Stockholders Publishing Co., Inc.

National Labor Relations Board - Board Decisions

Mar 29, 1941

30 N.L.R.B. 696 (N.L.R.B. 1941)

I n the Matter of STOCKHOLDERS PUBLISHING COMPANY, INC. and Los
ANGELES NEWSBOYS LOCAL INDUSTRIAL UNION No. 75, C. I. O.
In the Matter of HEARST PUBLICATIONS, INCORPORATED ( Los ANGELES.
EVENING HERALD & EXPRESS DEPARTMENT) and Los ANGELES NEWS-
BOYS LOCAL INDUSTRIAL UNION No. 75, C. I. O.
In the Matter Of TIMES MIRROR CO. and Los ANGELES NEWSBOYS LOCAL
INDUSTRIAL UNION No. 75, C. I. O.
In the Matter Of HEARST PUBLICATIONS, INCORPORATED (Los ANGELES
EXAMINER DEPARTMENT) and Los ANGELES NEWSBOYS LOCAL INDUS-
TRIAL UNION No. 75, C. I. O.
Cases Nos. R-1923 to R-196, inclusive
THIRD AMENDMENT TO DIRECTION OF ELECTIONS
March 29, 1941
On January 9, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceedings, the elections to be held not later than
thirty (30) days from the date of the Direction of Elections, under
the direction and supervision of the Regional Director for the Twenty-
first Region (Los Angeles, California). On January 18, 1941, the
Board issued an Amendment to Direction of Elections .2 On Janu-
ary 31, 1941, the Board issued a Second Amendment to Direction of
Elections,3 providing that the elections should be held within sixty
('60) days from the date of the Direction of Elections instead of within
thirty (30) days therefrom.
The Board, at the request of the Regional Director, hereby amends
the Direction of Elections, as amended, by striking therefrom the
words "not later than sixty (60) days from the date of this Direction
of Elections" and substituting therefor the words "not later than
ninety (90) days from the date of this Direction of Elections."
1 28 N . L R B 1006.
2 29 N. L R B. 94.
2 29 N L. B.B.\95
30 N. L . R. B., No. 110.
696
STOCKHOLDERS PUBLISHING COMPANY, INC. 697
[SAME TITLE]
FOURTH AMENDMENT TO DECISION AND DIRECTION
OF ELECTIONS
April 12, 1941
On January 9, 1941, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Elections in
the above-entitled proceeding,' directing that elections be held within
thirty (30) days from the date of the said Direction of Elections,
under the direction and supervision of -the Regional Director for the
Twenty-first Region (Los Angeles, California). On January 18,
1941, the Board issued -an Amendment to Direction of Elections.2
On January 31, 1941, the Board issued a Second Amendment to
Direction of Elections.' On March 29, 1941, the Board issued a
Third Amendment to Direction of Elections, providing that the
elections should be. held within ninety (90) days from the date of the
Direction of Elections.
The Board, having entered into a stipulation, dated March 29,
1941, with Hearst Publications, Incorporated (Los Angeles Evening
Herald & Express Department) and Los Angeles Newsboys Local
Industrial Union No. 75, C. I. 0., providing, inter alia, as follows:,
IT IS HEREBY STIPULATED AND AGREED by and between the par-
ties hereto, that the Board may amend its original Decision and
Direction of Elections by striking from Part VI, paragraph (1)-
thereof,-the first paragraph on page 17 thereof purporting to
define "full time" and "part time" newsboys engaged in selling
the Los Angeles Evening Herald and Express and substituting
therefor the following : _
Thus defined with respect to the Los Angeles Evening Her-
ald and Express, the term "full time" newsboy means a news-
boy who regularly sells to the public five or more editions a
day five or more days a week : The term "part time" newsboy
means a newsboy who sells to the public less than five editions
a day or who sells to the public all or any of the daily editions
published by the Los Angeles Evening Herald and Express less
than five days a week.
The Board, having entered into a stipulation, dated March 29,
1941, with Stockholders' Publishing Company, Inc. and Los Angeles
128 N. L. R B. 1006.
2 29 N L R B. 94.
3 29 N. L R B. 95
I
698 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Newsboys Local Industrial Union No. 75, C. I. 0., providing, inter
alias as follows :
WHEREAS, the-National Labor Relations Board by its Amend-
ment to the Decision and Direction of Elections dated January
18, 1941, amended its original Decision and Direction of Elections
by striking therefrom the third paragraph of Section 6 of the
Decision and Direction of Elections (appearing on Page ' 17 of
the original Decision and Direction of Elections) and substitut-
ing therefor a separate paragraph which reads as follows :
With respect to the News, the term "full-time newsboy in-
cludes a newsboy who sells to the general public, the Five, Six,
Eight, Nine, and Ten Star, or the Six, Eight, Nine, and Ten
Star editions of the News 5 or more days a week and includes
a newsboy who sells the Four Star edition, and previous edi-
tions of the News for a minimum of 4 hours per day between
the hours of 4 A. M. and 10 A. M. 5 or more days a week (foot-
note), and excludes, among others, part-time newsboys; the
term "part-time" newsboy includes a newsboy who sells to the
general public fewer than the Six, Eight, Nine, and Ten Star
editions per day and includes a newsboy who sells the Four_
Star Edition of the News less than 4 hours per day.
and
WHEREAS, the Amendment to the Decision and Direction of Elec-
tions does not accurately describe the terms therein purported to be
described,
Now, THEREFORE , IT IS HEREBY STIPULATED AND AGREED by and
between the parties hereto that the National Labor Relations
Board may further amend its Decision and Direction of Elections
by striking the paragraph above-quoted from the Amendment
to the Decision and Direction of Elections and substituting there-
for the following :
With respect to the News, the term "full-time" newsboy
means a newsboy who sells to the general public Five, Six,
Eight, Nine and Ten Star editions, or Six, Eight, Nine and
Ten Star editions of the News, 5 or more days a week, and
means a newsboy who sells the Four Star edition and previous
editions of the News for a minimum of four hours per day be.
tween the hours of 4 o'clock A. M. and 10 o'clock A. M., five
or more days a week. -
and,
The Board, having been advised by the Regional Director that a
longer period within which to hold the elections is necessary,•.
STOCKHOLDERS PUBLISHING COMPANY, INC. 699
IT IS HEREBY ORDERED that said stipulations be, and they hereby are,
made a part of the record in this proceeding;
IT IS FURTHER ORDERED that the Decision , as amended , be, and the
same hereby is, amended by striking therefrom the second paragraph
of Section VI of the Decision (appearing on page 17 of the original
decision ) and substituting therefor , as a separate paragraph, the
following :
Thus defined with respect to the Los Angeles Evening Herald
and Express , the term "full time" newsboy means a newsboy
who regularly sells to the public five or more editions a day five
or more ' days a week : The term "part time" newsbo.y means a
newsboy who sells to the public less than five editions a day or
who sells to the public all or any of the daily editions published
by the Los Angeles Evening Herald and Express less than five
days a week.
IT Is FURTHER ORDERED that the Decision , as amended , be, and the
same hereby is, amended by striking therefrom the third paragraph
of Section VI of the Decision ( appearing on page 17 of the original
decision ) and substituting therefor , as a separate paragraph, the
following :
With respect to the News, the term "full-time" newsboy means
a newsboy who sells to the general public Five, Six, Eight, Nine
and Ten Star editions, or Six, Eight, Nine and Ten - Star editions
of the News , 5, or more days a week, and means a newsboy who
sells the Four Star edition and previous editions of the News for
a minimum of four hours per day between the hours of 4 o'clock
A. M. and 10 o'clock A. M., five or more days a week.
IT IS FURTHER ORDERED that the Direction of Elections , as amended,
be, and the same hereby is, amended by striking therefrom the words
"not later than ninety ( 90) days from the date of this Direction of
Elections ," and substituting therefor the words "not later than one
hundred and twenty (120) days from the date of this Direction of
Elections." -
30 N. L. R. B., No. 110a.