Hearst Publications, Inc.

National Labor Relations Board - Board Decisions

Mar 30, 1942

39 N.L.R.B. 1245 (N.L.R.B. 1942)

In the Matter Of HEARST PUBLICATIONS, INCORPORATED (Los ANGELES
EVENING HERALD & E%PREss DEPARTMENT and Los ANGELES NEws-
BOYS LOCAL INDUSTRIAL UNION No. 75, C. I. O.
In the Matter of THE TIMES-MIRROR COMPANY and Los ANGELES
NEwsBoYs LOCAL INDUSTRIAL UNION No. 75, C. I. O.
Cases Nos. C-2023 and C-2024, respectirvely.Decided March 1942
Jurisdiction : newspaper publishing industry.
Unfair Labor Practices
Collective Bargaining: majority established by certification ; refusal to bargain
collectively.
Board reaffirmed its determination in previous representation proceedings,
in the absence of any other relevant evidence, that newsboys engaged in
street vending of newspapers, within the unit found appropriate by the
Board, are employees within the meaning of Section 2(3) of the Act, and
not independent contractors, as employer contends, and, found that em-
ployer by its refusal to deal with the certified representative violated -
Section 8(5).
Unit Appropriate for Collective Bargaining : all newsboys engaged in the street
sale of newspapers at established spots 4 or more hours a day, 5 or more days
a week, within Los Angeles and Glendale, California, except temporary
newsboys. -
1
Mr. James A. Cobey, for the Board.
Flint & MacKay, by Mr. H. S. MacKay, Jr., Mr. Edward L. Comp-
ton, and Mr. D. W. Hamblin, of Los Angeles, Calif., and Mr. Harvey
J. Kelly, of Harrison, Idaho, for the Herald.
Cosgrove & O'Neil, by Mr. T. B. Cosgrove and Mr. F. B. Yoakunb,
Jr., of Los Angeles, Calif., for the Times.
Mr. Patrick Conwrre, of Los Angeles, Calif., for the Union.
Mr. Eugene R. Thorrens, of-counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges 'duly filed 1 by Los Angeles Newsboys Local Indus-
trial, Union No. 75, C. I. 0., herein called the Union, the National
1 Charges against Hearst Publications, Incorporated (Los Angeles Evening Herald &
Express Department) were filed on August 28, 1941, and against the Times-Marron
Company on September 3, 1941.
39 N L. R B, No. 233.
1245
1246 DECISIONS OF NATIONAL LABOR , RELATIONS BOARD
Labor Relations Board, herein called the Board, by the Regional
Director for the Twenty-first Region (Los Angeles,'California), is-
sued its complaints, dated October 25, 1941, against Hearst Publica-
tions, Incorporated (Los Angeles 'Evening Herald & Express
Department) and the Times-Mirror Company, herein called the re-
spondents, (sometimes called the Herald and the Times, respectively),
alleging that the respondents had engaged in and were engaging in
unfair labor practices affecting commerce, within the meaning of
Section 8 (1) and (5) and Section 2 (6) and (7) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act .2 Copies of the
complaints accompanied by notice of hearing were duly served upon
the respondents and the Union.
Concerning the unfair labor practices, the complaints alleged in
substance: (1) that on or about August 12, 1941, and thereafter, the
Herald and, on or about September 3, 1941, and thereafter, the Times
refused to bargain collectively with the' Union as the exclusive rep-
resentative of their employees within appropriate bargaining units,
although the Union represented a majority of such employees and
(2) that by such refusals the respondents interfered with, restrained,
and coerced their employees in the exercise of the rights guaranteed
in Section 7 of the Act.
On November 4 and November 7, 1941, respectively, the Times and
the Herald filed ' answers, admitting certain allegations of the com-
plaints, but denying the commission of the alleged unfair labor
practices and interposing certain defenses hereinafter set forth.
Pursuant to notice, a hearing was held in Los Angeles, California,
on November 10 and 12, 1941, before W. P. Webb, the Trial Ex-
aminer duly designated by the Chief Trial Examiner. The Board
and the respondents were represented by counsel and* the Union by its
representative. All parties participated in the hearing and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues..
On November 4, 1941, the Times had filed a written motion with
the Regional Director, to dismiss the complaint on the ground that the
Board was without jurisdiction since its operations did not affect
interstate commerce and neither the members of the Union nor other
persons alleged in the complaint as comprising the unit appropriate
for the purposes of collective bargaining were employees of the
Times. A similar motion had been filed with the Regional Director
by the Herald on November 7, 1941. The Regional*Director did not
rule upon the motions, and the respondents renewed them at the hear-
ing. The Trial Examiner denied the motions. At the conclusion
. By order entered on October 23, 1941, the Board, pursuant to Article II, Section 36
(b) of its Rules and Regulations-Series 2, as amended, had consolidated the cases for the
purposes of the proceeding. In our present decision, as well as 'in the Board's decision
in the representation proceeding hereinafter referred to, we have not considered evidence
with respect to one publisher as applicable to any other publisher.
HEIAiRST PUBLICATIONS, IN'C'ORPORATED, 1247
of the hearing, counsel for the Board moved to amend the pleadings
to conform to the proof with respect to formal matters such ' as
names, dates, and minor inaccuracies, and the Trial Examiner
granted the motion. During the course of the hearing the - Trial
Examiner made several rulings on other motions and on objections
to the admission of evidence. The Board has reviewed the rulings
of the Trial Examiner and finds that no prejudicial errors were
committed. The ruling's are hereby affirmed. After the close of
the hearing, the Trial Examiner entered an order, dated November
21, 1941, correcting errors in the transcript of the testimony and
making the corrections a part of the record in accordance- with a
written stipulation entered into between all parties, dated November
21, 1941.
Thereafter the Trial Examiner issued and duly -served upon the
parties his Intermediate Report, dated December 4, 1941, finding
that the respondents had engaged in and were engaging in unfair
labor -practices affecting commerce, within the meaning of -Section
8 (1) and (5) and Section 2 (6) and (7) of the Act, and recom-
mending that the . respondents cease and desist from their unfair
labor practices and, upon request, bargain collectively, with the
Union. , On January 5, 1942, the respondents filed exceptions to the
Intermediate Report and briefs.in support of the exceptions. Pur-
suant to notice duly served on all parties, a hearing for the purpose
of oral argument was held before the Board in Washington, , D. C.,
on January 22, 1942. The respondents were represented by counsel
and participated in the argument. The Union did not appear.
The Board has considered the exceptions to ,the Intermediate Re-
port and the briefs submitted by the parties and, insofar as they
are inconsistent with the findings of fact, conclusions of law, and
order set forth below, finds the exceptions to be without merit.
Upon the entire-record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS'
A. Hearst Publications, Incorporated (Los Angeles Evening Herald
& Express Department)
Hearst Publications, incorporated, is a California corporation
with its principal office and place of business in San Francisco, Cali-
'The facts related in this section are taken from the Board 's, Decision and Direction
of Elections , dated January 9, 1941, in Matter of Stockholders Publishing Company and
Los Angeles Newsboys Local Industrial Union No. 75, C - I. 0., et at, ' 28 N. L. R. B
1000, a representation proceeding , which, as hereinafter set forth, involved the respondents
herein In the present proceeding it was stipulated by all parties that the business of the
respective respondents has continued without substantial change from that conducted by
them at the time of the hearing in the aforementioned representation proceeding.
448105-42-vol. 39-80
1248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fornia. It is' engaged in the publication of various daily and Sunday
newspapers, including the Los Angeles Evening Herald & Express.'
The Herald is an evening paper published daily except Sunday
at its plant in Los Angeles 5 and distributed throughout the State
of California, principally in the metropolitan area of Los Angeles.
Its daily circulation averages 243,022 copies, of which approximately
-37 hundredths of 1 percent or 903 copies are sold and distributed
outside the State of California.
The principal raw materials used in the printing of the Herald
include newsprint, mats, and ink. During the year 1939, all the
newsprint, consisting of 18,915 tons, was obtained from the States
of Washington and Oregon and the Dominion of Canada. During
the same period,' all the mats, numbering 60,700, were obtained from
the State of New York. The ink used, amounting to 664,408 pounds,
was manufactured in the State of California.
The Herald uses the wire reports of the International News Serv-
ices the Associated Press,' the United Press,8 and the Dow-Jones
Financial Service. It uses daily approximately 332,000 words re-
ceived from these services. The Herald supplies local news to at
least one wire service engaged in the interstate transmission of news.
In 1939 the Herald received and published approximately 40 feature
4In addition to the Herald , Hearst Publications , Incorporated , operates five other news-
papers ( Los Angeles Examiner , San Francisco Examiner , San Francisco Call-Bulletin, Oak-
land Post -Enquirer , and Seattle Post-Intelligencer ) and owns stock in the following sub-
sidiaries : ( 1) American Weekly, Inc, a New York corporation which publishes "The Ameri-
can Weekly ," a Sunday magazine and comic section which is a supplement and part of
various Sunday newspapers published in cities throughout the United States; ( 2) Illinois
Publishing and Printing Company, an Illinois corporation , which publishes the "Chicago
Herald-American" ; (3) Pitt Publishing Company, a Pennsylvania corporation, which
publishes the "Pittsburgh Sun-Telegraph " and operates through its subsidiary WCAE,
Incorporated , radio station WCAE; and ( 4) The Times Publishing Company, a Michigan
corporation , which publishes "Detroit Times ." Hearst Publications, Incorporated, is a
wholly owned subsidiary of Hearst Consolidated Publications , Inc, a Delaware corporation,
all of the common stock of which is owned by The Hearst Corporation, a Delaware Cor-
poration , a wholly owned subsidiary of American Newspapers , Inc., a Delaware corporation
Clarence J. Shearn, as voting trustee , holds the legal title to all the common stock of
American Newspapers , Inc., for the benefit of William Randolph Hearst. Hearst Consoli-
dated Publications , Inc., The Hearst Corporation, and American Newspapers,' Inc., have
various subsidiaries engaged in the publishing and other businesses in various parts of the
United States . Cf. Matter of William Randolph Hearst, Hearst Publications , Inc, Hearst
Consolidated Publications , Inc, Hearst Corporation , American Newspapers , Inc, and King
Features Syndicate, Inc, and American Newspaper Guild, Seattle Chapter, 2 N. L. R. R.
530, endf ' d as mod , National Labor Relations Board v. Hearst, 102 F ( 2d) 658 ( C. C. A 9).
s This plant is exclusively devoted to the publication and distribution of the Herald
and is operated independently of other papers published by Hearst Publications,
Incorporated.
"For a description of the business of International News Service , see Matter of William
Randolph Hearst, et al. and American Newspaper Guild, Seattle Chapter, 2 N. L. R. B. 530
enf'd as mod., National Labor Relations Board v. Hearst , 102 F. ( 2d) 658 (C. C. A. 9). ,
7 For a description of the Nation-wide business of the Associated Press, see Matter
of The Associated Press and American Newspaper Guild, 1 N. L. R . B. 788, enf 'd, National
Labor Relations Board v. Associated Press , 85 F. (2d) 56 (C. C. A. 2), 301 U. S. 103.
8 For a description of the business of the United Press, see Matter of United Press
Association and American Newspaper Guild, 3 N. L. R B. 344.
HEAiRST PUBLICATIONS, * INCORPORATED 1249
services, the material for many of which was prepared and originated
in States other than the State of California.
During the year 1939, an average of 39 percent of the space in-
the Herald was devoted to" advertising. Of this advertising space,
84 percent contained advertising originating in the State of Cali-
fornia while the remainder, 16 percent, contained advertising origi-
nating outside the State of California.
B. The Times-Mirror Company
The Times-Mirror Company, a California corporation having its
principal place of business in Los Angeles, California, is engaged in
the publication, distribution, and sale of The Los Angeles Times,
.a morning-newspaper published daily, including Sunday, at its plant
in Los Angeles. During the year 1939 the Times had an average
daily circulation of 220,266 copies and a Sunday circulation of
367,814 copies. It is distributed throughout the State of California,
principally in the metropolitan area of Los Angeles. Of the average
daily circulation, approximately 1.7 percent or 3,935 copies were
sold during the year 1939 outside the State of California. Of the
Sunday edition, approximately 2.5 percent or 9,197 copies were sold
during the same period outside the State of California.
The principal raw materials used in printing the Times include
newsprint, mats, and ink. During the year, 1939, all the newsprint,
having a value of $2,086,870.12, was purchased outside the State of
California. During the same period, all the mats, having a value
of $6,909.00, were purchased outside the State of California. The
ink used, having a value of $99,476.85, was purchased in the State
of California.
The Times uses the wire reports of the Associated Press, the United
Press, and Dow-Jones Financial News Service. In addition, it re-
ceives wire service from the Chicago Tribune and the New York News,
and obtains photographs from Wide World Photos and the Asso-
ciated Press. In 1939, The Times received from national syndicates
and published at least 10 feature services, among the more prominent
being Walter Lippman, Westbrook Pegler, and American Institute
of Public Opinion (Gallup Poll).
During the year 1939, an average of 39.9 percent of the space in
the Times was devoted to advertising. Of this advertising space, 14.1
percent contained national advertising.
II. THE ORGANIZATION INVOLVED
Los Angeles Newsboys Local Industrial Union No. 75, C. I. O.,
is a labor organization chartered by the Congress of Industrial Organ-
izations, admitting to membership employees of the respondents.
1250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE UNFAIR LABOR PRACTICES
A. The refusal to bargain collectively
1. The appropriate units
The complaints allege that the following units are -appropriate
for the purposes of collective bargaining: (a) full-time newsboys and
checkmen who are engaged to sell the Herald within Los Angeles,
California, excluding bootjackers, temporary, casual, and part-time
newsboys and (b) all newsboys engaged in the street sale of the
Times at established spots 4 or more hours a day, 5 or more days a
week, within Los Angeles and Glendale, California, except temporary
newsboys. The respondents contend that such units are inappro-•
priate because newsboys, having interests similar to those sought to
be included in the units, are excluded. We considered that contention
in the Board's Decision and Direction of Elections, dated January 9,
1941, and found it to be without therit.° The respondents introduced
no new evidence bearing upon the appropriate units in the present
proceeding.
We now- find, in accordance with our previous determination as
to the appropriate units,"' as did the Trial Examiner, that (a) full-
time newsboys and checkmen who are engaged to sell the Herald
within Los Angeles; California, excluding- bootjackers, temporary,
casual, .and parttime newboys and (b) all newsboys engaged in the
street sale of the Times at established spots 4 or more hours a day,
5 or more days a week, within Los Angeles and Glendale, California,
except temporary newsboys, constitute units appropriate for the
purposes of collective bargaining with respect to rates of pay, wages,
hours of employment, and other conditions of employment. We
further find that the aforesaid employees, at all times material herein
constituted and now constitute units appropriate for the purposes of
collective bargaining and that such units insure to employees of the
respective respondents the full benefit of their right to self-organiza-
tion and to collective bargaining and otherwise effectuate the policies
of the Act.
2. Representation by the Union of a majority in the appropriate units
Pursuant to the Board's Decision and Direction of Elections, dated
January 9, 1941,11 separate elections by secret ballot were conducted
0 Matter of Stockholders Publishing Company, Inc ., et al. and Los Angeles Local In-
dustrial Union No 75 C I 0., 28 N. L. R. B. 1006.
10 28 N. L. R. B. 1006
1128 N. L. R. B. 1006.
HEARST PUBLICATIONS, INCORPORATED' 1251
under the direction and supervision of the Regional Director for the
Twenty-first Region (Los Angeles, California) on May 14,1941, among
newsboys of the Herald and on May 15, 1941, among newsboys of the
Times. As a result of the elections, the Board issued its Supplemental
Decision and Certification of Representatives, dated July 30, 1941,12
certifying that the Union had been designated and selected by a major-
ity of all employees within the aforesaid appropriate units, and that
pursuant to the provisions of Section 9 (a) of the Act, the Union was
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. No evidence was
introduced in the present proceeding to rebut the presumption arising
from the certification that the Union is still such representative.
We find, as did the Trial Examiner, that on and at all times after
July 30, 1941, with respect to the Herald and the Times, the Union
was the duly designated bargaining representative of a majority of
the employees in each of the aforesaid appropriate units, and that pur-
suant to the provisions of Section 9 (a) of the Act, the Union was at
all such times and is now the exclusive representative of all employees
in each of the aforesaid units for the purposes of collective bargain-
ing with respect to rates of pay, wages, hours of employment, and
other conditions of employment.
3. The refusal to bargain
The complaints allege, and the respondents admit in their respec-
tive'answers, that on or about August 12, 1941; and thereafter, with,
respect to the Herald, and on or about September 3, 1941, and there-
after, with respect to the Times, the respondents refused to bargain
collectively with the Union. The answers, however, assert that such
refusals to bargain were based upon "advice of competent counsel and
in the bona fide belief" that the Board had no jurisdiction over the
respondents with respect to their relationship with the newsboys since
they were independent contractors and not employees., The respond-
ents denied in their answers that they were engaged in commerce within
the meaning of the Act.
In its Decision and Direction of Elections, dated January 9, 1941,13
based upon the record of the representation hearing held at Los
Angeles, California, from June 10 to 27, 1940, the Board held -that the
respondents were engaged in commerce within the meaning of Section
2 (6) and (7) of the Act, and that the newsboys of the respondents
within the aforesaid appropriate units were 'employees within the
12 33N.L R.B 941.
ss 28 N. L. R. B. 1006.
1252 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
meaning of Section 2 (3) of the Act.14 The respondents did not call
any witnesses or introduce any other relevant documentary evidence
at the present hearing." We have reexamined the evidence intro-
duced at the representation hearing. Since we see no reason to depart
from our prior determination, we hold that the newsboys are employees
within the meaning of Section 2 (3) of the Act.
We find, as did the Trial Examiner, that the respondent Herald
on August 12, 1941, and at all times thereafter and that the respond-
ent Times on September 3, 1941, and at all times thereafter, has each
refused to bargain collectively with the Union as the exclusive rep-
resentative of its employees in appropriate units and has thereby
interfered with, restrained, and coerced its employees in the exercise
of the rights guaranteed in Section 7 of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of each of the respondents, set forth in Section III
above, occurring in connection with the operations of each of the
respondents described in Section I above, have a close, intimate, -and
substantial relation to trade, traffic, and commerce among the several
States and tend -to lead to labor 'disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE REMEDY
Since we have found that the respondents have engaged in unfair
labor practices, we will order that they cease and desist therefrom
and take certain affirmative action designed to effectuate the policies
of the Act.
We have found that the respondents have refused to bargain col-
lectively with the Union as the representative of a majority of the
employees in appropriate units. We will therefore order that the
respondents, upon request, bargain collectively with the Union.
Upon the basis of the above findings of fact and upon the entire
record in the cases, the Board makes the following:
14 During the hearing on the complaints , the Herald stipulated that "if all witnesses
called by the Union, the Board , or the respondent at the hearing at Los Angeles, California,
from June 10, 1940 , to June 27 , 1940, were called to testify in this proceeding at this time
their testimony would be substantially the same as the testimony given at said hearing of
June 10th to June 27th, 1940 ; . . ; and, the Times stipulated that "the methods
employed in street distribution and sale of the Los Angeles Times are substantially the
same at present as they were at the time of the aforesaid hearing . . ." (June 10 to 27,
1940).
75 The respondents offered in evidence , and the Trial Examiner rejected , transcripts of
testimony in workmen's compensation proceedings , involving news vendors and publishers,
and the findings of the Industrial Accident Commission of California in such proceedings
We hereby affirm the Trial Examiner 's ruling. -
(
HE'AtRST PUBLICATIONS, INCORPORATED 1253
CONCLusIONS OF LAW
1. Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0.,
is a labor organization within the meaning of Section 2 (5)' of the
Act.
2. The following employees of Hearst Publications, Incorporated
(Los Angeles Evening Herald & Express Department) of Los
Angeles, California, at all times material herein, constituted and now,
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the National Labor Rela-
tions Act : all fulltime newsboys and checkmen who are engaged to
sell the Herald within Los Angeles, California, excluding bootjackers,
temporary, casual, and part-time newsboys.
3. The following employees of The Times Mirror Company of Los
Angeles, California, at all times material herein, constituted and now
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the National Labor Rela-
tions Act: all newsboys engaged in'the street sale of the Times at
established spots 4 or more hours a day, 5 or more days a week, within
Los Angeles and Glendale, California, except temporary newsboys.
4. Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0.,
has been at all times material herein and still is the exclusive repre-
sentative of all employees in each of the aforesaid units for the pur-
poses of collective bargaining within the meaning of Section 9 (a)
of the Act.
5. By refusing to bargain collectively with Los Angeles Newsboys
Local Industrial Union No. 75, C. I. 0., as the exclusive representa-
tive of all its employees in an appropriate unit, each of the respond-
ents has engaged -in and is engaging in unfair labor practices, within
the meaning of Section 8 (5) of the Act.
6. By interfering with, restraining, and coercing their employees
in the exercise of the rights guaranteed in Section 7 of the Act, the
respondents have engaged in and are engaging in unfair labor prac-
tices within the meaning of Section 8 (1) of the Act.
7. The aforesaid unfair labor practices are unfair labor practices
affecting commerce, within the meaning of Section 2 (6) and (7)
of the Act.
ORDER
Upon the basis of the above findings of fact and conclusions of
law, and upon the entire record in the case; and pursuant to Section
10 (c) of • the National Labor Relations Act, the National Labor
Relations Board hereby orders that the respondent, Hearst Publica-
tions, Incorporated (Los Angeles Evening Herald & Express De-
partment), and its officers agents, successors, and assigns, shall:
1254 DECISIONS, OF NATIONAL LABOR- RELATIONS BOARD
1. Cease and desist from :
(a) Refusing to bargain collectively with Los Angeles Newsboys
Local Industrial Union No. 75, C. I. 0., as the exclusive bargaining
representative of its employees who are full-time newsboys and
checkmen engaged to sell the Herald within Los Angeles, California,
excluding bootjackers, temporary, casual, and part-time newsboys.
(b) Engaging in any like or related acts or conduct interfering
with, restraining, or coercing its employees in the exercise of the
right'to self-organization, to form, join or assist labor organizations,
to bargain collectively through representatives of their own choosing,
and to engage in concerted- activities for the purpose of collective
bargaining or other mutual aid or protection, as guaranteed- in Sec-
tion 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Upon request bargain collectively with Los Angeles Newsboys
Local Industrial Union No. 75, C. I. 0., as the exclusive representative
of its employees who are full-time newsboys and checkmen engaged
to sell the Herald within Los Angeles, California, excluding boot-
jackers, temporary, casual, and part-time newsboys;
(b) Post notices immediately in conspicuous places in its plant and
offices at Los Angeles, California, and maintain such notices for a
period of at least sixty (60) consecutive days from the date of posting,
stating (1) that the respondent will not engage in the conduct from
which it is ordered to cease and desist in paragraphs 1 (a) and (b)
of this Order and (2) that the respondent will take the affirmative
action set forth in paragraph 2 (a) of this Order;
(c) Notify the Regional Director for the Twenty-first Region in
writing, within ten (10) days from the date of this Order, what steps
the respondent has taken to comply herewith.
Upon the basis of the above findings of fact and conclusions of law,
and upon the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that the respondent, The Times-Mirror Company,
and its officers, agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Refusing to bargain collectively with Los Angeles Newsboys
Local Industrial Union No. 75, C. I., 0., as the exclusive bargaining
representative of its employees who are newsboys engaged in the street
sale of the Times at established spots 4 or more hours a day, 5 or more
days a week, within Los Angeles and Glendale, California, except
temporary newsboys;
(b) Engaging in any like or related acts or conduct interfering
with, restraining, or coercing its employees in the exercise of the right
to self organization , to form, join or ' assist labor organizations, to
f
HEARST PUBLICATIONS, INCORPORATED 1255
bargain collectively through representatives of their own choosing,
and to engage in concerted activities, for the purpose of collective
bargaining or other mutual aid or protection, as guaranteed in Section
7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act:
(a) Upon request bargain collectively with Los Angeles Newsboys
Local Industrial Union No. 75, C. I. 0., as the exclusive representative
of its employees who are newsboys engaged in the street sale of the
Times at established spots 4 or more hours a day, 5 or more days a
week, within Los Angeles and Glendale, California, except temporary
newsboys, with respect to rates of pay, wages, hours of employment,
and other conditions of employment;
(b) Post notices immediately in conspicuous places in its plant and
offices at Los Angeles, California, and maintain such notices for a
period of at least sixty (60) consecutive days from the date of posting,
stating (1) that the respondent will not engage in the conduct from
which it is ordered to cease and desist in paragraphs 1 (a) and `(b)
of this Order and (2) that the respondent will take the affirmative,
action set forth in paragraph 2 (a) of, this Order;
(c) Notify the Regional Director for the Twenty-first Region in
writing, within ten (10) days from the date of this Order, what steps
the respondent has taken to comply herewith.