The Telegram Publishing Co.

National Labor Relations Board - Board Decisions

Sep 24, 1942

44 N.L.R.B. 461 (N.L.R.B. 1942)

In the Matter of THE TELEGRAM PUBLISHING COMPANY AND THE SALT
LAKE TRIBUNE PUBLISHING COMPANY and SALT LAKE CITY NEws-
PAPER GUILD, LOCAL #168, C. I. O.
Case No. R-,9775.Decided September 24, 1942
Jurisdiction : newspaper publishing industry.
Investigation and Certification of Representatives : existence of question: in
response to request by union for recognition, Company demanded proof of
majority representation, which union.refused to produce ; election necessary.
Unit Appropriate for Collective Bargaining : all employees of Companies' edi-
torial departments, including clerks of library-promotion department,
editorial writers, and certain named employees, but excluding city editors,
the manager of library-promotion department, managing editors, the execu-
tive news editor of Tribune, secretaries of managing editors, executives,
string reporters, and employee in home service bureau.
Practice and Procedure : prior Decision and Direction of Election as amended,
vacated and set aside in view of findings in present proceeding.
Mr. Louis H. Callister and Mr. Richard Taylor Cardall, of Salt
Lake City, Utah, for the Companies. .
Mr. Buford Sommers, Mr. John', 117intersteen, and Mr. F. Henri
Henriod, of Salt Lake City, Utah, for the Guild.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board.
SUPPLEMENTAL DECISION
ORDER
AND
SECOND DIRECTION OF ELECTION
STATEMENT OF THE CASE ,
On June 3, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.,
On June 22, 1942, Salt Lake City Newspaper Guild, Local #168,
C. I. 0., herein called the Guild, filed with the Board a petition re-
questing inter alia, a rehearing. On July 1, 1942, the Board, acting
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act, and Article III, Section 3, of Na-
tional Labor Relations Board Rules and Regulations=Series 2, as
141 N. L R B 662
44 N IL. R B, No 79
461 /
462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
amended, ordered that the proceeding be reopened and that a fur-
ther hearing be held and .authorized the Regional Director to issue
notice of further hearing. On July 2, 1942 , the Board issued an
Amendment to Direction of Election in the above -entitled proceed-
ing.2 In view of our findings hereinafter set forth , we shall order
- that the Decision and the Direction of Election , as amended, be
vacated and set aside.
Pursuant to notice , a further hearing was held at Salt Lake City,
Utah, on July 13 through 18, 1942, Inclusive, before Willard Y.
Morris , Trial Examiner . The Telegram Publishing Company and
The Salt Lake Tribune Publishing Company, Salt Lake City, Utah,
herein called the Telegram and the Tribune , respectively , and col-
lectively called the Companies , and the Guild appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses , and to introduce evidence bearing on the issues.
The Trial Examiner 's rulings made at the further hearing are free
from prejudicial error and are hereby affirmed . On August 19 and
24, 1942, respectively , the Companies and the Guild filed briefs which
the Board has considered.
Upon the entire record in the case, the Boai ;d snakes the following:
FINDINGS OF FACT
I. THE BUSINESS OF TIIE COMPANILS
The Telegram Publishing Conihany and The Salt Lake Tribune
Publishing Company are wholly oivned by the Kearns Corporation.
The Tribune is the publisher of a daily morning and Sunday news-
paper. The Telegram publishes afternoon editions 6 , days, each
week. For the year ending June 30, 1941, the Tribune had a daily
average circulation of 62,485 copies and an average,Sunday circula-
tion of 104,650 copies. Approximately 15,776 copies of its daily and
21,620 copies of its Sunday-editions were circulated and distributed
outside the State of Utah. During the same period, the daily average
circulation of the Telegram amounted to 26,672 copies, 683 of which
were circulated and distributed outside the State of Utah. .The Coin-
panies use news, features, and photographic services winch collect
their material in all parts of the country and transmit it to the Com-
panies in Salt Lake City, Utah. Approxinately 18 percent of the
'Companies' total advertising receipts is derived from advertisenients
of corporations' operating throughout the United States. The Com-
panies use approximately 7,500 tons of newsprint ani>,nally, all of
which is obtained from outside the State of Utah. The Companies
employ' approximately 400 employees.
2 42 N. L R B. 25.
THE TELEGRAM PUBLISHING COMPANY 463
11. THE ORGANIZATION INVOLVED
; Salt Lake City Newspaper Guild, Local #168, is a labor organiza-
tion affiliated -with the Congress of Industrial Organizations, ad-
mitting employees of the Companies to membership.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Guild commenced its organizational activities among the
employees of the Companies in November 1941, and 'chartered Local
#168 on January 10, 1942. On March 25, 1912, the Guild requested
that the Companies recognize it as the collective bargaining -repre-
sentative foi' the employees in.the Companies' editorial and library
departments. The Companies asked the Guild to submit its mem-
bership cards of such employees; the Guild refused.
A statement of the Trial Examiner made at the hearing indicates
that the Guild represents a substantial number of employees in the
unit hereinafter found to be appropriate.,
We find that a question affecting conunierce has arleen concerning
the representation of employees of the Coipanies within the mean-
ing of Section (9) (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
IV. THE APPROPRIATE UNIT
The `Guild contends that all employees of the Companies' editorial
departments and library-promotion department, excluding execu-
tives and superN lsory and confidential employees, constitute an ap-
propriate unit. The Companies insist that the unit should embrace
only the employees of its edi torial departments and should exclude
the employees of the library-promotion department as well as execu-
tives and supervisory and confidential employees.
As ,previously mentioned, the Tribune publishes a morning paper
.ind the Telegram an afternoon edition. Both Companies are housed
in the same building and, except for the editorial departments, have
common departments, naunely, business office, circulation, advertising,
mechanical, and library-promotion. Each editorial department has
-its owl: supervisors, but both are subject to the general supervision
of, the publisher and general manager. There appears to be little
interchange between the employees of the two editorial departments,
The Guild submitted to the Tiial Examinei 37 application caids of wbicb ti were un-
dated , 1 was dated in-November 1941 , 12 in December 1941. 7 in January 1942, 3 111 February
1942 , and 3 in 3iaich 1942 . The Trial Exammei stated that all cards bore apparently
genuine-and original signatures all of which were names on the Companies ' pa} loll of
April 18, 1942 Then a are apps oximately 87 employees in the unit found below to be
appropriate. -
464 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
except in emergencies . Working conditions and wage rates of the
two departments are, in general, similar. The Companies stated no
objection to combining the employees of its editorial departments in
one unit: We find that the editorial employees of the Companies
may, properly be merged in a single unit appropriate for the pur-
poses of collective bargaining.
There remains, for consideration the specific composition of the
unit. The Guild would include in its unit, and the Companies would
exclude, the clerks of the library-promotion department. Except for
a few months,in 1938, the library and promotion departments func-
tioned as separate divisions until January 1942, when they were com-
bined. Upon the merger of the departments, the former supervisor
of the promotion department became the manager of the library-
promotion department and the number of employees of the combined
departments was somewhat reduced. The manager of the library-
promotion department is responsible, to the business manager, who
controls the advertising, business, and circulation departments: The
editorial departments are,directed by managing editors.
All pictures, papers, pamphlets, and reports received by the Com-
panies are sent to the library where such material is filed, recorded,
or discarded. Each edition of the Companies' papers is thoroughly
ii1dexed and summarized by the library -promotion clerks , who also
file and index pictures used by the Companies and those furnished by
news services. In addition, the clerks are in charge of the microfilm
files of the Companies" newspapers, keep biographical reports up to
date, and furnish information to the various departments of the
Companies.
The promotional activities of the department are concerned chiefly
with the dissemination of information to the public. In order to
develop'good will for, the Companies, the library-promotion clerks
answer requests for factual information made by telephone,, by mail,
or` ,by personal calls ' at the library. They are assigned , three at a
time in a rotation system, to answer the telephones for a certain
period each' day. Although a considerable number of questions are
answered daily by the department, the record discloses that most of
the questions require little time to answer and that the department
now refuses to perform-extensive research on questions or problems.
Moreover , it appears that the public information , service has been
reduced during the past year, since the number of employees, the
hours of service, and the number of telephones have been diminished.
While the employees are on telephone duty, they perform filing, clip-
ping, or indexing work. The department also pei forins such mis- -
cellaneous functions as'selling photographs to the public, conducting
public tours of the plant , and forwarding mail to syndicated writers.
THE TELEGRAM PUBLISHING COMPANY 465
Employees are frequently transferred between the library-promotion
and editorial departments. In view of the foregoing, -we are of the
opinion that the duties of library-promotion clerks are sufficiently
related to those of the editorial-department employees to warrant
their inclusion in the editorial unit. We shall therefore include the
library-promotion clerks in the unit but shall exclude the manager of
the library-promotion department from the unit.
The Guild requests that the city editors of the Tribune and the
Telegram'' be included in its unit. The Companies urge their exclu-
sion. City editors assign work to the reporters and supervise the
reporters and office boys. Although the city editors do not have
authority to hire or discharge employees, they can recommend hiring
and discharging. ' Since their duties are clearly supervisory in nature,
we shall exclude city editors from the unit.
The Companies contend that Christopher Metos should be included
in the unit in the event that the Board determined library-promotion
clerks to'be `a part of the appropriate unit. The Guild takes no
position as to his inclusion or exclusion but requests that the Board
determine his status. Metos is the stenographer of the manager of
the library-promotion department. The business letters are dictated
to him while the answers to letters requesting information are dictated
to another stenographer whose inclusion in the unit is not questioned
by the Guild. Metos also answers the telephones, works occasionally
at the information counter, and writes promotion • advertisements.
In addition, he takes care of the Company's flock of carrier pigeons.
We are of the opinion that these duties are not those of a confidential
employee and shall accordingly include Metos in the unit.
The Guild would exclude from its unit and the Companies would
include the following employees :
(1) Clay Robinson is listed on the pay roll as a puncher at the
Logan, Utah, branch of the Tribune. He is a part-time employee,
operating a teletype machine whereby news copy of. the Logan string
reporter I is conveyed to Salt Lake City. No other punchers are listed
on the pay roll. Howeyer, the Companies also maintain offices at
Ogden and Provo, Utah, where full-time reporters are employed.
Those employees operate the teletype machines at their respective
offices and send in the stories which they report. They are included
in the Guild's unit. We shall include Robinson in the unit.
(2) Editorial writers do not themselves determine the policy of the
Companies, but after consultation with the publisher and general
4 S)ccifically R W Goodell and Plank R Baker
.
6 String reporters do not appear on the pay rolls since they are paid on space'rates: They
reside it points outside Silt Lake City and iepoit news events concerning their respective
localities 7heie are between 100 and 200 string reporters The Companies and the Guild
agree, and we find, that string reporter s should he excluded from' the'unit
487495-4 2-vol. 44-30
466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
manager, they compose editorials expressing the Companies' policy.
In some instances, they'write editorials without previous discussion
with such executives. All their work must be approved by the pub-
lisher or general manager before publication. We are of the opinion
that the responsibilities of editorial writers are not substantially
different from those of reporters and shall include editorial writers
in the unit. I
(3) Theodore Long is listed on the Telegram's pay roll under the
classification, desk news. He is responsible for the lay-out of the
Telegram and chooses the news to be featured. He has no authority to
hire or discharge employees. The record fails to disclose any, sub-
stantial difference between his duties and those of Ben Salnienson,
.who is similarly classified as desk news on the Tribune's pay roll
and is included in the Guild's unit. We shall include Long in the
unit.
(4) Orvin Malmquist appeals on the Tribune's pay roll as a re-
porter. The Guild urges his exclusion for the alleged reason that
he' occupies a more confidential status than the other reporters and
is not subject to the same working conditions. Malmquist is primarily
employed as the Tribune's political analyst and forecaster. However,
it appears that, in the main, lie performs general assignment work
except 'in election years when he handles all the political news and
campaigns. On occasion he has conferences with the publisher. He
does not direct or supervise the other reporters. Although lie is paid
on a different basis than'the other reporters and apparently is not
subject to the same working hours, we nevertheless are of the opinion
that his duties are not distinguishable from those of the Companies'
other reporters. We shall include Malmquist in the unit.
(5) Harriet Morris is the only employee in the home service bureauu,
which the Conipames assert is part of the promotion department.
However, she is not listed on the pay roll of the library-promotion de-
partment introduced into evidence but apparently appears on that
of the business office. She handles all orders for patterns and other
items featured by the bureau and spends part of her time assisting
the auditor. Her duties are obviously unrelated to those of other
employees -in the unit and we shall accordingly exclude Morris from
the unit.
The Companies and the Guild are agreed that the managing editors
of the Tribune and Telegram, the executive news editor of the Tribune,
and the secretaries to the managing editors, should be excluded from
the unit. Since those employees perform either supervisory or con-
fidential duties, we shall exclude them from the unit. ,
- We finch that all employees of the Companies' editorial departments.
including clerks of the library-promotion department, editorial writ-
THE TELEGRAM PUBLISHING COMPANY 467
ers,' Christopher Metos, Clay Robinson, Theodore Long, and Orvin
Malmquist,'but excluding the city editors, the manager of the library-
promotion department, the managing editors,-the executive news editor
of the Tribune, the secretaries of the managing editors, executives,
String reporters and Harriet Morris, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
V. TIIE DETERDIINATION OP' REPRESENTATIVES
We find that the question concerning representation which has
arisen; can best .be, resolved by an, election f by, secret, ballot.
purpose of determining eligibility to vote, the Guild suggests the
use of the pay roll current at the date of the hearing and the Companies
urge the use of the pay roll immediately preceding the date of the
Direction of Election. We find no reason to depart, from our cus-
tomary practice and shall direct that the persons eligible to vote
in the election shall be those in the appropriate unit who were em-
ployed during the pay-roll period immediately preceding the'date of
the Direction of Election herein subject to the limitations and addi-
tion hereinafter set forth in the Direction.
ORDER
Upon the basis of the above findings of fact and the entire record
in the case, the National Labor Relations Board hereby' orders that
the Decision and Direction of Election issued on June 3, 1942, and
amended on July 2, 1942, be, and it hereby is, vacated and set aside.
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 Relations Act,
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules ' aiid Regulations-Series 2, .as amended, it is hereby
DIRECTED that , as part of the investigation to determine representa-
tives for the purposes of collective bargaining with The Telegram
Publishing Company and The Salt Lake Tribune Publishing Com-
pany, Salt Lake City , Utah, an election by secret ballot shall be con-
ducted as early as possible , but not later than thirty (30) days from
the date of this Direction , under the direction and supervision of the
Regional Director for the Twenty -second Region, acting in this mat-
ter as agent for the National Labor ' Relations Board, and subject to
Article III, Section 9, of said Rules and . Regulations ; .among the em-
" See footnote 5 supra
468 DECISIONS OF NATIONAL. LABOR RELATIONS 'BOARD
ployees in the unit found appropriate in Section IV, above, who were
employed by the Companies during the pay-roll period immediately
preceding the date of this Direction, including any such employees
who did not work during that pay-roll period because they. were in
or on vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding any who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by Salt Lake City Newspaper Guild, Local #168,
C. I. 0., for, the purposes of collective bargaining.
Mx. WM. M. LEisERSON took no part in the consideration of the above
Supplemental Decision, Order and Second Direction of Election.
In the Matter of THE TELEGRAM PUBLISHING COMPANY AND THE SALT'
LAKE TRIBUNE PUBLISHING COMPANY and SALT LAKE CITY NEWS-
PAPER GUILD, LOCAL # 168, C. I. O.
Case No. R-3775
ORDER GRANTING MOTION
October 9,194.?
The Board having on September 24, 1942, Issued 'a Supplemental
Decision, Order and Second Direction of Election 1 in the above en-
titled case, and, thereafter, on September 30, 1942, counsel for Salt
Lake City Newspaper Guild, Local #168, and American Newspaper
Guild, C. I. O. having filed a "Motion to Modify or Vacate Direction
of Election," the Company, by telegram dated October 3, 1942, having
objected to the said Motion and the Board having duly considered the
matter,
IT IS HEREBY ORDERED that the aforesaid motion be granted, and that
the Supplemental Decision, Order and Second Direction of Election
be, and it hereby is, vacated; and
IT IS FURTHER ORDERED that the petition for Investigation and Cer-
tification of Representatives previously filed herein by Salt Lake City
Newspaper Guild, Local #168, C. I. 0., be, and it-hereby is, dismissed
without prejudice.
144 N. L R. B. 461.
44 N. L. R. B., No. 79a.
469