The Associated Press

National Labor Relations Board - Board Decisions

Jan 28, 1938

4 N.L.R.B. 1176 (N.L.R.B. 1938)

In the Matter of TIlE ASSOCIATED PREss and ` COMMERCIAL
TELEGRAPHERS' UNION
Case No. C-249.-Decided January 28, 1938
News Collecting and Distrtibuting Agency-Settlement: agreement to entry
of order requiring compliance with Act, reinstatement, back pay and disestab-
lishment of company-dominated union.
Mr. Paul Nachtman, for the Board.
Mr. Lloyd Stratton and Mr. W. J. McCambridge, of New York
City, for the Associated Press.
Mr. Maurice Friedman, of Washington, D. C., for the C. T. U.
Mr. Joseph A. Nicolini, of New York City, for the Independent
Employees Guild, Inc.
Mr. Morris Watson, of New York City, for the Guild.
Mr. Martin Kurasch, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On October 4, 1937, Maurice Friedman, counsel for Commercial
Telegraphers' Union and Roland C. Kennedy, filed with the National
Labor Relations Board, herein called the Board, a motion to permit
charges to be filed with the Board in Washington, D. C. On Octo-
ber 8, 1937, the Board, acting pursuant to Article II, Section 37, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, issued an order permitting the filing of a charge with
the Board, and on November 26;- 1.937, the Board issued an order per-
mitting the filing of an amended charge with the Board.
Upon charges and amended charges duly filed by Harry S. Leim-
bach, general chairman of Commercial Telegraphers' Union, Asso-
ciated Press Division No. 14, herein called the C. T. U.,- the Board
issued its complaint dated November 27, 1937, against the Associated
Press, New York City, herein called the respondent. On October
27, 1937, the American Newspaper Guild, herein called the Guild, by
Morris Watson, its vice-president, filed a motion to permit interven-
tion by the American Newspaper Guild. On November 6, 1937, the
Board issued an order permitting the intervention. On November
29, 1937, the Board issued an order consolidating these proceedings
with the matter of investigation and certification of representatives
1176
DECISIONS AND ORDERS 1177
that had been initiated by a petition filed by Arthur Markel, deputy
president of the Commercial Telegraphers' Union, requesting such
investigation and a certification of representatives, pursuant to Sec-
tion 9 (c) of the National Labor Relations Act. The complaint and
notice of hearing thereon were duly served upon the respondent and
upon the Independent Employees Guild, Inc.
The complaint alleged that the respondent had dominated and
interfered -with the formation and administration of the Independent
Employees Guild, Inc., a labor organization, and had contributed
financial and other support thereto. The complaint alleged also that
the respondent had engaged in and was engaging in unfair labor
practices affecting commerce, within the meaning of Section 8 (1),
(2) and (3) and Section 2 (6) and (7) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act.
On December 4, 1937, the Independent Employees Guild, Inc.,
filed its answer to the complaint, denying that it was caused to be
formed and incorporated by the respondent and that the Independent
Employees Guild, Inc. had been dominated and administered by the
respondent. On December 6, 1937, the respondent filed its answer to
the complaint, admitting that its operations occurred in the course
and current of commerce among the several States and with foreign
nations,and, are an integral part of operations of instrumentalities of
such commerce and constitute commerce among the several States and
with foreign nations, but denying that it had engaged in or was
engaging in the unfair labor practices.
Pursuant to the notice, a hearing was held in New York City from
December 6 to December 31, 1937, inclusive, and on January 3, 4 and
8, 1938, before Madison Hill, the Trial Examiner duly designated
by the Board. The Board, the respondent, the Independent Em-
ployees Guild, Inc. and the Guild were represented by counsel and
participated in the hearing. Full opportunity to be heard, to exam-
ine and cross-examine witnesses, and to produce evidence bearing
upon the issues was afforded to all parties.
On January 5, 1938, a stipulation was agreed upon by all parties
to the proceeding and was offered in evidence and made a part of
the record in this matter, without objection. This stipulation effected
a settlement of the case.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent is a membership corporation organized under
the laws of New York and having its principal office in New York
City. It has many other offices and places of business at points
within and without the United States. The respondent has a mem-
1178 NATIONAL LABOR RELATIONS BOARD
bership of over 1,300 morning , evening, Sunday and weekly newspa-
pers, and has for its purpose the collection and distribution of news
of the world and intelligence to its members.
The respondent is engaged at its offices throughout the United
States in the collection , compilation and formulation of news and
intelligence , substantially all of which it receives in interstate and
foreign commerce from points within and without the boundaries
of the United States, and in the sale , distribution , and transmission
of such news and intelligence to its members and others in the
United States and in foreign countries.
We find that the operations of the respondent , occurring in the
course and current of commerce among the several States and with
foreign nations , are an integral part of the operations of instru-
mentalities of such commerce and constitute commerce among the
several States and with foreign nations.
H. THE BASIS OF THE SETTLEMENT
The above -mentioned stipulation provides as follows :
It is hereby stipulated by and between The Associated Press,
respondent herein, the Commercial Telegraphers ' Union, a party
herein, the Independent Employees Guild, Inc., a party herein,
and the National Labor Relations Board, that upon the record
herein and upon this stipulation , if approved by the National
Labor Relations Board, an order may forthwith be entered by
said Board providing as follows :
1. Respondent , The Associated Press, will cease and desist :
(a) From in any manner interfering with, restraining or
coercing its employees in the exercise of their rights to self-
organization , to form, join or assist labor organizations , to bar-
gain collectively through representatives of their own choosing
and to engage in concerted activities for the purpose of collec-
tive bargaining or other mutual aid or protection , as guaranteed
in Section 7 of the National Labor Relations Act;
(b) Dominating or interfering with the formation or ad-
ministration of the Independent Employees Guild, Inc.. or any
other labor organization and shall cease and desist contributing
financial or other support to said Independent Employees Guild,
Inc., or any other labor organization , except that respondent
may permit employees to confer with it during working hours
without loss of time or pay;
(c) From discouraging membership in the Commercial
Telegraphers ' Union or in any other labor organization of its
employees : by discharging , threatening , or refusing to reinstate
any of its employees for joining Commercial Telegraphers'
Union , or any other labor organization of its employees;
DECISIONS AND ORDERS ' 1179
(d) From in any other manner discriminating against any of
its employees in regard to hire and tenure of employment or any
term or conditions of employment for joining Commercial Teleg-
raphers' Union or any other labor organization of its employees.
2. Independent Employees Guild, Inc., will forthwith disestab-
lish itself as a collective bargaining agency and shall forthwith
wholly terminate its existing collective bargaining relations with
respondent, The Associated Press.
3. Independent Employees Guild, Inc., will notify each of its
members of said disestablishment within ten (10) days from the
making of an order herein by the National Labor Relations Board.
4. Respondent, The Associated Press, will take the following
affirmative action to effectuate the policies of the National Labor
Relations Act:
(a) Offer to Frank Troise, Louis Maguire, Melvin A. Ashley,
J. A. Macaskill, Samuel B. Patroff and Woodrow Daving, imme-
diate and full reinstatement, to their former positions, without
prejudice- to any rights and privileges previously enjoyed by
them ;
(b) Make whole to said Frank Troise, Louis Maguire, Melvin
A. Ashley, J. A. Macaskill, Samuel B. Patroff and Woodrow
Daving for any loss of pay they suffered by reason of the dis-
charge, by payment to them of a sum of money equal to that
which they would normally have earned from the date of their
discharge to the date of the offer of reinstatement, computed at
their regular rate of pay per month, less the amount earned by
them since their discharge ;
(c) Withdraw recognition from and disestablish as an agency
of collective bargaining the Independent Employees Guild, Inc.;
(d) Post and keep visible in each office of the respondent in a
prominent place for a period of thirty (30) days after receipt
of a copy of the order to be entered by the National Labor Rela-
tions Board to be made herein.
ORDER
Upon the basis of the above stipulation, 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 orders that the
Associated Press, its officers, agents, successors and assigns, shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining or coercing its
employees in the exercise of their rights to self-organization, to form,
join or assist labor organizations, to bargain collectively through rep-
resentatives of their own choosing and to engage in concerted activities
for the purpose of collective bargaining or other mutual aid or pro-
1180 NATIONAL LABOR RELATIONS BOARD
tection, as guaranteed in Section 7 of the National Labor Relations
Act ;
(b) Dominating or interfering with the formation or administra-
tion of the Independent Employees Guild, Inc., or any other labor
organization and shall cease and desist contributing financial or other
support to said Independent Employees Guild, Inc., or any other labor
organization, except that respondent may permit employees to confer
with it during working hours without loss of time or pay;
(c) Discouraging membership in the Commercial Telegraphers'
Union or in any other labor organization of its employees: by dis-
charging, threatening, or refusing to reinstate any of its employees
for joining Commercial Telegraphers' Union, or any other labor
organization of its employees;
(d) In any other manner discriminating against any of its em-
ployees in regard to hire and tenure of employment or any term or
conditions of employment for joining Commercial Telegraphers'
Union or any other labor organization of its employees.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
(a) Offer to Frank Troise, Louis Maguire, Melvin A. Ashley, J. A.
Macaskill, Samuel B. Patroff and Woodrow Daving, immediate and
full reinstatement, to their former positions, without prejudice to
any rights and privileges previously enjoyed by them;
(b) Make whole said Frank Troise, Louis Maguire, Melvin A. Ash-
ley, J. A. Macaskill, Samuel B. Patroff -and Woodrow Daving for any
loss of pay they suffered by reason of the discharge, by payment to
them of a sum of money equal to that which they would normally
have earned from the date of their discharge to the date of the offer
of reinstatement, computed at their regular rate of pay per month,
less the amount earned by them since their discharge;
(c) Withdraw recognition from and disestablish as an agency of
collective bargaining the Independent Employees Guild, Inc. ;
(d) Post and keep visible in each office of the respondent in a
prominent place for a period of thirty (30) days after receipt, a copy
of this Order.
It is further ordered that Independent Employees Guild, Inc., its
officers, agents, successors and assigns, shall :
(a) Forthwith disestablish itself as a collective bargaining agency
and shall forthwith wholly terminate its existing collective bargain-
ing relations with the respondent, the Associated Press;
(b) Notify each of its members of said disestablishment within ten
(10) days from the date of issuance of this Order.
And it is further ordered that the allegations of the complaint
are hereby dismissed without prejudice with respect to the discharge
of John Lakin Brucher, James Darr, and Roland C. Kennedy.