The Associated Press

National Labor Relations Board - Board Decisions

Aug 8, 1942

42 N.L.R.B. 1334 (N.L.R.B. 1942)

In the Matter of THE ASSOCIATED PRESS and THE NEWSPAPER GUILD
OF DETROIT , LOCAL 22, OF THE AMERICAN NEWSPAPER GUILD, C. I. O.
Case No. R-4047'-Decided August 8, 1942
Juiisdiction : news collecting and distributing industry
Investigation and Certification of Representatives : existence of question re-
fusal to accord petitioner recognition on ground that unit was inappropriate,
election necessary
Unit Appropriate for Collective Bargaining : all employees of the Company and
its wholly owned American subsidiaries employed in the State of Michigan,
excluding chief of bureau at Detroit, traffic chief of bureau, and traffic
employees
Mr. Theodore R Smits, of Detroit, Mich, for the Company
Isserman, Isserman, and Kapelsohn, by Mr Abraham Isserman, of
Newark, N. J., for the Union
Mr Louis Cokin, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by The Newspaper Guild of Detroit,
Local 22, of the American Newspaper Guild, C. I. 0, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of The Associated Press,
Detroit, Michigan, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due
notice before Harold Cranefield, Trial Examiner. Said hearing was
held at Detroit, Michigan, on July 16, 1942 The Company and the
Union appeared, participated, and 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.
On July 21 and 28, 1942, respectively, the Company and the Union
filed briefs which the Board has considered
42NLRB,No242
1334
THE ASSOCIATED PRESS 1335
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
The Associated Press is a non-profit association of persons, who,
owning or representing newspapers operated for profit, have entered
into a mutual ' and cooperative association for the collection and
interchange of information and intelligence for publication in the
newspapers owned or repi esented by them It has at present about
1350 members. The principal office of the Company is in New York
City It, has its own representatives in important capitals and cities
in the United States and in other parts of the world. All forms of
communication, including telephone, messenger, wireless, and mail,
are employed. The Company has over 1700 employees and during
1941 received approximately $12,000,000 in revenue. This proceeding
involves employees of the Company located in the State of Michigan.
H. THE ORGANIZATION INVOLVED
The Newspaper Guild of Detroit, Local 22, of the American News-
paper Guild, is a labor organization affiliated with the Congress of
Industrial Organizations, admitting to membership employees of the
Company.
III THE QUESTION CONCERNING REPRESENTATION
The Union has requested the Company to recognize it as exclusive
representative of its employees located in the State of Michigan The
Company refused this request on the ground that the employees
claimed by the Union do not constitute an appropriate unit.
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the Union represents a substantial
number of the employees in the unit hereinafter found to be
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 National Labor
Relations Act.
'IV. THE APPROPRIATE UNIT
The Union urges that all employees of the Company and its wholly
owned American subsidiaries regularly employed in the State of
' The Regional Director reported that the Union presented 14 authorization cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay ioll , June 15 , 1942 There are 29 persons on that pay roll in the unit hereinafter
found to be appropriate
1336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Michigan, excluding the Detroit chief of bureau, traffic chief of
bureau, and traffic employees, constitute an appropriate bargaining
unit The Company does not dispute the proposed exclusions, but
contends that the unit should be confined to employees working at
Detroit, Michigan.
In addition to its Detroit bureau, where it employs 18 persons, the
Company employs 3 persons at Lansing, Michigan, and 1 person at each
of the following cities in Michigan Ann Arbor, Fort Custer, Grand
Rapids, Muskegon, and Bay City The Company's employees
throughout the State are under the supervision of the chief of
bureau in Detroit, who manages the Company-'s opei ations, hears
grievances and complaints, makes recommendations with respect to
the hire and discharge of all personnel throughout the State, and
assigns employees in other offices within the State to obtain specific
news stories Expense accounts of all employees must be approved
by him Under the circumstances, we find 'that a unit composed of
all employees of the company employed in the State of Michigan
is appropriate
We find that all employees of the Company and its wholly owned
American subsidiaries regularly employed in the State of Michigan,
excluding chief of bureau at Detroit, traffic chief of bureau, and traffic
employees, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act
V THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be solved by an election by secret ballot. We shall
direct, in accordance with a stipulation of the parties, that the em-
ployees of the Company eligible to vote in the election shall be those
in the appropriate unit who were employed during the pay-roll period
ending July 11, 1942, subject to the limitations and additions set forth
in the Direction of Election herein 2
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, 49 Stat 449, and pursuant to Article III,, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Associated
The Union requests that it appear on the ballot as "The Newspaper Guild of Detroit "
The request is hereby granted
THE ASSOCIATED PRESS 1337
Piess, Detroit, Michigan, an election by secret ballot shall be con-
ducted 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 Seventh Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 9, of said Rules and Regulations, ,among the employees of
the Company in the unit found appropriate in Section IV, above, who
were employed during the pay-ioll period ending July 11, 1942, in-
cluding any such employees who did not work during said pay-roll
period because they were ill or on vacation or in the active military
service or training of the United States, or temporarily laid off, but
excluding any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by The News-
paper Guild of Detroit for the purposes of collective' bargaining
MR GERARD D REILLY took no par t in the consideration of the above
Decision and Direction of Election '
i