The Enterprise Co.

National Labor Relations Board - Board Decisions

Aug 18, 1953

106 N.L.R.B. 798 (N.L.R.B. 1953)

798 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
THE ENTERPRISE COMPANY and SABINE-NECHES NEWS-
PAPER GUILD, LOCAL 146, OF AMERICAN NEWSPAPER
GUILD, CIO, Petitioner. Case No. 39-RC-620. August 18,
1953
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Arthur S.
Safos, hearing officer . The hearing officer's rulings made at
the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the
Board has delegated its powers in connection with this case
to a three-member panel [Members Houston, Murdock, and
Styles ].
Upon the entire record in this case , the Board finds:
1. The Employer is engaged in commerce within the mean-
ing of the Act.
2. The labor organization involved claims to represent
certain employees of the Employer.
3. A question affecting commerce exists concerning the
representation of employees of the Employer within the mean-
ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks to add James E. Vance, who cur-
rently is classified as farm editor , to the existing bargaining
unit of editorial room employees which it has represented
since June 29, 1950. The Petitioner does not desire an election
in the basic unit itself. At the time the first contract between
the Employer and the Petitioner was executed , Vance was
performing essentially the same functions for the Employer
as he now performs , but on an independent - contractor basis.
He was therefore excluded from the unit. On October 6, 1952,
Vance's status was changed from that of an independent con-
tractor to that of a regular employee. At that time the Em-
ployer received a ruling from the Wage and Hour Division of
the U. S. Department of Labor to the effect that under the rules
and regulations issued under the Act, Vance was a professional
employee within the meaning of the Fair Labor Standards Act
of 1938, as amended . The Employer contends that the farm
editor is a professional employee within the meaning of the
National Labor Relations Act, as amended.
Vance holds a degree in agriculture from the Agricultural
and Mechanical College of Texas and spent several years
working as a county agent in various counties in Texas. He
was hired specifically because of his specialized educational
background and experience in the field of agriculture and
106 NLRB No. 127.
THE ENTERPRISE COMPANY 799
despite his lack of previous news-reporting experience. He
writes a daily column on scientific and technical agricultural
problems, and is responsible for the preparation of an agri-
cultural and ranching page which is a regular Sunday edition
feature. He has wide discretion in choosing the topics for his
daily column so long as they advance the newspaper's policy
of disseminating information which will advance the general
status of agriculture and ranching in the surrounding area.
His daily column is submitted to the city editor as are articles
of local interest. Articles and news stories of interest to the
outlying area are transmitted to the State editor. He writes
most of his material at home and spends much of his time
traveling around the State. He has no regular schedule of
hours to which he must conform, and does not receive over-
time for hours worked over 40. On the above facts and on
the record as a whole, we find that Vance has a sufficient
community of interest with the editorial room employees to be
included in the existing historical unit.! In view of the Board's
policy against establishing one-man units2 it is immaterial to
our final disposition of the case whether or not Vance is a
professional employee. In any event we would direct an elec-
tion to determine whether he desires to be included in the unit
currently represented by the Petitioner. Accordingly, we find
it necessary to decide whether or not Vance is a professional
employee.
In these circumstances' we shall direct that an election be
held to determine whether or not James E. Vance, farm editor
for the Beaumont Enterprise and the Beaumont Journal, de-
sires to be represented by the Petitioner for the purposes of
collective bargaining. If he votes for the Petitioner he will be
taken to have indicated his desire to be included in the edi-
torial room unit currently represented by the Petitioner.
[Text of Direction of Election4 omitted from publication.]
'Joseph R. Osherenko, 73 NLRB 670.
2Goshen Division of General Time Corporation, 102 NLRB 1007; Luckenbach Steamship Co.,
2 NLRB 181.
SAs to the addition of one nonprofessional employee to an existing historical unit, see
Arcade Manufacturing Division of Rockwell Manufacturing Co ., 96NLRB 116. Cf. Southwestern
Sales Corporation , 93 NLRB 936, as to the inclusion of one professional employee in a unit
of nonprofessional employees . In that case, unlike the instant case , there also existed a
question concerning representation in the basic unit.
4Although it is not clear from the report on investigation of interest submitted by the
hearing officer whether or not the Petitioner has made a sufficient showing of interest to
support the petition in this matter , we have directed an election and placed the Petitioner's
name on the ballot as an administrative expedient . However , we hereby direct the Regional
Director to determine the Petitioner 's interest in this matter and to dismiss the petition if
it appears that its interest is inadequate.