The Pittsburgh Courier Publishing Co.

National Labor Relations Board - Board Decisions

Dec 9, 1940

28 N.L.R.B. 376 (N.L.R.B. 1940)

In the Matter of THE PITTSBURGH COURIER PUBLISHING COMPANY and
PITTSBURGH NEWSPAPER PRINTING PRESSMEN 'S UNION, LOCAL No. 9,
AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
In the Matter of THE PITTSBURGH COURIER PUBLISHING COMPANY and
PITTSBURGH STEREOTYPERS' UNION, LOCAL No. 56, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
Cases Nos. C-1738 and C-17-39-Decided December 9, 1940
Jurisdiction : newspaper publishing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Henry Shore, for the Board.
Mr. Nicholas Unkovic and Mr. A. W. McCandless, of Pittsburgh, Pa.,
for the respondent.
Mr. Jos. Hagani, of Pittsburgh, Pa., for the Pressmen.
Mr. Joseph A. Sharkey, of Pittsburgh, Pa., for the Stereotypers.
Miss Marcia Hertzmark, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Pittsburgh News-
paper Printing Pressmen's Union Local No. 9, herein called the Press-
men, and by Pittsburgh Stereotypers' Union, Local No. 56, herein-
called the Stereotypers, the National Labor Relations Board, herein
called the Board, by the Regional Director for the Sixth Region
(Pittsburgh, Pennsylvania), issued its complaint, dated September
27, 1940, against The Pittsburgh Courier Publishing Company, Pitts-
burgh,' Pennsylvania, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor practices
affecting commerce within the meaning of Section 8 (1), (3), and (5)
and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat.
'449, herein called the Act. Copies of the complaint and notices of
hearing were duly served upon the respondent, upon the Pressmen,
and upon the Stereotypers.
28 N L R. B., No 64._
376
THE PITTSBURGH COURIER PUBLISHING COMPANY 377
Concerning the unfair labor practices, the complaint alleged, in sub-
stance, (1) that the respondent, by certain named officers, agents,
representatives, and employees, committed, authorized, instigated,
and acquiesced in statements and conversations tending to discourage
activities for the purposes of collective bargaining and other mutual
aid and protection and tending to discourage membership and activity
in the Pressmen and the Stereotypers; and from about November 1939
made inquiries of employees to ascertain their affiliations with out-
side labor organizations and with the Pressmen and the Stereotypers;
(2) that the respondent, from on or about February 19, 1940, and at
all times thereafter, refused to recognize and bargain collectively with
the'Pressmen and the Stereotypers on behalf of the employees in the
respective appropriate units; and that between about March 8, 1940,
and March 11, 1940, the respondent discharged 'all except one of its
employees who were members of the Pressmen, and discharged all of
its employees who were members of the Stereotypers for the purpose
of avoiding its obligation to bargain with the Pressmen and the
Stereotypers as the duly authorized representatives of its employees
within the appropriate units; and (3) that the respondent discharged
and refused to reinstate six named employees because of their mem-
bership and activities in the Pressmen; and discharged and refused to
reinstate four named employees because of their membership and
activities in the Stereotypers.
On November 1, 1940, the respondent, the Pressmen, the Stereo-
typers, and counsel for the Board entered into a stipulation in settle-
ment of the case. The stipulation provides as follows :
I
STIPULATION
WHEREAS, it is the mutual desire of The Pittsburgh Courier
Publishing Company, and Pittsburgh Newspaper Printing Press-
men's Union, Local No. 9, and Pittsburgh Stereotypers' Union,
Local No. 56, to settle amicably any differences that have arisen
between them, with the sincere belief that such a settlement will
be in the best interests of all parties concerned,
It is hereby stipulated and agreed by and between The Pitts-
burgh Courier Publishing Company, hereinafter referred to as the
Respondent, Pittsburgh Newspaper Printing Pressmen's Union,
Local No. 9, Pittsburgh Stereotypers' Union, Local No. 56, and
Henry Shore, Attorney for the National Labor Relations Board,
as follows :
I
Upon charges and amended charges duly filed by the Pittsburgh
Newspaper Printing Pressmen's Union, Local No. 9, and by Pitts-
378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
burgh Stereotypers' Union, Local No. 56, the National Labor Re-
lations Board, by the Regional Director for the Sixth Region,
acting pursuant to authority granted in Section 10 (b) of the
National Labor Relations Act, Stat. 449, and pursuant to Article
IV, Section 1, of the National Labor Relations Board Rules and
Regulations, Series 2 as amended, duly issued its Complaint and
Notice of Hearing on September 27, 1940, against the Respondent
herein.
II
This Stipulation, together with the amended charges, the Na-
tional Labor Relations Board Rules and Regulations,' Series
2 as amended, Complaint and Notice of Hearing, Affidavit of
Service of said Complaint and Notice of Hearing, copy of Or-
der Consolidating Cases, Notice of Postponement of Hearing,
Order Extending Time for Filing. of Answer, Affidavit of Serv-
ice of said Order Extending Time for Filing of Answer and of
Notice of Postponement of Hearing, Petition for, Postponement
of Hearing, Order Denying Petition for Postponement of Hear-
ing, Affidavit of Service of said Order Denying Petition for
Postponement of Hearing, Notice of Further Postponement of
Hearing, and Affidavit of Service of said Notice of Further
Postponement of Hearing shall contsitute the entire record in
this case and may be filed with the Chief Trial Examiner of
the National Labor Relations Board, Washington, D. C. ^
III
All the parties hereto waive their right to a hearing and to
the making of Findings of Fact ,and Conclusions of Law by the
National Labor Relations Board herein, and to any other or
further procedure before said Board.
IV ,
Respondent is a Corporation organized under the laws of the
Commonwealth of Pennsylvania, having been incorporated in
1910. The Respondent has its principal office and place of biisi-
ness in the City of Pittsburgh, County of Allegheny, Pennsyl-
vania, and is and has been for a number of years engaged in the
production, printing, publication, sale, and distribution of a
national weekly newspaper known as THE PITTSBURGH
COURIER, and of other printed matter. The principal raw
materials used by the Respondent consist of news print, ink, and
other printing materials. For the year 1939 and the first six
THE PITTSBURGH COURIER PUBLISHING COMPANY 379
months of 1940, the value of the raw materials and machinery
purchased by Respondent exceeded $100,000.00, more than 7570
of which represented raw materials and machinery purchased
in Canada and States of the United States other' than the Com-
monwealth of Pennsylvania, and shipped by rail and truck to
the Respondent's plant in the Commonwealth of Pennsylvania.
Approximately 166,000 copies of The Pittsburgh Courier per
week are published, printed, and sold by Respondent. Of this
number approximately 3070 is sold and shipped outside the
Commonwealth of Pennsylvania, the shipments being by United
States mail, by truck and by rail. Approximately half the ad-
vertising appearing in Respondent's publications is secured
through national advertising agencies. Respondent employs
approximately one hundred persons. Respondent is engaged in
interstate commerce within the meaning of Section 2, Subdivi-
sions (6) and (7) of the National Labor Relations Act.
V
The Pittsburgh Newspaper Printing Pressmen's Union, Local
No. 9, affiliated with the American Federation of Labor, is a
-labor organization within the meaning of Section 2, Subdivision
(5), of the National Labor Relations Act.
VI
The Pittsburgh Stereotypers' Union, Local No. 56, affiliated
with the American Federation of Labor, is a labor organization
within the meaning of Section 2, Subdivision (5), of the Na-
tional Labor Relations Act.
VII
All of the employees of the Respondent in its Press-room
Department constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of
the National Labor' Relations Act.
VIII
Since on or about February 1, 1940, and at all times there-
after, to, and including the date of the signing of this Stipula-
tion, the majority of the employees of the Respondent in the unit
described in paragraph VII above had designated the Pittsburgh
Newspaper Printing Pressmen's Union, Local No. 9, as their
representative for the purposes of collective bargaining with the
Respondent.
380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All of the employees of the Respondent in its Stereotyping
Department constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of
the National Labor Relations Act. -
X
Since on or about February 1, 1940, and at all times , there-
after, to, and including the date of the signing of this Stipula-
tion, the majority of the employees of the Respondent in the
unit described in paragraph IX above had designated the Pitts-
burgh Stereotypers ' Union, Local No. 56 , as their representative
for the purposes of collective bargaining with the Respondent.
XI
Upon this Stipulation and upon the record herein, an Order
may forthwith be entered by the National Labor Relations
Board as follows :
1. Respondent , The Pittsburgh Courier Publishing Company,
its officers , agents, successors , and assigns , shall cease and desist
from :
(a) In any manner interfering with, restraining or coerc-
ing its employees in the exercise of their right to form, join,
or assist labor organizations , to bargain collectively with rep-
resentatives of their own choosing , and to engage in concerted
activities for the purposes of collective bargaining or other
mutual-aid or'protection.
(b) Discouraging membership in the Pittsburgh .Printing
Pressmen's Union, Local No. 9, in the Pittsburgh Stereotypers'
Union, Local No. 56, or any other labor organization of its
employees by discriminating against said employees in respect
to their hire or tenure of employment or any term or condition
of employment.
(c) Refusing to bargain collectively with the Pittsburgh
Printing Pressmen's Union, Local No. 9, as the exclusive rep-
resentative of all its employees in its Press-room Department,
and with the Pittsburgh Stereotypers' Union, Local No. 56, as
the exclusive representative of all of its employees in its
Stereotyping Department , in respect to rates of pay, wages,
hours of work , and other conditions of employment.
2. Respondent, The Pittsburgh Courier Publishing Company,
its officers, agents, successors , and assigns , shall take the follow-
THE PITTSBURGH- COURIER PUBLISHING COMPANY 381
ing affirmative action to effectuate the purposes and policy of
the National Labor Relations Act :
(a) Offer to Walter Waters, Byron Peters, Nathaniel
E. Johnson, Nathaniel Crowder, William Stewart, Stanley
Waters, Harry Martin, Russell Wonds, C. S. Joyner, and
Harold Franklin immediate and full reinstatement to their
former positions of employment without prejudice to their
seniority and other rights and privileges, dismissing any per-
sons hired on or after March 8, 1940, who have been perform-
ing the same work or work substantially equivalent to that
which any of the herein named persons were performing prior
to their discharge.
(b) Make whole the hereinafter named employees for any
loss of pay they may have suffered by reason of their discharge
by payment to them of the sums hereinafter set out after their
names, within forty-five (45) days from the effective date of
this agreement :
Walter Waters---------------------------------- $880. 00
Byron Peters------------------------------------ 102.10
Nathaniel E. Johnson---------------------------- 447.50
Nathaniel Crowder------------------------------ 289.20
William Stewart -------------------------------- 535.25
Stanley Waters --------------------------------- 407.00
Harry Martin ----------------------------------- 307.50
Russell Woods ---------------------------------- 236.31
C. S. Joyner------------------------------------ 173.06
Harold Franklin -------------------------------- 223.00
(c) Upon request, bargain collectively with the Pittsburgh
Newspaper Printing Pressmen's Union, Local No. 9, as the
exclusive representative of all of its employees in its Press-
room Department, and with the Pittsburgh Stereotypers'
Union, Local No. 56, as the exclusive representative of all of
its employees in its Stereotyping Department, in respect to
rates of pay, wages, hours of work, and other conditions of
employment.
(d) Post immediately in conspicuous places at its plant
and maintain for a period of at least sixty (60) consecutive
days from the date of posting, notices to its employees stating :
(1) That the Respondent will not engage in the conduct
from which it is ordered to cease and desist in paragraphs
,1 (a), (b), and (c) of this order.
(2) That the Respondent will take the affirmative action
set forth in paragraphs 2 (a), (b), and (c) of this order.
382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(3) That the Respondent's employees are free to become
or remain members of the,Pittsburgh Printing Pressmen's
Union, Local, No. 9, or the Pittsburgh Stereotypers' Union,
Local No. 56, and the Respondent will not discriminate
against any employee because of his membership or activity
in these organizations.
(e) File with the Regional Director of the Sixth Region,
within ten (10) days from the date of the entry of this.Order,
a report in writing setting forth in detail the manner and
form in which it has complied with the foregoing- require-
ments, consistent with the provisions of this Order.
XII.
Respondent hereby consents to the entry by_ the United States
Circuit Court of Appeals for the appropriate circuit, upon appli-
cation of the National Labor Relations Board, of a consent decree,
enforcing the Order of the National Labor Relations Board sub-
stantially, in the form set forth in Paragraph- XI above, and
hereby waives further notice of the application for such decree.
XIII
It is understood and agreed that this Stipulation embodies
the entire agreement between the parties, and there is no verbal
agreement of any kind which varies, -alters, or adds to this
Stipulation.
XIV
It is understood and agreed further that this Stipulation is
subject to the approval of the National Labor Relations Board
and shall become effective immediately upon receipt of notice
granting such approval.
On November 27, 1940, the Board issued its order approving the
above stipulation, making it a part of the record in the case, and
transferring the proceeding to the Board for the purpose of entry
of a decision and order by the Board pursuant to the provisions of
the stipulation.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT - -
I. THE BUSINESS OF THE RESPONDENT
The Pittsburgh Courier Publishing Company, a corporation with
its principal office and place of business in Pittsburgh, Pennsylvania,
THE PITTSBURGH COURIER PUBLISHING COMPANY 383
is engaged in the production , printing , publication , sale, and distri-
bution of a national weekly newspaper known as THE PITTSBURGH
COURIER , and of other printed matter . The principal raw materials
used by the respondent consist of news print , ink, and other printing
materials . For the year 1939 and the first 6 months of 1940, the
value of the raw materials and machinery purchased by the respond-
ent exceeded $100,000. More than 75 per cent of this amount repre-
sented raw materials and machinery purchased in Canada and States
outside the Commonwealth of Pennsylvania and shipped by rail
and,truck to the respondent 's plant in Pennsylvania.
Approximately 166,000 copies of THE PITTSBURGH COURIER are
published, printed, and sold by the respondent each week. Of this
number about 30 per cent are sold and shipped outside Pennsylvania
by truck and rail. -Approximately half the advertising matter which
appears in the respondent 's publications is secured through national
advertising agencies . The respondent employs approximately 100
persons.
The respondent admits that it is engaged in interstate commerce
within the meaning of the Act. We find that the above -described
operations constitute a continuous flow of trade , traffic, and commerce
among the several States.
ORDER
Upon the basis of the above findings of fact, stipulation, and 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 Pittsburgh Courier Publishing Company,
Pittsburgh , -Pennsylvania , 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 right to form, join, or assist labor
organizations , to bargain collectively through representatives of their
own choosing , and to engage in concerted activities for the purposes
of collective bargaining or other mutual aid or protection;
(b) Discouraging membership in the Pittsburgh Printing Press-
men's Union, Local No. 9, in the Pittsburgh Stereotypers' Union,
Local No. 56 , or any other labor organization of its employees by
discriminating against said employees in respect to their hire or
tenure of employment or any term or condition of employment;
. (c) Refusing to bargain collectively with the Pittsburgh Printing
Pressmen 's Union, Local No. 9, as the exclusive representative of all
its employees in its Press -room Department , and with the Pitts-
burgh Stereotypers' Union, Local No. 56, as the exclusive representa-
384 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tive of all of its employees in its' Stereotyping Department, in
respect to rates of pay, wages, hours of work, and other conditions
of employment.
2. Take the following affirmative action to effectuate the purposes
and policy of the National Labor Relations Act :
(a) Offer to Walter Waters, Byron Peters, Nathaniel E. Johnson,
Nathaniel Crowder, William Stewart, Stanley Waters, Harry Martin,
Russell Woods, C. S. Joyner, and Harold Franklin immediate and
full reinstatement to their former positions of employment without
prejudice to their seniority and other rights and privileges, dismiss-
ing any persons hired on or after March 8, 1940, who have been
performing the same work or work substantially equivalent to that
which any of the herein named persons were performing prior to
their discharge;
(b) Make whole the hereinafter named employees for any loss of
pay they may have suffered by reason of their discharge by payment
to them of the sums hereinafter set out after their names , within
forty-five (45) days from the effective date of this agreement:'
Walter Waters----------------------------------------- $880.00
Byron Peters------------------------------------------- 102.10
Nathaniel E. Johnson----------------------------------- 447.50
Nathaniel Crowder-------------------------------------- 289.20
William Stewart---------- ------------------- ----------- 535. 25
Stanley Waters----------------------------------------- 407.00
Harry Martin------------------------------------------ 307.50
Russell Woods------------------------------------------ 236.34
C. S.Joyner -------------------------------------------- 173.06
Harold Franklin ----------------------------------------- 223. 00
(c) Upon request, bargain collectively with the Pittsburgh News-
paper Printing Pressmen's Union, Local No. 9, as the exclusive repre-
sentative of all of its employees in its Press-room Department, and
with the Pittsburgh Stereotypers' Union, Local No. 56, as the exclu-
sive representative of all its employees in its Stereotyping De-
partment, in respect to rates of pay, wages, hours of work, and
other conditions of employment;
(d) Post immediately in conspicuous places at its plant and main-
tain for a period of at least sixty (60) consecutive days from the
date of posting, notices to its employees stating: (1) that the re-
spondent will not engage in the conduct from which it is ordered to
cease and desist in paragraphs 1 (a), (b), and (c) of this Order;
(2), that the respondent will take the affirmative action set forth in
paragraphs 2 (a), (b), and (c) of this Order; and (3) that the
i The stipulation 'provides that it should become effective immediately upon receipt of
notice that the Board has approved it. The Board' s order approving the stipulation was
issued November 27, 1940.
THE /PITTSBURGH COURIER PUBLISHING COMPANY 385
respondent 's employees are free to become or remain members of
the ^ Pittsburgh Printing Pressmen 's Union, Local No. 9, or the
Pittsburgh Stereotypers ' Union, Local No. 56 , and the respondent
will not discriminate against any employee because of his member-
ship or activity in these organizations;
(e) File with the Regional Director for the Sixth Region, within
ten\(10) days from the date of the entry of this Order, a report in
writing setting forth in detail the manner and form in which it
has complied with the foregoing requirements , consistent with the
provisions of this Order.