Florida Publishing Co.

National Labor Relations Board - Board Decisions

Jun 8, 1943

50 N.L.R.B. 229 (N.L.R.B. 1943)

In' the Matter of FLORIDA PUBLISHING COMPANY and INTERNATIONAL
TYPOGRAPHICAL UNION
In the Matter of FLORIDA PUBLISHING COMPANY and INTERNATIONAL
'PRINTING PRESSMEN 'S & ASSISTANTS ' UNION # 97 OF JACKSONVILL}i,
FLORIDA
Cases Nos. R-5333 and R-5334, respectively.-Decided June 8, 1943
Mr. G. TV. Botts, of Jacksonville, Fla., for the Company.
Mr. Edward L. Thayer, of Jacksonville, Fla., for the I. T. U.
Mr. Claude R. Luten, of Jacksonville , Fla., for the , Pressmen.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by International Typographical Union,
herein called the I. T. U., and International Printing Pressmen's &
Assistants' Union #97 of Jacksonville, Florida, herein called the
Pressmen, alleging that questions affecting commerce had 'arisen
concerning the representation of employees of Florida Publishing
Company, Jacksonville, Florida, herein called the Company, the
-National Labor Relations Board provided for an-appropriate con-
solidated hearing upon due notice before Dan M. Byrd, Jr., Trial
Examiner. Said hearing was held at Jacksonville, Florida, on May
11, 1943. The I. T. U., the Pressmen, and the Company appeared,
participated, and were afforded full opportunity 'to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues.' The Trial Examiner's rulings are free from preju-
dicial error and are hereby affirmed.
-On Mky 15 and 17,1943, respectively, the Company and the I. T. U.
filed briefs which the Board has considered. -
Upon the entire record i in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Florida Publishing Company, a Florida corporation, is en-
gaged in the' printing and publishing of a daily newspaper, The
' A stipulation,prouiding for'corrections"in the transcript of the record herein, entered
into by the parties, is hereby made a part of the record, and the .transcript is ordered cor-
rected in accordance therewith.
50 N. L. R. B., No. 39.
229
516105-44-vol. 50-16
6
230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Florida Times-Union. The Company uses raw materials consisting
of paper, ink, blankets, mats, and engraving material. During 1942
purchases of these materials -amounted to approximately $420,225, all
of which was purchased from points outside the State of Florida.
Net sales for 1942 amounted to approxiinately $1,709,929.98, of whicli-
circulation sales amounted to $804,408 and advertising sales amounted
to $892,512. Approximately, 4.6 .percent of, the circulation sales oc-
curred' outside the State of Florida. The, newspaper has ' a daily
average circulation of 97,923 papers'and a Sunday average circula-
tion of 109,055 papers, of which approximately 5 percent is mailed
,to points outside the State of Florida. The Company is a member
of the Associated Press and subscribes to the United Press, the
North American Newspaper Alliance, and other syndicated columns
,and comics. • It also has national advertising representatives in New'
York, Chicago, Detroit, Los Angeles, and San Francisco.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Typographical Union and International Printing
Pressmen's & Assistants', Union #97 of Jacksonville, Florida, are
labor organizations, each admitting to membership employees of the
'Company.
III., THE QUESTION,CONCERNING REPRESENTATION
During April 1943, the I. T. U. requested recognition as the' ex-
elusive bargaining representative of the Company's printers , and
mailers; the Pressmen made, a -similar request with respect to the
pressmen. The Company refuses .to, grant the requests unless and
until the Unions are certified by the Board.
The record reveals that each organization represents a substantial
number of employees in the units. alleged by each to be appropriate.'
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 , (6) and (7) of the Act.
' The Field Examiner reported that the I T U. submitted from among the punters 11
application -for-membership cards and 6 signed ballots signifying that the signer will make
application for membership if a: majority of the printers likewise make application, and a
petition containing 12 signatures of persons in the mail room recognizing the I . T. U. as
their sole bargaining agent; all 29 signatures were apparently genuine , and original, and
28 were the names of persons on the Company ' s pay rolls of March 19 and April.23 , ,1943,
said pay rolls listing 61 persons in the unit claimed by the I T. U -
The Pressmen :submitted the'monthly 'dues -payment receipts of 12 persons ' for the month
of February 1943 ; all 12 names are the navies of persons on the Company 's' pay roll of
March 19, 1943 , which contains the' names of 12 persons, in the , unit sought by the
Pressmen.
FLORIDA PUBLISHING COMPANY 231
IV. THE APPROPRIATE UNITS
The I. T. U. seeks a. single unit of printers and mailers, excluding
janitors. The sole argument advanced for the establishment of
printers and mailers in a single unit is the fact that both groups are
admitted to membership in the I. T. U. The Company agrees to the
exclusion of the janitors, but argues,,-that the printers and mailers
should be separate" units.
The printers are employed in the composing room which is in a
different part of the building from the room in which the mailers
are located. The two groups are not only under separate supervision,
but their wages and hours and other conditions of 'employment are
dissimilar. Under these circumstances, we are of the opinion that
the printers and mailers constitute appropriate separate units'.
' The Pressmen, and the Company agree that all journeymen printing
pressmen, excluding janitors, constitute an appropriate unit.
Although the parties developed no evidence with respect to the
duties of supervisory employees, we find that supervisory employees
having the authority to hire and discharge employees should'.be
excluded.
Accordingly, we find that each of the following groups constitutes
a separate unit and that each is appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act:
(1) all printers of the Company,, excluding janitors and supervisory
employees with the authority to hire and discharge; ( 2) all mailers
of the Company, excluding janitors and supervisory employees with
the authority to hire and discharge; and (3) all journeymen printing
pressmen of the Company, excluding janitors and supervisory em-
ployees with, the authority to hire • and, discharge.
V. THE DETERMINATION OF REPRESENTATIVES
In accordance with an agreement of the parties, we find that casual
or temporary employees are ineligible to vote. The, I. T. U. and
the Company agree that, the pay roll of March 19,' 1943, should be
used to determine the eligibility of the printers and mailers to vote;
the Pressmen and the Company agree that the pay roll immediately
preceding the date of the hearing should .be used to determine the
eligibility of the pressmen to vote. We see no reason for' departing
from our customary practice of using a current pay roll. Hence; we
shall direct that the questions concerning representation which have
arisen he resolved by separate elections among the employees in the
appropriate units who were employed during the pay-roll period im-
mediately preceding the date of the Direction of Elections herein,
subject to the limitations and additions set forth in the Direction.
232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS
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, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives'for the purposes of collective bargaining with Florida Publish-
ing Company, Jacksonville, Florida, elections 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 Tenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Section 10, of said Rules and Regulations, among those
employees of the Company who fall within the groups described below
and 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 casual or temporary employees and employees who
have since quit or been discharged for cause:
(1) All printers of the Company, excluding janitors and super-
visory employees with the authority to hire and discharge, to deter-
mine whether or not they desire to be represented by International
Typographical Union, for the purposes of collective bargaining;
(2) All mailers of the Company, excluding janitors and supervisory
employees with the authority to hire and discharge, to deter-
mine whether or not they desire to be represented by International
Typographical Union, forrthe;purposes of collective bargaining; and
(3) All journeymen printing pressmen'of the Company, excluding
janitors and supervisory employees with the authority to hire and
discharge, to determine whether or not they desire to be represented
by"International `•Printing 'Pressnieh's &-Assistants' Union #9,7..of
Jacksonville, Florida, for the purposes of collective bargaining.
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