Sacramento Publishing Co., Ltd.

National Labor Relations Board - Board Decisions

Oct 14, 1944

58 N.L.R.B. 1029 (N.L.R.B. 1944)

In the Matter of SACRAMENTO PUBLISHING COMPANY, LTD. and SACRA-
MENTO UNION EMPLOYEES ASSOCIATION -
In the Matter Of SACRAMENTO PUBLISHING COMPANY, LTD. and SACRA-
MENTO VALLEY NEWSPAPER GUILD, CHAPTER 92, AMERICAN NEWS-
PAPER GUILD (CIO)
Cases Nos . 20-R-1076 and 20-R-1094 , respectively
SUPPLEMENTAL DECISION'
AND
CERTIFICATION OF REPRESENTATIVES
October 14 ,1944
On August 26, 1944, the National Labor Relations Board - issued a
Decision , Direction of Election and Order in the above-entitled pro-
ceeding. ' Pursuant to the Direction of Election, an election by secret
ballot was conducted on September 12, 1944, under the direction and
supervision of the Regional Director for the Twentieth Region (San
Francisco, California). On September 23, 1944, the Regional Direc-
tor, acting pursuant to Article III, Section 10, of National Labor Re-
lations Board Rules and Regulations-Series 3, as amended, issued a
Consolidated Report on Election and Report on Challenged Ballots.
As to the balloting and its results, the Regional Director reported as
follows : -
Approximate number of eligible voters ----------------------- 37
Total ballots cast------------------------------------------- 32
Total ballots challenged------------------------------------- 9-
Total void ballots------------------------------------------- 0
Total ballots counted---------------------------------------- 23
Votes cast for Sacramento Valley Newspaper Guild, Chapter 92,
American Newspaper Guild, CIO--------------------------- 16
Votes cast against participating union ------------------------ 7
In view of the fact that the challenged ballots were sufficient in
number to affect the results of the election, the Regional Director in-
vestigated their validity and incorporated his findings and recommen-
dations in his Report. He recommended that the challenges to the
votes of Mabel Geiberger, Hugh L. Darrah, and Jack Odbert, be sus-
1'57 N. L . R B. 1636.
58 N. L . R. B., No. 194.
1029
, 1030 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tained and that the remaining six challenges be overruled. None of
the parties filed exceptions to the Regional Director's Report.
Upon the Regional Director's Report and the entire record in the
case, the Board makes the following supplemental findings of fact
with respect to the challenged ballots : -
Mabel Geiberger, Ilugh L. Darrah, and Jack- Odbert were chal-
lenged at the polls by the Guild, on the ground that they were not
included in the bargaining unit found to be appropriate in the
Board's Decision-in this proceeding; These employees- collect "past-
due" accounts owed to the Company by subscribers. They work ap-
proximately 37 to 111 hours each month on an hourly basis, and are
paid semi-monthly. The Company states that their names were inad-
vertently omitted-from the list-of employees submitted in evidence
at -the hearing held herein. It appears that the errors occurred be-
cause the list submitted was prepared from a weekly pay-roll list
which did not contain the names-of employees paid on a semi-
monthly basis. In view of the fact that the unit found to be appro-
priate in the Board's Decision included "all employees of the
Company in its editorial and- circulation departments . . .";
that these employees function as an integral part of the circulation
department; and that they spend a substantial part of their working
time in the employ of the Company; we perceive no validity in the
challenges to their ballots. We find, therefore, that the ballots of
Mabel Geiberger, Hugh L. Darrah, and Jack Odbert are valid.
- Harlan Smith, Jr., was challenged at the polls by the Company,
on the ground that he was hired on a temporary basis for general
work during the summer vacation. He was hired as an office boy in
June 1944, at that time giving notice that he would work until Sep-
tember 23, 1944. There is nothing in the.record to indicate whether
or not he has any reasonable expectancy of returning to the Com-
pany's employ during subsequent summers. Accordingly, we are
of the opinion that .as a temporary employee he had no substantial
interest in the-outcome of the election. Therefore, we find that he
was ineligible to vote and that his ballot should not be counted 2
Beth Hightower was challenged at the polls by the Company on the
grounds that she works only part time and earns her principal liveli-
hood from employment in the Sacramento School Department. She
works as a reporter, covering various sports events. During the
school vacation period in the summer, she covers assignments which
occupy, in some instances, entire working days. During the school
term, her employment is restricted to covering 'sports events which
take place at times when she is not otherwise engaged in the per-
2 Matter of Johnson-Handley-Johnson and Johnson Furniture Company, 51 N. L R. B.
1282. See Matter of Sierra Pacific Power Company, 56 N. L. R. B. 458. -
SACRAMENTO PUBLISHING COMPANY, LTD. 1031
'formance of school duties. - It appears that throughout the year she
is in the employ of the Company an average of about 16 hours per
week. In view of the fact that she is a regular part-time employee
and spends a substantial portion of her working time in the perform-
ance of her duties, we find no merit in the contention that she was
ineligible to vote. Accordingly, we find that her ballot is valid.
Boruff Smith, Chapin A. Day, II, Alilla?d Browne, and Richard'
Edmonds were challenged at the polls by the Company on the basis
of its allegations to the effect that each occupies a supervisory status
in the Company's employ.- -Since March 1938, the Guild has bar-
gained with the Company for these and' other employees,- as 'evi-
denced by written contracts. These men are among 23 employees
in the editorial department all of whom are under the supervision of
the editor and general manager, and managing editor. - Smith is
designated city editor and assigns reporters and the camera man to
specific news events; in general, he directs the efforts of those em-
ployees in the editorial department engaged in local news cover-
age. Day, occupies the position of Sunday editor, and directs ac-
tivities with respect to publishing the Sunday paper. Browne is,
an associate editor who does editorial writing which involves, to
some extent, formulating the editorial policy of the paper. Edmonds
is the sports editor. The only evidence detracting from the con-
clusion that these four men are not supervisory employees is that
on one instance Smith discharged an office boy after securing per-
mission to do so from the-editor, that the editor directs applicants
for the position of office boy to Smith and has advised Smith to
handle such applicants; that Day and Browne, in isolated instances,
have discussed the work of reporters with the editor ; and that
Browne, on infrequent occasions has acted as managing editor with-
out exercising the supervisory authority attributed to that position.
In view of circumstances here present, including the limited size of
the editorial staff,. and the fact that' the Guild and the Company
have bargained with respect to these men for approximately 6 years,
we find that Boruff Smith, Chapin A. Day, II, Millard Browne, and
Richard Edmonds are not supervisory employees and were therefore,
eligible to vote.
For reasons indicated above, we conclude that Mabel Geiberger,
Hugh L. Darrah, Jack Odbert, Beth Hightower, Boruff Smith,
Chapin A. Day, II, Millard Browne, and Richard Edmonds were
eligible to vote and their ballots are hereby declared valid; but that
Harlan Smith, Jr., was ineligible to vote and his ballot is hereby
declared invalid. Since 16 of the 31 valid votes were cast for the
Guild in the election, it will be unnecessary to open and count the 8
challenged ballots declared above to be valid, accordingly, we find
1032 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that the Guild has been chosen as the exclusive bargaining represent-
ative of the employees in the bargaining unit heretofore found to be
appropriate.
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 Relations
Act, and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 3, as amended,
IT IS HEREBY CERTIFIED that Sacramento Newspaper Guild, Chapter
92, American Newspaper Guild (CIO) has been designated and se-
lected by a majority of all employees of Sacramento Publishing Com-
pany, Ltd., Sacramento, California, in the Company's editorial and
circulation departments, excluding supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees or effectively recommend such
action, as their representative for the purposes of collective bargain-
ing, and that, pursuant to Section 9 (a) of the National Labor Re-
lations Act, the aforesaid organization is the exclusive representative
of all such employees for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other con-
ditions of employment.
MR. GERARD D. REILLY took no part in the consideration of the
above Supplemental Decision and Certification of Representatives.
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