King Features Syndicate, Inc.

National Labor Relations Board - Board Decisions

May 24, 1940

23 N.L.R.B. 1174 (N.L.R.B. 1940)

In the Matter of KING FEATURES SYNDICATE, INC. and AMERICAN
NEWSPAPER GUILD
In the Matter of KING FEATURES SYNDICATE, INC. and KINGSYN
EMPLOYEES ASSOCIATION
Cases Nos . R-1611 and R-1612, respectively .-Decided May 24, 1940
Features Syndication , News and News Photos Collecting and Distributing
Service-Investigation of Representatives : controversy concerning representa-
tion of employees: rival organizations ; controversy concerning appropriate unit
or units : refusal of employer to grant exclusive recognition to either union
prior to certification by Board in appropriate unit or units-Units Appropriate
for Collective Bargaining: controversies as to : Nation-wide unit limited to
photos division versus city -wide unit including employees in all three divisions ;
held , two Nation-wide units , one in each of two of three major divisions,
subject to revision in accordance with changes in state of self-organization of
employees ( 1) all employees in International News Photos division, except
editor, sales manager, tipsters , and employees stationed in foreign countries ;
(2) all employees in Features division , except officers of Company , super-
visory employees empowered to recommend hire and discharge, employees in
Central Press Association, a department of the Company in Cleveland, Ohio,
employees members of or eligible to membership in craft organizations having
contracts with the Company , and employees stationed in foreign countries; prior
Nation-wide consent election in which all employees of the Company , regardless
of divisions , were considered a single unit , does not preclude determination
of different units-Elections Ordered: separate elections in each of two divisions.
Mr. Daniel Baker, for the Board.
Isserm.an, Isserman ePc Kapelsohn, by Messrs. Abraham J. Isserman,
Jack Lerner, and Sol D. Kapelsohn, all of Newark, N. J., for the
Guild.
Wagner cC Katz, by Mr. Joseph M. Katz, of New York, for the
Association.
Messrs. T. A. Brennan and Ward Greene, both of New York City,
for the Company.
Mr. David Delman, of counsel to the Board.
23 N. L R. B., No. 123.
1174
KING FEATURES SYNDICATE, INC. 1175
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On January 17, 1939, the American Newspaper Guild, herein called
the Guild, filed with the Regional Director for the Second Region
(New York City) a petition alleging that a question affecting com-
merce had arisen concerning the representation of employees of King
Features Syndicate, Inc., herein called the Company, in its Interna-
tional News Photos Division, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449,,herein called the Act.
On February 8, 1939, the Kingsyn Employees Association, herein
called the Association, filed with the same Regional Director a peti-
tion, and on February 17, 1939, an amended petition,' alleging that a
question affecting commerce had arisen concerning the representation
of employees of the Company in its New York offices, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the Act. On March 4, 1939, the National Labor Rela-
tions Board, herein called the Board, acting pursuant to Section 9 (c)
of the Act and Article III, Sections 3 and 10 (c) (2), of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
ordered an investigation with respect to each petition and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice. The Board further ordered that the cases
be consolidated for the purposes of hearing and for all other purposes
and that one record of the hearing be made.
On March 20, 1939, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon the
Guild, upon the Association, and upon Typographical Union No. 6,
and International Typographical Union, labor organizations claiming
to represent employees directly affected by the investigation 2 Pur-
suant to notice, a hearing was held from October 9 to November 10,
1939, at New York City, before Edward G. Smith, the Trial Exam-
iner duly designated by the Board. The Board, the Company, the
Guild, and the Association were represented by counsel and partici-
pated in the hearing. Full opportunity to be heard, to examine and
I The amended petition is substantially a new petition See footnote 6, infra.
2 On March 24, 1939, the hearing originally scheduled for March 27, 1939 , was postponed
to April 17, 1939. On April 11, 1939, the hearing was postponed indefinitely to be con-
tinued upon 2 days' notice . On September 5, 1939, the Regional Director issued a notice
of continuance of hearing for September 25, 1939. On September 20, 1939, the hearing
was postponed to October 9, 1939.
1176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cross-examine witnesses and to introduce evidence bearing on the
issues was afforded all parties. During the course of the hearing the
Trial Examiner made several rulings on motions and on objections
to the admission of evidence. The Board has reviewed the rulings
Of the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
After the hearing had been concluded, the parties entered into a
stipulation providing for a correction in the transcript of the record.
By order of the Board, dated December 18, 1939, the said stipulation
was made a part of the record. On April 1, 1940, the attorneys for
the respective parties and a representative of the Board entered into
a stipulation providing that certain documents be admitted into the
record as Company's Exhibit No. 2.3 By order of the Board, dated
April 11, 1940, the said stipulation was approved and made part of
the record and the documents named therein were admitted to the
record as Company's Exhibit No. 2.
The Association filed a brief, which the Board has duly considered.
Pursuant to notice, a hearing for the purpose of oral argument was
held before the Board on April 10, 1940, at Washington, D. C. The
Company, the Guild, and the Association were represented by counsel
who presented argument.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
King Features Syndicate, Inc., a wholly owned subsidiary of the
Hearst Corporation, is a New York corporation, organized in 1915,
with its principal offices and place of business in New York City. It
maintains offices in 28 cities situated throughout the United States.
The Company, particularly the Features division, produces, sells, and
distributes to newspapers and magazines a miscellany of syndicated
features, such as comic strips, feature articles, serial stories, and ar-
ticles on health and beauty. It also conducts a news service, known,
as International News Service, herein called I. N. S., and a photo-
graphic service, known as International News Photos, herein called
I. N. P., which gather and transmit news and news photos to and
from all parts of the world. Customers of the Company, particularly
newspapers,4 are located in every State in the United States, the Dis-
trict of Columbia, and foreign countries, among them Argentina, Eng-
land, France, Germany, and Italy. In the distribution of its material,
8 Incorrectly designated as "Respondent's Exhibit No. 2" in the stipulation and in the
order approving the stipulation.
4 The Company also has a number of magazines and radio stations among its clients.
KING FEATURES SYNDICATE, INC. -1177
the Company utilizes the United States mail, as well as telegraph and
telephone wires.'
The Company concedes that it is engaged in interstate commerce
within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
American Newspaper Guild is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to its member-
ship all employees of the Company, except executives.
Kingsyn Employees Association is an unaffiliated labor organiza-
tion admitting to its membership all employees of the Company, ex-
cept officers of the Company, persons employed in the Central Press
Association, a department of the Company in Cleveland, Ohio, em-
ployees who are members of or eligible to membership in craft organ-
izations having contracts with the Company, and employees bound
by "personal contracts."
HI. THE QUESTION CONCERNING REPRESENTATION
By letter dated January 3, 1939, the Guild requested that the Com-
pany meet with it to negotiate a contract for all employees of the
Company working in I. N. P. By letter dated January 7, 1939, the
Company refused to do so on the ground that I. N. P. was not an
appropriate unit.
By letter dated January 10, 1939, the Association requested the
Company to recognize it as the sole bargaining agent for all em-
ployees of the Company who worked in the Company's New York
offices. The Company did not reply to this request.
All parties have stipulated that a question concerning representa-
tion has arisen. As was stated in the course of the hearing, the Com-
pany will not recognize either the Guild or the Association as the
exclusive bargaining representative of the employees within the bar-
gaining unit claimed by each to be appropriate until the Board has
certified the Guild or the Association, or each of them, as the collec-
tive bargaining representative selected by a majority of the em-
ployees within a unit which the Board has found to be appropriate.
We find that questions have arisen concerning the representation
of employees of the Company.
I. N. S. transmits news to and from various cities in the United States by means of
telegraph wires leased for its exclusive use during specified periods of the day. I. N. P.
makes extensive use of telephone wires in connection with the transmission of photographs
by means of the sound photo method.
1178 DECISIONS OF_ NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Guild contends that all of the employees throughout the
United States in the I. N. P. division of the Company, except execu-
tives, constitute a unit appropriate for the purposes of collective bar-
gaining. The Association contends 6 that all of the employees in the
New York offices of the Company, except officers of the Company,
supervisory employees having the power to make recommendations
concerning the hire and discharge of employees,7 all persons employed
in the Central Press Association, a department of the Company in
Cleveland, Ohio," employees who are members of or eligible to mem-
bership in craft organizations having contracts with the Company,°
6In the Association 's original petition the alleged appropriate bargaining unit-is de-
scribed as "an agency to stabilize the relationship between employer and employee and to
improve wages and working conditions of the employees " and the number of employees in
the unit is stated to be 236. In the amended petition the bargaining unit claimed to be
appropriate is accurately described and the number of employees in such unit is given as
369. Lillian Vergara, who signed and filed both petitions as secretary -treasurer of the
Association , testified that in filling out the first petition she had confused "an appropriate
unit in the sense of the Wagner Act Ns ith the units of our Association " The Association
is subdivided into three units : King Features unit ; I. N. S. unit ; I . N. P. unit.
° The Association 's amended petition asked for the exclusion of supervisory employees
"who have the right to hire and discharge." At the hearing , the petition was amended in
this respect on motion of counsel for the Association , on the basis of proof that no one but
the president of the Company has the right to hire and discharge
8 The Central Press Association produces a special news-mat service which it sells to
newspapers in the Midwest . All of the 35 employees in this department , including com-
positors , pressmen , photographers , editorial employees , stereotypers , and engravers are
covered by union agreements The compositors and pressmen have been covered by a con-
tract between the Company and Cleveland Printing Pressmen and Assistants ' Union No 56,
since October 1, 1936 The photographers, editorial employees , and others are covered by
a contract, dated September 27, 1939, between the Company and the Cleveland Newspaper
Guild. This contract supersedes a similar agreement , dated June 10, 1938, between the
same parties . Stereotypers and engravers employed in the Central Press department are
covered by arrangements with other unions
9 Within this category are approximately 176 telegraphers employed throughout the
United States and Canada They work exclusively in the I N S. division under the super-
vision of William B . Goode, manager of the traffic department of I. N S They are covered
by a Nation-wide contract between the Company and the Commercial Telegraphers' Union,
Division 61, which has been in effect since October 1, 1937.
KING FEATURES SYNDICATE, INC. 1179
and persons "under individual contract to supply special work" 10
constitute an appropriate unit. The Company seems to contest the
appropriateness of each of the units claimed by the petitioning unions
on the ground that all of its employees in the United States regard-
less of classification, except those who are members of or eligible to
membership in existing craft unions, constitute an appropriate unit.
It made no formal contentions and, in the course of oral argument
before the Board, counsel for the Company stated that it had no
preference as between the I. N. P. unit and the New York City unit.
The Company employs approximately 870 persons in the conduct
of its business." Its functions and activities are carried on through
three major divisions, namely, the Features division, the I. N. S.
division, and the I. N. P. division.12 The type of work performed in
each division is described generally above.13
The following table sets forth, in connection with each of the
divisions, the number of employees, where they work, and the number
of members claimed by the Guild and by the Association.14
D f h
Approximate number of
employees Approximatenumber of
Approximate
number of
ivisions o e companyt
New York
City
Outside New
York City
members
claimed by
guild
members
claimed by
association
Features---------------------- ---------------- 238 11 None 200
I N. 5---------------------------------------- 79 196 Majority 18
I. N P----------------------------------------- 100 55 105 12
Each division has its own executives who are responsible for its
routine functioning, and administer for it the business and labor
policies of the Company. Such policies are centrally formulated by
1° The meaning of this term is not clear. Lilian Vergara, who signed the petition on be-
half of the Association, could not name these persons. Ward Greene, vice president and
executive editor of the Company, testified that he did not know the meaning of "special
work "
11 Not counted among the 870 employees of the Company are approximately 100 artists
and writers, who are bound by individual contracts of purchase and sale to deliver to the
Company at stated intervals comic strips, drawings, feature columns, and other feature
material for syndication to its customers. They receive an agreed percentage of the reve-
nue from sales of their material and they are not listed on the Company's pay roll.
12 In the interests of clarity, we shall refer to Features, I. N. S., and I. N. P as divisions
and to other smaller units of the Company as departments. During the course of the bear-
ing Features, I. N. S., and I. N. P. were referred to variously as divisions, departments,
and units.
73 See Section I. supra. Prior to 1934 the photographic service and the news service
were conducted by separate corporations affiliated with the Hearst enterprise; Interna-
tional News Photos, Inc., and International News Service, Inc Both corporations were
dissolved, the former in 1934 and the latter in 1936, and each was merged with King Fea-
tures Syndicate, Inc., which apparently did no wire-service business prior to these mergers.
The I. N. P. division is practically identical with the I N. P. corporation in its functions,
personnel, and relationships with the Company. The same situation exists with respect to
the I N. S division and the I. N. S. corporation
14 Reference to the telegraphers and the Central Press Association employees is omitted
for reasons stated in footnotes S and 9 runra
1180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the president and general manager of the Company, Joseph V. Con-
nolly, with the advice and assistance of an executive committee
consisting of two vice presidents,15 the business manager of the Com-
pany, the day and night editors of the I. N. S. division, and the editor
of the I. N. P. division. Grievances of employees within a division
are discussed in the first instance with the executives of the particular
division in New York although final authority in such matters, as in
cases of salary increases, replacements, and discharges, rests with
the president of the Company.
There is practically no interchange of employees between the divi-
sions of the Company. The employees within the I. N. P. division,
classified by the Company as photographers, sound-photo operators,
editorial employees, employees in the print and negative file and the
shipping and service departments, salesmen, clerical employees, tele-
phone operators, motorcycle messengers, and porters, do exclusively
I. N. P. work, except for the occasional performance of services, especi-
ally by photographers, for the Features division. The cost of such
services is charged to the Features division. The I. N. S. and the
Features divisions are similarly differentiated. The New York City
offices of each of the divisions are on separate floors of a building.
Outside New York City the I. N. S. division has bureaus in 28 cities
of the United States and correspondents in others; the I. N. P. division
has offices in 6 or 7 cities; the Features division in 2. In cities where
two or more of the divisions have offices, they are physically separated
and each is supervised and managed by the division executives in
New York.
There is a foreign-sales department in New York, within the Fea-
tures division, which handles sales of news and photographic service
to customers outside the United States. The major supplies for all
divisions are purchased by a central purchasing department. The
general accounting department serves all divisions. Apparently
these departments performed the same services for International News
Service, Inc., and International News Photos, Inc., although the
record is not entirely clear in this respect.
The record discloses a substantial history of collective bargaining
between the Company and the Guild on a Nation-wide division basis.
Negotiations on behalf of employees in I. N. P. were initiated by
the Guild in 1936, shortly after the commencement of negotiations by
the Guild on behalf of employees in I. N. S. In April 1937 these
negotiations resulted in an agreement pursuant to which the Com-
pany posted on its bulletin boards a unilateral statement of policy
which covered wages, hours, and other working conditions of I. N. P.
"One is ward Greene , executive editor of the Company . The other is Bradley Kelly,
editor of the comic-art department of the Features division.
KING FEATURES SYNDICATE, INC. 1181
employees in New York City and throughout the country. The
negotiations leading up to this statement were conducted on behalf
of the Company by Harold Baker, editor of the I. N. P. division, and
by Connolly, and by Morris Watson, chairman of the wire-service
committee, on behalf of the Guild. The agreement which was em-
bodied in the posted statement of policy was to expire on January
12, 1938. Thereafter, negotiations for a written contract covering
employees of I. N. P. were continued and in December 1937 the
Company and the Guild agreed to an indefinite extension of the
bulletin-board statement beyond its expiration date, pending the con-
clusion of the contract negotiations. At the same time the parties
agreed that the written contract would be retroactive to January
12, 1938, in the event it should be executed subsequent to that date.
At a number of conferences held in the spring of 1938, the Company
indicated its willingness to enter into a written contract to cover
the employees of I. N. P. The issues which arose during that time
with respect to a contract covering I. N. S. seem to have prevented
the consummation of a contract for I. N. P. The Guild refused to
draft a tentative contract for I. N. P. unless and until the Company
was willing to negotiate for a contract covering the employees of
I. N. S. as well as those of I. N. P. At a number of meetings Con-
nolly, on behalf of the Company, stated that the Guild should first
secure contracts with the United Press and the Associated Press, com-
petitors of the I. N. S. He also questioned the Guild's claim that
it represented a majority of the I. N. S. employees. He did not,
however, doubt that the Guild represented a majority of I. N. P.
employees.
During the entire course of negotiations from 1936 to 1938 there
was no discussion concerning the employees in the Features division,
nor did anyone on behalf of the Company object to the absence of
such discussions. At no time did the issue of bargaining on some
basis other than a Nation-wide division basis arise and the testimony
of company executives who participated in these negotiations indi-
cates that bargaining on a Nation-wide division basis is not inconven-
ient and is adapted to the structure of the Company.
On May 27, 1938, a conference was held between the Guild and
the Company. The testimony of the individuals who participated
in this conference is in substantial agreement , although there are
some differences in minor details.
The conference of May 27 was originally scheduled as a regular
meeting for the purpose of continuing negotiations with respect to
contracts for I . N. P. and I. N. S. At the opening of the meeting,
there were present Moss and Baker on behalf of the Company; Moss
representing Connolly with respect to I. N. S. negotiations, Baker
1182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
representing him with respect to I. N. P. negotiations. Moss and
Baker testified that Watson claimed that the Guild represented a
majority of all the employees of the Company and requested negotia-
tions for a company-wide contract covering all of the Company's
employees. Watson did not dispute this, although he testified that
when he referred to all employees of the Company he believed the
Features division employees were a periphery group consisting mainly
of writers and artists who were not regular employees of the Com-
pany but who supplied material under personal service contracts.
In any event, Connolly, who was called to the meeting immediately
after Watson's statement, challenged the right of the Guild to rep-
resent all employees of the Company, stating that, although he had
indicated his willingness to sign a contract for I. N. P., he would not
discuss the matter of a contract for all of the Company's employees.
Watson then asked Connolly if he would agree to a consent election
to determine whether or not the Guild represented a majority of the
employees of the entire Company. Connolly agreed, stating that he
would like to know whether or not Watson's claim was in accord with
the facts. The meeting adjourned within a few minutes after the
conclusion of an oral agreement for an election to be held under the
supervision of the Board. On June 1, 1938, pursuant to the oral
agreement, the Guild filed a petition with the Regional Director for
the Second Region. In this petition the appropriate unit was de-
scribed as "all editorial, art, photographic, and business department
employees, excluding executives who fix conditions of employment
and persons under individual contract whose hours and place of work
are fixed by themselves." The Guild alleged that a question had
arisen concerning the representation of the employees in the aforesaid
bargaining unit in that "management is willing to bargain only if
assured majority of employees desire it:" A written agreement be-
tween the Company and the Guild, providing for the conduct of an
election by secret ballot by the Regional Director for the Second
Region of the Board, was executed in the office of the Second Region
on June 3, 1938. Pursuant to this agreement the Company furnished
to the Regional Director a list setting forth the names of the em-
ployees of the Company on June 4, 1938, not including the telegra-
phers 16 employed in the I. N. S. division and the Central Press
Association employees in Cleveland 17 The list contains a total of 638
names enumerated according to the division in which they worked.
The first page sets forth a summary as follows : "International News
16 Telegraphers were covered by a Nation-wide contract . See footnote 9, supra.
77 These employees also were covered by contracts , described in detail in footnote 8,
supra. Central Press Association is a separate , integrated department of the Company,
performing a special service for special clients . Courtland C. Smith, in charge of the de-
partment, has his office in Cleveland , although he is responsible to Connolly.
KING FEATURES SYNDICATE, INC. 1183
Service Division, 247; Feature Division, 237; International News
Photo Division, 154-Total 638." Balloting was conducted by mail
in July 1938. The Guild received 253 votes and 290 votes were cast
against it. The election report was issued on August 2, 1938.
After the election of July 1938, collective bargaining relationships
between the Company and the Guild were not entirely discontinued.
Besides the adjustment of grievances, the Guild attempted to bargain
with the Company for a written contract to cover the I. N. P. em-
ployees. On December 12, 1938, Watson transmitted to Connolly a
resolution adopted by the King Features Unit of the Newspaper
Guild of New York asking the wire-service committee of the inter-
national executive board of the Guild to communicate to Connolly
the unit's request for "the immediate inauguration of collective
bargaining negotiations toward conclusion of a written agreement
covering the employees of International News Photos as the initial
step in resumption of contractual relations" between the Company
and the Guild 1S On December 27, 1938, Connolly replied that in
view of the election which was held in-July under the auspices of the
Board, "It is the opinion of the Syndicate that it would not be ap-
propriate to discuss a contract with the Guild for International News
Photos, a department of King Features Syndicate." On January 3,
1939, the Guild made a formal demand upon the Company to meet
with it for the purpose of negotiating a contract covering the I. N. P.
On January 10, 1939, Connolly on behalf of the Company replied
that the question of whether or not the Guild should be the represent-
ative of the employees of the Company was decided in the consent
election of July 1938, that the election represented an adjudication
on the proper bargaining unit, and that the Guild could not now ask
the employer to hold that a different unit is appropriate.
We cannot agree with the Company's conclusion as to the legal
effects of the agreement for an election and the results of the election
which was held pursuant to the agreement. The testimony adduced
at the hearing from executives of the Company as well as from the
representative of the Guild shows that the election was agreed to
only as a means of determining whether or not the Guild represented
a majority of all of the Company's employees as Watson claimed on
May 27. Neither the Company nor the Guild treated the determina-
tion of the unit within which the election was to be conducted as a
definitive determination. The election itself had a negative result,
indicating only that the Guild did not represent a majority of all of
the Company's employees. No collective bargaining relationships
18 Although no written contract had been executed covering I. N. P., the contents of the
policy statement for I. N P. were agreed upon during prior negotiations, and this state-
ment was subsequently treated by the Guild aid the Company as a document in the nature
of a contract.
1184 DECISIONS OF NATIONAL LABOR,RELATIONS BOARD
were established or continued as a result of the election. We think
that the agreement for a consent election in no way precludes the
determination, of an appropriate unit different from the unit within
which the consent election was held.
Since it appears that the I. N. P. division is a functionally coher-
ent unit, that the Guild has organized among the employees in the
New York' City offices and among those working outside of New
York as well, that the history of collective bargaining demonstrates
the appropriateness of such a unit, and that a unit covering em-
ployees throughout the entire division would afford an opportunity
for employees in the offices throughout the United States to be
represented, we conclude that a Nation-wide unit embracing all
I. N. P. employees is appropriate.
There is no history of collective bargaining by the Company on
the basis of a unit restricted to employees in the New York City
areal" The record discloses no negotiations concerning wages,
hours, or working conditions between the Company and the Asso-
ciation, except for the Association's letter of January 10, 1939, to
which the Company did not reply. While a New York City unit
would include approximately 95 per cent of the total number of
Features employees in the United States, it would leave unrepre-
sented approximately 182 I. N. S. employees and 49 I. N. P. em-
ployees working in various cities of the United States other than
New York. Furthermore, such a unit would cut across the func-
tional lines of organization and integration within the I. N. S.
and I. N. P. divisions.
On the basis of all the evidence adduced at the hearing, we find
that the unit sought by the Association is not appropriate for the
purposes of collective bargaining. It is clear, however, that the
Features division, like I. N. P., is a self-integrated and functionally
coherent unit of the Company. The record shows that the Associa-
tion's organization is almost entirely in the Features division. Of
the 230 members it claims, 200 are among the 249 employees of the
Features division. The Association has thus organized approxi-
mately 80 per cent of the Features employees in the United States
and all of such employees are eligible to membership in the Associa-
tion. On the basis of the entire record, we conclude that a Nation-
wide unit consisting of Features division employees is appropriate
for the purposes of collective bargaining.
Neither the Guild nor the Association made any claim, nor does
the record show, that either of them represents or is close to repre-
'a Central Press Association in Cleveland , although it seems to be a part of the Features
division, is not an example of a city-wide bargaining unit being formed from an integral
part of a division which functions on a national scale. See footnotes 8 and 17, supra.
KING FEATURES SYNDICATE, INC. . ' 1185
senting a majority of all of the Company's employees considered as a
unit. Thus, even though a single Nation-wide unit of all employees
of the Company may constitute the most effective bargaining unit,
nevertheless, the employees in the I. N. P. division and the employees
in the Features division do constitute appropriate bargaining units.
and unless they are recognized as separate units, there may be no col-
lective bargaining agent whatever for these workers in the immediate
future. Pursuant to the policy of the Act we shall render collective
bargaining an immediate possibility by designating as appropriate the
two division units ; that is, one unit consisting of I. N. P. employees and
a second unit consisting of Features employees.21 Such determination
is subject to revision in accordance with changes in the state of self-
organization of the employees concerned.21
Exclusions From the I. N. P. Unit
The Guild and the Association agree that the editor, the sales
manager, and persons listed on the pay roll as tipsters should be,
excluded from the I. N. P. unit. The Company does not oppose these
exclusions. We shall exclude said persons and also all employees
stationed in foreign countries.
Exclusions From the Features Unit
The Association desires the exclusion of officers of the Company,
supervisory employees having the power to make recommendations,
concerning the hire and discharge of employees, all persons employed
in the Central Press Association, a department of the Company in
Cleveland, Ohio, and employees who are members of or eligible to
membership in craft organizations having contracts with the Com-
pany. Neither the Company nor the Guild opposes these exclusions.
We shall exclude such persons 22 as well as employees stationed in
foreign countries.
20 Cf. Matter of Frigidaire Division of General Motors Corp . and Metal Finishers Local
Lodge #1336, International Association of Machinists (A F of L ), 19 N L R B. 957;
Matter of The Douglas Aircraft Co., Inc, The Douglas Aircraft Co , Inc, El Segundo Divi-
sion and United Aircraft Welders of America ( Independent ), 16 N L R B. 93.
u Matter of Frigidaire Division of General Motors Corp and Metal Finishers Local Lodge
#336, International Association of Machinists (A. F. of L.), 19 N L. R . B 957 ; Matter
of Ryan Aeronautical 'Co. and United Aircraft Welders of America, Inc , 15 N. L R B 812.
While the Guild claimed a majority in I. N. 8 , it introduced no documentary proof to sub-
stantiate this claim as it did with respect to I. N. P., nor was a petition filed for I N S.
22 Joseph V. Connolly, president , Ward Greene, vice -president , Bradley Kelly , vice-presi-
dent, and George Hargreaves, business manager, will be excluded as officers The names.
and departments of the supervisory employees to be excluded are as follows : T A. Robert-
son, Saturday magazine ; Clark Kinnaird, Sunday magazine ; Michael Forstadt , daily fea-
tures ; Louis Biederman, editorial art ; Arthur E Pfrommer and J. Howard Kreider, ac-
counting ; Frank J. Nicht and Edward M. Gandy, domestic sales , John A. Brogan, Jr.;
foreign sales ; S."S. Paquin, sales research ; Erich Brandeis, promotion and advertising;
William 'Lieberman, shipping
1186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In its petition the Association also asked for the exclusion of persons
"under individual contract to supply special work." Lillian Vergara
testified that she did not know who these persons were. Ward Greene
testified that 15 employees had individual contracts with the Company,
but that he did not know whether or not they were persons "under
individual contract to supply special work," since he did not know
the meaning of "special work." Of the 15, 6 are in the Features
Division. Four of the six are excluded either as officers of the Com-
pany or as supervisory employees. With respect to the other two,
namely, Brandon Walsh and Dorothy Stoopack, the Association
furnished no evidence from which we can adequately determine
whether or not they should be excluded. We shall not exclude the
said individuals. In the absence of further evidence, we will not
pass on the Association's contention with respect to persons "under
individual contract to supply special work," if indeed there are any.23
We find that all employees of the Company in the International
News Photo division, excluding the editor, the sales manager, tip-
sters, and employees stationed in foreign countries, constitute a unit
appropriate for the purposes of collective bargaining, and that said
unit will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
We find that all employees of the Company in the Features divi-
sion,24 excluding officers of the Company, supervisory employees
having the power to make recommendations concerning the hire and
discharge of employees, all persons employed in the Central Press
Association, a department of the Company in Cleveland, Ohio, em-
ployees who are members of or eligible to membership in craft organi-
zations having contracts with the Company, and employees who are
stationed in foreign countries, constitute a unit appropriate for the
purposes of collective bargaining, and that said unit will insure to
employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Guild and the Company desire an election. Although the
Association requested certification on the basis of the record, it intro-
duced no evidence which will permit a certification of representatives
on the basis thereof. We find that the questions concerning repre-
za See Matter of Brooklyn Daily Eagle and Newspaper Guild of New York, 13 N. L.
R B 974 , 18 N L R B 124
2¢ There are approximately 100 artists and writers who supply feature material to the
Company, pursuant to individual contracts of sale. They are not considered employees of
the Company . See footnote 11. supra.
KING FEATURES SYNDICATE, INC. 1187
sentation which have arisen can best be resolved by holding elections
by secret ballot.
The Guild may not wish to participate in the Features division
election. Upon request its name will be withdrawn from that ballot.
Similarly, the Association may not wish to participate in the I. N. P.
division election. Upon request its name will be withdrawn from
that ballot. Each is hereby granted five (5) days from the receipt
of the Direction of Elections in which to submit such request to the
Regional Director.
We shall direct that all employees within the appropriate units
who were employed by the Company during the pay-roll period im-
mediately preceding the date of this Direction of Elections, including
employees who did not work during such pay-roll period because they
were ill or on vacation and employees who were then or have since
been temporarily laid off, but excluding those who have since quit or
been discharged for cause, shall be eligible to participate in the
elections.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of the Company within the meaning of Sec-
tion 9 (c),-and Section 2 (6) and (7) of the National Labor Relations
Act.
2. All employees of the Company in the International News Photos
division, excluding the editor, the sales manager, tipsters, and em-
ployees stationed in foreign countries, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the National Labor Relations Act.
3. All employees of the Company in the Features division, exclud-
ing officers of the Company, supervisory employees having the power
to make recommendations concerning the hire and discharge of em-
ployees, all persons employed in the Central Press Association, a
department of the Company in Cleveland, Ohio, employees who are
members of or eligible to membership in craft organizations having
contracts with the Company, and employees who are stationed in
foreign countries, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
1188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DrRECrED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with King Features Syndicate, Inc., separate 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 Director for the Second
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among those employees of King Features Syndicate,
Inc., 'who fall within the groups indicated below who were on the
Company's last regular pay roll immediately preceding the date of
this Direction of Elections, including employees who did not work
during such period because they were ill or on vacation and em-
ployees who were then or have since been temporarily laid off, but
excluding those who have since quit or been discharged for cause :
-- (a) All employees in the International News Photos division,
excluding the editor, the sales manager, tipsters, and employees
who are stationed in foreign countries, to determine whether they
desire to be represented for the purposes of collective bargaining • by
American Newspaper Guild or by Kingsyn Employees Association,
or by neither ;
(b) All employees in the Features division, excluding officers of
the Company, supervisory employees having the power to' make
recommendations concerning the hire and discharge of employees,
all persons employed in the Central Press Association, a department
of the Company in Cleveland, Ohio, employees who are members
of or eligible to membership in craft organizations having contracts
with the Company, and employees stationed in foreign countries, to
determine whether they desire to be represented for the purposes of
collective bargaining by Kingsyn Employees Association or by
American Newspaper Guild, or by neither.