The Cincinatti Times-Star Co.

National Labor Relations Board - Board Decisions

Feb 20, 1942

39 N.L.R.B. 39 (N.L.R.B. 1942)

In the Matter of THE CINCINNATI TIMES-STAR Co. and CINCINNATI
NEWSPAPER GuiLD
Case No. R-34-57.-Decided February 20, 1942
Jurisdiction : newspaper publishing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal of Company to accord union recognition until it is certified by the Board,
election necessary.
Unit Appropriate for Collective Bargaining : all'employees of the commercial
departments at Company's two offices, including miscellaneous composing-room
help, telephone operators, and drivers of supply cars, but excluding the business
manager, the advertising director, department heads, assistant department
heads, sub-department heads in the circulation department, the general ex-
pense or maintenance employees, the secretaries to the business manager, ad-
vertising director, and publisher, and the secretaries of the national and local
advertising departments ; over Company's objection miscellaneous composing-
room help, telephone operators at one of Company's offices, and drivers of
supply trucks are included and general expense or maintenance employees
excluded; secretaries of the national and local advertising departments who
in the course of their work occasionally handle work relating to personnel
matters are excluded over union's objection.
Mr. John H. Clippinger, of Cincinnati, Ohio, for the Company.
Mr. Julius Holzberg, of Cincinnati, Ohio, for the Guild.
Mr. Ralph Holbert, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 27, 1941, Cincinnati Newspaper Guild, affiliated with
the Congress of Industrial Organizations, herein called the Guild,
filed with the Regional Director for the Ninth Region (Cincinnati,
Ohio) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of The Cincinnati
Times-Star Co.; Cincinnati, Ohio, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On December 22, 1941, the National Labor
Relations Board, herein called the Board, acting pursuant to Section'
39 N. L. R. B., No. 10.
39
40 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
9 (c) of the Act and Article III, Section 3, of National Labor Re-
lations Board Rules and Regulations-Series 2, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing on due notice.
On December 30, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and the
Guild. Pursuant to notice a hearing was held on January 10, 1942,
at Cincinnati, Ohio, before Karl Filter, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company and the
Guild were represented by counsel, and participated in the hearing.
Full opportunity to be heard, to examine and, cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all par-
ties. During the course of the hearing the Trial Examiner made sev-
eral rulings on motions and on objection's to the admission of evi-
dence. The Board ' has reviewed the .rulings of the Trial Examiner
and-finds that no prejudicial errors were commited. The rulings are
hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Cincinnati Times-Star Co. is an Ohio corporation engaged
in the publication, distribution, and sale of a daily afternoon news-
paper. Its principal offices are in Cincinnati, Ohio, but the Com-
pany also maintains advertising, news, and circulation offices in Cov-
ington, Kentucky. The Company has an estimated daily circula-
tion of 154,000 copies, and, of this, ;amount approximately 30,000
copies are circulated and distributed in States other than the State
of Ohio, principally in the States of Indiana, Kentucky, and West
Virginia. The Company utilizes the full leased wire services of,
and furnishes news to, the Associated Press and International News
Service. The Company uses approximately 15,000 tons of news-
print per year, the cost price of which, based on current- figures, is
in excess of $750,000. All the newsprint paper purchased by the
Company is received, from manufacturers outside of the State of
Ohio., Other purchases of the Company include printing ink, metal,
mats, wrapping paper, and twine. The Company carries national,
advertising in its newspaper columns. The Company admits that
it, is engaged in commerce within the meaning of the Act.
11 , i I
THE CINCINNATI TIMES-STAR CO. 41
II. THE ORGANIZATION 'INVOLVED
Cincinnati Newspaper Guild, affiliated with the Congress of ' In-
dustrial Organizations , is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Guild as the bargain-
ing agent for its employees until such time as the Guild is certified
by' the Board. - From a report prepared by the Regional Director
and introduced into evidence, it appears that the Guild represents
a substantial number of employees in the unit claimed appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company. '
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tends to lead to labor` disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Guild requests a unit composed of all employees of the com-
mercial departments 2 at the Cincinnati and Covington offices-of the
Company, including the miscellaneous composing-room help, but ex-
cluding the business manager, the advertising director, department
)heads, assistant department heads, sub-department heads in the cir-
culation department, telephone operators at Cincinnati but not at
Covington, the secretaries to the business manager, advertising di-
rector, and publisher, and the general expense or maintenance em-
ployees. The Company contends that (1) the telephone operators at
Cincinnati and, (2) the general expense or maintenance employees
1 The Regional Director 's statement shows that the Guild submitted 91 signed application
cards for membership in the Guild These application cards were dated between June and
December 1941 and purported to be signed by employees of the Company . Of the 91 cards
submitted , 90 appeared to have genuine , original signatures , and 1 appeared to have an orig-
inal printed signature Eighty-six of the signatures were of persons whose names appeared
on the Company ' s list of persons within the unit claimed by the Guild to be appropriate.
This list bore a total of approximately 175 names. '
R The commercial departments include three main departments-advertising ( which has
local, national , classified , and display divisions ), circulation, and business office. , '
42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
should be included in the unit, but that (1) the secretaries of the_
national and local advertising departments, (2) the miscellaneous
composing-room help, and (3) the drivers of the supply cars, who are
in the circulation department, should be excluded. In other respects,
it agrees with the unit sought by the Guild.
A. Telephone Operators
The Company' has three telephone operators at the Cincinnati
office. The Guild seeks to exclude these employees from the unit
because of the allegedly confidential nature of their work. The Guild
contends that "we have noticed many times that we were cut in on
and we have had reports . . . that the operators were listening in
on our conversations" with Guild members. Telephone operators, as
a group, are eligible to membership in the Guild and the Guild
seeks to include the telephone operators at Covington. We shall
include all telephone operators in the unit.3
B. General Expense or Maintenance Employees
General expense or maintenance employees include elevator opera-
tors, firemen, janitors, and other employees whose work is not charge-
able to any particular department of the Company. This group
consists of approximately 52 employees. Many of these employees
service the entire building, which is occupied only in part by the
Company.4 These employees are eligible to membership in the Guild
but the Guild seeks to exclude them in favor of existing unions in
Cincinnati for maintenance workers., We shall exclude these
employees from the,unit. -
C. Secretaries of National and Local Advertising Departments
The Company seeks to exclude the secretaries of the national and
local advertising departments because of the confidential nature of
their work. The major portion of their time is devoted to work
connected with the head of the department to which they are assigned
and in the course of their duties they occasionally handle work re-
lating to personnel matters. We shall exclude these secretaries from
the unit.
i Cf Matter of Chrysler Detroit Company , and Chrysler Corporation and International
Union, United Automobile , Aircraft, and Agricultural Implement Workers of America, affils-
ated wsth the C I. 0, 38 N L R B 313
4 The total available space in the 13-story Tower building including the news room is
approximately 100,000 square feet , and of this amount approximately 70,000 square feet
is occupied by the Company ' The Company leases the remaining space to tenants
It was brought out at the bearing that there are two unions in Cincinnati to represent
maintenance workers : the Building Service Employees Union , A. F. of L, and the United
Construction Workers , C. I. O.
THE CINCINNATI TIMES-STAR CO. 43
D. Miscellaneous Composing-Room Help
Seven men make up the group known as,the miscellaneous com-
posing-room help. Their duties include swe ping the floors to sal-
vage all metal scrap which they melt for use again , some cleaning
work, conveying forms out of the composing and stereotype rooms,
filing cuts and mats, handling cuts for stereotypers and printers,
and filing corrected copy. One of the men receives and sends copy
over the carrier. The Guild seeks to include these employees. No
other labor organization is now seeking to represent them. We shall
include them within the unit. '
E. Drivers of Supply Cars
The drivers of the supply cars, four in number, are classified as
part of the circulation department of the Company. Their wori,
consists of delivering papers in four light trucks. The Company
seeks to exclude them inasmuch as the hours and working conditions
of these employees are substantially different from the hours and
working conditions of the employees who work in the Tower Build-
ing. The Guild seeks to include these employees . No other labor
organization is now seeking to represent them. We are of the
opinion that they should be included in the unit.
We find that all employees of the commercial departments at the
Cincinnati and Covington offices of the Company, including miscel-
laneous composing-room help, telephone operators , and drivers of
supply cars, but excluding the business manager, the advertising
director, department heads, assistant department heads, sub -depart-
ment heads in the circulation department , the general expense or
maintenance employees , the secretaries to the business manager, ad-
vertising director , and publisher , and the secretaries of the national
and local advertising departments , constitute a unit appropriate for
the purposes of collective bargaining . We further find that said unit
will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. We
shall direct that all the employees in the appropriate unit who were
employed by the Company during the pay-roll period immediately
preceding the date of the Direction of Election herein, subject to
such limitations and additions as are set forth in the Direction, shall
be eligible to vote.
44 -DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
J. A question affecting commerce, has arisen concerning the repre-
sentation'of employees of The Cincinnati Times-Star Co., Cincinnati,
Ohio, within the meaning of.Section.9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. ,All employees of the commercial departments at the Cincinnati,
and Covington offices of the Company including miscellaneous com-
posing-room help, telephone operators, and drivers of supply cars,
but excluding the business manager , the advertising director, depart-
ment heads, assistant department heads, sub-department heads in the
circulation department, the general expense or maintenance em-
ployees, the secretaries to the business manager, advertising director,
and publisher, and the secretaries of the national and local advertis-
ing departments,' constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
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, 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 authorized by the
Board to ascertain representatives for the purposes of collective
bargaining with The Cincinnati Times-Star Co., Cincinnati, Ohio,
an election by secret ballot shall be conducted as early as possible
butt not later than thirty (30) days from the date of this Direction,
under the direction and supervision of the Regional Director for
the Ninth 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 all employees who were employed
during the pay-roll period immediately preceding the date of this
Direction, in the -commercial departments at the Cincinnati and
Covington offices of the Company including miscellaneous compos-
ing-room help, telephone operators, and drivers of supply cars, and
employees who did not work during such pay-roll period because
they were ill or on vacation or in the active military, service or train-
ing of the United States, or temporarily laid off, but excluding the
business manager, the advertising director, department heads, assis-
L
THE CINCINNATI TIMES-STAR CO. 45
tant department heads, sub-department heads in the circulation
department, the general expense or maintenance employees, the
secretaries to the business manager, advertising director, and pub-
lisher, and the secretaries of the national and local advertising de-
partments, and those employees who have since quit or been dis-
charged for cause, to determine, whether or not they desire to be
represented by Cincinnati Newspaper Guild, affiliated with the Con-
gress of Industrial Organizations for the purposes of collective
bargaining. .
In the Matter of THE CINCINNATI TIMES-STAR Co. and CINCINNATI
NEWSPAPER GUILD
Case No. R-3457
CERTIFICATION OF REPRESENTATIVES
March 19, 194.
On February 20, 1942, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceed-
ings? Pursuant to the Direction of Election, an election by secret
ballot was conducted on March 4, 1942, under the direction and
supervision of the Regional Director for the Ninth Region (Cin-
cinnati, Ohio). On March 5, 1942, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and
duly served upon the parties an Election Report. No objections to
the conduct of the ballot or to the Election Report have been filed
by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list------------------------------------- 165
Total ballots cast------------------------------------------ 157
Total ballots challenged------------------------------------ 5
Total blank ballots ----------------------------------------- 0
Total void ballots------------------------------------------ 0
Total valid ballots counted -------------------------- 152
Votes cast for Cincinnati Newspaper Guild, C. I. 0 ---------- 88
Votes cast against Cincinnati Newspaper Guild, C I. 0 ------ 64
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8
and 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended,
IT IS HEREBY CERTIFIED that Cincinnati Newspaper Guild, affiliated
with the Congress of Industrial Organizations, has been designated
and selected by a majority of all employees in the commercial de-
1 39 N L R B 39.
39 N. L . R. B., No. 10a.
46
THE CINCINNATI TIMES-STAR CO. 47
partments at the Cincinnati and Covington offices of The Cincin-
nati Times-Star Co., including miscellaneous composing-room help,
telephone operators, and- drivers of supply cars, but excluding the
business manager, the advertising director, department heads, as-
sistant department heads, sub-department heads in the .circulation
department, the general expense or maintenance employees, the
secretaries to the business manager, advertising director, and pub-
lisher, and the secretaries of the national and local advertising de-
partments, as their representative for the purposes of collective bar-
gaining, and that, pursuant to Section 9 (a) of the National Labor
Relations Act,,Cincinnati Newspaper Guild, affiliated with the Con-
gress of Industrial Organizations, is the exclusive representative of
all such employees for the purposes of collective bargaining in re-
spect to rates of pay, wages, hours of employment, and other
conditions of employment.
448105-42-vol 39-5