Times Publishing Co.

National Labor Relations Board - Board Decisions

Sep 19, 1938

8 N.L.R.B. 1170 (N.L.R.B. 1938)

In the Matter of TIMES PUBLISIIING COMPANY and THE NEWSPAPER
GUILD OF DE rnol r
Case No. R-771.Decided September 19, 1938
Ncwspaper Publishing Induati y-Ina,esttgatioii, of Representatives: contro-
versy concerning representation of employees: employer desires election and
certification by Board of bargaining representative betore entering into further
negotiations, controversy concerning appropriate unit-Boat Appropriate for
Collective Bai gaining: all employees, excluding executives, temporary and part-
time employees, and employees who belong or are eligible to belong to other
unions in plant; plant-Wide; functional coherence; economic interdependence;
prior bargaining by departmental unit based on limited organization held not
conclusive in determination of appropriate unit-Representatives: proof of
choice : membership application cards and petitions ; comparison of union list
with names on pay roll-Certafieation, of Representatives. upon proof of majority
representation
Mr. Charles F. MeErlean and Mr. Harry N. Casselman, for the
Board.
Butzel, Levin d Winston, by Mr. Isadore Levin and Mr. Harry L.
Winston, of Detroit, Mich., for the Company.
Isserman, Isserman cC Kapelsohn, by Mr. Abraham J. Jsserman, of
Newark, N. J., for the Guild.
- Mr. Charles M. Kirk, of Detroit, Mich., for Detroit Stereotypers
Union No. 9.
Mr. Frank A. Kolb, of Detroit, Mich., for Detroit Typographical
Union No. 18.
Mr. Ray Carroll, of Detroit, Mich., for Building Service Employees
International Union.
Mr. Fred Ballbach, of Detroit, Mich., for Detroit Photo Engravers
Union No. 12.
Mr. Morn/3 Lipshy, for Newspaper Drivers' and Handlers' Local
Union No. 372.
Mr. Samuel E. Jones, for Detroit Mailers' Union No.,40.
Mr. Garrett Stone, for Detroit Paper Handlers' and Plate Han-
dlers' Union No. 10.
Mr. Richard H. Meigs, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On March 18, 1938, The Newspaper Guild of Detroit, herein called
the Guild, filed with the Regional Director for the Seventh Region
L R. B., No. 144S N
1170
DEOrSTONS AND ORDERS 1171
(Detroit, Michigan) a petition alleging that a question affecting com-
merce had arisen concerning the representation of employees of Times
Publishing Company, Detroit, Michigan , herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On March 28, 1938, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 ( c) of the Act and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, or-
dered an investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.,
On April 11, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and upon
the Guild. Thereafter copies of a notice of continuance were issued
and duly served upon the Company and the Guild. On April 22,
1938, the Regional Director issued a supplemental notice of hearing,
copies of which were duly served upon Detroit Web Pressmen's
Union No. 13, Detroit Paper Handlers' and Plate Handlers' Union
No. 10, Detroit Mailers' Union No. 40, Newspaper Drivers' and Han-
dlers' Local Union No. 372, International Brotherhood of Teamsters,
Chauffeurs , Stablemen and Helpers of America , Detroit Stereo-
typers' Union No. 9, Detroit Typographical Union No. 18, Interna-
tional Brotherhood of Electrical Workers, Local Union No. 58, Build-
ing Service Employees International Union, and Detroit Photo
Engravers' Union No. 12, herein collectively referred to as the nine
other unions, labor organizations representing or claiming-to represent
certain employees of the Company . Thereafter a second notice of con-
tinuance was issued, copies of which were duly served upon the Com-
pany, the Guild, and the nine other unions. Pursuant to the notice,
the supplemental notice, and the continuances , a hearing was held on
May 2, 4, 5, and 6, 1938, at Detroit, Michigan, before Mapes David-
son, the Trial Examiner duly designated by the Board. The Board,
the Company, and the Guild were represented by counsel and par-
ticipated in the hearing . Seven of the nine other unions appeared
and were represented other than by counsel . No appearances were
filed for Detroit Web Pressmen's Union No. 13 and International
Brotherhood of Electrical Workers Local Union No. 58. Full op-
portunity to be heard, to examine and to cross -examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. At the beginning of the hearing the Trial Examiner granted
the Company's request to file certain motions at a later stage of the
hearing, nunc pro tune. These motions were filed on May 6, 1938,
and in substance prayed that the entire proceeding be dismissed on
certain constitutional grounds and that certain parts of the petition
117213-39-vol 8-75
1172 NATIONAL LABOR RELATIONS BOARD
be stricken. The Company renewed these motions at the close of
the hearing and, in addition, made a motion to determine the ques-
tion concerning representation by an election according to depart-
ments of the Company, and various other motions. All these motions
were denied by the Trial Examiner. At the hearing the Trial Exam-
iner allowed a motion by the Guild to amend, its petition so as to
clarify the description of the bargaining unit contended for by the
Guild. No new issues were raised by the amendment. During the
course of the hearing the Trial Examiner made several rulings on
other motions and on objections to the admission of evidence. The
Board has reviewed the rulings of the Trial Examiner and finds that
no prejudicial errors were committed . The rulings are hereby
affirmed.
By a letter dated May 12, 1938, the Company submitted a request
for oral argument before the Board. It further requested that the
Trial Examiner make an Intermediate Report in this proceeding
prior to the oral argument, setting forth findings of fact and recom-
mendations . The Board denied the Company 's request for an Inter-
mediate Report, but granted its request for oral argument. On July
26, 1938, pursuant to notice , a further hearing was held before the
Board in Washington , D. C., for the purpose of oral argument.
The Company and the Guild were represented by counsel and par-
ticipated in the oral argument.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Times Publishing Company is a Michigan corporation engaged in
the business of printing and publishing the Detroit Times, a daily
and Sunday newspaper. Its principal offices and printing plant are
located in Detroit, Michigan.
Substantially all the newsprint and ink used by the Company are
obtained from outside the State of Michigan . The Company 's aver-
age annual consumption of newsprint amounts to approximately
24,000 tons, valued at approximately $1,200,000. The Detroit Times
has an average daily circulation of approximately 308,489 copies, and
an average Sunday circulation of approximately 407,199 copies. Ap-
proximately 1.3 per cent of the daily, and 12.5 per cent of the Sun-
day papers are circulated and distributed outside the State of Michi-
gan. The Detroit Times subscribes to and receives material from
news , feature, and photographic services in all parts of the country.
It also receives advertising which originates outside the State of
Michigan, and itself advertises its newspaper in publications in vari-
ous parts of the United States and Canada.
DECISIONS AND ORDERS 1173
The Company is wholly owned by Hearst Publications, Incorpo-
rated, and is a part of the Hearst organization of publications and
press, radio, and film services which we considered in Matter of Wil-
liamra Randolph Hearst, Hearst Publications, Inc., Hearst Consolidated
Publications, Inc., Hearst Corporation, American Newspapers, Inc.,
and King Features Syndicate, Inc. and American Newspaper Guild,
Seattle Chapter.'
H. THE ORGANIZATIONS IN\OLVED
The Newspaper Guild of Detroit is a labor organization affiliated
with American Newspaper Guild, which in turn is affiliated with the
Committee for Industrial Organization. Formerly American News-
paper Guild admitted to membership only editorial employees of
news publications and press services. Since June 7, 1937, when its
constitution was amended, it has admitted to membership "any person
gainfully employed in and devoting the major part of his time to an
editorial, business, circulation, promotion, or advertising department,
or allied groups of employees, of a news publication" and certain
classes of government workers and employees of press services and
radio broadcasting facilities.
Membership qualifications are identical for American Newspaper
Guild and The Newspaper Guild of Detroit, except that the juris-
diction of the latter is limited to Detroit, Michigan. The Newspaper
Guild of Detroit is organized into employer units, one of which ad-
mits only employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 25, 1937, as the result of negotiations between repre-
sentatives of the Company and the Guild, the Company caused to be
posted on its bulletin board a "statement of policy" pertaining to
wages, hours, and other terms and conditions of employment in its edi-
torial department. By its terms this "statement of policy" was to
become effective on March 1, 1937, and continue in force for a period
of one year and "as long thereafter as in the opinion of the management
economic conditions justify." By a letter dated December 29, 1937,
appropriate for the purposes of collectively bargaining within the
purpose of concluding a new agreement. In its reply the Company
asserted that the "statement of policy" was binding upon the Guild
for the indefinite period set forth therein. After further correspond-
ence a conference was held on or about March 22, 1938, between repre-
sentatives of the Company and the Guild. At this conference the
Guild sought recognition as representative not only of editorial em-
12 N. L. R. B. 530.
1174 NATIONAL LABOR RELATIONS BOARD
ployees, but also of non-editorial employees, whatever their classifica-
tion, excluding only those who were members of, or eligible for mem-
bership in, established labor organizations contemporaneously active
in the plant. In a letter to the Guild dated March 25, 1938, the Com-
pany expressed its willingness to proceed with an election, under the
direction and supervision of the Regional Director for the Seventh
Region, among the employees which the Guild claimed to represent.
By a letter, dated March 26, 1938, the Guild submitted a counterpro-
posal which it deemed more expeditious, namely, that the Company
and the Guild request the Board to make an investigation of the
Guild's majority status as indicated by application cards and other
documentary evidence and to issue its certification on the basis thereof.
In a letter dated April 4, 1938, the Company declined to accept the
Guild's proposal reiterating its willingness to cooperate with the
Board and the Guild in conducting a consent election. The parties
were unable to agree upon the method for settling the question con-
cerning representation.
We find that a question has arisen concerning representation of
the employees of the Company.
1V. THE EFEECT OF TILE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
In its petition the Guild alleged that "all the employees of the De-
troit Times, excepting those who are now members of, or within
the established jurisdiction of, established labor organizations now
active in the Times plant," constitute an appropriate bargaining unit.
At the hearing the Guild amended its petition, alleging that the ap-
propriate bargaining unit should be composed of all the employees of
the Company, excluding only (1) executives with the power to hire
and discharge employees, (2) employees who are members of the fol-
lowing unions, now covered by existing labor contracts with the Com-
pany : Detroit Typographical Union No. 18, Detroit Stereotypers'
Union No. 9, Detroit Mailers' Union No. 40, Detroit Paper Handlers'
and Plate Handlers' Union No. 10, Detroit Web Pressmen's Union
No. 13, International Brotherhood of Electrical Workers, Local Union
DECISIONS AND ORDERS 1175
No. 58, and Detroit Photo Engravers' Union No. 12, (3) members of
and those eligible to membership in the following unions which have
contracts or other collective bargaining arrangements with the Com-
pany : Newspaper Drivers' and Handlers' Local Union No. 372, and
Building Service Employees International Union, and (4) members
of and those eligible to membership in the International Association
of Machinists and Brotherhood of Carpenters. The Guild also desires
to exclude from the unit certain part-time and temporary employees.
The Company's position is that employees of each department con-
stitute an appropriate bargaining unit or, alternatively, that the em-
ployees of each department should vote separately to determine
whether or not they desire to be included in a larger unit.
For administrative purposes the Company has assigned its em-
ployees to the following departments: Editorial, advertising, circula-
tion, business, and mechanical.
The advertising department of the Company solicits advertisements,
prepares copy for advertisements, determines within limits the num-
ber of pages of each edition, and indicates the position of the adver-
tisements on each page by blocking out space on a sample page. In-
cluded in the advertising department are advertising solicitors, make-
up men, artists, messengers, and stenographers.
The editorial department prepares and edits all the matter appear-
ing in the newspaper other than advertisements. Reporters and
correspondents gather the news and either write news stories or furnish
information to rewrite men for the preparation of news stories.
Photographs are obtained from staff photographers and from syndi-
cates. The Company receives national and foreign news, comic strips,
and feature articles from various press services. There are also
feature writers and artists in the editorial department. The news
editors or copy readers edit all material and write headlines and cap-
tions. Make-up editors place the various items on the pages so as to
fill the space left after advertisements have been blocked out on the
sample page. The editorial department must send all copy to the coin-
posing room before the editorial "dead-line," which is later than the
"dead-line" for the advertising department. Included in the editorial
department are reporters, rewrite men, photographers, artists, feature
writers, messengers, or "copy boys," clerks, and stenographers.
The mechanical department prints the newspaper. This depart-
ment receives copy from the advertising and editorial departments,
sets type, and makes photoengravings. Stereotype plates are cast for
each page and placed in the presses which print the newspaper. In-
cluded in this department are pressmen, photoengravers, composing
room boys, stereotypers, machinists, electricians, and clerks.
1176 NATIONAL LABOR RELATIONS BOARD
The circulation department receives the newspapers from the press-
room and distributes them. Newspapers for mail delivery are labeled
with subscribers' addresses and bundled in the mail room. Drivers
receive newspapers for, handling by the Company's own delivery sys-
tem and deliver them to news dealers. This department includes
mailers, addressograph operators, drivers, stenographers, and clerks.
The business department is in general the fiscal and administrative
office for the Company's entire organization. This department pre-
pares pay rolls and budgets and collects statistics on plant operations
for the information of the management. Included in this depart-
ment are accountants, clerks, stenographers, and telephone operators.
The metropolitan newspaper business is such that promptness in
the collection of news and production and distribution of newspapers
is vital. "Dead-lines" for the various departments are timed so that
all operations synchronize in order that each edition-may contain the
latest news possible. Although each department is administratively
separate, all are functionally interdependent. A shut-down in any
department, resulting from a labor dispute, would in all likelihood
cause a suspension of publication, or at least cripple the operations of
the other departments.
It was established at the hearing that various locals of American
Newspaper Guild have entered into contracts with publishers covering
only editorial employees. It was also established, however, that since
the jurisdiction of the American Newspaper Guild was extended to
cover commercial as. well as editorial employees as a result of action
taken at its June 1937 convention and ratification of that action in
September 1937 it has negotiated contracts with as-many as 18 news-
papers covering both editorial and commercial employees. In some
cases both types of employees are included under a single contract.
In others, where a contract for editorial employees was already in
existence, a separate contract was negotiated for non-editorial em-
ployees. The previous bargaining between the Guild and the re-
spondent upon the basis of the editorial employees as a separate unit
is not conclusive. In the light of the above facts, and since the form
of the unit sought by the Guild is not opposed by any other labor
organization, it is apparent that, in general, the employer unit, ex-
cluding employees in the specified crafts covered by contracts, is
appropriate in this case. We shall proceed to consider several specific
classes of employees, since it is necessary to define the unit more
precisely.
The Company's pay roll includes 21 employees whose exclusion
from the appropriate unit is urged by the Company on the ground
that they perform work of a confidential nature. Among them are
secretaries to executives, and cashiers and bookkeepers. The record
DECISIONS AND ORDERS 1177
shows that these employees perform only the usual duties of their
respective callings and many are active Guild members. We will
therefore include them in the bargaining unit.
In the circulation department are three women addressograph op-
erators. The duties of these operators include the preparation of lists
for mailing, merchandising, advertising, pay roll, and other purposes.
Their principal work, however, is the preparation of mailing lists.
All other work is done on an overtime basis. At the time of the hear-
ing, these workers were members of the Guild, although Detroit
Mailers' Union No. 40, an affiliate of International Typographical
Union, claimed jurisdiction over workers of this class, and produced
evidence at the hearing in support of its claim. While the terms and
conditions of employment of these employees have not been regulated
and fixed by the contract between the Company and the Mailers' Union,
the latter organization proclaimed its intention to admit these em-
ployees into its membership and bargain collectively for them. From
all the testimony, it appears that the Mailers' Union is in a position
to bargain for these operators more advantageously than the Guild.
On July 23,1938, the Mailers' Union filed an affidavit with the Board
in Washington, D. C., stating that subsequent to the hearing in this
proceeding the said three addressograph operators had voluntarily
terminated their memberships with the Guild and, upon application to
the Mailers' Union, were accepted into membership and have since
been dues-paying members in good standing. Upon being informed of
these circumstances, the Guild waived its claim to include them in the
desired unit. We will accordingly exclude these employees from the
unit under consideration.
In the mechanical department there are about six composing room
employees whose duties include handling galleys of type, melting
metal for the linotype machines, and operating proof presses. Func-
tionally these employees are closer to the compositors than to any other
class of employees. However, they are ineligible to join the Detroit
Typographical Union, No. 18, herein called the Typographical Union,
unless they undergo a long apprenticeship. With one known excep-
tion the employees of this group are not members of nor eligible to
join the Typographical Union by reason of the aforesaid rule. All
are now above the age limit of 21 fixed by the Typographical Union
for beginning apprentices, in the absence of special dispensation from
the union. The Typographical Union objects to the inclusion of these
workers in the unit claimed by the Guild, yet it will not admit them to
its own membership. Three of these men are members of the Guild.
At least one is a member of the Typographical Union. In a similar
situation which arose in Matter of Daily Mirror, Inc. and The New--
1178 NATIONAL, , LABOR RELATIONS BOARD
paper Guild of New York,2 we said, "If the typographical craft or-
ganizations desired to bargain for them' we should be disposed to ex-
clude them from a unit composed largely of white collar workers,
but we are impelled by the consideration that no one will bargain
for these workers if the Union does not." We will, therefore, include
them in the bargaining unit, excluding any who are members of or
eligible for membership in Detroit Typographical Union No. 18._
The Company occasionally sends its reporters on special assign-
ments to various places outside the State of Michigan . In addition
the Company carries on its pay roll reporters who are permanently
maintained in cities in Michigan other than Detroit and in cities in
States other than Michigan. The Guild desires to bargain for these
employees, and we find no reason to deny its request. We will include
them in the bargaining unit.
At the hearing the Company and the Guild agreed to exclude from
the bargaining unit 27 employees whose names appeared on the Com-
pany's list of employees who are not members of or bargained for by
any other unmon.3 This group of employees is composed of executives
with the power to hire and discharge, and temporary and part-time
employees. We shall exclude them from the bargaining unit.
We find that all employees of the Company, excluding executives,
temporary and part-time employees, and employees who belong or are
eligible to belong to Detroit Web Pressmen's Union No. 13, Detroit
Paper Handlers' and Plate Handlers' Union No. 10, Detroit Mailers'
Union No. 40, Newspaper Drivers' and Handlers' Local Union No. 372,
International Brotherhood of Teamsters, Chauffeurs, Stablemen and
Helpers of America, Detroit Stereotypers' Union No. 9, Detroit Typo-
graphical Union No. 18, International Brotherhood of Electrical
Workers, Local Union No. 58, Building Service Employees Interna-
tional Union, Detroit Photo Engravers' Union No. 12, International
Association of Machinists, and Brotherhood of Carpenters,, constitute
a unit appropriate for the purposes of collective bargaining and that
said unit will insure to the employees of the Company the full benefit
of their right to sel' -organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The unit which we have found to be appropriate included approxi-
mately 348 persons on April 30, 1938. The Guild introduced in evi-
dence membership application cards and petitions bearing approxi-
mately 221 names appearing on the pay roll of the Company for
April 20, 1938. The Company admitted the genuineness of some of
2 5 N L R B 362.
3 Board Exhibit No 12
DECISIONS AND ORDERS 1179
the signatures and offered no -controverting proof as to the others,
which were supported by the oath of Guild witnesses. A comparison
of the Guild membership application cards and petitions in evidence
with the list of employees in the appropriate unit clearly indicates that
the Guild represents a majority in the appropriate unit.
We find that the Guild has been designated and selected by a major-
ity of the employees in the appropriate unit as their representative for
the purposes of collective bargaining . It is, therefore , the exclusive
representative of all the employees in such unit for the purposes of
collective bargaining and we will so certify.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Times Publishing Company, Detroit, Michi-
gan, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All employees of the Company, excluding executives, temporary
and part-time employees, and employees who belong or are eligible to
belong to Detroit Web Pressmen's Union No . 13, Detroit Paper Han-
dlers' and Plate Handlers' Union No. 10, Detroit Mailers' Union No.
40, Newspaper Drivers' and Handlers' Local Union No. 372, Literna-
tional Brotherhood of Teamsters , Chauffeurs , Stablemen and Helpers
of America, Detroit Stereotypers' Union -No. 9, Detroit Typographical
Union No. 18, International Brotherhood of Electrical Workers Local
Union No. 58 , Building Service Employees International Union,
Detroit Photo Engravers' Union No. 12, International Association of
Machinists, and Brotherhood of Carpenters, constitute a unit appro-
priate for the purposes of collective bargaining , within the meaning
of Section 9 (b) of the National Labor Relations Act.
3. The Newspaper Guild of Detroit is the exclusive representative
of all the employees in such unit for the purposes of collective bargain-
ing, within the meaning of Section 9 (a) of the National Labor
Relations Act.
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, Section 8, of National Labor Relations
Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that The Newspaper Guild of Detroit has
been designated and selected by a majority of all employees of Times
1180 NATIONAL LABOR RELATIONS BOARD
Publishing Company, Detroit, Michigan, excluding executives, tem-
porary and part-time employees, and employees who belong or are
eligible to belong to Detroit Web Pressman's Union No. 13, Detroit
Paper Handlers' and Plate Handlers' Union No. 40, Newspaper
Drivers' and Handlers' Local Union No. 372, International Brother-
hood of Teamsters, Chauffeurs, Stablemen and Helpers of America,
Detroit Stereotypers' Union No. 9, Detroit Typographical Union No.
18, International Brotherhood of Electrical Workers Local Union No.
58, Building Service Employees International Union, Detroit Photo
Engravers' Union No. 12, International Association of Machinists, and
Brotherhood of Carpenters, as their representative for the purposes of
collective bargaining and that, pursuant to the provisions of Section
9 (a) of the Act, The Newspaper Guild of Detroit is the exclusive
representative of all such employees for 'the purposes of collective bar-
gaining in respect to rates of pay, wages, hours of employment, and
other conditions of employment.
[SAME TITLE
AMENDMENT TO CERTIFICATION OF REPRE-
SENTATIVES
September ^?8, 1938
On September 19, 1938, the National Labor Relations Board,
Herein called the Board, issued a Decision and Certification of Rep-
resentatives in the above-entitled matter. Detroit Mailers' Union
No. 40 was inadvertently omitted from the list of labor organizations
enumerated in the Certification of Representatives and Detroit Paper
Hai-idlers' and Plate Handlers' Union No. 10 was erroneously des-
ignated therein as Detroit Paper Handlers' and Plate Handlers'
Union No. 40.
The Board hereby amends its Certification of Representatives by
striking out the words, "Detroit Paper Handlers' and Plate Handlers'
Union No. 40," and inserting in lieu thereof the words, "Detroit
Paper Handlers' and Plate Handlers' Union No. 10, Detroit Mailers'
Union No. 40."
S N. L R., B., No 144a