Philadelphia Inquirer Co.

National Labor Relations Board - Board Decisions

Jun 17, 1941

32 N.L.R.B. 768 (N.L.R.B. 1941)

I n the Matter Of PHILADELPHIA INQUIRER COMPANY and NEWSPAPER
GUILD OF PHILADELPHIA AND' CAMDEN
Case No. R-2285
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
June 177 1941
On April 17, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in
the above-entitled proceeding.', Pursuant to the Direction, separate
elections by secret ballot were conducted on May 7, 1941, under the
direction and supervision of the Regional Director for the Fourth
Region (Philadelphia, Pennsylvania). On May 12, 1941, the Re-
gional Director, acting pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
issued an Election Report, copies of which were duly served upon
the parties. No objections to the conduct of the election or to the
Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows:
ltoadmen
Total on eligibility list_____________________________________ S
Total ballots cast------------------------------------- S
Total challenged ballots-- ----------------------------------- 0
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------- 0
Total valid ballots cast------------------------------------- 8
Votes cast for Newspaper Guild of Philadelphia and Camden
affiliated with the C. I. 0--------------------------------- 1
Votes cast for Philadelphia Newspaper and Magazine Chauf-
feurs and Handlers, Local Union No. 628, affiliated with the
A. F. of L---------------- ----------------------- 0
Votes cast for neither--------------------------------------- 7
131 N. L R B 26.
32 N. L. R. B., No. 134.
768
PHILADELPHIA INQUIRER COMPANY ) ' 769
District, Managers
Total on eligibility list______________________________________
Total. ballots,cast ------------------------------------------
Total challenged ballots____________________________________
-Total blank -ballots _________________________________________
Total void ballots__________________________________________
Total valid votes cast ______________________'______________-_
Votes' cast fo* Newspaper' Guild of Philadelphia and Camden,
affiliated with the C. I. 0_________________________________
Votes cast for Philadelphia Newspaper and Magazine Chauf-
fenrs and Handlers, Local Union No. 628, affiliated with the
------
Votes cast for 'neither ------------'________-________________
Street Men
14
14
0
0
0
14
9
a.
0
Total on eligibility list______________________ ----------------- 10
Total ballots cast ---------------------------- ______________I 10,
Total challenged ballots____________________________________ 0
Total, blank ballots----------------------------------------- 0
Total void ballots__________________________________________ 0
Total valid ballots cast_____-'________________________________ 10
Votes cast for Newspaper Guild of Philadelphia and Camden, V
affiliated with the C. I O________________________________ 0
Votes cast for Philadelphia -Newspaper and, Magazine Chauf-
feurs and Handlers, Local Union No 628, affiliated with the -
A. V. of L----------------------------------------------- 10
Votes cast for neither______________________________________ 0
-Masking Artists -
Total on eligibility list_________ ____________________________ 19
Total ballots cast ------------------- ---------------- '------- 17
Total challenged ballots____________________________________ 0
Total blank ballots_________________________________________ 0
Total void ballots__________________________________________
Total valid ballots cast____________________________________
Votes ' cast for Philadelphia Photo-Engravers Union No. 7,
I. P. E. U. of North America, affiliated with the A. F. of L__ 0
Votes cast for Newspaper Guild of -Philadelphia and Camden,
affiliated with the C I. O_________________________________ 17
Votes cast for neither_______________________________________ 0
Upon the basis, of the entire record in the case, the Board makes
the following
SUPPLEMENTAL FINDINGS OF FACT
At the hearing Newspaper Guild of Philadelphia and Camden,
herein called the Guild , the petitioning labor organization , requested
the inclusion of the roadmen , district managers, streetmen, and
masking artists in a general bargaining unit, comprising editorial,
advertising, circulation , and other employees , of which it was shown
770 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to represent a majority. Philadelphia Photo-Engravers Union No. 7.
I. P. E. U. of North America, herein called the Photo-Engravers,
an intervening labor organization, opposed the inclusion in that unit
of the masking artists, Philadelphia Newspaper and Magazine
Chauffeurs and Handlers, Local No. 628, herein called the Chauffeurs,
also intervening, opposed the inclusion of the roadmen, district man-
agers, and streetmen, contending that these groups together with
the drivers and helpers constitute a separate appropriate unit. In
its Decision, the Board made no final determination as to the proper
unit or units for the above disputed groups, stating that such unit
or units should be determined by the desires of the employees involved,
expressed in separate elections.
The result of the elections shows that a majority of the district
managers and of the masking artists desire to be represented by
the Guild. We shall accordingly include them in the general unit
requested by the Guild and, since the Guild is shown to represent
the majority of the employees in such unit, we shall certify the
Guild as the exclusive representative of all such employees.
According to the terms of a stipulation entered into by the Com-
pany and the Chauffeurs and introduced in evidence at the hearing,
the Chauffeurs represent all the 105 drivers and helpers employed
by the Company. The results of the elections indicate that Chauf-
feurs have also been selected by a majority of the streetmen as their
exclusive representatives. We shall accordingly include the streetmen
in a unit with the drivers and-helpers and shall certify the Chauffeurs
as the exclusive representative of all such employees.
Inasmuch as a majority of the roadmen voted against both labor
organizations in the election, we shall not certify representatives
for the roadmen.
We find that all employees of the Company in the editorial, adver-
tising, accounting, composing-room detail, newsprint, and circula-
tion departments, and telephone operators, including masking artists,
district managers, clerks, employees of the insurance and home deliv-
ery, pre-date circulation, and contest divisions, but excluding road-
men, streetmen, pre-date circulation roadmen, mail subscription
employees, the circulation director, the heads of the city circulation,
country circulation, premium and insurance, and pre-date circulation
divisions, drivers and helpers, and employees in the above depart-
ments who are excluded in the' Guild's outstanding contract, constitute
a unit appropriate for the purposes of collective bargaining, and that
said unit will insure to the employees of the Company the full benefit
of their right to self-organization and collective bargaining and
otherwise effectuate the policies of the National Labor.Relations Act,
PHILADELPHIA INQUIRER COMPANY 771
We find that the drivers, helpers, and streetmen employed by the
Company constitute a unit appropriate for the purposes of collective
bargaining and that • said unit will insure to employees of the Com-
pany the full benefit of their 'right to self -organization and collective
bargaining and otherwise effectuate' the' policies of the National Labor
Relations Act. '
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 Company in the editorial, advertising,
accounting, composing-room detail, newsprint, and circulation de-
partments, and telephone operators, including masking artists, dis-
trict manage'rs,•clerks, employees of the insurance and home delivery;
pre-date circulation, and contest divisions, but excluding roadmen,
streetmen, pre-date circulation roadmen, mail subscription employees,
the circulation director, the heads of the city circulation, country
circulation, 'premium and insurance, and pre-date circulation divi-
sions, drivers and helpers, and employees in the above departments
who, are excluded in the Guild's outstanding contract, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the National Labor Relations Act.
2. All drivers, helpers, and streetmen of the Company constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) 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
Relations Act, 49 Stat. 449, and pursuant to Article III, Sections
8 and 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, -
IT IS HEREBY CERTIFIED that Newspaper Guild of Philadelphia and
Camden has been designated and selected by a majority of all em-
ployees of Philadelphia Inquirer Company, Philadelphia, Pennsyl-
vania, in the editorial, advertising, accounting, composing-room de-
tail, newsprint, and circulation departments, and telephone operators,
including masking artists, district managers, clerks, and employees
of the insurance,and home delivery, pre-date circulation, and contest
divisions, but excluding roadmen, streetmen, pre-date circulation
roadmen, mail subscription employees, the circulation director, the
beads of the city circulation, country circulation, premium and
448692-42-vol. 32-50
772 DECISIONS OF NATIONAL LABOR - RELATIONS BOARD
insurance, and pre-date circulation divisions, drivers and helpers, and
employees in the above departments who are excluded in the Guild's
outstanding contract, as their representative, for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the
National Labor Relations Act, Newspaper Guild of Philadelphia
and Camden is the exclusive representative of all such employees for
the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment.
IT IS HEREBY FURTHER CERTIFIED that Philadelphia Newspaper and
Magazine Chauffeurs and Handlers, Local Union No. 628, has been
designated and selected by a majority of the drivers, helpers, and
streetmen of Philadelphia Inquirer' Company,' Philadelphia, Penn-
sylvania, as their representative for the purposes of collective bar-
gaining and that. pursuant 'to Section 9- (a) of the National Labor
Relations Act, Philadelphia Newspaper' and' Magazine Chauffeurs
and Handlers, Local Union No. 628, is the 'exclusive representative
of all such employees for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other
conditions of employment.