Star Publishing Co.

National Labor Relations Board - Board Decisions

Dec 29, 1945

65 N.L.R.B. 35 (N.L.R.B. 1945)

In the Matter Of STAR PUBLISHING COMPANY and INDIANAPOLIS NEws-
PAPER GUILD, LOCAL 70, AMERICAN NEWSPAPER GUILD, C. I. 0.
Case No. 11-R-858.-Decided December 29, 1945
Messrs. Carl Wilde and W. A. Dyer, of Indianapolis , Ind., for the
-Company.
Messrs. Joseph K. Shepard and Jack H. Munro, of Indianapolis,
Ind., for the Union.
Mr. Ben. E. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Indianapolis Newspaper * Guild, Local
70, American ! Newspaper Guild, C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Star Publishing Company, In-
dianapolis , Indiana, herein called the Company , the National Labor
Relations Board provided for an appropriate hearing upon due notice
before William 0. Murdock, Trial Examiner. The hearing was held
at Indianapolis , Indiana, on August 24 , 1945. The Company and the
Union appeared and participated . 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 Ex-
aminer'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 COMPANY
Star Publishing Company is an Indiana corporation, having offices*
in Indianapolis and Muncie, Indiana, where it publishes daily and
Sunday newspapers of general circulation. This proceeding involves
only employees of the Indianapolis plant. The Company's annual
65 N. L. R. B., No. 8. 35
36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
out-of-State purchases of news print and ink exceed $50,000, and its
annual revenue exceeds $250,000, three-fifths of which is secured
from the sale of advertising, and 15 percent represents sales from
sources outside the State of Indiana. The Company uses the news
services of the Associated Press, the United Press, North American
Newspaper Alliance, King Features, and other syndicates providing
news and photographs.
The Company admits that it is 'engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Indianapolis Newspaper Guild, Local 70, American Newspaper
Guild, is a labor organization, affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees of the Com-
pany.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
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.'
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
The Union seeks to represent all janitors employed by the Company
at its Indianapolis plant. The Company does not generally oppose
the foregoing unit, but does object to inclusion of the press and com-
posing room janitors and the janitor at the Irvington branch office.
Although the press room and composing room janitors and the
janitor at the branch office are under separate immediate supervision,
they perform the same type of work as the maintenance janitors in the
office building and on occasion are interchanged. We are of the opinion
that all janitors have duties and interests warranting their inclusion
in a single bargaining unit; we shall, therefore, include the press
room, composing room, and branch office janitors in the unit herein-
after found appropriate.
'The Field Examiner reported that the Union submitted 10 cards hearing the names
of 10 employees, listed on the Company's pay roll of August 3, 1945, and that 7 cards
are dated'April 1945, 1 May 1945, and 2 are undated.
There are approximately 12 employees in the appropriate unit
STAR PUBLISHING COMPANY 37
We find that all janitors employed by the Company at Indianapolis,
Indiana, including janitors at the Irvington branch office and in the
composing and press rooms, but excluding all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
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 employees
in the appropriate unit 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 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 Star Publishing
Company, Indianapolis, Indiana, an election by secret ballot shall be
conducted as early as possible, but not later than sixty (60) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Eleventh 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 em-
ployees 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 including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
any who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether or not they desire to be represented by Indianapolis
Newspaper Guild, Local 70, American Newspaper Guild, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.