The Kansas City Star Co.

National Labor Relations Board - Board Decisions

Jun 28, 1944

56 N.L.R.B. 1746 (N.L.R.B. 1944)

In the Matter of THE KANSAS CITY STAR COMPANY and DEPARTMENT
STORE, PACKAGE , GROCERY, PAPER HOUSE, LIQUOR & MEAT DRIVERS,
HELPERS & WAREHOUSEMEN , LOCAL UNION No. 955, A. F. OF L.
Case 1Vo.17-R-890.-Decided June 28 1944
Mr. Carl E. Enggas , of Kansas City, Mo., for the Company.
Mr. John J. Manning ; of Kansas City, Mo., for the Union.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Department Store, Package, Grocery,
Paper House , Liquor,& Meat Drivers, Helpers & Warehousemen, Lo-
cal Union No. 955, A. F. of L., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Kansas City Star Company , Kansas City, Mis-
souri, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Robert
S. Fousek, Trial Examiner . Said hearing was held at Kansas City,
Missouri , on May 25, 1944. The Company and the Union appeared,
participated , and were afforded full opportunity to be heard, to ex-
amine 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. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Kansas City Star' Company is a Missouri corporation, with its
principal place of business at Kansas City, Missouri , where it is en-
gaged in the business of publishing morning , evening, and weekly
newspapers. During the 6 -month period preceding May 1944 the
56 N. L . R. B., No. 311.
1746
THE KANSAS , CITY STAR COMPANY 1747
average daily circulation of the newspapers published by the Company
amounted to about 675,000 copies, approximately 35 percent of which
was distributed to points outside the State of Missouri.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Department Store, Package, Grocery,- Paper House, Liquor &
- Meat Drivers, Helpers & Warehousemen, Local Union No. 955, is
a labor organization affiliated with the American Federation of Labor,,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On. April 28, 1944, the Union requested the Company to recognize
it as the exclusive collective bargaining representative of the Com-
pany's truck drivers. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into evi-
dence 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 Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties
that all truck drivers of the Company, excluding all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or, effectively recommend
such action, constitute a unit appropriate for the purposes of collec-
tive 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 means of an election by secret ballot among
the employees in 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.
The Field Examiner reported that the Union submitted 15 application for membership
cards bearing apparently genuine signatures of persons - whose names appear on the May
8, 1944 , pay roll of the Company . There are approximately 30 employees in the appropriate
unit.
1748 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
There is some controversy with respect to the eligibility of Gunard,
Gustafson, Martin Connor, and Gordon Glasglow to vote, in the elec-
tion. Gustafson and Glasglow have worked for the Company as truck
drivers 4 hours each Sunday since 1940. They perform the same type
of work on Sundays as the regularly employed truck drivers. We
find that they have sufficient interest in the conditions of employment
to entitle them to participate in the election. Connor works several
hours on Sunday for the Company and assists the truck drivers and
works on materials incident to the loading of trucks. Since Connor
does not regularly engage in the same type of work as the employees
in the unit, we find that he is ineligible to vote in the election.
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 3, it is hereby
DmEarEn that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with The Kansas
City Star Company, Kansas City, Missouri, 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 super-
vision of the Regional Director for the Seventeenth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, 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 pre-
ceding 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 any who have since quit or been discharged for cause
and who have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented by
Department Store, Package, Grocery, Paper House, Liquor & Meat
Drivers, Helpers & Warehousemen, Local Union No. 955, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining.