Springfield Union Publishing Co.

National Labor Relations Board - Board Decisions

Nov 19, 1945

64 N.L.R.B. 869 (N.L.R.B. 1945)

In the Matter of SPRINGFIELD UNION PUBLISHING COMPANY AND RE-
PUBLICAN PUBLISHING COMPANY and NEWSPAPER GUILD OF SPRING-
FIELD , AFFILIATED WITH THE AMERICAN NEWSPAPER GUILD (CIO)
Case No. 1-R-9397.Decided November 19, 1945
Mr. Arthur T. Garvey, of Springfield, Mass. , for the Company.
Isserman, Isserman d Kapelsohn, by Mr. Morris Isserman, of New-
ark, N. J., for the Union.
Mrs. Augusta Spavdding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Newspaper Guild of Springfield,
affiliated with the American Newspaper Guild, CIO, herein called the
Union,' alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Springfield Union Pub-
lishing Company and Republican Publishing Company, Springfield,
Massachusetts, herein collectively called the Companies,, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Robert E. Greene, Trial Examiner. The hearing was
held at Springfield, Massachusetts, on May 28, 29, and 31 and on
July 13, 1945. The Companies and the Union appeared and parti-
cipated. All parties were afforded full opportunity to be heard, to
examine and cross-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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
Springfield Union Publishing Company and Republican Publishing
Company are corporations 2 engaged in the publication of newspapers
.' The petition was filed by New England District Council of the American Newspaper
Guild, acting as agent for the Union.
2 Whether Republican Publishing Company is functioning as a dejure or a defacto
corporation , an issue raised at the bearing, is not material to our finding that this
corporation is an employer within the meaning of the Act.
64 N L R B, No. 148.
869
870 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at Springfield, Massachusetts, the former publishing morning and
evening editions of the Springfield Union and the latter, the Springfield
Republican and the Springfield Daily News. In April 1945, the aver-
age daily circulation of the Springfield Morning Union was 46,618;
of the Springfield Evening Union, 35,969; of the Springfield Repub-
lican, 11,901; and of the Springfield Daily News, 46,618. Approxi-
mately 8 percent of the daily circulation is sent outside Massachusetts.
During 1944, the Companies purchased for their common use news-
print valued at approximately $485,000, all of which came -from
Canada. Other raw materials such as ink, mats, and metal are pur-
chased in Massachusetts through local brokers. The Companies use
the same printing plant. Approximately 28 percent of the Com-
panies' advertising is national advertising. The Springfield Union
and the Springfield Republican are members of the Associated Press.
The Companies purchase syndicated articles from the United Press
and other news services outside Massachusetts.
The control of the stock of the Companies is vested in voting trus-
tees. Sherman H. Bowles serves as treasurer of both corporations.
We find that the Companies, and each of them, are engaged in com-
merce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Newspaper Guild of Springfield is a labor organization, affiliated
with the American Newspaper Guild and with the Congress of Indus-
trial Organizations, admitting to membership employees of the
Companies.
III. THE QUESTION CONCERNING REPRESENTATION
In October 1944, the Union asked the Companies for recognition
as bargaining representative of their employees. The Companies
refused the recognition until the Union should be certified by the
Board.
A statement of a Board agent, introduced into evidence at the hear-
ing indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.3
We find that a question affecting commerce has arisen concerning
the representation of employees of the Companies within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
s The Field Examiner reported that the Union submitted 65 cards, of which 60 bore the
names of employees listed on the Companies' pay rolls of April 6, 1945; and that 13 cards
are dated in 1944; 6 in 1945, and 46 undated.
There are approximately 129 employees in the appropriate unit.
SPRINGFIELD UNION PUBLISHING COMPANY 871
IV. THE APPROPRIATE UNIT
The Union contends that editorial employees of the Companies
constitute a single appropriate unit. The Companies contend that
editorial employees of the four papers, respectively, constitute four
separate appropriate bargaining units. The parties further disagree
as to the categories of employees to be included in the unit or units
found appropriate.
The Companies operate one pressroom where the several papers are
printed, and the record indicates that they have a common circulation
department. The same truck distributes all papers and a common
distribution sheet, listing all papers published by the Companies, re
cords the number of copies delivered to dealers. Employees of the
Companies use a common letterhead entitled "Springfield News-
papers," and have a common direbtor of personnel. Reporters share
a common car pool, office equipment, and supplies. There is some
interchange of employees among the editorial staffs of the respective
papers and, in emergencies, the staff of one paper will put out an edi-
tion of another paper without additional compensation. Some edito-
rial employees serve all papers. Editorial employees of the four
papers received notices of wage increases at the same time, all bearing
the signature of Bowles, the treasurer of both corporations. Upon the
basis of the above, and the entire record herein, we find that the Com-
panies jointly employ the employees herein concerned, within the
meaning of the Act.
The Companies recognize International Typographical Union as
the bargaining representative of employees in their two composing
rooms in a single unit, and employees in the pressroom are represented
by another labor organization in a single bargaining unit. The record
does not reveal any reason to indicate that a single unit of editorial
employees of the Companies is not equally appropriate. Following
the unit pattern established by compositors and pressroom employees,
we find that editorial employees of the Companies constitute a single
appropriate bargaining unit.
In the unit of the Companies' editorial employees, the Union would
include all full-time editorial employees, including the Boston corre-
spondents, but excluding all other out-of-town correspondents, part-
time employees, and supervisory employees. The Company urges
that all out-of-town employees should be included in the unit and that
there is no distinction between the Boston correspondents and other
out-of-town employees.
The Companies' Boston correspondents serve the main editions of
the Companies' papers at Springfield and are considered an integral
872 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
part of the editorial staff by the Springfield employees . Boston cor-
respondents report regularly to Springfield at least once a week and
they collaborate on stories with employees at Springfield . Their as-
signments are not restricted to local Boston news stories. They
receive their wages at Springfield . Other out- of-town correspondents,
located at Holyoke, Westfield , Greenfield , North Adams, Palmer, and
Thompsonville are essentially suburban employees , whose attention is
focused on local news items. Not only are they geographically sepa-
rated from each other, but they are also separated at varying distances
from the Springfield editorial employees , who are immediately respon-
sible for the principal editions of the regular city papers . All out-of-
town correspondents have telephonic communication with the Spring-
field offices . A few have the opportunity of visiting the Springfield
offices at regular intervals , but most of them do not. Many of these
out-of-town employees are part -time employees , whose work for the
Companies is purely incidental to their regular employment elsewhere.
We shall exclude the out-of-town correspondents , other than the'Bos-
ton correspondents , from the unit.
The Companies employ at Springfield two part-time employees who
devote the majority of their time to activities other than editorial
work, and their employment interests do not lie chiefly with the Com-
panies ' papers. Since it appears that their newspaper work is purely
incidental to their full -tinge activities , we shall exclude them from the
bargaining unit.
Although the parties discussed the exclusion of certain employees at
the hearing and introduced evidence With respect to their duties, re-
'sponsibilities , and authorities , it does not appear that there is any real
dispute between them as to the proper unit placement of any employees
with respect to our definition of the term " supervisory employees." 4
We find that all editorial employees of the Companies , including
the Boston correspondents , but excluding other out -of-town corre-
spondents , part-time employees, editors , and other supervisory em-
ployees with authority to hire, promote , discharge , discipline , or other-
wise effect changes in the status of employees , or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 ( b) of the Act.
4 During the course of the hearing, the parties agreed that Edwin Field , Philip Richard-
son, Walter Graham, Frank Kelly, Richard Hooker, George Doyle, Horace Hill , and Charles
Bellamy should be excluded from the unit . All these employees occupy special positions on
the Companies ' staff and are closely tied with the formation and direction of policies.
Waldo Cook , as editor of the Springfield Republican , also directs its editorial policy and is
clearly excluded above. Victor Hall and Leslie Stern occupy comparable positions on the
morning and evening editions of the Springfield Union , are vested with supervisory
authority , and are therefore excluded under our definition of "supervisory "
SPRINGFIELD UNION PUBLISHING COMPANY
V. THE DETERMTNATION OF REPRESENTATIVES
873
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot.
During the summer two employees were added to the Springfield
editorial staff for the summer months. Whether these employees are
still on the pay roll is not a matter of record. Since temporary em-
ployees do not have a substantial interest in working conditions, we
shall provide that they shall not participate in the election.
Those eligible to vote in the election shall be all employees in the
appropriate unit, excluding temporary employees, who were employed
during the pay-roll period immediately preceding the date of the
Direction of Election herein, subject to the limitations and additions
set forth in the Direction.
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 Springfield Union
Publishing Company and Republican Publishing Company, Spring-
field, Massachusetts, 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 supervision of the Regional
Director for the First 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 Regulations, among 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 employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and includ-
ing employees in the armed forces of the United States who present
themselves in person at the polls, but excluding those employees who
have since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the election to determine whether or
not they desire to be represented by Newspaper Guild of Springfield,
affiliated with the American Newspaper Guild, CIO, for the purposes
of collective bargaining.
0