Walla Walla Union-Bulletin, Inc. v. National Labor Relations Board

INTRODUCTION

The Walla Walla Union-Bulletin petitions for review of an order of the National Labor Relations Board, 239 NLRB 24 (1978). The Board cross-petitions for enforcement. The Board found that the Union-Bulletin violated sections 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. §§ 158 (a)(5) and (1), by refusing to bargain with a newly certified union composed of the newspaper’s employees. The Union-Bulletin argued that the Board improperly included managerial and supervisory personnel in the bargaining unit.

We find substantial evidence in the record to support the Board’s conclusion that the photo editor, sports editor, and wire editor are not supervisory personnel. They were properly included in the bargaining unit. We do not find, however, substantial evidence to support the Board’s determination that the editorial editor was properly included in the unit. An examination of the duties and responsibilities of the editorial editor supports only a finding that he is a managerial employee, excludable from the bargaining unit. The Board’s order is enforced in part and denied in part.

FACTS

The Walla Walla Union-Bulletin publishes an evening newspaper. A…