The Wichita Eagle

National Labor Relations Board - Board Decisions

Aug 7, 1946

69 N.L.R.B. 1270 (N.L.R.B. 1946)

In the Matter Of MARCELLUS M. MURDOCK, SOLE SURVIVING TRUSTEE OF
THE VICTORIA MURDOCK ESTATE, DOING BUSINESS AS THE WICHITA
EAGLE, EMPLOYER and NEWSPAPER GUILD OF WICHITA, AFFILIATED
WITH THE AMERICAN NEWSPAPER GUILD, CIO, PETITIONER
Case No. 17-R-1454.-Decided August 7, 1946
Fleeson, Gooing, Coulson cC Kitch, by Messrs. Dale M. Stuoky and
Howard T. Fleeson, of Wichita, Kans., for the Employer.
Issermam,, Isserman di Kapelsohn, by Mr. Morris Isserman, of
Newark, N. J., and Mr. Larry MacLean, of New York City, for the
Petitioner.
Mr. F. G. Dunn, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Wichita,
Kansas, on June 10, 1946, before William C. Baisinger, Trial Exam-
iner. The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. Subsequent to the hearing,
the Employer moved that the record be reopened and further evidence
taken in regard to the history of collective bargaining by the two
newspaper plants in Wichita, Kansas. This motion is hereby denied.-
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Marcellus M. Murdock, sole surviving trustee of the Victoria
Murdock Estate, doing business as The Wichita Eagle, is now engaged
in publishing a daily newspaper known as The Wichita Eagle,
1 The Employer contended that it was prejudiced by the Trial Examiner 's ruling restrict-
ing testimony in regard to the history of collective bargaining on a multiple -employer
basis . However, the Employer made an offer of proof which was admitted into the record
by the Trial Examiner , and which if proved, we find would not alter our decision in this
case. Accordingly, we find that the Employer was not prejudiced by the Trial Examiner's
ruling.
69 N. L . R. B., No. 152.
1270
THE WICHITA EAGLE 1271
Wichita, Kansas. The Eagle annually purchases raw materials in
excess of $200,000 from sources outside of the State of Kansas. The
paper has a daily circulation in excess of 65,000 copies, of which
approximately 5 percent is distributed to points outside the State
of Kansas.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TIIE APPROPRIATE UNIT
The Petitioner seeks a unit of all editorial employees employed by
the Employer at Wichita, Kansas, including the assistant to the sports
editor, but excluding the managing editors, the columnist, and feature
writer,? out-of-town correspondents, all part-time and temporary em-
ployees, and all confidential and supervisory employees. The Em-
ployer has no objection generally to the editorial unit but would extend
it to include the editorial employees of the Wichita Beacon, herein
called the Beacon. The inclusion or exclusion of certain individuals
hereinafter discussed is also in dispute.
The Eagle and the Beacon are separately owned and operated.
Their papers are published in two separate printing plants located
about 1 block apart. There is no integration of operations and no
interchange of employees between the two plants.
The record reveals that the Employer and the Beacon have exe-
cuted contracts and have carried on joint negotiations on a multiple-
employer basis for several years with the respective bargaining repre-
sentatives of the printers, stereotypers, and mail room employees.3
The Company contends that this history of bargaining on a multiple-
Victoria Brown. The record reveals that she is part owner of the Eagle.
However, in a ease recently decided by the Board, the Employer sought and was granted
a separate unit of mail room employees on the grounds that as far as these employees were
concerned , it intended henceforth to pursue a separate course. Matter of Marcelius M.
Murdock, as Trustee for The Victoria Murdock Estate , 67 N. L . R. B. 1426.
1272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employer basis should determine the extent of the unit for the editorial
employees. Although we have held a multiple-employer unit appro-
priate where the history of collective bargaining had been on a mul-
tiple-employer basis, such holding generally has been predicated upon
a multiple-employer history of bargaining on behalf of the specific
employees for whom representation was sought.' Here the record
discloses that neither the Petitioner nor any other union ever has
entered into collective bargaining contracts upon a multiple-employer
basis covering the editorial employees, nor have the companies in
their negotiations covering the printers, stereotypers, and mail room
employees considered bargaining on a joint basis with representatives
of the editorial employees in the event those employees were organ-
ized. In view of these factors, we are of the opinion that a unit com-
posed of the editorial employees of the Employer alone is appropriate.
The Employer would include the following employees, whereas the
Petitioner contends that they should be excluded.
Editorial advisor, John Reed. Reed was managing editor of the
Eagle for a period of 22 years, and in such capacity hired many of
the employees now working for the Employer. Recently, he was
promoted to the position of editorial writer and advisor to the pub-
lisher at an increase in pay. In this capacity he writes editorials,
advises the publisher on editorial policy, and on occasion gives assign-
ments to reporters and photographers in the editorial department. We
are of the opinion that his position differs materially from the ordi-
nary editorial writer in that he participates in the formulation, deter-
mination, and effectuation of management policy. We shall exclude
him from the unit.
City editor. The city editor directs the various activities of the
reporters, assigns them to regular "beats," and also makes special
assignments to cover possible newsworthy events. The record indi-
cates that he has authority effectively to recommend changes in the
status of employees under his supervision. We shall exclude him from
the unit.5
The aviation reporter. This employee is an instructor for a flying
school at the University of Wichita Airport. She writes a regular
weekly article on amateur flying for the Eagle. In addition, she
handles special assignments for the Eagle on anything pertaining to
aviation. She is paid by the hour and works on the average of 10
hours per week. She brings her weekly article to the editorial office
on Thursday or Friday of each week, and also is frequently in touch
with the editor by phone in regard to aviation assignments. It would
appear that her position is similar to the assistant to the sports editor,
4 Matter of Bull-Insular Line, Inc., 56 N. L . R. B. 189 ; Matter of Union Collieries Coal
Company, 41 N. L. R. B. 961.
6 Matter of Chicago Daily News, Inc., 56 N . L. R. B. 274.
THE WICHITA EAGLE 1273
who averages 20 hours a week covering sports events and who the
parties agree should be included. We are of the opinion that the
aviation reporter, as a regular part-time employee, has a substantial
interest in the selection of a bargaining agent. We shall include her
in the unit.
Helen Tonsing and Robert Tonsing, Jr., copy girl and copy boy.
Both of these employees attend school during the regular term. To-
gether, they perform the duties of the one job of copy boy, both
during the school term and the vacation periods. They are carried
on the Eagle's pay roll as regular employees. The Employer's pay-
roll records reveal that Helen regularly works 43 hours per week
and that Robert, Jr., works 8 hours per week; there is testimony,
however, to the effect that Robert, Jr., works more than 8 hours and
Helen less than 48 hours. In any event, it is apparent that between
the two of them they work 56 hours each week. Inasmuch as they
are regular part-time employees, we shall include them in the unit.
Secretary to the publisher and other executives in the editorial de-
partment. This employee is the only secretary in the editorial depart-
ment. As the private secretary to the publisher and other executives,
she acts in a confidential capacity to persons who exercise managerial
functions in the field of labor relations. We shall exclude her from
the unit.
Telephone operators. The Eagle employs five telephone operators
who operate a switchboard on the same floor as the editorial depart-
ment. As this is the only switchboard in the plant, they handle calls
for both the editorial and commercial departments. Except for han-
dling calls, these employees have no contact with the editorial depart-
ment and perform no editorial work. We are of the opinion that their
interests and duties are not sufficiently akin to those of the editorial
employees as to warrant their inclusion in the unit. We shall exclude
them .6
The Petitioner would include and the Employer would exclude the
librarian. This employee is in charge of the department normally
referred to in the newspaper business as the "morgue." She is carried
on the editorial department pay roll as a regular full-time employee,
and is in daily contact with editorial department employees, whom
she provides with research material. Although the record reveals that
she also serves the advertising department in the same capacity, we
are of the opinion that her interests in matters of collective bargaining
are sufficiently allied to those of the editorial employees to warrant
her inclusion; we shall include her.,
We find that all editorial employees employed by the Eagle at
Wichita, Kansas, including the aviation reporter, the copy girl and
Matter of The Brooklyn Citizen, 52 N. L. R. B. 673.
7 Matter of Worcester Telegram Publishing Company, Inc., 61 N. L. R. B. 1118.
1274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
copy boy, the assistant to the sports editor, and the librarian, but ex-
cluding the editorial advisor, the managing editors, the columnist and
feature writer, all out of town correspondents, the city editor, the secre-
tary to the publisher and other executives in the editorial department,
the telephone operators, and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Marcellus M. Murdock, sole surviv-
ing trustee of the Victoria Murdock Estate, doing business as The
Wichita Eagle, Wichita, Kansas, an election by secret ballot shall be
conducted 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 Seventeenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Arti-
cle III, Sections 10 and 11, of National Labor Relations Board Rules
and Regulations-Series 3, as amended, among the employees in the
unit found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction, including employees who did not work during said pay-roll
period because they were ill or on vacation or temporarily laid off,
and including employees in the armed forces of the United States who
present themselves in person at the polls, but excluding those em-
ployees who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether or not they desire to be represented by Newspaper Guild
of Wichita, affiliated with The American Newspaper Guild, CIO, for
the purposes of collective bargaining.
Mx. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.