The Denver Publishing Co.

National Labor Relations Board - Board Decisions

Apr 4, 1945

61 N.L.R.B. 338 (N.L.R.B. 1945)

In the Matter of THE DENVER PUBLISHING Co. and DENVER MAILERS
UNION No. 8, AFFILIATED WITH THE INTERNATIONAL MAILERS UN10N
Case No. 17-R-1006
SECOND SUPPLEMENTAL DECISION
AND
ORDER DENYING MOTION
April 4,1945
On December 16, 1944, the Board issued a Decision and Direction
of Elections in the above proceedings,' and on January 9, 1945, issued
an Order Amending Direction of Election. A Supplemental Decision
and Order was issued on January 26, 1945.2 On February 9, 1945, an
election was conducted and on February 26, 1945, no objections having
been filed by any of the parties within the time provided therefor, a
Certification of Representatives was issued.
On March 6, 1945, a document in the nature of a motion to vacate
the certification was filed with the Board by the International Typo-
graphical Union, herein called the ITU, intervenor in the above pro-
ceedings. The motion is based on three grounds: (1) misleading and
prejudicial designation of the ITU on the ballot; (2) two individuals
were wrongfully permitted to vote; and (3) since the Board has over-
ruled the request of the ITU for a Nation-wide unit, it should now be
"determined that a proper method of selecting a bargaining agent in
the newspaper field in Denver should be on a city-wide basis inasmuch
as the historical method of collective bargaining by Denver Mailers
Union No. 8 has been on a city-wide basis with the representatives of
both newspapers at once, and with the same contract applicable to the
operation of both newspapers."
As to the first ground, the ITU was designated on the ballot in the
election held in this case in accordance with the Direction of Elections
and in conformity with the appearance entered on its behalf at the
1 59 N. L. R. B. 1115. The above case was consolidated with platter of Post Printing
and Pubiashing Co. In its Supplemental Decision and Order issued on January 26, 1945,
the ,eases were severed by the Board.
2 60 N. L. R. B. 338.
61 N. L. R B , No. 45.
338
THE DENVER PUBLISHING CO. 339
hearing, and its signature on all papers filed in this proceeding. It
had ample opportunity between the date of issuance of the Direction
of Elections and the time when the Regional Director made prepara-
tions for the election to request a change in its designation, and made
no such request until 3 days prior to the scheduled election, after
notices thereof had been posted and the ballots were printed. At that
time the ITU, by a telegram addressed to the Chairman of the Board,
requested that its designation on the ballot be changed. The Board
advised the ITU's representative that his protest was untimely and
that any assertion of prejudice to his organization arising out of the
allegedly misleading ballot designation might be presented after the
election in accordance with the Board's Rules and Regulations. This
was not done. We decline, therefore, to consider vacating our certifi-
cation and setting aside the election at this date on the ground of
alleged error in the ITU's designation on the ballot.
The motion also recites that two persons were permitted to vote
`'who have steady positions elsewhere and who merely work one night
per week at the Denver Publishing Co." The votes of these individ-
uals, who are evidently regular part-time employees of the Company,
were not challenged at the election, although all parties'were given
the opportunity to do so, in accordance with the provisions of the
Act and the Rules and Regulations, nor were any objections filed
within the period provided therefor. The contention that two in-
eligible employees voted is thus untimely and affords no ground for
vacating our certification 3
The third ground of the ITU's motion is, in effect, a request for
reconsideration of the Board's unit determination, set forth in the
Decision and Direction of Elections of December 16, 1944. The
ITU's present contention that the appropriate unit comprises em-
ployees of both the newspaper companies in Denver is belated and
plainly without merit. The request for reconsideration is therefore
denied.
ORDER
By virtue of and pursuant to the power vested in the Board by
Section 9 (c) of the National Labor Relations Act, and pursuant to
Article III, Sections 9 and 10, of the Board' s Rules and Regulations-
Series 3, as amended,
IT is HEREBY ORDERED that the motion to vacate the certification of
representatives of employees of Denver Publishing Co., filed by the
International Typographical Union, be, and it hereby is, dismissed.
See Matter of American Granite Fini8hing Company , 28 N L R B 739