The New York Times Co.

National Labor Relations Board - Board Decisions

Nov 15, 1941

36 N.L.R.B. 964 (N.L.R.B. 1941)

In the Matter of THE NEW YORK TIMES COMPANY, A CORPORATION,
and NEWSPAPER GUILD OF NEW YORK.
Case No. C-775
ORDER VACATING DECISION AND ORDER
November 1x5,,1941
On October 14, 1941, The New York Times Company (hereinafter
called the Company), Newspaper Guild of New York (hereinafter
called the Guild), and Counsel for the National Labor Relations
Board (hereinafter called the Board), entered into the following
stipulation in the above-entitled proceeding:
STIPULATION
The National Labor Relations Board (hereinafter called the
Board) on August 24, 1940 made its Decision and Order in the
above-entitled matter. The New York Times Company (here-
inafter called the Company) notified the Board within the pre-
scribed period that it did not intend to comply with the said
Order and that the case should be presented to the court in ac-
cordance with the provisions of the National Labor Relations
Act. On or about April 12, 1941 a proceeding was initiated by
the Board in the United States Circuit Court of Appeals for
the Second Circuit by filing a petition for enforcement of the
said Order. Thereafter the Newspaper Guild of New York
(hereinafter called the Guild), Grace Porter, Fred Jaeger and
Isaac Gilbert made a motion for leave to intervene in the afore-
said proceeding in the United States Circuit Court of Appeals
for the Second Circuit.
On August 13, 1940 the Company and the Guild entered into
an agreement with the Board providing for a consent election
covering all employees in the commercial departments of the
Company with certain exceptions therein enumerated. The
Guild received a majority of the votes cast in the consent election
and the Company thereafter entered into collective bargaining
negotiations with the Guild which resulted in a written contract
dated April 21, 1941 between the Company and the Guild cov-
36 N: L. R. A., No. 200. . •
964
THE ' NEW YORK-TIMES COMPANY :: i • ' 965
Bring all employees iii the commercial departments embraced by
the' consent election. On August 277 1941 the Guild 'was certified
by the Board as exclusive representative for the purposes of
collective bargaining of'eiriployees in the news and editorial de-
partments of the Company. with certain exceptions enumerated
by the Board. The Company and the Guiild thereafter entered
into collective bargaining negotiations covering the news -and
editorial departments, which negotiations are now in progress.
It appears that the purposes of the National Labor Relations
Act are being effectuated by the contract now in effect between
the Company and the Guild covering employees of the coin-
mercial departments and by the pending negotiations for'a con-
tract covering employees of the news and editorial departments.
Certain changes have been made in the personnel of the audit-
ing department of the Company as a result of which Isaac Gilbert
has been advanced to a new position with an increased salary,
and he is making no further claim in the above-entitled: matter.
It-is the desire of the parties in interest to avoid further liti-
gation and to conclude all proceedings before the United' States
Circuit Court of Appeals and before the Board in this case.
Therefore, it is stipulated as follows :
1. This stipulation is subject to the approval of the Board.
.It shall become effective immediately upon the granting of such
approval, and thereafter an order shall be entered vacating the
said Decision and Order. of the Board dated August 24, 1940;
in accordance with the terms of this stipulation.
2. In full settlement of all claims under said Order the Coin-
pany agrees to pay-the sum of $15,000 to the order of the at-
torneys for Fred .Jaeger and Grace Porter, to be distributed' as
agreed between them, . and shall. not be required. to reinstate
Fred Jaeger or Grace Porter. - -
3. The Company agrees,. that it will not discourage member-
ship in the Guild of' its employees by in any manner discrim-
inating in regard to the hire, tenure of employment: or.., _-terms11 1, .
and conditions of employment of any of its employees and that
it'will not in any other manner interfere with, restrain or coerce
its employees in the exercise of their rights to self-organization,
to join or assist the Guild, to bargain collectively through the.
Guild, and to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection as guar-
anteed in Section 7 of the Act. '
4. In virtue of the agreement in Paragraphs 2 and 3 hereof,
and in reliance thereon, the Company and the Guild stipulate
and request the Board, subject to compliance by the Company
966 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with Paragraph 2 hereof, to permit the withdrawal by the
Guild of the charges and amended charges filed in this proceeding
and thereupon to vacate its decision and order herein. The
Guild hereby withdraws the said charges upon the terms and
conditions hereinabove set forth.
5. Upon the filing of this stipulation with the approval of the
Board,. and upon notification to the Board that the Company
has paid the sum hereinabove agreed to be paid, the Board, the
Company and the attorney for the individual complainants and
the Guild agree to consent to a motion in the United States
Circuit Court of Appeals for the Second Circuit for leave to
withdraw the petition for enforcement of the said Order, and
all proceedings in this case before the Board or elsewhere shall
be deemed concluded.
6. The entire agreement is contained within the terms of this
stipulation and there is no verbal agreement which varies, alters
or adds to this stipulation.
On October 14, 1941, the Board approved the foregoing stipulation.
Thereafter, by letter dated October 15, 1941, the Company advised
the Board that it had paid the sum agreed to be paid in accordance
with the provisions of Paragraph 2 of the stipulation. In accordance
with the terms of the stipulation, the enforcement proceeding hereto-
fore pending in the United States Circuit Court of Appeals for the
Second Circuit has been discontinued.
On the above stipulation and on the entire record in the case, 'the
Board hereby grants the Guild's request for leave to withdraw the
charges and amended charges heretofore filed herein; and
IT IS HEREBY ORDERED that the Decision, including the findings of
fact and conclusions of law, and the Order of the Board, dated
August 24, 1940,1 be, and the same hereby are, vacated; and
IT IS HEREBY FURTHER ORDERED that all proceedings in the above-
entitled case be, and-the same hereby are, concluded.
1 26 N . L. R. B., No. 112.