Seattle Times Co.

National Labor Relations Board - Board Decisions

Jan 25, 1943

47 N.L.R.B. 8 (N.L.R.B. 1943)

In the Matter Of SEATTLE TIMES COMPANY and NEWSPAPER DRIVERS AND
HELPERS UNION LOCAL No. 763, CHARTERED BY IBTCWH OF A.,
A. F. L.
Case No. R-4668.-Decided January 05,1943
Jurisdiction : newspaper publishing industry.
Investigation and Certification of Representatives : existence of question: stipu-
lation as to; election necessary.
Unit Appropriate for Collective Bargaining : proposed unit covering four groups
of employees in the circulation department modified to include one group of
city district managers and suburban (and county) district managers only; two'
groups not included when present collective bargaining agreements covered
them and no question concerning representation existed ; fourth group not in-
cluded when no substantial showing of representation was made among them.
Todd, Holman, Sprague c6 Allen, by Mr. Lucien F. Marion, of
Seattle, Wash, for the Company.
Mr. Samuel B. Bassett, of Seattle, Wash., for the A. F. L.
Mr. Edward E. Henry and Mr. W. B. Sparks, of Seattle, Wash.,
for the C. I. 0.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Newspaper Drivers and Helpers Union
Local No. 763, chartered by IBTCWH of A., A. F. L., herein called
the A. F. L., 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 in
Seattle, Washington, on December 14 and 15, 1942. The Company,
the A. F. L., and Seattle Newspaper Guild Local 82, American News-
paper Guild, C. I. 0., herein called the C. I. 0., appeared, participated,
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 preju-
47 N. L R B., No 2.
8
SEATTLE TIMES COMPANY 9
dicial error and are hereby affirmed. Subsequent to the hearing the
Company filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following-:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Seattle Times Company, a Delaware corporation, maintains its prin-
cipal office and place of business in Seattle, Washington, where it is
engaged in the business of newspaper publishing and is the owner and
publisher of a daily and a Sunday newspaper known respectively as
"The Seattle Daily Times" and "The Seattle Sunday Times." The
principal raw materials used by the Company in the operation of its
business are newsprint, ink, and rotogravure ink. During the year
1941 the Company purchased and used in its plant newsprint, ink,
and rotogravure ink, having a total value of $683,000, of which ap-
proximately 94 percent was shipped to the plant from points outside
the State of Washington. During the same period, the average daily
net ,paid circulation of "The Seattle Daily Times" was 117,510 copies;
the average net paid circulation of "The Seattle Sunday Times" 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 outside the State of Washington.
The total advertising in "The Seattle Daily Times" and "The Seattle
Sunday Times" for the year 1941 was 911,344 inches, of which approxi-
mately 15 percent was national advertising, including automobile
advertising. The Company collects and furnishes to the Associated
Press news, photographs, and other intelligence. The' Company is
a member of the Associated Press and receives from it-both news and
photographs, of which approximately 97 percent originates outside the
State of Washington, During the'year 1941 the Company purchased
news and other intelligence from the United Press and purchased pho-
tographs from Acme News Pictures, Inc., New York City, in the total
amount of approximately $31,765, of which 97 percent was purchased
and transmitted from points outside the State of Washington. Dur-
ing the same- period, the Company purchased features from syndicates
located in various parts of the United States, among them being the
Associated Press, the Chicago Tribune-New York News Syndicate,
Publishers Syndicate, McNaught Syndicate, and the New York Trib-
une, Inc.
H. THE ORGANIZATIONS INVOLVED
,Newspaper Drivers and Helpers Union Local No. 763 is a labor
organization affiliated with the International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America, and with
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the American Federation of Labor. It admits to membership em-
ployees of the Company.
Seattle Newspaper Guild Local 82 is a labor organization' affiliated
with -the American Newspaper Guild and with the Congress of Indus-
trial Organizations. It admits to membership employees of the-
Company.,
III. THE QUESTION CONCERNING REPRESENTATION
The Company and the A. F. L. stipulated that a question concerning
representation has arisen in that in December 1940 the A. F. L. re-
quested recognition of the Company as the bargaining representative
of certain employees of the circulation department; and that a dis-
pute arose between the Company and the A. F. L. as to the appropriate,
unit in the circulation department.
A statement of an attorney of the Board, introduced in evidence at
the hearing, indicates that each of the labor organizations 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 Group,III employees of the Company within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act. We find further, however, in view 'of the facts
set forth in Section IV, infra, that no question concerning represen-
tation has arisen as to Groups I, II, and IV, of the Company's
employees.
'IV. THE APPROPRIATE UNIT
The A. F. L. contends for a single unit of circulation department
employees consisting of the following four groups of employees:
,Group I-All motor route carriers;,
Group 11-Street circulators, branch men, crew managers, verifiers,
mail subscription salesmen, T. F. subscription salesmen, returns men;
loaders, and helpers; I -
i The Board's Attorney stated that the A. F. L. submitted•to him two A. F. L. contracts with the Com-
pany covering respectively the first and second of four groups of employees which the A. F L contends
comprise a single appropriate unit, and that the A F L submitted authorization cards purportedly signed
by employees in the remaining two groups of employees He stated further that the C. I 9 submitted
authorization cards purportedly signed by employees in one of the groups claimed by the A. F L. The
report on these cards as compared with the November 8, 1942, pay roll of the Company is summarized in the
following table*
Groups of employees
Number
employees
in group
Number
employees
designating
A F L
Number
employees
designating
C I0.
Group III 23 8 7
A City district managers________ ______________-___ (17) (7) (7)
B Country circulation managers_____ ______________ (6) (1) (0)
Group IV----------------------------------------------- 6 0
SEATTLE' TIMES COMPANY 11
Group III-All city district managers and suburban (and country)
district managers, and
Group IV=(1) city home delivery manager
(2) country circulation manager
(3) wholesale manager -
(4) transportation manager
(5) branch manager
(6) motor route manager
(7) night complaint clerk
The. C. I. O. does not oppose a finding by the Board that Groups
I and II, together with the suburban (and country) district managers
in Group III and all but two employees in Group IV, constitute an
appropriate unit. In the case of Group III, however, the C. I. O.
contends, without prejudice to its right at a later time to ask for a,
larger unit, that the city district managers constitute a separate
appropriate unit. _
The position of the Company may be summarized as follows:
(1) It contends that the employees in Group I are,independent con-
tractors and not employees within the meaning of the Act,' and there-
fore should be excluded from any over-all unit;
(2) It contends that the employees in Group II are presently recog-
nized as an appropriate unit;
(3) It has no contention with respect to Group III save to oppose
the contention of the C. I. O. that the city district managers com-
prise a separate bargaining unit;
- (4) It contends that the employees in Group IV, with the possible
exception of the night complaint,clerk, should be excluded from any
over-all unit as supervisory employees.
On December 26, 1940, the A. F. L. and the Company entered into
two contracts, one covering the employees in Group I, and the other
covering the employees im Group II. Both groups of employees have
been under contract continuously since then, the current contracts hav-
ing been entered into on March 27, 1942, for a period ending February
29, 1944; and for yearly periods thereafter in the absence of 30 days'
notice prior ' to, February 29, 1944, or any yearly termination date
thereafter. In view of these contracts, evidencing that the A. F. L.
is presently bargaining collectively with the Company on behalf of
the employees in Groups I and II, we find that no question concerning
representation has arisen respecting the employees in Groups I and II.
We shall, therefore, not combine them in an over-all unit.
We need not discuss whether or not the employees in Group IV are
supervisory employees, since no question concerning representation has
arisen respecting them in view of the absence of any showing of sub-
stantial representation among the employees in Group IV by either of
12' DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
the: labor organizations party to this proceeding. Thus, the remain-
ing unit issue concerns only the employees in Group III.
Group III consists of 17 city district managers, whom the C. I. 0.
contends constitute a separate appropriate unit, and 6 suburban (and
country) district managers. The primary function of the city dis-
trict managers is to supervise the work of home paper carriers in the
city of Seattle. The city district managers generally meet daily at the
plant in the morning to receive instructions, advice, and other infor-
mation. Some of them may work a short time in an office at the plant.
All, of them spend the balance of the day in the district to which they
are assigned; where they instruct, direct and aid carriers, check on
complaints, select new carriers as needed, and contact the parents, of
carriers. Each district has one or more stations to which papers
are regularly delivered by Company or contract trucks to be oppor-
tioned among the carriers. City district managers make the rounds' of
the stations in their district.
There are three suburban and three country district managers who
operate in territories in the State of Washington, but outside the city
of Seattle.2 In their territories they have general supervision over
the distribution and sale of the paper. Thus, they supervise not only
carriers but newsboys ,and to some extent dealers. Their supervision
of suburban carriers is similar to that exercised by city district man-
agers over city carriers. They likewise handle complaints and select
new dealers. Because they are located outside the city of Seattle they
visit the plant less frequently than do city district managers.'
The work which the city and the suburban (and country) district
managers perform is substantially similar although the responsibilities
of the latter are greater in view of the additional duties which they
perform. We find, under all the circumstances of this case, that the
Company's'city district managers and its suburban (and country) dis-
trict' managers constitute a unit appropriate for the,purposes of col-
lective bargaining, within the meaning of Section 9 (b) of the Act. .
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which,
has arisen be resolved by an election by secret ballot among the. em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth,in the
Direction. '
2 The three "suburban district managers operate in small areas immediately adjacent to
the city of Seattle, whereas the three country district managers cover large outlying
sections of the State.
e The, suburban district managers may visit the plant once a day, the country district
managers perhaps,once every 2 or 3 weeks.
SEATTLF1 TIMES COMPANY
DIRECTION OF ELECTION
13
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
DIRECCrED that, as part of the: investigation to ascertain represent-
atives for the purposes of collective bargaining with the Seattle Times
Company, Seattle, Washington, an election 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-Nineteenth 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 the
employees 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 employees who did not work during
said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselvs in person at the polls, but ex-
cluding any who have since quit or been discharged for cause, to
determine whether they desire to be represented by Newspaper Drivers
& Helpers Local 763, A. F. of L., or by Local 82 of the Seattle News-
paper Guild, for the purposes of collective bargaining,4 or by neither.
MR. GERARD D. REILLY, dissenting in part :
For the reasons stated in my dissenting opinions in Matter of
Union Collieries Coal Company, Oakmont, Pennsylvania and Mine
Officials' Union o l America (Ind. ),6 and Matter of Godchaux Sugars,
Inc. and United Sugar Workers, Local Industrial Union No. 1186,
C. I. 0.,' I would find'that the city and the suburban (and country)
district managers do not constitute an appropriate unit for collective
bargaining.
* The names of the unions are set forth here as the A. F. L. and the C I. 0 , respectively,
desired its name to appear on the , ballot. _
5 41 N L. R. B. 961. _
0 44 N . L. R. B. 874.
In the Matter- of SEATTLE TIMES COMPANY and .NEWSPAPER DRIVERS
AND HELPERS UNION LOCAL No. 763, CHARTERED BY IBTCWH OF A.,
A. F. L.
Case No: R-4668-Decided March 1, 1943
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES .
On January 25, 1943, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding 1
Pursuant to the Direction of Election, an election by secret ballot was
conducted on February 8, 1943, under the direction and supervision of
the Regional Director for the Nineteenth Region (Seattle, Washing-
ton).' On February 8,1943, the Regional Director, acting pursuant to,
Article III, Section 10, of National Labor Relations Board Rules and
Regulations=S3ries 2, as amended, issued and duly served upon the
parties a Report on Ordered Election.
'As to the balloting and its results, the Regional'Director reported as
follows :
Approximate number of eligible voters---------------------------- 24
Total ballots cast----------------------------------------------- 24
Total ballots challenged----------------------------------------- 0
Total void ballots----------------------------------------------- 0
Total valid votes counted---------------------------------------- 24
Votes cast for Newspaper Drivers and Helpers Union Local No. 763,
chartered by IBTCWH of A., A. F. L---------------------------- 10
Votes cast for Seattle Newspaper Guild Local 82, American News-
paper Guild, C. I. 0------------------------------------------- '14
Votes cast for neither------------------------------------------- 0
Thereafter, Newspaper Drivers and Helpers Union Local No. 763,
chartered by IBTCWH of A., A. F. L., herein called the A. F. L., filed
objections to the Report on Ordered Elec'tion'., The objections were
as follows : that the A. F. L. believed the Company had instigated a
meeting of 16 of the 24 of its employees eligible to vote, which was held
in the Company's plant on the _day preceding the election to determine
which union should represent them; that at this meeting, C. N. Ander-
son, one of the 16 employees, urged his fellow employees to vote for
47 N. L R. B, No. 2.
47 N. L. R. B, No. 2a.
14
SEATTLE TIMES. COMPANY 15
the A. F. L.;, whereupon many of them, believing Anderson to be
related by marriage to the Company's general manager, voted for
Seattle Newspaper Guild Local 82, American Newspaper 'Guild,
C. 1. 0., herein called the C. I. 0., and that at the close of the meeting,
the-16 employees conducted a "straw.vote" after agreeing in advance
that all would vote for the union winning the "straw vote", and that
many, believing that they were bound by this agreement, in the Board
election cast their ballots for the C. I. 0., which had won the "straw
vote."
On February 17, 1943, the Regional Director issued a Report on
Objections, finding that- such a meeting as described -above was held,
but that it was not called or sponsored by the, Company; that C. N.
Anderson was not related to the Company's general manager, and
no'one was influenced in his vote by such a belief; and that a "straw
vote" was taken but without any agreement that all the employees
would vote next day as the majority did in the "straw vote." The.
Regional Director therefore recommended that the objections be dis-
missed since they raised no substantial or material issues with respect
to the election and the conduct thereof.
The Board's procedure providing for elections by secret ballot to
determine the collective bargaining representative of the employees
in an appropriate unit, is designed to enable employees to express
a free choice on the subject of collective bargaining in a democratic
manner. The taking of a "straw vote" or the holding of a "caucus"
prior to a Board-ordered election, and any agreement purporting to
,require employees to vote in the Board election pursuant to the
results of the "straw vote" or "caucus," have the effect of supersed-
ing the election procedure established by the Board and, thus, the
tendency to restrict employees in the full freedom of choice which
the Board's procedure was designed to secure. The Board cannot
look with favor upon attempts to affect the results of its ordered elec-
tions by such pre-election devices, which are intended to commit the
choice of representatives of all or some employees 'to the will of a
majority or plurality of employees in advance of the procedure estab-
lished by the Board for determining the bargaining representative.
However, in this case it appears that no agreement was made by the
16 employees that all would cast their ballots in the Board-ordered
election as the majority did in the "straw vote," and the election
results show that no such agreement was carried out.2 Accordingly,
the objections are overruled and we shall certify the C. I. O.
2 Only 8 employees who voted in the Board-ordered election had not attended the meeting
of employees or participated in the "straw vote" , yet 10 ballots were cast for the A. F. L.
In the Board -ordered election.
16 DECISIONS OF NATIONAL LABOR RELLATLONISi BOARD
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 g, as amended,
IT I6 HEREBY CERTIFIED that Seattle Newspaper Guild Local 82,
American Newspaper Guild, C. I. 0., has been designated and selected
by a majority of the city district managers and suburban (and coun-
try) district managers of Seattle Times Company, Seattle, Washing-
ton, as their representative for the purposes of collective bargaining,
and that, pursuant to Section 9 (a) of the Act, Seattle Newspaper
Guild Local 82, American Newspaper Guild, C. I. 0., 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 conditions of employment.