The Press Co., Inc., and The Gannett Company

National Labor Relations Board - Board Decisions

Jul 18, 1939

13 N.L.R.B. 630 (N.L.R.B. 1939)

In the Matter of THE PRESS Co., INC., AND THE GANNETT COMPANY
and TRI-CITY NEWSPAPER GuILn OF ALBANY , TROY AND SCHENEC-
TADY, NEW YORK
Case No. C-645.-Decided July 18, 1939
Newspaper Publishing Industry-Employer: Parent corporation of employees
of subsidiary : upon basis of unified ownership , management , direction and
control of labor and business policies-Interference, Restraint , and Coereton:-
surveillance of union meetings and activities ; expressed opposition to union ;
ordered , to cease surveillance of union meetings and activities-Discrimination:
with respect to hire and tenure of employment : discharges of three employees
upon curtailment of staff after merger of two papers , for union membership and'
activities ; dismissed as to two employees ; with respect to terms, conditions and
tenure of employment : professional demotion of one employee inducing resig-
nation and amounting to constructive discharge after curtailment of staff
upon merger of two papers, because of union membership and activities ; similar
allegations dismissed as to one employee-Reinstatement Ordered-Back Pay:
awarded : discriminatorily discharged employees.
Mr. Lester M. Levin, for the Board.
Mr. Elisha Hanson, of Washington, D. C., for the respondent The
Press Co., Inc.
Hubbell, Taylor, Goodwin, Nixon & Hargrave, by, Mr. T. C. Ninon,
of Rochester, N. Y., for the respondent Gannett Co., Inc. -
Mr. A. J. Isserman, of New York City, for American Newspaper
Guild.
Mr. Johan T. DeGraff, of Albany, N. Y., for Tri-City Newspaper
Guild.
Mr. Vincent A. Burns, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Charges and amended charges having been filed by Tri-City News-
paper Guild of Albany, Troy and Schenectady, New York, herein
called the Guild, the National Labor Relations Board, herein called
the Board, by Elinore M. Herrick, Regional Director for the Second
Region (New York City), issued and duly served its complaint dated
August 13, 1937, against The Press Co., Inc., Albany, New York,.
13 N. L. R. B., No. 72.
630 - '
THE PRESS COMPANY, INCORPORATED 631
herein called the respondent Press Co., and against the Gannett Co.,
Inc.,' Rochester, New York, herein called the respondent Gannett Co.,
said respondents being herein collectively called the respondents,
alleging that the respondents had engaged in and were engaging in
unfair labor practices affecting commerce, within the meaning of
Section 8 (1) and (3) and Section 2 (6) and (7) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. A copy of the com-
plaint and notice of hearing thereon were 'duly served upon the
respondents and the Guild.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent Gannett Co. owns 100 per cent of the
stock of the respondent Press Co. and completely dominates and
controls all of the activities of the latter including its labor policies;
that the respondents, by their officers and agents, discharged on or
about June 30, 1937, from their Albany office of the "Knickerbocker
Press," Austin J. Scannell, John Wanhope, Henry Christman,
Richard Jackson, John Andrews, and Frank Mahan, and refused
them employment upon the merger of the "Albany Evening News"
and the "Knickerbocker Press" for the reason that they applied for
membership in and assisted a labor organization known as the Tri-
City Newspaper Guild of Albany, Troy and Schenectady, New York,
and engaged in concerted activities with other employees of the re-
spondents for the purpose of collective bargaining and other mutual
.aid and protection; that the respondents refused and have continued
to refuse to reinstate the said individuals ; that the respondents at
their said Albany office, from on or about April 1937, down to and
including the date of the issuance of the complaint, have urged, per-
suaded, and warned their employees at said Albany office to refrain
from becoming or remaining members of the Guild and have threat-
ened said employees with discharge and other' reprisals if they
became or remained members thereof, and have kept under surveil-
lance the meetings and meeting place of said Guild members em-
ployed at said Albany office of the respondents; that the respondents
by such acts, and by threats, promises, and acts of intimidation, have
interfered with, restrained, and coerced their employees in the ex-
ercise of the rights guaranteed in Section 7 of the Act.
On August 24, 1937, the respondents filed separate answers to the
complaint. The respondent Press Co. admitted in its answer certain
allegations concerning its corporate structure and business but de-
nied that it was engaged in interstate commerce within the meaning
of the Act, denied the respondent Gannett Co.'s alleged control of
the respondent Press Co., denied that it had engaged in or was en-
' This respondent was incorrectly designated as The Gannett Company in certain
pleadings . ' The error was corrected by motion at the hearing.
632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gaging in the unfair labor practices alleged in the complaint, affirma-
tively pleaded that the discharges were due only to the necessity of
curtailing its employment force by reason of the merger of two of
its papers, and alleged that the proceeding instituted by the com-
plaint was in violation of the rights guaranteed under the First
and Fifth Amendments to the Constitution of the United States.
The respondent Gannett Co. in its answer admitted certain parts of
the complaint as to the corporate structure of the respondents, but
denied that it is engaged in commerce within the meaning of the
Act, denied that it is an "employer" within the meaning of the Act
with respect to the individuals mentioned or described in the com-
plaint or any other member of the Guild, denied that the Guild is a
"labor organization" within the meaning of the Act, and averred
that the institution of these proceedings was' repugnant to the pro-
visions of the First and Fifth Amendments to the Constitution of
the United States, and finally asked that the complaint be dismissed.
Pursuant to notice, a hearing was held at Albany, New York, on
October 25 to 26, and December 13 to 20, 1937, and January 17 to 21,
1938, before George Bokat, the Trial Examiner duly designated by
the Board. The Board, the respondents, and the Guild were repre-
sented by counsel. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing upon the
issues was afforded all parties. At the opening of the hearing, the
attorney for the Board moved to amend the complaint (a) by strik-
ing the name of Frank Mahan, (b) by substituting in Paragraph 9
the date "September 1935" in place of "April 1937," (c) by includ-
ing two additional paragraphs which alleged "that on or about July
1, 1937, the respondents did order and direct Ray Mowers and Jo
Leonard to perform such onerous duties which were so inferior to
the work to which they had been accustomed as to compel them on
or about October 1937 to resign; that the respondents gave said
inferior assignments to said individuals because they joined and
assisted the union." These three motions to amend were granted
and the Trial Examiner allowed the respondents a reasonable period
in which to file amended answers. Each of the respondents filed an
amended answer in which it denied the allegations as to Ray Mowers
and Jo Leonard.
At the opening of the hearing the respondents moved to dismiss
for lack of jurisdiction. During the hearing and at the close thereof
the motion to dismiss on jurisdictional grounds was again renewed
and also the motion to dismiss on constitutional grounds as set forth
in the answer of the respondents. The Trial Examiner reserved
ruling on these motions. At the outset of the hearing counsel for the
respondent Gannett Co. moved to dismiss the complaint on the
THE PRESS COMPANY, INCORPORATED 633
ground that the respondent Gannett Co. was not an "employer"
within the meaning of the Act of those employees mentioned in the
complaint. This motion was denied by the Trial Examiner. His
ruling is hereby affirmed for reasons hereinafter stated.2 At the con-
clusion of the hearing, the Board's attorney moved to amend the
pleadings to conform to the proof, which motion was allowed. The
ruling is hereby affirmed. During the course of the hearing the
Trial Examiner made a number of rulings on other motions and
objections to the admission of evidence. The Board has reviewed
these rulings and finds that no prejudicial errors were committed.
The rulings are hereby affirmed.
On May 12, 1938, the Trial Examiner filed his Intermediate Report,
in which he denied the respondents' motions to dismiss and found
that the respondents had engaged in and were engaging in unfair
labor practices in that they had discriminatorily discharged Austin J.
Scannell, John Wanhope, and Henry E. Christman, but dismissed
the complaint as to Richard Jackson, John Andrews, Jo Leonard,
and Ray H. Mowers. He recommended that the respondents cease
and desist from the unfair labor practices and reinstate with back
pay the employees found to have been discriminatorily discharged.
On May 28, 1938, the Guild, and on June 1, 1938, each of the respond-
ents filed separate exceptions to the Intermediate Report and to the
various rulings of the Trial Examiner. On July 19, 1938, the Guild
and the respondents presented oral arguments thereon before the
Board in Washington, D. C. The Board has considered the excep-
tions of the respondents and of the Guild to the findings, conclusions,
recommendations and rulings of the Trial Examiner, but, save for
those exceptions which are consistent with the findings, conclusions,
and order set forth below, finds them 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
The respondent Press Co., a New York corporation with its princi-
pal office and place of business at Albany, New York, is a subsidiary
of the respondent Gannett Co., engaged in the publication and dis-
tribution of an afternoon newspaper in Albany, New York. All the
respondent Press Co.'s outstanding common or voting stock and 50
per cent of the outstanding preferred stock are owned by the respond-
ent Gannett Co. The latter owns and controls a majority of the
capital or voting stock of various corporations which in turn own
2 Section I, infra.
634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and publish approximately 19 newspapers 8 The respondent Gan-
nett Co. also owns stock in a corporation engaged in radio broad-
casting. Frank E. Gannett, Frank E. Tripp, and H. W. Cruick-
shank, are president, vice president, and secretary, respectively, and
directors of each of the respondents.
In his Intermediate Report the Trial Examiner found that the
respondent Gannett Co. was a proper respondent and that the
respondent Press Co. "was not completely autonomous but rather an
8 According to reports and schedules filed with the Securities and Exchange Commis-
sion on April 19, 1937, the Gannett Co., Inc., controls the following corporations :
(a) Wholly owned Subsidiary Companies-Consolidated: f
Elmira Star -Gazette, Inc.
Ithaca Journal-News, Inc
Northwestern Publishing Company.
The Press Co., Inc.
The Saratogian, Inc.
(b) Controlled Companies-Not Consolidated :
The Beacon News Co, Inc.
Elmira Star-Gazette, Inc.
The Hartford Times, Incorporated.
Malone Telegram, Inc.
The Newburgh News Printing and Publishing Co.
Ogdensburg Publishing Co, Inc.
Plainfield Courier-News Co.
Utica Observer-Dispatch, Inc.
W. H. E. Co., Inc.
A portion of a supplement filed on September 3, 1936, to a registration statement
filed with Securities and Exchange Commission on June 27, 1936, by Gannett Co., Inc,
states : "The Company and its subsidiaries publish 18 newspapers , of which 13 are daily,
1 Sunday , and 4 daily and Sunday, distributed in 13 cities located in the States of
New York, New Jersey, Connecticut and Illinois, and operate one broadcasting station and
supply practically all the programs for another broadcasting station, both such stations
being located in New York State. These are as follows
New York State :
Albany Knickerbocker-Press (Daily).
Albany Knickerbocker-Press (Sunday).
Albany Evening News.
Beacon News.
Newburgh News.
Elmira Star-Gazette.
Elmira Advertiser.
Elmira Telegram ( Sunday).
Ithaca Journal
Malone Telegram.
Ogdensburg Journal.
Rochester Democrat and Chronicle (Daily).
Rochester Democrat and Chronicle (Sunday).
Rochester Times-Union.
The Saratogian.
Utica Observer-Dispatch (Daily)
Utica Observer-Dispatch (Sunday).
Utica Daily Press.
wHEC, Rochester ( owned and operated by WHEC, Ire ).
WESG, studio at Elmira operated by Elmira Star-Gazette, Inc.
Connecticut :
Hartford Times.
Illinois :
Danville Commercial-News (Evening-average 5-day week).
Danville Commercial-News (Saturday only).
Danville Commercial-News ( Sunday).
New Jersey :
Plainfield Courier-News.
THE PRESS COMPANY, INCORPORATED 635
integral part of the parent organization and subject to its control,
both as to its labor and business policy." The respondents except
to these findings.
We have found that the respondent Gannett Co. owns the voting
stock of the respondent Press Co. and that the same individuals
are president, vice president, and secretary, and directors of each
respondent. In addition to the afore-mentioned stock ownership and
substantial identity of officers and directors, the record establishes
and we find that the respondent Gannett Co. directs and controls the
labor and business policies of its operating subsidiary, the respond-
ent Press Co., which functions as and is an integral part of the Gan-
nett newspaper chain. The respondent Gannett Co.'s direction and
control of the major incidents of employment of the employees here
involved is manifest from the activities of both respondents, more
fully discussed in Section III infra. The extent and character of the
direction and control exercised by the parent organization is other-
wise evidenced by the proceedings at the 1937 spring conference of
editors of the Gannett, Newspapers, held in Rochester, New York.4
At this conference the management outlined for the assembled editors
its views on problems relating to labor relations, advertising, pro-
duction costs, and other subjects of concern in the operation of its
newspapers, and "Clinics" 8 or group discussions participated in by
the editors and "Central Office" 6 personnel were held.
The respondents contend that each corporate entity is completely
Autonomous and direct our attention to the testimony of A. J. Mc-
Donald, publisher of the respondent Press Co.'s Albany newspapers
and treasurer and director of that corporation, in support of this
contention. While McDonald asserted such autonomy in his testi-
mony, the record in its entirety does not support the assertion?
Section 2 (2) of the Act provides that the term "employer" as used
in the Act ". . . includes any person acting in the interest of an
employer, directly or indirectly . . ." Section 2 (1) of the Act pro-
vides "The term `person' includes . . . corporations . . ." On the
4 These proceedings were reported in the June 10, 1937, issue of a Gannett publication
entitled "The Bulletin " published at Rochester , New York, for executives of the Gannett
newspapers.
So denominated in "The Bulletin."
The respondents except to the Trial Examiner ' s use of this term In his Intermediate
Report , yet the designation is used in "The Bulletin "
I In his negotiations with the Guild with reference to an agreement covering wages,
hours, and working conditions , hereinafter discussed , McDonald repeatedly disclaimed
authority to take definitive action and reiterated the necessity to take such matters up
with "Rochester ." In their exceptions the respondents interpret McDonald 's reference to
"Rochester" to mean that McDonald was merely stating the necessity to confer with the
executive officers of the respondent Press Co. who had their offices in Rochester, N. Y.
We are not persuaded by this explanation because it Ignores the dual capacities of the
policy-making executives who were officers of each respondent and the realities of the
relationship between the respondents as otherwise evidenced.
636 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
basis of the unified ownership, management and control we find that
the respondent Gannett Co. acts directly and indirectly for the
respondent Press Co. and that the respondent Gannett Co. is an
employer of the employees here involved.'
The respondent Press Co. owns, prints, publishes, and distributes
a newspaper known as the "Knickerbocker News" each weekday
afternoon throughout the year. Prior to July 1, 1937, it published
a morning newspaper known as the "Knickerbocker Press" seven
mornings a week and an afternoon newspaper each weekday after-
noon known as the "Albany Evening News." It abandoned the
morning and Sunday field on July 1, 1937, and from July 1 to
August 1, 1937, it published a weekday afternoon newspaper only,
known as the "Knickerbocker and Albany Evening News." On
August 1, 1937, the name of the respondent Press Co.'s one newspaper
was changed to the "Knickerbocker News."
During the month of June 1937 the "Knickerbocker Press" had an
average daily circulation of 34,001, of which 2.3 per cent was circu-
lated outside the State of New York. During the same month the
"Sunday Knickerbocker Press" had an average circulation of 40,333
of which 3.3 per cent was circulated outside the State of New York.
In June 1937 the "Albany Evening News" had an average circulation
of 41,614, of which 3 per cent was circulated outside the State of
New York. During the month of July 1937, the "Knickerbocker
Press-Albany Evening News" had an average circulation of 56,789,
of which 3 per cent was circulated outside the State of New York.
During the month of September 1937, the "Knickerbocker News,"
which was the one newspaper published by the respondent Press Co.
during that month, had an average circulation of 55,875, of which
1 per cent was circulated outside the State of New York.
During the year ending September 1936 the "Sunday Knicker-
bocker Press" had an average circulation of 48,838, of which 47,464
copies were delivered in the State of New York, 413 copies in the
State of Massachusetts, 895 copies in the State of Vermont, and 66
copies in all other States." The daily "Knickerbocker Press," for the
year ending September 30, 1936, had an average circulation of 31,584,
of which total 31,098 copies were circulated within the State of New
York, 165 copies in the State of Massachusetts, 252 copies in the State
8National Labor Relations Board v . Wm. Randolph Hearst, at at. (C. C . A. 9th)
decided March 23, 1939 , 102 F. (2d) 658; see also National Labor Relations Board V.
Christian A. Lund, doing business as C. A. Lund Co. and Northland Ski Manufacturing
Co. (C. C. A. 8th) decided May 10, 1939, 103 F. (2d) 815; National Labor Relations
Board v. Pennsylvania Greyhound Lines, Ino., 303 U. S. 261 ; Consolidated Edison Co. V.
National Labor Relations Board, 305 U. S. 197.
9 The circulation figures in this paragraph are based upon the Audit Bureau of
Circulation Reports.
THE PRESS COMPANY, INCORPORATED 637
of Vermont, and 69 copies in all other States. For the same period,
"Albany Evening News" had a circulation of 46,759, of which total
44,953 copies were circulated in the State of New York, 122 copies in
the State of Massachusetts, 1,647 copies in the State of Vermont, and
37 copies in all other States.
The cost of newsprint paper, ink, and type metal represents about
90 per cent of the raw material cost. The cost of newsprint paper
and ink alone, depending on the market, will range from 10 per cent
to 30 per cent of the cost of production of the newspaper. From
January 1 to July 31, 1937, the respondent Press Co. purchased
5,870 000 pounds of newsprint paper of the value of $123,700. More
than 90 per cent of this amount, in dollar value, came from mills
located in Canada. During the same period 100,000 pounds of ink,
valued in excess of $3,000 was shipped to the respondent Press Co. at
Albany, New York, from Rutherford, New Jersey.
The respondent Press Co. is a member of the Associated Press, a
corporation engaged in the collection and interchange of information
and intelligence for publication in newspapers, both in the United
States and foreign countries. This membership entitles the respond-
ent Press Co. to news secured by the Associated Press from sources
throughout the United States and from foreign countries. The Asso-
ciated Press in turn receives the exclusive use for publication of all
local news and of certain types of news dispatches published in the
paper of the respondent Press Co. The Associated Press reports are
sent to the respondent Press Co.'s editorial room and the Associated
Press picks up reports to which it is entitled from the respondent
Press Co., daily. The Associated Press' Albany office handles about
180,000 words a day. Prior to July 1, 1937, respondent Press Co.
took about half of that report. The Albany office of the Associated
Press sends out about 36,000 words a day, about 200 or 300 of which
usually are taken from material furnished by the respondent Press
Co. In addition to the material interchanged with the Associated
Press, a great many of the respondent Press Co.'s daily features,
such as syndicated articles and comic strips originated in sources
outside of New York State.
Between June 1, 1937, and June 30, 1937, J. P. McKinney and Son,
New York City, handled 22.05 per cent of the total advertising of
the "Knickerbocker Press" and "Albany Evening News," 28.81 per
cent of which was paid for by agents and advertisers outside of the
State of New York. The remaining advertising not handled by
J. P. McKinney and Son was local.
The respondent Press Co. employed 514 employees prior to July 1,
1937, and 356 employees subsequent to that date.
638 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
Tri-City Newspaper Guild of Albany, Troy and Schenectady, New
York, is a labor organization affiliated with the Committee for In-
dustrial Organization, admitting to membership all employees of
newspapers published in the cities of Albany, Troy, and Schenectady
engaged in editorial work, except supervisory employees.
III. THE UNFAIR LABOR PRACTICES
A. The background of the unfair labor practices
The Guild was organized among the respondent Press Co.'s em-
ployees either late in 1933 or early 1934. Between the date of the
Guild's organization and 1936 there were conferences between the
management and the Guild but no collective contract was sought.
In March 1936 the Guild presented to the respondent Press Co. a
proposed, contract relating to all editorial department employees.
Negotiations on the proposed contract continued from March 1936,
until February 1937. In these conferences the management was
represented by the publisher, first Arthur D. Hecox, and then his
successor, A. J. McDonald, by B. J. Lewis, the editorial director, and
by M. V. Atwood, known as the associate director of the Gannett
newspapers, who came from Rochester for several of the conferences.
At each conference in which he participated, McDonald informed the
Guild committee that he had no power to reach a final agreement
with the Guild, but that if any tentative agreement was reached he
would recommend it to "Rochester" for final approval. On Febru-
ary 11, 1937, a tentative agreement on certain points concerning
wages, hours, and working conditions was reached with McDonald,
who stated that he would recommend it to "Rochester."
On February 27, 1937, McDonald met with the Guild committee
and without any reference to the tentative agreement of February 11,
submitted to the Guild a proposed statement of policy to be placed on
a bulletin board. There was practically no similarity between the
terms of this proposed statement of policy 10 and the tentative agree-
ment of February 11. The proposed statement was approximately the
same in form and substance as a bulletin-board statement to which the
Guild had agreed with the Hearst newspaper in Albany at about the
same time. On March 2, 1937, the Guild rejected McDonald's pro-
posal and submitted new demands, including a demand for a closed
10 The first paragraph of this statement reads as follows :
The following is a statement of the employment policy of the Press Co. for news
and feature departments . This is not a contract but it is a policy in operation on
these papers , reached in conferences with the negotiating committee of the Tri-City
Newspaper Guild It will be continued for one year and as long as economic condi-
tions justify thereafter.
THE PRESS COMPANY, INCORPORATED 639
shop, together with a written protest which said in part, "the Guild
now recognizes that the Press Co. tactic has been to `stall' the Guild
until agreement was reached between the Guild and the opposition
paper in Albany; and then to concede the Guild only as much as the
opposition agreement made necessary," and furthermore, "the Guild
has evidence of numerous examples of vicious efforts to destroy the
Guild in the Press Co. and to intimidate its members." A copy of the
protest was mailed to both Gannett and Atwood in Rochester, New
York. At the same time the Guild passed a provisional strike resolu-
tion setting the deadline for a favorable reply from the management
for March 7, 1937. On March 2, 1937, the Guild sent telegrams to
Gannett and Atwood in Rochester, informing them that a crisis had
been reached in the negotiations and that a meeting with a qualified
representative was necessary. On March 6, 1937, the Guild's repre-
sentatives met with Cruickshank, the secretary of each of the respond-
ents. The Guild committee informed Cruickshank of the negotia-
tions that had taken place over the past year and accused the man-
agement of persistent attempts 'at intimidation of its members. The
committee also informed Cruickshank that Lewis had recently hired
several new employees and accused him of hiring those employees with
the understanding that membership in the Guild was frowned upon.
Cruickshank replied that Gannett had no knowledge of any such in-
timidation and gave his word that the alleged intimidation would stop.
He stated that he could not agree to the Guild demand for a closed
shop, but that if this demand were waived, a settlement could be
reached. As the result of Cruickshank's assurance, the. Guild agreed
to waive the closed-shop demand, provided that the respondent would
communicate in writing with the three recently employed people, to
assure them that they were free to join the Guild as far as the manage-
ment was concerned, and that membership in the Guild would not
interfere with their future advancement. On March 8, 1937, the
Guild committee met with Cruickshank and McDonald, and the latter
agreed to send the letters. On March 8, 1937, the respondent posted
on a bulletin board a statement of policy signed by McDonald as to
wages and working conditions to be effective for a year. This state-
ment of policy contained substantially the same substantive provi-
sions included in the Guild's tentative agreement with McDonald on
February 11.
B. Interference, restraint, and coercion
The record leaves no doubt of the respondents' hostility and active
opposition to the unionization of their editorial employees. This
hostility and opposition was manifested openly in the statements and
640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
acts of Byron J. Lewis, the respondent Press Co.'s editorial director,
who was the official in direct charge of the editorial department em-
ployees. Soon after Lewis became associated with the Albany office
of the respondent Press Co., he called individual members of the staff
to his desk to inquire as to their background. Wanhope, one of the
individuals named in the complaint, was called, and after a short con-
versation, the Guild became the topic of discussion. Lewis told Wan-
hope he knew of Wanhope's connection with the Guild and asked why
they had it (the Guild) and what was the need of it. Lewis stated
that newspapermen could get more without the Guild; that Gannett
was a fine man; that publishers generally take care of their people very
well; that there was no need for newspapermen to organize and form
a labor union. He (Lewis) likened the Guild to the hod carriers and
bricklayers, and stated that he did not think that professional men
should stoop as low as to organize a labor union. During the period of
the Guild negotiations for a contract, Lewis continually protested
that he could not run an editorial room and have a Guild there.11 On
one occasion he stated to Mowers, another individual named in the
complaint, that " `Rochester' has cut off my money because of the activi-
ties of that God-damned labor union." After consummation of the
agreement between the respondent Press Co. and the Guild, he stated
to Scannell, another individual named in the 'complaint, "The God-
damned labor union is wrecking this newspaper."
B. J. Lewis was not produced by the respondents to testify and the
foregoing statements attributed to him stand uncontroverted on the
record. The respondents except to the Trial Examiner's failure to find
the specific circumstances surrounding each of the above-mentioned
statements. We have considered the evidence to which our attention
is directed by the exceptions and find that it does not alter in any
instance the coercive character or effect of Lewis' anti-union state-
ments. We find that by those statements the respondents interfered
with, restrained, and coerced their employees in the exercise of the
rights guaranteed under Section 7 of the Act.
The Rochester office was kept currently advised by Lewis of the
Guild's activities and plans, and of the actions of individual Guild
members. Alice Raymond, who was secretary to Lewis and who typed
letters that he sent to Rochester, mostly to Atwood, testified in part as
follows :
Q. Do you know when the Guild would have its meetings?
A. Usually on Sunday.
Q. When would you get dictation about the Guild meeting?
A. Usually on Monday.
11 Lewis' attitude toward the Guild is further revealed by the fact that in a conversa-
tion with Hyde, former managing editor of the respondents ' Albany papers, Lewis
alluded to members of the Guild as "Guild rats."
THE PRESS COMPANY, INCORPORATED 641
Q. What would be the general nature of the dictation about the
Guild meetings?-
A. Relating to what went on at the meetings and what the
Guild was planning.
Q. Were names mentioned of particular members who took part
in the meeting?
A. As I recall, yes.
She further testified that active Guild members, such as Janet Scott,
Wanhope, and Scannell, were frequently mentioned in these letters.
Information that Robert McCain, a new employee in the editorial
department, would not become a member of the Guild, was considered
by Lewis as entitled to special comment in a letter to "Rochester."
The respondent offered no evidence to rebut Alice Raymond's testi-
mony, but objected to its receipt and moved to strike it on the ground
that it constituted an improper disclosure of the contents of private
papers violative of the guarantees of the Fourth Amendment. The
dictation which Lewis gave to his secretary does not fall within any
recognized category of privileged communications and there was no
infringement of constitutional guarantees in the receipt of this
evidence.
The record does not disclose the method by which Lewis secured
his information concerning the Guild which was the subject of his
Monday report to "Rochester." The respondents assert in their ex-
ceptions that the Trial Examiner disregarded evidence "which over-
whelmingly disproves any surveillance of the Guild by Lewis or
anyone else." The evidence referred to establishes that Guild mat-
ters were frequently discussed among employees about the office
without effort at concealment. We are not persuaded that such
evidence has any probative force with respect to the method Lewis
used to obtain his information concerning Guild activities. On the
contrary, the complete evidence on the point negatives any inference
that Lewis' information was obtained through casual office conversa-
tions accidently overheard.12 Furthermore, the fact that Lewis' re-
12 For instance , the testimony cited in support of the respondents exceptions on this
point included the following :
Charles Young , a non-Guild employee, who testified that he had heard conversations in
the office about Guild meetings before and after they took place, stated on cross-
examination :
Q. From the nature of their conversation , could you relate what went on at Guild
meetings?
A. I could not.
H. B. Kraft testified that he frequently talked over Guild meetings with other Guild
members but stated that his desk was about 20 feet from Lewis' desk and that there
were about 20 typewriters in the room used in relays.
White, upon whom the respondents also relied, testified in part :
Q. Did you ever speak about what went on at Guild meetings when Mr. Lewis was
present?
A. When he was in the room , but not in his hearing , to my knowledge.
642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ports usually were written on Monday morning, following a Sunday
meeting of the Guild, and the fact that his reports to "Rochester"
were relatively detailed in nature, convince us that his knowledge of
Guild activities was obtained by espionage rather than through for-
tuitous circumstances. Finally, Lewis, who was in the best position
to explain the method by which he obtained this information, did not
testify. We find that the respondents have kept under surveillance
the meetings of the Guild and the activities of its members and have
thereby interfered with, restrained, and coerced their employees in
the exercise of the rights guaranteed in Section 7 of the Act.
C. The discharges
Events leading up to the merger
On June 22, 1937, negotiations instituted in May 1937 were re-
newed between the respondents and the Hearst Newspapers which
resulted in the respondent Press Co. abandoning the morning and
Sunday field by the sale of the "Knickerbocker Press" circulation
lists to the Hearst Newspapers and in turn the respondent Press Co.
purchased from the Hearst interests the evening circulation lists of
the "Albany Times Union" which took over the morning and Sun-
day field formerly served by the "Knickerbocker Press." On June
25, 1937, McDonald informed the department heads of the re-
spondent Press Co.'s papers of the decision reached with Hearst and
instructed them "to select an adequate staff from the people best
qualified to serve their needs from the combined staffs of the two or
three papers." 13 The number of employees to be retained was not
limited by McDonald but a list of those retained was to be submitted
to him for his approval. It was Byron J. Lewis, editorial director,
who made the selection of the employees to be retained in the edi-
torial department, although Atwood 14 collaborated with him to
some extent.
About midnight of June 29, 1937, a notice was posted on the bulle-
tin boards of the abandonment of the "Knickerbocker Press" setting
forth the names of the employees retained. Of approximately 74
editorial employees, 29 were dismissed and 45 retained. Of the 29
dismissed, 27 were members of the Guild, 6 being officers; of the 45
retained 11 were not members of the Guild. On June 30, 1937, the
Guild, as a result of the merger and dismissals, passed a strike resolu-
tion conditioned upon action on certain demands including a demand
for reinstatement or placement of Guild members with other Gannett
' The Sunday edition was usually referred to as a separate paper.
'4 Publisher McDonald stated that Atwood was not employed by the respondent Press
Co., but that he "assumed" Atwood was employed by the respondent Gannett Co.
THE PRESS COMPANY, INCORPORATED 643
alewspdpers. These demands were submitted to the respondents.
McDonald informed the Guild that he,had no authority to, answer
its demands in any way, but that he would have to take the matter up
with "Rochester." The Guild committee informed McDonald "that
the persons discharged were selected in an effort on the part of the
-management to destroy the leadership of the Guild." There were,
further negotiations between the respondents and the Guild with
respect to the latter's demands, but no settlement was reached. The
parties agreed upon the intervention of a mediator of the New York
State Department of Labor, but the Guild refused to submit the
alleged discriminatory discharges to mediation, maintaining that
jurisdiction over that matter properly rested with the Board, and the
projected arbitration was abandoned. The Guild filed the, charges
in, this proceeding with the Board. ,
There is no dispute that the merger of the respondents' newspapers
necessitated a reduction in staff. The one issue to be decided in con-
-nection with the alleged discriminatory discharges is whether or not
the union membership and activities of the individuals named in the
complaint were a factor in their selection for dismissal. Before ex-
amining the facts involved in each case , we shall first discuss certain
material considerations applicable to all of them.
First, the selection of the persons to be discharged was delegated to
B. J. Lewis, who was, as we have found, actively opposed to the Guild.15
Moreover, the duty of selection was committed to Lewis despite the
respondents' full knowledge of Lewis' Guild animus, which had been
the subject of previous complaint by the Guild. Second, by reason of
his surveillance of Guild activities, Lewis was thoroughly acquainted,
not only with the Guild membership, but also with the degree of par-
ticipation of the individual members and their relative importance in
the affairs of the organization . Third, in the selection as made, 27
of the 29 employees dismissed were Guild members, including 6 of
its 9 officers . All of those named in the complaint were active mem-
bers of and office holders in the Guild. Fourth, although the duty
of selecting the restricted staff devolved on Lewis alone,- and he
alone was in a position to testify as to the basis upon which his selec-
15 The respondents in their exceptions question the failure of the Trial Examiner to
report the negative testimony of many witnesses . For example , Flood , Jackson, Mohan,
graft, and other Guild members testified that their Guild membership had not resulted
in disciimination ; other witnesses testified that they had never heard of anyone being
discharged for Guild membership , that Lewis had never attempted to influence any
employee , and that he had never discharged anyone because of Guild activities. This
negative testimony does not change in any wise our conclusions with respect to Lewis'
animus toward the Guild established , as we have found, by uncontroverted evidence of
his direct and flagrant interference with the respondents ' employees ' exercise of their
rights under Section 7 of the Act
19 Atwood who collaboi ated with Lewis in his selections to an undisclosed extent, did
mot testify.
644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion was made, he was not offered as a witness and the natural infer-
ence to be' drawn from his known bias against the Guild and the exces-
sive proportion of Guild members selected for dismissal was allowed
to stand without contradiction.
The respondents contend that the selections were made on the
'basis of the management's judgment of the fitness and ability of the
persons involved. This contention becomes meaningless because the
respondents did not elect to specify their asserted basis for judgment
of the relative fitness and ability of the individuals involved and thus
foreclosed any objective test of the alleged criteria used."
The complaint, as amended in the course of the hearing before the
Trial Examiner, alleged the discriminatory discharge of Austin J.
Scannell, John Wanhope, Henry Christman, Richard Jackson and
John Andrews, and discriminatory treatment of two others, to wit,
Ray Mowers, and Jo Leonard, resulting in their resignation from
the respondents' employ. The Trial Examiner found that charges
of unfair labor practice were sustained as to Scannell, Wanhope, and
Christman, and recommended dismissal of the complaint as to Jack-
son, Andrews, Leonard, and Mowers. No exceptions have been taken
to the Trial Examiner's findings as to Jackson and Leonard, which
are hereby affirmed without further opinion. We shall now proceed
to a consideration of the facts involved in the discharge of the remain-
ing individuals named in the complaint.
Austin J. Scannell was first hired by the respondent Press Co. in
1923, as a rewrite man at $35 a week. He left Albany after several
months' employment, returning as city editor of the "Knickerbocker
Press" at $50 a week. After several increases in salary he was trans-
ferred to the same position with the "Albany Evening News," a paper
of larger circulation, at a further increase in salary. In April or
May 1935, he became news editor, his salary again being increased,
this time to $75 a week. During 1935, Scannell, who was a charter
member of the Guild, was elected president and thereafter continued
as one of its most active members. In January 1936, he was again
made city editor of the "Albany Evening News." About May 1, 1937,
he was transferred to the city-editorship of the "Knickerbocker
Press," the less profitable of the respondent Press Co.'s newspapers,
then operating on a restricted budget with a limited personnel. The
transfer was later explained as an effort to bolster the staff of the
"Knickerbocker Press." At the time of the merger Scannell was
14 In its exceptions , the respondent Press Co. states :
"This respondent excepts to the inference of the Trial Examiner that it was required
to lay before the National Labor Relations Board the basis upon which it selected one
man as against the other in the situation which existed on June 30 , 1937, when it had
'to make a number of discharges in its editorial department."
The respondent Gannett Co. adopted this exception in its exceptions.
THE PRESS COMPANY, INCORPORATED 645
laid off. The city-editorship of the combined remaining newspaper
was given to Jerome Walker, a non-member of the Guild, whom
Scannell had replaced as city editor of the "Knickerbocker Press"
when transferred in May in order to bolster the staff of that paper.
We find that Scannell was discharged on June 30, 1937, and there-
after refused reinstatement because of his union membership and
activity.
John Wanhope was hired as a reporter in January 1929, at a
salary of $55 to $60 a week. At the time of his discharge he had had
23 years of experience and was getting $70 a week, which was above
the average pay of employees in his department. Wanhope was a
feature writer whose work had received frequent editorial praise and
had been publicly commended by Lewis himself. In May or June
1937 Wanhope was transferred to the "Knickerbocker Press," in
order, according to Lewis, to strengthen the staff. At the same time
Robert McCain, a recent employee whose refusal to join the Guild
had been made the subject of a communication from Lewis to
"Rochester," was transferred from the "Knickerbocker Press" to the
"Albany Evening News." Wanhope was the first president of the
Guild and later continued as an active member. At the time of the
merger in June 1937, Wanhope, the seasoned reporter, was dis-
charged, while McCain, a recent employee, who had been withdrawn
from the "Knickerbocker Press" when the staff of that paper needed
strengthening, was retained in the respondents' employ.
We find that John Wanhope was discharged on June 30, 1937, and
thereafter refused reinstatement because of his union membership
and activity.
Henry E. Christman was hired as a reporter in 1928, at $25 a week,
and in 1936 was receiving $35 a week. As a result of the Guild
agreement his salary was raised to $40. Christman was a charter
member of the Guild, was active on many committees and had been
elected chairman of the "Albany Evening News" unit of the Guild
for the year 1937. His wife, Zoe Fales, who worked for the Hearst
paper in Albany, was president of the Guild during the same year.
Christman was among those laid off at the time of the June merger.
His duties were taken over in the main by Julius Heller. Heller
had been expelled by the Guild in 1936 for non-payment of dues, and
had actively opposed the Guild while in charge of the respondents'
Troy office. He was transferred to Albany shortly before the merger
and was retained in the respondents' employ thereafter.
We find that the Guild activities of Zoe Fales, Christman's wife,
were an important factor in his discharge. Fales was an active par-
ticipant in representing the Guild both in negotiations with the re-
spondents for an agreement and in the presentation of grievances
187930-39-vol. 13-42
646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
At one of the conferences during negotiations for a Guild agree-
ment, in discussing the Guild demand for an increase in wages, it
was to Fales that Lewis made the statement "that he would have
to fire a lot of people if that wage agreement was allowed" giving
as an example the men on the copy desk. Christman worked on the
copy desk. Considering the proven anti-union bias on the part of
Lewis, and his disposition to replace Guild members with non-
members as demonstrated in the cases of Scannell and Wanhope
just discussed, the replacement of Christman, an employee of 9
years' standing in Albany, by Heller, transferred from Troy almost
immediately before the merger, is too equivocal to be accepted as in
good faith.
We find that Christman was discharged on June 30, 1937, and
thereafter refused reinstatement because of his union membership
and activity.
John T. Andrews was hired in April 1934, as a sports writer, at
$30 a week, and received two increases in pay, earning $40 a week
at the time of the merger. The sports department consisted of
Young, sports editor, Flood, Danforth; and Andrews, all of whom
were Guild members, and Davidson, a non-member, who had been
employed by the respondent Press Co. in January 1937. At the
time of the merger Young, Flood, and Danforth were retained in
the sports department, Davidson was assigned to the copy desk, and
Andrews was laid off. Andrews' duties were taken over by Flood,
a Guild member with greater seniority. The only question as to
discrimination arises with reference to the selection of Davidson
rather than Andrews for the copy desk. While Andrews had greater
seniority in the sports department, Davidson had more copy-desk
experience. Andrews was offered a copy-desk position on a Gannett
newspaper in Rochester which he declined in favor of a sports-
writing job in Syracuse.
We find that Andrews was not discharged because of his union
membership and activity.
Ray A. Mowers was hired by the respondent Press Co. in January
1928, as a rewrite man and reporter, at a salary of $45 a week. He
had had 20 years' prior experience. Two subsequent raises brought
his salary at the time of the merger to $55 a week. Both as a rewrite
man and as a feature-story writer Mowers was considered one of the
ablest men in his department. Just prior to the merger he was
engaged in handling "features" and "rewrites" together with his
duties as music editor with the "Sunday Knickerbocker Press" and
music commentator for the "Knickerbocker News." He was retained
after the merger but the character of his assignments was changed
from handling important news stories to routine work on obituaries,
THE PRESS COMPANY, INCORPORATED 647
the school page, and similar material, and to the preparation and
delivery of two news broadcasts daily. The work assigned him was
of a character commonly entrusted to young, inexperienced reporters
and represented a professional demotion.
Mowers was a charter member of the Guild and active in its af-
fairs. After the merger, on or about October 1, 1937, he was made
temporary chairman of the Guild unit. At approximately the same
time Walker, the city editor, informed him that Lewis wanted him
to take over the school page that year. In view of Mowers' previous
experience and satisfactory record, the material alteration in his
duties can be assigned only to an intent to demean his services and
induce his resignation. The effort was successful and Mowers
resigned in disgust at the end of October 1937.
We find that Mowers' resignation was induced by the respondents'
discriminatory treatment of him because of his union membership
and activity and amounted to a constructive discharge.,,,
We find that by discharging and refusing to reinstate Austin J.
Scannell, John Wanhope and Henry Christman, the respondents dis-
criminated with respect to their hire and tenure of employment, and
by altering the duties of Ray Mowers to demean his services and by
discharging him, the respondents discriminated with respect to his
terms, conditions, and tenure of employment, thereby discouraging
membership in the Guild, and interfering with, restraining, and
coercing their 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 the respondents set forth in Section III above,
occurring in connection with the operations 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 com-
merce and the free flow of commerce.
THE REMEDY
Having found that the respondents have engaged in unfair labor
practices, we will order each of them to cease and desist therefrom
and to take certain affirmative action designed to effectuate the poli-
cies of the Act and to restore as nearly as possible the condition
which existed prior to the,commission of the unfair labor practices.
is Matter of Clover Fork Coal Company and District 19, United Mine Workers of America,
4 N. L R. B 202 , enforced in Clover Fork Coal Company v. National Labor Relations
Board, 97 F. (2d) 331 (C. C. A. 0th, 1938) ; Matter of Waggoner Refining Company, etc.
and International Association of Ott Field, Gas Well, and Refinery Workers of America,
6 N. L. R . B. 731.
648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We have found that Austin J. Scannell, John Wanhope, and Henry
E. Christman were discharged on June 30, 1937, and Raymond H.
Mowers ceased his employment about the end of October 1937 as
a consequence of the respondents' unfair labor practices. We shall,
therefore, order the respondents to offer them reinstatement to their
former or substantially equivalent positions prior to the discrimina-
tion against them with back pay. The offer of reinstatement shall
be without prejudice to their seniority and other rights and
privileges.
The respondents will be required to pay Austin J. Scannell, John
Wanhope, and Henry E. Christman, an amount equal to that which
each of them would have earned as wages during the period from
the date of his discharge to the date of his offer of reinstatement,
less his net earnings 19 during that period, and less any severance pay
which might have been given to him. Since the Trial Examiner did
not find in his Intermediate Report that Raymond H. Mowers was
discriminatorily discharged, the respondents could not have been
expected to reinstate Mowers after they received the Intermediate
Report (dated May 10, 1938) and therefore should not be required
to pay back pay from that time to the date of this Decision.20
Accordingly, we will require the respondents to pay Raymond H.
Mowers an amount equal to that which he would have earned as
wages during the period from the date of his discharge from the
respondents' employ to the date of the Intermediate Report, May 10,
1938, and from the date of this Decision to the date of his offer
of reinstatement, less his net earnings 21 during those periods and less
any severance pay which may have been given to him.
Upon the basis of the foregoing findings of fact and upon the
entire record in the proceeding, the Board makes the following :
CONCLIISIONS OF LAW
1. The respondent, Gannett Co. is an "employer" of the employees
here involved within the meaning of Section 2 (2) of the Act.
19 By "net earnings" is meant earnings less expenses , such as for transportation, room,
and board , incurred by an employee in connection with obtaining work and working else-
where than for the respondent , which would not have been incurred but for his unlawful
discharge and the consequent necessity of his seeking employment elsewhere . See Matter
of Crossett Lumber Company and United Brotherhood of Carpenters and Joiners of
Amer", Lumber and Sawmill Workers Union , Local 2590, 8 N. L. R . B. 440. Monies
received for work performed upon Federal, State , county, municipal , or other work-relief
projects are not considered as earnings , but, as provided below in the Order, shall be
deducted from the sum due the employee , and the amount thereof shall be paid over to
the appropriate fiscal agency of the Federal, State, county, municipal , or other govern-
ment or governments which supplied the funds for said work -relief projects.
20Matter of E. R. H'affeifinger Company, Inc. and United Wall Paper Crafts of North
America, Local No. 6, 1 N. L. R . B. 760; Matter of Mann Edge Tool Company and Federal
Labor Union No. 18779, 1 N. L. R . B. 977.
21 See footnote 19, supra.
THE PRESS COMPANY, INCORPORATED 649
2. Tri-City Newspaper Guild of Albany, Troy, and Schenectady,
New York, affiliated with the Committee for Industrial Organiza-
tion, is a labor organization within the meaning of Section 2 (5) of
the Act.
3. 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.
4. By discriminating against Austin J. Scannell, John Wanhope,
and Henry E. Christman in regard to their hire and tenure of
employment, and against Raymond H. Mowers in regard to his terms,
conditions, and tenure of employment and thereby discouraging
membership in the Tri-City Newspaper Guild of Albany, Troy, and
Schenectady, New York, the respondents have engaged in and are
engaging in unfair labor practices within the meaning of Section
8 (3) of the Act.
5. The aforesaid unfair labor practices are unfair labor practices
affecting commerce, within the meaning of Section 2 (6) and (7) of
the Act.
6. The respondents have not engaged in an unfair labor practice
within the meaning of Section 8 (3) of the Act with respect to
Richard Jackson, John Andrews, and Jo Leonard.
ORDER
Upon the basis of the foregoing findings of fact and conclusions
of law, and pursuant to Section 10 (c) of the National Labor Rela-
tions Act, the National Labor Relations Board hereby orders that
the respondents The Press Co., Inc., and The Gannett Co., Inc., and
their officers, agents, successors, and assigns shall:
1. Cease and desist from :
(a) Discouraging membership in the Tri-City Newspaper Guild
of Albany, Troy, and Schenectady, New York, or any other labor
organization of their employees, by discharging or refusing to rein-
state any of their employees, or in any other manner discriminating
in regard to their hire and tenure of employment or any term or
condition of employment;
(b) In any manner exercising surveillance over the meetings or
meeting places of the Tri-City Newspaper Guild or the union activi-
ties of their employees ;
(c) In any manner interfering with, restraining, or coercing their
employees in the exercise of their rights to self-organization, to form,
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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) Offer to Austin J. Scannell, John Wanhope, Henry E. Christ-
man, and Raymond H. Mowers immediate and full reinstatement to
their former or substantially equivalent positions prior to the re-
spondents discrimination against them without prejudice to their
seniority and other rights and privileges;
(b) Make whole Austin J. Scannell, John Wanhope, and Henry E.
Christman, for any loss of pay they may have suffered by reason of
their discharge by payment to each of them, respectively, of a sum
of money equal to that which he would have earned as wages during
the period from the date of his discharge to the date of the offer of
reinstatement, less his net earnings 22 and less any severance pay
which might have been given to him; deducting, however, from said
net earnings, monies received by him during said period for work
performed upon Federal, State, county, municipal, or other work-
relief projects; and pay over the amount so deducted to the appro-
priate fiscal agency of the Federal, State, county, municipal, or other
government or governments which supplied the funds for said work-
relief projects;
(c) Make whole Raymond H. Mowers for any loss of pay he may
have suffered by reason of the discrimination against him by payment
to him of a sum of money equal to that which he would have earned
as wages during the period from the date of his discharge at the end
of October 1937 until May 10, 1938, and from the date of this Order
to the date of the offer of reinstatement, less his net earnings 22 during
those periods, deducting, however, from said net earnings , monies
received by him during said period for work performed upon Federal,
State, county, municipal, or other work- relief projects ; and pay over
the amount so deducted to the appropriate fiscal agency of the Fed-
eral , State, county, municipal, or other government or governments
which supplied the funds for said work -relief projects;
(d) Post immediately in conspicuous places in the editorial depart-
ment of the respondents ' Albany plant, a notice stating (1) that the
respondents will cease and desist as provided in paragraphs 1 (a),
(b), and (c) of this Order; (2) that employees are free to remain or
become members of the Tri-City Newspaper Guild of Albany, Troy
and Schenectady, New York, and that the respondents will not dis-
criminate against any employee because of such membership; and (3)
maintain such notices for a period of at least sixty ( 60) days from the
date of posting;
0 See footnote 19, 8upra.
THE PRESS COMPANY, INCORPORATED 651
(e) Notify the Regional Director for the Second Region in writing
within ten (10) days from the date of this Order what steps the re-
spondents have taken to comply herewith.
AND IT is FURTHER ow m= that the allegations of the complaint
that the respondents have engaged in unfair labor practices within
the meaning of Section 8 (3) of the Act with respect to Richard
Jackson, John Andrews, and Jo Leonard be, and they hereby are,
dismissed.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Decision and Order.