Monmouth County Publishing Co., Inc.

National Labor Relations Board - Board Decisions

Jul 29, 1938

8 N.L.R.B. 677 (N.L.R.B. 1938)

In the Matter of MONMOUTH COUNTY PUBLISHING Co., INC. and
AMERICAN NEWSPAPER GUILD
Case No. C-698.-Decided July 29,1938
Newspaper Publishing Industry-Settlement: agreement to comply with Acl --
,Order: entered on stipulation.
Mr. Christopher Th. Hoey, for the Board,
Mr. Thomas P. McKenna , of Long Branch, N. J., for the respondent.
Isserman , Isserman dl Kapelsohn , by Mr. Morris Isserman, of New-
ark, N . J., for the Guild.
Mr. Joseph B. Robison , of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by American Newspaper Guild, herein
-called the Guild, by Morris Watson, its vice president ,. the National
Labor - Relations Board, herein called, the Board ,'by the Regional Di-
rector for the Second,Region ( New York City ), issued its complaint
dated April 8, 1838, ,against Monmouth County Publishing Co., Inc.,
Long Branch, ,New Jersey, herein-called the respondent, alleging that
the respondent had engaged in and was engaging in unfair labor prac-
tices within the meaning -of Section 8 (1) and (3 ) and Section 2 (6)
und' (7) of the National Labor Relations Act, 49 Stat. 449, herein
• called the Act . Copies of the complaint and notice of hearing were
duly' served upon the respondent and the Guild.
The respondent filed- an answer dated April 14, 1938, in which it
denied each of the allegations of the complaint , and alleged certain
additional facts concerning its operations . It also filed a demand for
a bill of = particulars concerning certain of the facts alleged in the
-complaint.
Prior to the commencement of the hearing , which, pursuant to
amended notices of hearing served on all the parties , had been post-
poned to June 14, 1938, the respondent , the Guild, and representatives
• of the Board entered into a stipulation , settling the case, which is set
SN.L R B,No 71.
677
678 NATIONAL LABOR RELATIONS BOARD
out in full in Section II below. On June 17, 1938, the Board issued
an order approving the above stipulation and making it a part of the
record in this proceeding and ordering further, in accordance with
Article II, Section 37, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, that the proceedings be transferred
to and continued before it. Thereafter the Board was informed by the
Regional Director that the respondent had performed those affirma-
tive acts to which it agreed in the stipulation.
Upon the basis of the stipulation and the entire record in the case
the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent is engaged in the business of publishing and circu-
lating a daily newspaper and in job printing in Long Branch, New
Jersey. The principal raw materials used by the respondent are news-
print and ink, of which approximately 90 per cent is shipped to the
respondent's plant from outside the State of New Jersey. Approxi-
mately 50 per cent of the news carried in the columns of the respond-
ent's newspaper is obtained from sources outside the State of New
Jersey. There is a constant flow of interstate news edited'in Newark,
New Jersey, into the respondent's editorial rooms. The mechanical
equipment of the respondent's plant and the machinery replacements
used in the plant are considered as raw materials, and approximately
75 per cent are shipped from outside the State of New Jersey. Ap-
proximately 35 per cent of the advertising carried by the respondent's
newspaper in its columns is national advertising shipped to the re-
spondent from outside the State of New Jersey, and advertising' prod-
ucts manufactured outside the State of New Jersey. The respondent's
advertising representative is Pruden; King & Pruden, Inc., whose offi-
ces are located in New York, Colorado' Illinois, and, California. The
respondent's newspaper carries in its columns daily comic strips, pho-
tos, cartoons, editorials, and other syndicated features obtained from;
outside the State of New Jersey, which features constitute 121/2 per
cent of the total make-up of the paper.
The respondent's president is a member of the Associated Press, a
national and international news-gathering agency. As a member of
the Associated Press, lie receives Associated Press news from the New-
ark office of that agency, over a direct wire located in the respondent's
plant, which transmits the news to teletype printers installed in the
editorial office of the respondent. As a member of the Associated
Press, Edwin D. DeWitt, the respondent's president, is responsible to.
the Associated Press for local news coverage wired to Newark, New
DECISIONS AND 'ORDERS 679
Jersey. The Associated Press is entitled to the exclusive use of the
local news published in the columns of the respondent. DeWitt is
obliged to transmit much of the local news to the Associated Press
for distribution over its wire service system to newspapers outside of
the State of New Jersey. DeWitt is an integral part of the Associated
Press system and all of the editorial employees are engaged, from time
to time, in giving service to the Associated Press system.
The daily circulation of the respondent's paper is approximately
10,987 of which approximately 51 copies are shipped outside the State
of New. Jersey.
The aforesaid operations of the respondent constitute trade, traffic,
and commerce between the several States of the United States.
II. THE BASIS OF THE SETTLEMENT
The above-mentioned stipulation provides as follows:
In settlement of this case, Monmouth County Publishing Co.,
Inc., the American Newspaper Guild, and the National Labor Re-
lations Board, Second Region, through its Regional Director,
agree as follows :
1. The correct corporate title of the respondent is Monmouth
County Publishing Co., Inc.
2. Monmouth County Publishing Co., Inc. at 192 Broadway,
Long Branch, New Jersey, conducts its newspaper publishing and
job printing business.
3. Without in any way admitting the allegations in the Com-
plaint, Monmouth County Publishing Co., Inc. shall cease and
desist :
a. From interfering, restraining, or coercing its employees in
the exercise of their right to self-organization, to form and
join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and. to en-
gage in concerted activities for the purposes of collective
bargaining or other mutual aid or protection;
b. From discouraging membership in the American News-
paper Guild or any other labor organization by discrimina-
tion in regard to hire or tenure of employment or any term
or condition of employment.
4. Monmouth County Publishing Co., Inc. will take the fol-
lowing affirmative action in order to effectuate the policies of the
National Labor Relations Act:
a. Offer to Harry Carlin immediate and full reinstatement to
his former position, without prejudice to his- seniority or
other rights and privileges previously enjoyed but at the
presently existing wage rate;
680 NATIONAL LABOR RELATIONS BOARD
b: For the, purpose of making, whole the persons, named in
paragraph 3 of the Complaint, and each of them for, any
losses of pay they have suffered by reason of their discharge,
and for the purpose of making whole the following three
employees : , , ,
George M. Fannin, Jr.
Harry Carlini ,
George McMillan-
Pay to the Regional Director of the Second Region for
distribution to said three employees, the sum of $1,000:
This payment to be' made'by Monmouth Publishing Co.,
Inc. is in full settlement of all claims for back pay against
Monmouth Publishing Co., Inc. and, Edwin D. DeWitt by
all employees named in the Complaint.
c. Post notices in conspicuous places throughout its plant at
.192 Broadway;, Long Branch, New Jersey, stating:
(1) That the respondent will not interfere as provided
above;,
(2) That such notices will remain posted for a period of
at least 30 days from the date of posting.
5. An order based on the terms of this: agreement may be made
by the National Labor Relations Board.
6. Monmouth County, Publishing Co., , 'Inc. for, the purpose of
this settlement consents to the' jurisdiction of the National Labor
Relations Board;, and only for the purpose of this settlement
concedes that it is engaged in interstate commerce within the
meaning of the National Labor Relations Act.
7. Monmouth County Publishing Co., Inc. states the following
facts with respect to,the nature of its business:.
It is engaged in the business of publishing and circulating a
daily newspaper and job printing in,the,City of Long Branch,
New Jersey ;
The principal raw materials used by the respondent are news-
print and ink, of which approximately 90 percent are shipped to
respondent's plant from outside the State, of New Jersey;
Approximately 50 percent of the news carried in the columns
of the respondent's newspaper is, obtained from sources outside
the State of New Jersey;
There is a constant flow of interstate news edited in Newark,
New Jersey, into the editorial rooms of the respondent's company;
The mechanical equipment of respondent's plant and the ma-
chinery replacements used in the plant are considered as raw
DECISIONS AND .ORDERS 681
materials of the company and approximately 75 percent are
shipped from outside the State of New Jersey;
Approximately 35 percent of the advertising carried by re-
spondent's newspaper in its columns is national advertising,
shipped to respondent from outside the State of New Jersey, and
advertising products manufactured outside the State of New
Jersey ;
Respondent's advertising representative is Pruden, King &
Pruden, Inc., whose offices are located in New York, Colorado,
Illinois; and California;,
Respondent's newspaper carries in its columns daily comic
strips, photos, cartoons, editorials, and other syndicated features
obtained from outside the State. of New Jersey, which features
constitute 121/2 percent of the total make-up of the paper;
The President of the respondent company is a member of the
Associated Press-a national and international news gathering
agency. As a member of the Associated Press, lie receives Asso-
ciated Press news from their Newark office over a direct wire lo-
cated in the respondent's plant which transmits the news to tele-
type printers installed in the editorial office of the respondent;
Asa member of the Associated Press, Mr. Edwin D. DeWitt,
President of the respondent company, is responsible to the Asso-
ciated Press for local news coverage wired to Newark, New Jersey.
The Associated Press is entitled to the exclusive use of the local
news published in the columns of the respondent. Mr. Edwin D.
DeWitt, President of respondent company, is obliged to transmit
much of the local news to the Associated Press for distribution
over its wire service system to newspapers outside of the State of
New Jersey ;
Mr. DeWitt, President of respondent company, is an integral
part, of the Associated Press system and all of the editorial em-
ployees are engaged, from time to time, in giving service to the
Associated Press system;
The daily circulation of the respondent's paper is approxi-
mately 10,987, of which approximately 51 copies are shipped out-
side the State of New Jersey.
This stipulation is submitted subject to the approval of the Na-
tional Labor Relations Board, Washington, D. C.
ORDER
On the basis of the above stipulation and findings of fact, and pur•
suant to Section 10 (c) of the National Labor Relations Act, the Na-
tional Labor Relations Board hereby orders that Monmouth County
6682 NATIONAL LABOR RELATIONS BOARD
Publishing Co., Inc., Long Branch, New Jersey, it9 officers; agents,
successors, and assigns, shall :
1. Cease and desist : '
(a) From interfering with,^restraining, or coercing its employees in
the exercise of their right to self organization; to -form and join, or
assist labor organizations, to bargain collectively,through representa-
tives of their own choosing, and to engage in concerted activities for
the purposes of collective bargaining or other mutual, aid or protection;
(b) From discouraging membership iii- the American 'Newspaper
Guild or any other labor organization by discrimination in regard to
hire or tenure of employment or`any term or condition of employment.
2. Take the following affirmative action in order to effectuate the
policies of the National Labor Relations Act :
(a) Offer to Harry Carlin immediate and full reinstatement to his
former position, without prejudice to his-seniority or other rights and
privileges previously enjoyed but at the presently existing wage
rate; ' ' -
(b) For the purpose of making whole the persons named •in para-
graph 3 of the Complaint, and each of them for any losses of pay they
have suffered by reason of their discharge, and, for the'-purpose of
making whole the following three employees :
George M. Fannin, Jr.
"
Harry Carlin
George McMillan
-pay to the Regional Director of the Second Region for distribution
to said three employees, the sum of $1,000. This payment to be made
by Monmouth Publishing Co., Inc., is in -full settlement of„all, claims
for back pay against Monmouth Publishing Co., Inc., and,Edwin D.
DeWitt by all employees named in the Complaint; - "
(c) Post notices in conspicuous places throughout its-plant at 192
Broadway, Long Branch, New Jersey, stating (1) that the respondent
will not interfere as provided in paragraph 1 above;; (2)• that such
notices will remain posted for ,a period of at least thirty ,(30) days
from the date of posting. " _ '