The Bureau of National Affairs, Inc.

National Labor Relations Board - Board Decisions

Feb 14, 1952

98 N.L.R.B. 87 (N.L.R.B. 1952)

THE BUREAU OF NATIONAL AFFAIRS, INC. 87
If in the election directed herein a majority of the return room
employees vote for the Petitioner, they shall be deemed to have indi-
cated their desire to constitute a separate appropriate unit. In that
event the Regional Director is instructed to issue a certification of
representatives to the Petitioner for a unit of all return room employees
of the Employer at its Brooklyn, New York, plant, excluding all other
employees, and all supervisors 7 as defined in the Act, which unit the
Board, in such circumstances, finds to be appropriate for purposes of
collective bargaining. We shall then modify accordingly the certifi-
cate issued to the Intervenor on July 7, 1950. If a majority vote for
the Intervenor, they shall be deemed to have elected to remain in the
unit originally found appropriate by the Board.
[Text of Direction of Election omitted from publication in this
volume.]
7 Although the Petitioner would include the foreman of the return room in the unit on
the ground that he is a "mere messenger boy" for the Employer, we shall exclude him
from the unit as a supervisor The record indicates that he makes effective recommenda-
tions concerning the retention of new employees and the discharge of employees , as well
as responsibly directing the work of the return room.
THE BUREAU OF NATIONAL AFFAIRS, INC. and WASHINGTON NEWSPAPER
GUILD, OF THE AMERICAN NEWSPAPER GUILD, CIO, PETITIONER.
Case No. 5-RC-850. February 14,1950
Supplemental Decision and Direction of Election
In our decision of October 9, 1951 (96 NLRB 673), in this matter,
the Board found that the unit sought by the Petitioner was inap-
propriate. In view of this conclusion, and as the Petitioner clearly
and emphatically 1 stated that it did not desire an election in any other
unit which the Board might find appropriate, the Board issued an
order dismissing the petition.
On January 15, 1952, the Petitioner filed a petition for reconsidera-
tion, and thereafter the Employer filed a memorandum in opposition
to the petition. In its request for reconsideration the Petitioner has
changed its position and has withdrawn its objection to an election,
among the employees it seeks to represent, to determine whether those
employees should be added to the unit of editorial employees which
the Petitioner now represents. As such a unit would be appropriate
for the reasons stated in our decision of October 9, 1951, in this matter
and in Record Publishing Company, 91 NLRB No. 215 (not reported
in printed volumes of Board decisions), the Board hereby reopens
1 The Position of the Petitioner was so stated at the hearing and in the Petitioner 's brief
which concluded , "Because of the compelling circumstances in this case, the Guild believes
that the unit it requests should be neither reduced nor enlarged . It is not interested in,
nor does it request, the designation of any alternative unit as appropriate."
98 NLRB No. 26.
88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
this proceeding and rescinds its Order of October 9, 1951, dismissing
the petition.2
We shall direct an election among all. employees in the accounting,
business, production, and sales departments, personnel office, and
office of the planning director of the Employer at its Washington,
D. C., plant, including all regular part-time employees, but excluding
all other employees and all supervisors as defined in the Act. If a
majority of the employees voting cast ballots for the Petitioner, they
will be taken to have indicated their desire to be part of the unit of
employees presently represented by the Petitioner (and the Peti-
tioner may bargain for them as part of such unit), and the Regional
Director conducting the election directed herein is instructed to issue
a certificate of results of election to such effect.
[Text of Direction of Election omitted from publication in this
volume.]
[CHAIRMAN HERZOG took no part in the consideration of the above
Supplemental Decision and Direction of Election.]
2 Despite the belatedness of the Petitioner ' s change of position , we do not believe that
it would either effectuate the policies of the Act or be in the public interest to reaffirm
our dismissal of the petition and to require the Petitioner to initiate a new proceeding
before the Board.
MARSHALL FIELD & COMPANY and RETAIL CLERKS INTERNATIONAL
ASSOCIATION, LOCAL No. 1515-M. F., AFL. Case No. 13-CA--594.
February 15, 1952,
Decision and Order
On May 3, 1951, Trial Examiner Lloyd Buchanan issued his Inter-
mediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair,labor
practices, and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the copy of the Inter-
mediate Report attached hereto. The Trial Examiner also found that
the Respondent had not engaged in certain other unfair labor practices
alleged in the complaint. Thereafter the Respondent, the Union, and
the General Counsel filed exceptions to the Intermediate Report and
supporting briefs. Pursuant to leave, the Respondent also filed a
reply brief.
At the request of the Respondent and the Union, oral argument was
heard before the Board on November 20,1951. All parties were repre-
sented by counsel and participated in the argument.
98 NLRB No. 11.