The Times-Picayune Publishing Co.

National Labor Relations Board - Board Decisions

Dec 17, 1940

28 N.L.R.B. 651 (N.L.R.B. 1940)

In the Matter of THE TIMES-PICAYUNE PUBLISIIING COMPANY and
INTERNATIONAL PHOTO-ENGRAVERS UNION LOCAL # 42, AFFILIATED
WITH THE A. F. OF L.
Case No. C-1750-Decided December 17,1940
Jurisdiction : newspaper publishing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Warren Woods, for the Board.
Mr. L. K. Nicholson, of New Orleans, La., for the respondent.
Mr. Edward M. Wetton, of New Orleans, La., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and ' amended charges duly filed by International
Photo-Engravers Union Local #42, affiliated with the A. F. of L.,
herein called the Union, the National Labor Relations Board, herein
called the Board, by the Regional Director for the Fifteenth Region
(New Orleans, Louisiana), issued its complaint dated October 12, 19461
against The Times-Picayune Publishing' Company, New Orleans,
Louisiana, 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) and (3) 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
thereon were duly served upon the respondent and the Union.'
Concerning the unfair labor practices, the complaint alleged, in
substance, (1) that the respondent discharged three named employees
because of their membership in and activities in behalf of the Union;
(2) that the respondent warned its employees against voting for the
Union in an election at its plant, threatened said employees with loss
of employment if they became prominent in the Union, told its em-
I This proceeding was originally consolidated with another proceeding against the
respondent. It was severed from the other proceeding by an order of the Board dated
December 10, 1940.
28 N. L. R. B, No. 96
651
652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees that it would never deal with the Union, and made abusive
and scurrilous remarks about the Union; and (3) that by these and
other acts the respondent interfered with, restrained, and coerced
its employees in the exercise of the rights guaranteed in Section 7 of
the Act. On October 22, 1940, the respondent filed an answer deny-
ing the commission of the unfair labor practices alleged in the
complaint.
.Prior to a hearing, the Company, the Union, and counsel for the
Board entered into a stipulation and supplemental stipulation dated
November 8 and 30, 1940, respectively. This stipulation, as supple-
mented, provides as follows :
The Times-Picayune Publishing Company (hereinafter re-
ferred to as the respondent) by its President, L. K. Nicholson;
the International Photo-Engravers Union, Local 442, affiliated
with the A. F. of L. (hereinafter referred to as the union) by its
Representative, Edward N. Wetton, and Warren Woods, Attor-
ney, National Labor Relations Board, Fifteenth Region (herein-
after referred to as the Board), hereby stipulate and agree as
follows :
On or about October 11, 1940, the union filed with the Regional
Director of the National Labor Relations BQard, Fifteenth
Region, a charge containing the following allegations :
That the respondent.had violated Section, 8, subsections (1)
and (3) of the National Labor Relations Act, in that the
respondent on or about May 20, 1940, had interfered with the
conduct of an election held by the Labor Board among its em-
ployees, and in that on or about May'22, 1940, respondent dis-
charged-James L. Richards because of his membership in and
activity in behalf of the International Photo-Engravers Union,
Local #42. The union is a labor organization within the mean-
ing of Section 2, subsection (5) of the National Labor Relations
Act.
1. Respondent acknowledges service upon it of a formal com-
plaint issued by the. Regional Director for the Fifteenth Region
of the National Labor Relations Board. Respondent specifically
waives its right to participate in a hearing before a Trial Exam-,
iner of the Board, to receive an Intermediate Report, and to
file any exceptions thereto. -
2. Respondent is a corporation chartered under and by virtue
of the laws of the State of Louisiana, having its office and prin-
cipal place of business in New Orleans, Louisiana. It is engaged
in a business of publishing certain newspapers, to wit : The New
Orleans morning Times-Picayune, the New Orleans afternoon
States, and the Sunday Times-Picayune-New Orleans States.
THE TIMES-PICAYUNE PUBLISHING COMPANY 653
Approximately 20% of the circulation of respondent 's news-
papers is to points outside of the State of Louisiana, and is dis-
tributed by U. S. Mails and by its own trucks and facilities from
the City of New Orleans , where the plant of respondent is
located, to such other states. Respondent utilizes in the pub-
lishing of its newspaper press services , such as the Associated
Press and United Press; feature services ; syndicated news
articles ; the services of special correspondents located in states
of the United States other than the State of Louisiana; and
national advertising agencies and services . Approximately 90%
in value of its raw materials used in the production of its news-
papers consists of news print which is purchased in Canada and
transported therefrom to New Orleans; 'approximately 5% in
value of said raw materials consist of ink which is manufac-
tured in New Orleans and purchased there; the remaining 5% of
said raw materials is purchased partially in New Orleans and
partially in states of the United States other than the State of
Louisiana.
For the purpose of this proceeding only, respondent admits
that it is subject' to the jurisdiction of the National ' Labor Rela-
tions Board, and is engaged in interstate commerce within the
meaning of Section 2 , subsection ( 6) of the National Labor
Relations Act.
. The respondent , the Times-Picayune Publishing Company,
having filed its answer denying all allegations in said complaint :
3. It is further stipulated and agreed by the parties that the
Board may enter an Order herein , and the parties specifically
waive their right to the making of findings of fact and conclusions
of law by the Board.
4. On the basis of the foregoing facts, the pleadings and the
record herein , respondent and the union agree that the Board may
enter a compliance and consent Order as follows :
ORDER
Upon the basis of this stipulation and the pleadings, the
National Labor Relations Board hereby orders that the re-
spondent, its officers, agents, successors and assigns :
1. Will not '
(a) In any manner discourage membership in the Interna-
tional Photo-Engravers Union, Local #42, affiliated with the
A. F. of L. or any other_ labor organization of its employees
in the 'Photo-Engraving Department, by laying off , discharg-
ing or refusing to reinstate or otherwise discriminating against
its employees in respect to their hire or tenure of employment.
654 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) In any manner interfere with, restrain or coerce its
employees in the exercise of their right to self-organization,
to form, join or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and to
engage in concerted activity for the purpose of collective bar-
gaining and other mutual aid and protection as guaranteed in
Section 7 of the National Labor Relations Act.
2. Take the following affirmative action to effectuate the
policies of the Actt:
(a) Offer to James L. Richards immediate and full rein-
statement, without back pay, to his former or a substantially
equivalent position.
(b) Post immediately in conspicuous places in its Photo-
Engraving Department, and maintain for a period of thirty
consecutive days from posting, notices to its employees stating
that the respondent will not engage in the conduct described
above in paragraph 1 (a) and( b).
(c) Notify the Regional Director for the Fifteenth Region
in writing within ten (10) days from the date of this Order
what steps the respondent has taken to comply therewith.
5. The record shall consist of the amended charge, the com-
plaint, the answer, and this stipulation and the record,before
this examiner, and said record shall be filed with the Chief Trial
Examiner of the National Labor Relations Board who has offices
in the Shoreham Building, Washington, D. C. -
6. The respondent hereby • consents to the entry by an ap-
propriate Circuit Court of Appeals of the United States of a de-
cree enforcing an Order of the Board in the form above and
expressly waives its right to receive notice of the filing of an
application for the entry of such decree.
7. It is further understood and agreed between the parties to
this stipulation that upon approval of this stipulation the Board
will issue an Order vacating its Order of Consolidation of Cases
Nos. XV-C-519 and XV-C-525, and that nothing in this stip-
ulation is to be construed as representing an admission of the
commission of any of the unfair labor practices alleged in the
complaint issued in the consolidated cases. It is further under-
stood and agreed that this stipulation applies only to the em-
ployees of the Photo-Engraving Department of The Times-
Picayune Publishing Company.
8. The entire agreement of the undersigned parties is con-
tained within the terms of this stipulation and there is no
verbal agreement of any kind which varies, alters, or adds to
this stipulation.
THE TIMES -PICAYUNE PUBLISHING COMPANY 655
9. This entire stipulation, and the proposed Order contained
herein, is subject to the approval of the National Labor Rela-
tions Board, and shall have no force or effect until such approval
has been given.
On December 10, 1940, the Board issued an order approving the
above stipulation and supplemental stipulation, making them a part
of the record, and, pursuant to Article III, Section 10, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
transferring the proceeding to the Board for the purpose of entry
of a decision and order pursuant to the provisions of the stipulation.
Upon the basis of the above stipulation, as supplemented, and the
entire record in the case , the Board makes the following.:
FINDINGS OF FACT
1. THE BUSINESS OF TIIE RESPONDENT
The Times -Picayune Publishilig Company is a Louisiana Cor-
poration with its office and principal place of business in New Or-
leans, Louisiana , - where it is engaged in the business of publishing
certain newspapers . Approximately 20 per cent of the circulation
of the newspapers published by the respondent is circulated by it
in points outside the State of Louisiana . The respondent utilizes
in the publishing of its newspapers , press service , feature service,
syndicated news articles , and the services of special correspondents
located in States other than Louisiana . Approximately 90 percent
of the raw materials used by the Company are purchased by it in
Canada. The respondent admits that for the purpose of this pro-
ceeding it is engaged in interstate commerce within the meaning of
Section 2 ( 6) of the Act.
We find that the above -described operations constitute a contin-
uous flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of this stipulation and the pleadings , the National
Labor Relations Board hereby orders that the respondent , its officers,
agents, successors, and assigns.
1. Will not
(a) In any manner discourage membership in the International
Photo-Engravers Union, Local #42, affiliated with the A. F. of L.,
or any other labor organization of its employees in the Photo-
Engraving Department, by laying off, discharging, or refusing to
reinstate ,. or otherwise discriminate against its employees in respect
to their hire and tenure of employment.
656 DECISIONS ' OF NATIONAL LABOR RELATIONS BOARD
(b) In any manner interfere with, restrain, or coerce its employ-
ees in the exercise of their right 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 ac-
tivity for the purpose of collective bargaining and other mutual aid
and protection as guaranteed in Section 7 of the National Labor
Relations Act.
2. Take the following affirmative action to effectuate the policies
of the Act :
(a) Offer to James L. Richards immediate and full reinstatement,
without back pay, to his former or a. substantially equivalent posi-
tion.
(b) Post immediately in conspicuous places in its Photo-Engrav-
ing Department , and maintain for a period of thirty ( 30) consecu-
tive days from posting , notices to its employees stating that the re-
spondent will not engage in the conduct described above in para-
graphs 1 (a) and (b).
(c) Notify the Regional Director for the Fifteenth Region in
writing within ten (10 ) days from the date ofthis Order, what
steps the respondent has taken to comply therewith.