it appears that Anderson was held re-
sponsible for submitting assigned articles at specified times; that she
received a regular monthly salary, although earning less than other
feature writers; that she maintained frequent contact with the Em
ployers' offices, reporting either by telephone or, on occasion, in per-
son; that the nature of her work was comparable to that of the Em-
ployers' other feature writers; and that she served under the fill-
mediate supervision of a managing editor who also directed the work
of other employees in the unit.
In view of the foregoing, and oil the entire record in the case, we
are of the opinion that Frances Anderson has interests similar to those
of the Employers' other editorial department employees; aecordingly,-
we shall include her in the unit heretofore found appropriate and
shall overrule the challenge to her ballot.4
As noted above, no timely exceptions were filed to that part of the
Regional Director's report relating to the challenged ballots of Shew
Luiu, Oscar Moznr, and Loise Abrahamson. In the absence of-such
exceptions, we shall adopt the Regional Director's report on the chal-
lenges to the ballots of these employees, and, in accordance with that
report, shall overrule the challenges.
Inasmuch as the results of the electron may depend on the counting
of the four challenged ballots discussed herein, we shall direct that they
be opened and counted.
'Exceptions to the Regional Director 's report filed by the Employer's «ere of ei ruled by
the Board as untimely made
' Cf Matter of Hudson Dispatch , 68 N L R B 113
739926-47-vol. 73-44
672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Joseph R. Osherenko and The
Californian Magazine, Inc., both of Los Angeles, California, the Re-
gional Director for the Twenty-first Region shall, pursuant to Section
203.55 of National Labor Relations Board Rules and Regulations-
Series 4, within ten (10) days from the date of this Direction, open and
count the ballots of Frances Anderson, Shew Lum, Oscar Mozur, and
Loise Abrahamson, and thereafter prepare and cause to be served upon
the parties a Supplemental Tally of Ballots, including therein the
count of said challenged ballots.
MR. JOHN M. HousTON took no part in the consideration of the above
Supplemental Decision and Direction.