The Brooklyn Citizen

National Labor Relations Board - Board Decisions

Sep 17, 1943

52 N.L.R.B. 673 (N.L.R.B. 1943)

In the Matter of THE BROOKLYN CITIZEN and NEWSPAPER GUILD of
NEW YORK
Case No. R-5876.-Decided September 17, 1943
Gross and Keck, by Mr. Frederick A. Keck, of Brooklyn, N. Y., for
the Company.
Isserman, Isgerman, and Kapelsohn, by Messrs. Sol D. Kapelsohn
and Irving Leuchter, of Newark, N. J., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Newspaper Guild of New
York, affiliated with the American Newspaper Guild, CIO, herein
called the Union, alleging that a ' question affecting commerce had
arisen concerning the representation of employees of The Brooklyn
Citizen, Brooklyn, New York, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Richard J. Hickey, Trial Examiner. Said hearing was
held at New York City on August 17 and 19,1943. 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.
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
1. THE BUSINESS OF THE COMPANY
The Brooklyn Citizen,' a New York corporation with its principal
office and place of business located in Brooklyn, New York, is engaged
i The original petition set forth the name of the Company as Brooklyn Citizen , Inc. At
the hearing a motion was made to correct all papers so as to reflect the correct name of
the Company. This motion was granted by the Trial Examiner.
52 N. L. R. B., No. 116.
673
674 DEIOISSOIVS OF A"AYrIONAL LABOR RE 'LAT'IONS BOARD
in the publishing, sale, and distribution of a newspaper. During the
period from July 1, 1942, to June 30, 1943, the total average daily
circulation of the Company's newspaper was 31,000. It has no Satur-
day or Sunday circulation. An average of 91 copies on its publishing
days, or a total of 30,264 for the above-mentioned period, was sent from
the plant to points outside the State of New York; the'weight of these
copies, which was sent through the United States mail, amounted to
not less than 5,650 pounds during the aforesaid period. During the
same period the Company purchased raw materials amounting to ap-
proximately 687 tons, of which approximately 90 percent was shipped
to the Company's plant from points outside the State of New York.
The value of these raw materials was approximately $36,450. The
Company receives the local, State; national, and foreign news services
of the United Press which are transmitted to it by • wire from, the
United Press office in New York City. Approximately 6 percent of
the news printed by the Company in its paper is received through this
source. In addition, the Company subscribes to and regularly receives
at its plant news, features, photographs, column strips, cartoons, and
other syndicated features from Central Press, Kings Feature Syndi-
cate, and United Feature Syndicate, of which approximately one-third
are syndicated features obtained from points outside the State of New
York. The Company's advertisements during the year 1942 amounted
in value to approximately $247,756.29, of which approximately 6 per-
cent was devoted to national advertising. The national advertising is
obtained through various national advertising agencies which have
representatives throughout the United States. We find that the Com-
pany is engaged in commerce within the meaning of the National
Labor Relations Act 2
II. THE ORGANIZATION INVOLVED
Newspaper Guild of New York, an affiliate 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
By letter dated March 24, 1943, the Union requested recognition
from the Company as the bargaining agent of its employees. The
Company replied by letter dated March 29, 1943, in which it denied the
majority status of the Union. On June 23, the Union again requested
recognition, but this time limited its request to a unit consisting of the
members of the editorial department of the Company. The Company
2 Matter of Lebanon News Publishing Co., 37 N L. R. B. 649 ; Matter of Post-Standard
Co., 39 N. L. R. B. 1308; cf. also A. S. Abell Co. v. N. L. it. B. 97 F. (2d) 951 (C. C. A 4).
THE BROOKLYN CITIZEN 675
again refused to recognize the Union. On July 10, the amended peti-
tion herein was filed by the Union.' ,
Statements of the. Regional Director and of the Trial Examiner,
introduced into evidence and read into the record at the hearing, indi-
cate that the Union represents a substantial number of employees in
the unit hereinafter found appropriate .4
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 a unit consisting of all employees in
the editorial department, excluding .major executives and confidential
secretaries, if any. The Company contends that the appropriate unit
should consist of all employees of the Company engaged in its editorial
and commercial departments, excluding major executives, confidential
secretaries, employees in the mechanical departments, and members
or persons eligible to membership in existing craft unions.
The record discloses that there has been no bargaining history con-
cerning the employees in either the editorial or commercial departments
of the Company, and that the Union is, thus far, the sole labor organi-
zation which has evinced an interest in any of these employees. It
further discloses, as herein indicated, that the Union represents none
of the employees in the commercial department, although such persons
are eligible for membership.
The editorial department of a newspaper company has, on several
occasions, been found by us to consist of an identifiable group of em-
ployees, and to constitute an appropriate unit.5 Since the Union has
not been able to extend its organizational activities to the commercial
departments, and in order to permit the employees of the editorial
department the exercise of the rights guaranteed by the Act, we are
of the opinion that the unit requested by the Union is appropriate at
this time for the purposes of collective bargaining. However, we do
not thereby preclude further reconsideration of the appropriateness
' The original petition was filed on May 15, 1943 1
4 The Regional Director reported that the Union submitted 6 application cards bearing
apparently genuine original signatures and containing the names of persons appearing upon
the Company 's pay roll of May 1943. Said pay roll contains the names of 13 persons in
the unit hereinafter found appropriate
The Trial Examiner read into the record a statement indicating that the Company's pay
roll contained the names of 15 persons in the unit hereinafter found appropriate and that
his check of the Union 's application cards indicated that the Union at the date of the
hearing represented 5 employees in said unit The Trial Examiner further reported that
there are approximately 32 employees in the unit alleged by the Company to be appropriate
(consisting of both the commercial and editorial departments of the Company ) and that
the Union represents none of the employees in the commercial department of the Company.
5In the Matter of New Fork Times Co , Inc., 32 N. L . R. B 928; In the Matter of Clarks-
burg Publishing Co., 25 N. L. R. B .-456; In the Matter of Indianapolis Tsmes, 8 N. L. R. B.
1256.
549875-44-vol. 52-44
676 ' D ICISIONS OF NAMIONAL LABOR RELATIONS BOARD
of a larger unit, should organization of the Company's employees be
extended.e
There remains for discussion certain individuals whose exclusion or
inclusion are in dispute. The Union would exclude A. J. Busch, A.
Casey, William Granger, and F. Siebold on the grounds that they are
either supervisory employees or persons whose interests are not akin
to those of the employees in the editorial department. The Company
would include them.
` A. J. Busch is the managing editor of the Company and receives a
salary of $73 per week. He has apparent 7 authority to hire and
discharge. We find that he is a supervisory employee and shall exclude
him from the appropriate unit.
A. Casey is the city editor and receives a salary of $50 per week.
He makes assignments to reporters and has the power to transfer
them from one assignment to another. The employees respect the
apparent authority of this employee and obey his orders. He has
the authority to recommend hiring and discharging. He reports to
Busch, who is his immediate supervisor. We are of the opinion that
the activities and duties of Casey are such as to fall within our
definition of a supervisor, and for this reason we shall exclude him.
William Granger is the sports editor and receives a salary of $60
per week 8 He is in charge of a department consisting of himself
and one other emplpyee over whom he exercises the same supervisory
authority as does Casey over the remainder of the editorial staff.
Although he does not have the power to hire or discharge, he does
have the power to assign and direct. In view of these circumstances,
we shall exclude him.9 -
F. Siebold is a telephone operator, performing the duties usually
pertaining to that classification. The Company, in seeking her in-
clusion, contends that she has always been listed on the pay roll
of the editorial department, and that the major portion of her duties
are related to that department; the Union seeks to exclude her. The
record discloses that other than the receiving and sending of tele-
phone calls and messages, she has no contact with the editorial de-
partment and she performs no editorial work. We are of the opinion
that, in this instance, her interests and duties are not sufficiently akin
6 Matter of Kansas City Star Company, 47 N. L. it. B. 386.
7 The record discloses that he issues instructions to hire and discharge , but usually
consults with the publisher before doing so.
8 The Company explained that Granger 's salary is larger than Casey's salary because of
the greater seniority which Granger enjoys.
8 See Matter of Brooklyn Daily Eagle, 13 N. L. it. B. 974. In Matter of American News-
papers, Inc., 22 N. L. it. B. 899, at 944, we stated with respect to employees ".. . who do
not have authority to hire and discharge, but have power to direct the work of others, assign
work to them , and see that they do the work" that it is the usual practice of the Board
to exclude them. This reasoning applies equally to the cases of Casey and Busch.
THE BROOKLYN CITIZEN 677
to those of the employees in the editorial department as to warrant
her inclusion within a unit of such employees 10
- We find, therefore, that all employees in the editorial department
of the Company, excluding Busch, Casey, Granger, as well as any
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively, recommend such action, all switchboard and
telephone operators, and all confidential secretaries, if any, 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, shall,,direct,that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 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 Brooklyn
Citizen, Brooklyn, New York, 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 Second 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 the
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 temporar-
ily laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
10 In Matter of Cincinnati Times Star Co., 39 N. L. R. B. 39, a unit consisting of the
commercial department of a newspaper was held to be appropriate. In that case , we found
that telephone and switchboard operators were properly included within such a unit. Also
cf. Matter of The Forrest City Publishing Company, 46 N. L. R. B. 1327.
678 DECISIONS OF NAMIO(NIAL LABOR RELATIONS BOARD
those employees who have since quit or been discharged for cause, to
determine whether or' not they desire to be represented by Newspaper
Guild of New York, an affiliate of the American Newspaper Guild,
affiliated with the Congress of Industrial Organizations , for the pur-
poses of collective bargaining.
CHAIRMAN MInms took no 'part in the consideration of the above
Decision and Direction of Election.