Monitor Publications Inc.

National Labor Relations Board - Board Decisions

Sep 17, 1945

63 N.L.R.B. 933 (N.L.R.B. 1945)

In the Matter Of MONITOR PUBLICATIONS INCORPORATED and DENVER
MAILERS UNION No. 8, AFFILIATED WITH INTERNATIONAL MAILERS
UNION
Case No. 17-B-1082.-Decided September 17, 1945
Mr. L. F. Butler, of Denver, Colo., for the Company.
Mr. Harold A. Hosier, of Denver, Cola., for the IMU.
Messrs. William Tanner and W. H. Mirise, of Denver, Colo., for the
Typographical Union.
Miss Ruth E. Blie fiield, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Denver Mailers Union No. 8, affiliated
with International Mailers Union, herein called the IMU, alleging
that a question affecting commerce had arisen concerning the repre-
sentation•of employees of Monitor Publications, Incorporated, Denver,
Colorado,' herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Robert S. Fousek, Trial Examiner. Said hearing was held at Denver,
Colorado, on June 25, 1945. The Company, the IMU, and Denver
Typographical Union No. 49, affiliated with the International Typo-
graphical Union, in turn affiliated with the American Federation of
Labor, herein called the Typographical Union, appeared and partici-
pated. All parties were afforded full opportunity to be heard, to exam-
ine and crops-examine witnesses, and to introduce evidence bearing on
the issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All, parties were
afforded opportunity to file briefs with the Board.
1 The name of the Company appears in the caption and body of this Decision as it was
amended at the hearing.
63 N. L. R. B., No. 148.
933
934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:.
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Monitor Publications, Incorporated, a Colorado corporation, is en-
gaged at its plant in Denver, Colorado, in printing and publishing.
The Company publishes the Monitor, and Public Ledger, and prints
such publications as The National Union Farmer, The American
Cattle Producer, and others. It circulates approximately 400,000
copies weekly of these publications, and distributes approximately 30
percent of these copies to points outside the State of Colorado. During
the first 6 months of 1945, the Company purchased from distributors in
Denver, Colorado, printing materials, including newsprint and ink,
valued at approximately $60,000.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act, and we so find.
IT. THE ORGANIZATIONS INVOLVED
Denver Mailers Union No. 8, affiliated with International Mailers
Union, is a labor organization admitting to membership employees
of the Company.
Denver Typographical Union No. 49, affiliated with the Interna-
tional Typographical Union, in turn affiliated with the American
Federation of Labor, is a labor organization admitting to'member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
For several years the Company bargained with Denver Mailers
Union No. 8, affiliated with the International Typographical Union,
for the employees in its mail room. In August 1944, the local, Denver
Mailers Union No. 8, changed its affiliation to the International Mail-
ers Union. In September 1944, the IMU notified the Company of
this change. Inasmuch as the Company was then operating under a
contract with Denver Mailers Union No. 8, affiliated with the Inter-
national Typographical Union, which did not expire until October
31, 1944, it refused to recognize the IMU as the representative of the
employees involved herein.2
On January 10, 1945, the International Typographical Union sus-
pended all members of the local, Denver Mailers Union No. 8, who
had joined the International Mailers Union. Subsequently, in a
letter dated June 8, 1945, the International Typographical Union
2 This contract is not raised as a bar.
MONITOR PUBLICATIONS INCORPORATED 935
conferred upon Denver Typographical Union No. 49 jurisdiction over
the employees formerly under the jurisdiction of its Denver Mailers
Union No. 8.
A statement of a Board agent, introduced into evidence at the
hearing, indicates the IMU represents a substantial number of em-
ployees in the unit hereinafter found appropriates
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
In accordance with the agreement of the Company and the IMU,
unopposed by the Typographical Union, and upon the record, we
find that all mailers in the mailing room of the Company, including
taggers, employees engaged in any form of addressing in the mailing
room, stamping, inserting or stuffing, jogging of papers for auto-
matic machines, routing, operation of tying machines, distributing
and counting in the mail room, preparing lists of wrappers, sacking,
tying and dispatching of papers, and the handling of papers from
conveyors attached to the press, situation holders, and foremen, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act .4
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
The IMU asks that the Typographical Union be denied a place on
the ballot. In view of the recent contract adverted to in Section III,
above, and the delegation of jurisdiction to Denver Typographical
Union No. 49 by the International Typographical Union, we shall
place the Typographical Union on the ballot.
'The Field Examiner reported that the IMU submitted 14 assignment cards all of
which bore the names of persons listed on the Company 's pay roll of May 25, 1945, which
contained the names of 16 employees in the appropriate unit ; 12 cards were dated Septem-
ber 1944, and 2 cards were dated October 1944.
The Typographical Union submitted 27 authorization cards, none of which bore the
names of persons listed on the aforesaid pay roll. It claims an interest in the proceeding
by virtue of the delegation to it by the International Typographiual Union of the right
to represent mailers.
4 The unit , as described above, is meant by the parties to include all employees covered
by the expired contract referred to in Section III, supra.
936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
It appears from the record that because the Company issues its
publications bi-weekly it has only three regular full-time employees.
The other employees listed on the pay roll submitted by the Com-
pany are hired according to its needs. No specific testimony was
elicited as to the amount of time these employees work, but it was stated
that they are regular part-time employees, and it is evident that it is
the parties' intention to have all such employees vote. We shall, there-
fore, provide in the Direction of Election below, that all regular part-
time employees shall be eligible to participate in the election.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Monitor Publica-
tions, Incorporated, Denver, Colorado, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Seventeenth Region, acting.
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including regular part-time em-
ployees and employees who did not work during the said pay-roll
period because they were ill or on vacation or temporarily laid off, and
including employees in the armed forces of the United States who
present themselves in person at the polls, but excluding those em-
ployees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to de-
termine whether they desire to be represented by Denver Mailers
Union, No. 8, affiliated with the International Mailers Union, or by
Denver Typographical Union No. 49, affiliated with the International
Typographical Union, in turn affiliated with the American Federation
of Labor, for the purposes of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.