Seattle Times Co.

National Labor Relations Board - Board Decisions

Jan 12, 1943

46 N.L.R.B. 1019 (N.L.R.B. 1943)

In the Matter• of SEATTLE TIMES COMPANY and SEATTLE ^ NEWSPAPER
GUILD, LOCAL 82, AMERICAN NEWSPAPER. GUILD
Case No. R-41669.-Decided January 12, 194411
Jurisdiction : newspaper publishing industry.
Investigation and Certification of Representatives : existence of question :
refusal to bargain ; dispute as to appropriate unit; regular part-time employees
under the circumstances held eligible to vote; election necessary.
Unit Appropriate for Collective Bargaining : all employees in the editorial
department, with specified inclusions and exclusions.
Todd, Holman, Sprague cC Allen, by Mr. Lucien F. Marion, of
Seattle, Wash., for the Company.
Mr. Edward E. Henry,-,of Seattle, Wash., for-the Union.
Mr. Louis Cbkin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Seattle Newspaper Guild, Local 82,
American Newspaper Guild, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Seattle Times Company, Seattle, Washington, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Louis S. Penfield,
Trial Examiner. - Said' hearing was held at Seattle, Washington, on
December 11, 1942. The Company and the Union appeared, partici-
pated, and were' afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence, bearing on
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. '
On December 18, 1942, the Company filed a brief, which the Board
has considered.
Upon the entire record in the case, the Board makes the following :
46 N. L. R. B., 'No. 113.
•1019
1020 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS ,,OF THE COMPANY
Seattle Times Company is a Delaware corporation with its principal
place of business at Seattle, Washington, where it is engaged in the
publishing of a daily paper known as "The Seattle Daily Times" and
a Sunday paper known as "The Seattle Sunday Times." During
1941 the Company purchased newsprint and ink valued at about
$683,000, approximately 94 percent of which was shipped to it from
points outside the State of Washington. During the same period
the average daily net circulation of The Seattle Daily Times was
117,510 copies and the average net circulation of The Seattle Sunday
Time's was 147,842 copies. ' Approximately 3 percent of the issues of
The Seattle Sunday Times and approximately 1 percent of the issues
of The Seattle Daily Times were, circulated at points outside the State
of Washington. The Company is a member of Associated Press and
receives news and photographs from it, approximately 97 percent of
which originates outside the State of Washington.: During 1941
the Company purchased, news and other intelligence from United
Press, and purchased photographs from Acme News Pictures, Inc.,
New York City, valued at about $31,765, about 97 percent *of which was
transmitted to -the Company from points outside the State of
Washington.
II. THE ORGANIZATION INVOLVED
Seattle Newspaper Guild, Local 82, American Newspaper- Guild, is
a labor organization affiliated with the Congress of Industrial Organi-
zations , admitting to membership ^employees of the Company. - ,
III. THE QUESTION CONCERNING REPRESENTATION
During August 1942 the Union requested the Company to recognize
it as the exclusive representative of certain of the Company's employees.
However, the Company and the Union were unable, to agree as to
what employees constitute an appropriate unit.
A statement of an agent of the Board, introduced into, evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter ;found to be appropriate?
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and.Section 2 (6) and (7) of the National Labor
Relations, Act.
1 The agent reported that the Union presented 39 authorization cards bearing apparently
genuine signatures of persons whose names appear on the Company 's pay roll of November
9, 1942. There are approximately 77 employees in the appropriate unit.
SEATTLE TIMES COMPANY
IV. THE APPROPRIATE UNIT
1021
The Union contends that all employees in the editorial department
of the Company, excluding executives, confidential secretaries to execu-
tives, managing editor, editor-in-chief, associate editors, news editor,
society editor, city editor, and sports editor, but including the feature
editor and drama editor,, constitute an appropriate unit. The only
controversy with respect to the unit concerns the assistant news edi-
tor, assistant city editors, head of copy desk, head of art department,
"rabbit", editor, and head make-up editor. The Union would include
all such employees in the unit, and the Company would exclude them.
Assistant news editor.-The assistant news editor assists the news
editor, who is excluded from the unit by agreement of the parties, in
assigning the news and during the news editor's absence acts in his
capacity. The assistant news editor has complete supervision of the
last two editions of the paper printed daily, and is in complete charge
of the paper on Saturday nights. While so acting, the assistant news
editor has the authority to recommend the hire and discharge of sub-
ordinate employees. We shall exclude the assistant news editor from
the unit.
Head of copy desk.-This employee receives copy from the press
wires and from the city editor and assigns it to the various desk men
working under him. 'He has the authority to recommend the hire
or discharge of regular employees and hires temporary employees. He
has complete discretion in making assignments and has the authority
to reject the work performed by his 10 subordinates. In addition to
his regular duties, he acts as news editor on Saturday of each week.
We shall exclude the head of copy desk from the unit.
Head of art department.-This employee has six persons working
under him, and he has the authority to recommend the hire or discharge
of such persons. He assigns the work to his various subordinates and
has considerable discretion with respect to the work being performed
in the art department. We shall exclude the head of art department
from the unit.
Assistant city editors.-Such persons work directly under the su-
pervision of the city editor. However, such employees do not have
the authority to hire or discharge, although they do assign work to
various reporters. We shall include the assistant city editors in the
unit.
"Rabbit" editor.-This employee is charged with getting out a pre-
dated edition of the Sunday paper. The "rabbit" editor has but one
employee working with him, and his assistant also works in other de-
partments. The record does not indicate that he has any authority
to recommend, the hire or discharge of employees. We shall, include
the "rabbit" editor in the unit.
f
1022 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Head make-up editor.-Although this employee is a part of the edi-
torial department he works in the composing room. He is assisted at
various times by employees who also work in other departments. The
record does not indicate the extent of his supervisory powers, if any.
We shall include the head make-up editor in the unit.
We find that all employees in the editorial department of the Com-
pany, including the assistant city editors, "rabbit" editor, head of
make=up ,department, feature editor, and drama editor, but excluding
executives, confidential secretaries to executives, news editor, society
editor, city editor, sports editor, assistant news editor, head of copy
desk, head of art department, managing editor, editor-in-chief, and
associate editors, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
'We shall direct that the question concerning representation be re-
solved by means of an election by secret ballot among the employees
within the appropriate unit who were employed during the pay-roll
period immediately preceding the'date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
Some controversy arose at the hearing with respect to the eligibility
of part-time employees to vote in the election. The Union contends
that such employees should be eligible to vote, and the Company con-
tends that they should be deemed imieligible. The part-time employees "
are high-school or college students and work from 3 to 4 hours daily
and about 8 hours on Saturday of each week. Although the present
rate of turn-over is high among such employees, they are carried on the
Company's regular.pay roll and are employed for definite duties and for
a definite number of hours. Under these circumstances, we find that
regular part-time employees should be eligible to vote in the election.
The Union requests that it appear on the, ballot' as ""Seattle News-
paper Guild, Local 82." The request is hereby granted.
DIRECTION OF ELECTION
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 9, of National Labor Rela-,
tions 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 Seattle Times Com-
pany, Seattle, Washington, an election by secret ballot shall be con-
ducted as early as possible, but not'later than thirty (30) days from
SEATTLE TIME'S COMPANY
._
--r023
the date of this Direction, under the direction and supervision of the
Regional Director for the Nineteenth Region, acting in this matter
as agent for the Natonal Labor Relations Board, and subject to Ar=
ticle III, Section 10, of said Rules and Regulations, among the em-
ployees 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 regular part-time employees and employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid'off,'arid including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding any who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by Seattle- Newspaper Guild, Local 82, for the purposes of collective
bargaining.
CHAIRMAN Mnias took no part in the consideration of the above
Decision and, Direction of Election.