The Detroit Free Press

National Labor Relations Board - Board Decisions

Oct 25, 1939

16 N.L.R.B. 461 (N.L.R.B. 1939)

In the Matter of THE DETROIT FREE PRESS and NEWSPAPER GUILD OF
DETROIT, LOCAL -22 OF THE AMERICAN NEWSPAPER GUILD
Case No. R-1559.-Decided October 25,1939
Newspaper Publishing Industry-Investigation of Representatives : controversy
concerning representation of employees : refusal by employer to recognize peti-
tioning organization as exclusive representative in a unit which it claims appro-
priate unless certified by the Board-Unit Appropriate for Collective Bargaining:
all employees in the editorial , advertising , business office and inside circulation
and all other employees who are not members of or within the jurisdiction of
unions with established bargaining records, excluding those major executives
whose capacities are administrative ; stipulation as to-Representatives: proof
of choice ; company conceded Union's claim of majority-Certification of Repre-
sentatives : upon proof of majority representation.
Mr. Earl R. Cross, for the Board.
Brownson, Murray cP3 Marco, by Mr. Kenneth Murray and- Mr. Paul
Marco, of Detroit, Mich., for the Company.
Isserman, Isserman d Kapelsohn, by Mr. A. J: Isserman, of Newark,
N. J., for the Guild.
Mr. Morris Lipsky, of Detroit, Mich., for the Drivers.
Mr. Stanley J. Dorz, of Detroit, Mich., for the Stereotypers.
Mr. Earl Melton, of Detroit, Mich., for the I. A. M.
Mr. Frank A. Kolb, of Detroit, Mich., for the Typographers.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On August 25, 1939, Newspaper Guild of Detroit, Local 22 of The
American Newspaper Guild, herein called the Guild, filed with the
Regional Director for the Seventh Region (Detroit, Michigan) an
amended petition alleging that a question affecting commerce had
arisen concerning the representation of employees of The Detroit Free
Press, Detroit, Michigan, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
16 N. L. R. B., No. 45.
461
462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
called the Act. On September 18, 1939, the National Labor Relations
Board, herein called the Board, acting pursuant to Section 9 (c) of the
Act and Article III, Section 3, of National Labor Relations Board
Rules and Regulations-Series 2, ordered an investigation and au-
thorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On September 27, 1939, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company , upon the
Guild, upon Detroit Typographical Union No. 18, herein called the
Typographers , upon International Brotherhood of Electrical Workers,
Local 58, upon Building Service Employees International Union, upon
Detroit Web Pressman 's Union No . 13, upon Detroit Photo Engravers
Union No. 10 , upon International Association of Machinists , Local 82,
herein called the I . A. M., upon Detroit Mailers Union No. 40, upon
Detroit Paper Handlers and Plate Handlers Union No. 10, upon
Newspaper Drivers and Handlers Union No. 372 , herein called the
Drivers, and upon Detroit Sterotypers Union No. 9, herein called the
Stereotypers , all labor organizations claiming to represent employees
directly affected by the investigation . Pursuant to the notice , a hear-
ing was held on October 12 and 13, 1939, at Detroit, Michigan , before
Mapes Davidson , the Trial Examiner duly designated by the Board.
The Board, the Company, the Guild, the Drivers, the Stereotypers, the
I. A. M., and the Typographers were represented by counsel and par-
ticipated 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 parties . During the course of the hearing, the
Trial Examiner , made several rulings on motions. The Board has
reviewed the rulings of the Trial Examiner and finds that no prejudi-
cial errors were committed . The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Detroit Free Press, a Michigan corporation having its office
in Detroit , Michigan , is the publisher of a daily and Sunday news-
paper of the same name. The Company maintains offices in New York
City, Chicago, San Francisco, Los Angeles, Washington, Paris, and
London.
All the newsprint used by the Company in its publication is shipped
to it from without the State of Michigan. The newsprint is valued
at approximately $1,281,000 per year. The Company uses news, fea-
tures, and photographic services which collect their material in all
THE DETROIT FREE PRESS 463
parts of the country and transmit it to the Company in Detroit,
Michigan. For the purposes of this proceeding, the Company con-
cedes the jurisdiction of the Board.
II. THE ORGANIZATIONS INVOLVED
Newspaper Guild of Detroit, Local 22 of The American Newspaper
Guild, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership all employees in the edi-
torial, advertising, business office, and inside-circulation departments,
excluding major executives whose capacity is administrative.
In addition to the union listed above, the following labor organiza-
tions, whose interests are not disputed, are involved : Newspaper
Drivers and Handlers Local 372, International Brotherhood of Team-
sters, Chauffeurs, Stablemen & Helpers; Detroit Stereotypers Union;
International Association of Machinists, Local 82; and Detroit Typo-
graphical Union No. 18.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to the filing of the petition herein, the Guild requested the
Company to bargain with it as the representative of the majority of
the Company's employees in the unit which the Guild claims to be
appropriate. The Company refused to bargain with the Guild prior
to certification by the Board that it had been designated by a majority
of the Company's employees in an appropriate unit.
We find that a question has arisen concerning 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 re-
lation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Guild and the Company agreed at the hearing, by stipulation,
that all employees in the editorial department, advertising depart-
ment, business office, and inside-circulation department, and all other
employees who are not members of or within the jurisdiction of
unions with established bargaining records, excluding those major
464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
executives whose capacities are administrative, constitute an appro-
priate unit.
All the unions, other than the Guild, appearing at the hearing dis-
claimed all interest in the proceedings when it was disclosed that the
Guild was not claiming to represent any employees eligible to mem-
bership in any other labor organization. We see no reason to deviate
from the desires of the Guild and the Company.
We find that all employees in the editorial department, advertising
department, business office, and inside-circulation department, and all
other employees who are not members of or within the jurisdiction of
unions with established bargaining records, excluding those major
executives whose capacities are administrative, constitute a unit ap-
propriate for the purpose of collective bargaining and 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 effec-
tuate the policies of the Act."
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing, the Guild claimed to represent a majority of the
employees in the appropriate unit. Counsel for the Company con-
ceded on behalf of the Company that the Guild represented a ma-
jority of the employees within the appropriate unit.
We find that the Guild has been designated and selected by a
majority of the employees in the appropriate unit as their representa-
tive for the purposes of collective bargaining. It is, therefore, the
exclusive representative of all employees in such unit for the pur-
poses of collective bargaining, and we will so certify.
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
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Detroit Free Press, Detroit, Michigan,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
2. All employees in the editorial department, advertising depart-
ment, business office, and inside-circulation department, and all other
employees who are not members of or within the jurisdiction of
unions with established bargaining records, excluding those major
executives whose capacities are administrative, constitute a unit appro-
i All employees listed on Board Exhibit 5-A, with the exclusion of those set forth on
Joint Exhibit 1, constitute the appropriate unit.
THE DETROIT FREE PRESS 465
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act.
3. Newspaper Guild of Detroit, Local 22 of The American News-
paper Guild, is the exclusive representative of all the employees
designated in paragraph 2 above, for the purposes of collective bar-
gaining, within the meaning of Section 9 (a) of the National Labor
Relations Act.
CERTIFICATION OF REPRESENTATIVES
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 At, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
IT IS HEREBY CERTIFIED that Newspaper Guild of Detroit, Local 22
of The American Newspaper Guild, has been designated and selected
by a majority of all employees in the editorial department, advertis-
ing department, business office, and inside-circulation department, and
all other employees who are not members of or within the jurisdiction
of unions with established bargaining records, excluding those major
executives whose capacities are administrative, of The Detroit Free
Press, Detroit, Michigan, as their representative for the purposes of
collective bargaining and that, pursuant to the provisions of Section
9 (a) of the Act, Newspaper Guild of Detroit, Local 22 of The Amer-
ican Newspaper Guild, is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of employ-
ment.