New York Post, Inc.

National Labor Relations Board - Board Decisions

Oct 7, 1939

15 N.L.R.B. 973 (N.L.R.B. 1939)

In the Matter of NEW YORK POST, INC ., and PUBLISHERS SERVICE, INC.
and NEWSPAPER GUILD OF NEW YORK
Case No. R-1369
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
October 7, 1939
On August 24, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceedings.,. The Direction of Elections provided
that separate elections by secret ballot be conducted within twenty
(20) days from the date of the Direction, under the direction and
supervision of the Regional Director for the Second Region (New
York City), among those employees of New York Post, Inc., New,
York City, herein called the Post, and Publishers Service Company,
Inc., New York City,2 within each of the following groups whose
names appeared on the Companies' pay roll or pay rolls immediately
preceding the date of the Direction, including employees who did not
work during such pay-roll period or periods because they were ill or
on vacation, and employees who ' were then or had since been
temporarily laid off, excluding those who had since quit or had been
discharged for cause:
(a) City inspectors and road men including those named in Ap-
pendix "G," 3 to determine whether they desired to be represented
by Newspaper Guild of New York, herein called the Guild, or by
Newspaper and Mail Deliverers' Union, herein called the N. M. D. U.,
or by neither, for the purposes of collective bargaining;
(b) All employees of the Companies including the employees whose
names are set forth in Appendices "A," "B," "C,') 441)," "F," and "H,"
but excluding all executives and officials of the Companies; all
temporary workers in the Public Service Department of the Post;
all canvassers and book deliverers working on book sales on a com-
i N. L. R. B. 1008.
a New York Post, Inc. and Publishers Service Company, Inc. are at times herein referred
to as the Companies.
3 All references to appendices and to the attached appendices, hereby made part hereof.
15 N. L. R. B., No. 108.
973
4974 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mission basis for the Post; all employees of the Companies who were
covered by existing company contracts with established craft- unions;
all employees of the Companies who were coveted by existing com-
pany contracts with established craft unions and who ;were.- eligible
to membership in said established craft unions; the afternoon clerks
and all-day clerks; and, irrespective of the foregoing, excluding
specifically city inspectors and road men; the employees listed on
the Circulation Department pay roll, except the employees whose
names are set forth in Appendix "A"; all employees listed on the
Composing Room pay roll, except the employees whose names are
set forth in Appendix "B"; all employees listed on the Press Room
and Paper Handlers' pay roll; all employees listed on the Stereotype
pay roll, except the employee whose name is set forth in Appendix
"C"; all employees listed on the Photo Engraving and Photo Com-
posing pay roll, except the employees including the maskers whose
names are set forth in Appendix "D"; all employees listed oil, the
Wonderland of Knowledge Canvass pay roll ; all employees listed
oon the Departmental pay roll, page 15; 4 Isabella Whitfield; all per-
sons listed on the Departmental pay roll, page 19; 5 Ralph Neusitz
and Wiley Owens; and all employees whose names are set forth in
Appendix "E," to determine whether or not they desired to be repre-
sented by Newspaper Guild of New York for the purposes of col-
lective bargaining.
In the Decision and Direction of Elections the Board made no final
determination concerning the inclusion or exclusion within the unit
there found to be appropriate of city inspectors and road men em-
ployed by the Post. The Board stated that if a majority of these
employees "vote for the Guild they will thereby indicate that they
desire to be represented by the-Guild for collective bargaining. and
will be included in the general bargaining unit. If, on the other
hand, the majority of these, employees cast their votes ..for,- tbe
N. M. 1). U. they shall be excluded from the general unit."
Pursuant to the Decision and Direction of Elections, elections by
secret ballot were conducted on September 11, 1939, at New York
-City, under the direction and supervision of the Regional Director
for the Second Region. On September 13, 1939, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations. Board Rules and Regulations-Series 2, issued an Election
Report, copies of which were duly served upon the Companies, upon
. 4 Board Exhibit No. 23, p. 15 . The employees listed on page 15 of this pay roll are :
Wilbur Beekman, Fred Butts, Claude Clum, John Dineen, Walter Doyle, Arthur Gaebel,
Edmund Goodrich , Robert Gray , Felix Murphy , John Pursell , and H . J. Bermilyea.
'Board Exhibit No. 23, p. 19. The persons hereby excluded on page - 19 are : George
Babbage, A. F. J. Crandall , Herman Dippel , James Henderson , James Hurley , William
Kistler , William Lawson , Archibald McEwan, Bessie Omansky, and Byron Pink.
NEW YORK POST, INC. 975
the Guild, and upon the N. M. D. U. No Objections to the Election
Report have been filed by any party.
The Regional Director reported the following results of the secret
ballot among Groups (a) and (b) :
Group (a)
Total number eligible to vote-------------------------------- 11
Total number of ballots cast--------------------------------- 11
Total number of ballots counted----------------------------- 11
Total number of votes in favor of Newspaper Guild of New
York ----------------------------------------------------- S
Total number of votes in favor of Newspaper and Mail De-
liverers' Union-------------------------------------------- 3
Total number of votes in favor of neither organization-----__- 0
Total number of blank, void, or challenged votes-------------- 0
Group (b)
Total number eligible to vote________________________________ 499
Total number of ballots cast_________________________________ 349
Total number of ballots counted_____________________________ 347
Total number of votes in favor of Newspaper Guild of New
York----------------------------------------------------- 330
Total number of votes against afore-mentioned organization___ 17
Total number of blank votes--------------------------------- 1
Total number of void ballots-------------------------------- 1
Total number of challenged votes---------------------------- 0
Upon the basis of the entire record, the Board makes the fol-
lowing:
SUPPLEMENTAL FINDINGS, OF FACT
We find that all employees of the Companies including- the em-
ployees.:whose.-names are-set forth.in Appendices "A," "B," "C;' "D,"
`F," and "H," and including city inspectors and road men including
those named in Appendix "G," but excluding all executives and offi-
cials of the Companies; all temporary workers in the Public Service
Department of the Post; all canvassers and book deliverers working
on book sales on a commission basis for the Post; all employees of the
companies who are - covered by existing company contracts with
established craft unions; all employees of the Companies who are
covered by existing company contracts with established craft unions
and who are eligible to membership in said established craft unions;
the afternoon clerks and all-day clerks; and, irrespective of the fore-
going, excluding specifically the employees listed on the Circulation
Department pay roll, except the employees whose names are set
forth in Appendix "A"; all employees listed on the Composing Room
pay roll, except the employees whose names are set forth in Appendix
"B"; all employees listed on the Press Room and Paper Handlers'
976 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
pay roll; all employees listed on the Stereotype pay roll, except the
employee whose name is set forth in Appendix "C"; all employees
listed on the Photo Engraving and Photo Composing pay roll, ex-
cept the employees including the maskers whose names are..set forth
in Appendix "D"; all employees listed on the Wonderland of Knowl-
edge Canvass pay roll; all employees 'listed on the Departmental.
pay roll, page 15; 6 Isabella Whitfield; all persons listed on the De-
partmental pay roll, page 19,7 Ralph Neusitz and Wiley Owens; and
all employees whose names are set forth in Appendix "E," consti-
tute a unit appropriate for the purposes of collective bargaining
and that said unit will insure to employees of the Companies the
full benefit of their right to self-organization and collective bargain-
ing and otherwise effectuate the policies of the Act.
We find that the Guild has been designated and selected by a ma-
jority of the employees in the above-described unit as their rep-
resentative for the purposes of collective bargaining. It is, there-
fore, the exclusive representative of all employees in such unit for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment, and we
will so certify.
Upon the basis of the above findings of fact, and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
1. All employees of the Companies including the employees whose
names are set forth in Appendices "A," "B," "C," "D," "F," and
"H," and including city inspectors and road men including those
named in Appendix "G," but excluding all executives and officials of
the Companies ; all temporary workers in the Public Service Depart-
ment of the Post; all canvassers and book deliverers working on book
sales on a commission basis for the Post; all employees of the Com-
panies who are covered by existing company contracts with estab-
lished craft unions ; all employees of the Companies who are covered
by existing company contracts with established craft unions and who
are eligible to membership in said established craft unions; the after-
noon clerks and all-day clerks ; and, irrespective of the foregoing,
excluding specifically the employees listed on the Circulation Depart-
ment pay roll, except the employees whose names are set forth in
Appendix "A"; all employees listed on the Composing Room pay
roll, except the employees whose names are set forth in Appendix
"B"; all employees listed on the Press Room and Paper Handlers'
pay roll; all employees listed on the Stereotype pay roll, except the
O See footnote 4.
78ee footnote 5.
NEW YORK POST, INC. 977
employee whose name is set forth in Appendix "C"; all employees
listed on the Photo Engraving and Photo Composing pay roll, except
the employees including the maskers whose names are set forth in
Appendix "D"; all employees listed on the Wonderland of I nowl-
-edge Caliva"ss pay roll; all employees. listed on the Departmental pay
roll, page 15; 8 Isabella Whitfield; all persons listed on the Depart-
mental pay roll, page 19; s Ralph Neusitz and Wiley Owens; and all
employees whose names are set forth in Appendix "E;" constitute a
unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
. 2. Newspaper Guild of New York is the exclusive representative
.of all the employees in such unit for the purposes of collective bar-
gaining in. respect to rates. of pay, wages, :hours of employment,, and
other conditions of employment, within the meaning of Section 9 (a)
of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board" Rules and Regulations-Series 2,
IT Is HEREBY CERTIFIED that Newspaper Guild of New York has
been designated and selected by a majority of all employees of New
York Post, Inc., New York City, and Publishers Service Company,
Inc., New, York City, including the employees whose names are set
forth in Appendices "A," "B," "C," "D," "F," and "H," and including
city inspectors and road men including those named in Appendix
"G," but excluding all executives and officials of the Companies; all
temporary workers in the Public Service Department of the Post; all
canvassers and book deliverers working on book sales on a commis-
sion basis for the Post; all employees of the Companies who are
covered by existing company contracts with established craft unions;
all employees of the Companies who are covered by existing company
contracts with established craft unions and who are eligible to mem-
bership in said established craft unions; the afternoon clerks and
all-day clerks; and, irrespective of the foregoing, excluding specifi-
cally the employees listed on the Circulation Department pay roll,
except the employees whose names are set forth in Appendix "A";
all employees listed on the Composing Room pay roll, except the em-
ployees whose names are set forth in Appendix "B"; all employees
listed on the Press Room and Paper Handlers' pay roll; all em-
ployees listed on the Stereotype pay roll, except the employee whose
See footnote 4.
o See footnote 5.
978 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
name is set forth in Appendix "C"; all employees listed on the Photo
Engraving and Photo Composing pay roll, except the employees in-
cluding the maskers whose names are set forth in Appendix "D"; all
employees listed on the Wonderland of Knowledge Canvass pay roll;
all employees listed on the Departmental pay roll, page 15; 10 Isabella
Whitfield; all persons listed on the Departmental pay roll, page 19;11
Ralph Neusitz and Wiley Owens; and all employees whose names are
set forth in Appendix "E," as their representative for the purposes
of collective bargaining and that, pursuant to the provisions of Sec-
tion 9 (a) of the National Labor Relations Act, Newspaper Guild of
New York is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
Frank Saragino.
APPENDIX A
Arthur Jaeger.
APPENDIX B
John R. Curran.
William Fallon.
Thomas Gonsalves.
William Lecomte.
Frank Maggi.
Andrew Marco.
Frank Moger.
James Smith.
John Beninger.
George Cooper.
Calvin Gaebel.
Edward Hessler.
John Mazza.
Karel Palle.
Joseph Phillips.
Michael Rosa.
William Safford.
Reese Walker.
Joseph Williams.
APPENDIX C
APPENDIX D
Lillian Pagano.
Joseph Radetzky.
Mario Spurio.
Michael Surgeary.
10 See footnote 4.
u See footnote 5.
NEW YORK POST, INC.
J. David Stern.
Harry Saylor.
Luther Harr.
David Stern.
Louis Kolb.
Walter Lister.
Paul Tierney.
Andrew Biachi.
Louis Mangel.
Leo Businell.
Thomas Danby.
James Getleson.
Winn Eller.
M. H. Sloman.
Natt Getlin.
Edward Wiest.
Wesley Garver.
Claude Cluin.
Arthur Gaebel.
APPENDIX E
Edmund Goodrich.
Walter Doyle.
Felix Murphy.
Harry Nason.
Paul Sarazen.
Mark Sarazen.
Harold Fenton.
Francis McLaughlin.
George Casey.
E. X. Anderson.
Harry Brightman.
Adolph Gentzel.
Arthur Weiss.
Joseph Hornicek.
Frank Stockman.
John Anderson.
George Schudt.
James Gibson.
Joseph Quilty, Sr.
35. Crew Managers in Wonderland of Knowledge. '
Marvin Dietch.
APPENDIX F
Harold Gardner.
APPENDIX G
979
Harry Becker. Raymond A. Kallmeyer.
Jack Brown. Jas. Kaplan.
John Cintula. Harry Kaufman.
Edward Dunphy. Edward J. Mullins.
Harry Fisher. Jos. Warshauer.
Byron Greenberg.
APPENDIX H
Garry Finley. Thomas Nestor.
Mac Gache. Gerald Rosa.
Stanley MacGovern. Ted Thackeray.
Mary MacClung. Nelly Vap ferpoes.