Stockholders Publishing Co., Inc.Download PDFNational Labor Relations Board - Board DecisionsJul 30, 194133 N.L.R.B. 941 (N.L.R.B. 1941) Copy Citation In the Matter of STOCKHOLDERS PUBLISHING COMPANY , INC. a: id LOS ANGELES NEWSBOYS LOCAL INDUSTRIAL UNION No. 75, C. I. O. In the Matter of HEARST PUBLICATIONS , INCORPORATED (Los ANGELES EVENING HERALD & EXPRESS DEPARTMENT ) and Los ANGELES NEWS- BOYS LOCAL INDUSTRIAL UNION No. 75, C. I. O. In the Matter of TIMES MIRROR Co.'and Los ANGELES NEWSBOYS LOCAL INDUSTRIAL UNION No. 75, C. I. O. In the Matter of HEARST PUBLICATIONS , INCORPORATED ( Los ANGELES EXAMINER DEPARTMENT) and Los ANGELES NEWSBOYS LOCAL INDUS- TRIAL UNION No. 75, C. I. O. Cases Nos. R-1923 to R-1926 inclusive - SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES July 30, 1941 On January 9, 1941, the National Labor Relations Board, herein called the Board , issued a Decision and Direction of Elections in the above-entitled proceedings.2 Pursuant to the Direction of Elections and various amendments thereto 3 separate elections by secret ballot were conducted under the direction and supervision of the Regional Director. for the Twenty-first Region (Los Angeles, California) on 1 28 N . L. R. B 1006 20n March 14, 1941, Stockholders Publishing Company, Inc ., Los Angeles , California, herein called the News, and Hearst Publications , Incorporated ( Los Angeles Evening Herald & Express Department ), Los Angeles , California , herein called the Herald, filed their respective motions to reopen the proceedings and to modify the Decision . By order dated March 21, 1941, the Board denied the said motion of the News . The motion of the Herald is hereby denied. On May 14 , 1941, the Times-Mirror Company, Los Angeles, California , herein called the Times , filed "Objections to Validity of Direction of Elections and Exceptions to Same; Blanket Objection to the Ballot of Each and Every Person Voting in Said Elections (Times-Unit )," which the Board by order dated May 21, 1941 , overruled . On May 14, 1941, the News and the Herald , by documents filed with the Regional Director , separately "challenged" all votes which might be cast in the elections among their respective em- ployees. The Regional Director considered the documents as objections to the election and in his Election Reports referred to below, overruled such objections . The rulings are hereby affirmed. 3 29 N L . R. B 94; 29 N. L R. B . 95; 30 N . L. R. B. 696; 30 N L R. B . 697; 31 N L R B. 897. 33 N. L. R. B "No. 168. 941 942 DECISIONS OF NATIONAL LABOR RELATIONS BOARD May 14, 1941, among employees of the News and of the Herald, and on May 15, 1941, among employees of the Times .4 The News election On May 17, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and' Regula- tions-series 2, as amended, issued and duly served upon the parties his Election Report relating to the election among the employees of the News. As to the balloting and its results the Regional "Director reported as follows : Total on eligibility list------------------------------------- 349 Total ballots cast------------------------------------------ 247 Total ballots challenged------------------------------------ 36 Total blank ballots---------------------------------------- 1 Total void ballots----------------------------------------- 1 Total ballots not counted----------------------------------- 38 Total ballots counted-------------------------------------- 209 Total votes for Los Angeles Newsboys Local Industrial Union No. 75, C. 1. 0.5------------------------------------------ 191 Total votes against Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0------------------------------------- 18 On May 24, 1941, the News filed with the Regional Director Objec- tions to the Election Report and to the conduct of the ballot. On May 26, 1941, the Regional Director, acting pursuant to Article III, Section 9, of said Rules and Regulations, issued his Report on Objections. The Board has considered the Objections and the Regional Director's Report on Objections and finds that the Objections raise no substantial or material issues with respect to,the conduct of the election. The Objections are hereby overruled. Since the challenged ballots cannot affect the result of the election, it is unnecessary to pass upon the challenges. The Herald election On May 17, 1941, the Regional Director, acting pursuant to Article III, Section 9, of said Rules and Regulations, issued and-duly served upon the parties his Election Report relating to,the election among A Pursuant to the said Decision and Direction of Elections an election was also conducted oil May 15 , 1941, among employees of Hearst Publications , Incorporated ( Los Angeles Examiner Department ), Los Angeles , California . Since the Regional Director has not completed his investigation and has not issued his Election Report with respect to that election , no action is taken in this Supplemental Decision and Certification of Representa- tives with respect thereto. E Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0., Is herein called the Union. STOCKHOLDERS PUBLISHING COMPANY, INC. 943' the employees of the Herald. As to the balloting and its results the Regional Director reported as follows : Total on eligibility list--- ----------------------------------- 209 Total ballots cast ------------------------------------------- 179 Total ballots challenged------------------------------------- 29 Total blank ballots------------------------------------------ 1 Total void ballots --------------------------------------- &-- 0 Total ballots not counted------------------------------------ 30 Total ballots counted --------------------------------------- 149 Total votes for Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0------------------------------------------- 138 Total votes against Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0------------------------------------- 11 On May 23, 1941, the Herald filed Objections to the Conduct of the Ballot and to the Election Report. On May 26, 1941, the Regional Director, acting pursuant to Article III, Section 9, of said Rules and Regulations, issued his Report on Objections. The Board has con- sidered the Objections and the Regional Director's Report on Objec- tions, and finds that the Objections raise no substantial or material issue with respect to the conduct of the election. The Objections are hereby overruled. Since the challenged ballots cannot affect the result of the election, it is unnecessary to pass upon the challenges. The Times election On June 2, 1941, the Regional Director, acting pursuant to Article, III, Section 9, of said Rules and Regulations, issued and duly served upon the parties his Election Report relating to the election among the employees of the Times. As to the balloting and its results the Regional Director reported as follows : Total on eligibility list-------------------------------------- 457 Total ballots cast------------------------------------------- 309 Total 'ballots challenged------------------------------------- 108 Total blank ballots------------------------------------------ 2 Total void ballots------------------------------------------- 2 Total ballots not counted------------------------------------- 112 Total ballots- counted--------------------------------------- 197 Total votes for Los Angeles Newsboys Local Industrial Union No. 75, 0. I. 0-------------------------------------------- 131 Total votes against Los Angeles Newsboys Local Industrial Union No. 75; C. I. 0-------------------------------------- 66 In -his said Election Report the Regional Director sustained 51 of the challenges and overruled the, remaining b7. On June 6, 1941, the Times filed with the Regional Director Objec- tions to the Conduct -of -the Ballot and to the Election Report. The Union-fi'led no objections to the Election Report. On June 12, 1941, 944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Regional Director, acting pursuant to Article III, Section 9, of said Rules and Regulations, issued his Report on Objections. In its Objections the Times stated, among other things, that the notice of election circulated by the Acting Regional Director was misleading and not in conformity with the Board's Direction of Elec- tions in that the Direction of Elections directed that an election be field among certain newsboys engaged in the sale of "The Los Angeles Times," a newspaper published by the Times,6 within Los Angeles and Glendale, California, whereas the notice of election announced that the election would be held among all such newsboys within Los Angeles, California. Glendale is a suburb adjacent to Los Angeles. In, his Report on Objections the Regional Director reported the fol- lowing : that mention of Glendale was omitted from the notice of election through a clerical error; that there are approximately 16 known vendors of "The Los Angeles Times" in Glendale, each of whom was registered by an agent of the Board accompanied by 'a representative of the Times, and each of whom, as he was registered, received an identification card; 7 that a notice of election was sent by first class mail to each newsboy registered, at his home address; and that 8 of the approximately 16 eligible newsboys in Glendale cast ballots in the election. The Regional Director found that the notice, of election was sufficient and that the objection in question raised no 6 "The Los Angeles Times" was referred to in the Decision and Direction of Elections and in the said Objections as the Times. ° The identification card was in the following form : No. ------ UNITED STATES OF AMERICA NATIONAL LABOR RELATIONS BOARD 808 U. S. Postoffice Bldg ., Los Angeles VOTER'S IDENTIFICATION CARD NEWSBOYS • Bring this card with you when you vote. Newsboys may appear on election day even if they have not received or have lost their identification card . Dates and place of election will be announced later. DO NOT SIGN THIS CARD ---------------- --------------------------------------- ------------------------------------ Date ------------ 1941 No. -------- UNITED STATES OF AMERICA NATIONAL LABOR RELATIONS BOARD Name ---------------------------------------------------------------------- Address -------------------------------------------------------------------- Location ---------------------------------- ------- - - - - Times q ; News q ; Examiner q ; Herald Express q Employed on or prior to Jan. 9, 1941. YES NO q q Employed for ------ months . ------------------------------ Newsboy's Signature Board Agent SPOCKHOLDERS PUBLISHING COMPANY, INC. 945 substantial or material issue with respect to the conduct of the ballot., We agree with this finding. No objections were filed to the Regional Director's ruling mentioned above sustaining challenges to 51 ballots.8, The Times objected to the Regional Director's action in overruling its challenges to 32 ballots,9 and the Regional Director found, on the basis of his investiga- tion of the facts, that this objection raised no substantial or material issue with respect to the conduct of the election. Since all the challenged ballots which the Regional Director ruled valid, including both those challenged by the' Times and those challenged by the Union, could not affect the outcome of the election, it is unnecessary to pass upon the challenges. We therefore find that this objection raises no substantial or material issue with respect to the conduct of the ballot. The Times interposed various general objections to the Election Report, none of which, however, raise any substantial or material issue with respect to the conduct of the ballot. We hereby overrule in their entirety the Times' Objections to the Conduct of the Ballot and to the Election Report. 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 Act, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0., has been designated and selected by a majority of all employees of Stockholders Publishing Company, Inc., Los Angeles, California, who are full-time newsboys and ,checkmen en- gaged to sell the News within Los Angeles, California, excluding bootjackers, temporary, casual, and part-time newsboys, as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0., 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 employment; . IT IS HEREBY CERTIFIED that Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0., has been designated and selected by a majority of all employees of Hearst Publications, Incorporated, (Los Angeles Evening Herald & Express Department) Los Angeles, California, who are full-time newsboys and checkmen engaged to sell the Herald with- in Los Angeles, California, excluding bootjackers, temporary, casual, 8 Of the sustained challenges , 50 were interposed by the Times and 1 by the Union. The remaining overruled challenges , numbering 25, were interposed -by the Union. 946 DECISIONS OF NATIONAL LABOR RELATIONS= BOARD and part-time newsboys, as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0., 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 employment; IT IS HEREBY CERT]FIED that Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0., has been designated and selected by a majority of all employees of The Times-Mirror Company, Los Angeles, Cali- fornia, who are newsboys engaged in the street sale of the Times at established spots 4 or more hours a day, 5 or more days a week, within Los Angeles and Glendale, California, excluding temporary, newsboys, as their representative for the purposes of collective bar- gaining, and that, pursuant to the provisions of Section 9 (a) of the Act, Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0.,- 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 employment. Copy with citationCopy as parenthetical citation