Knoxville News-Sentinel Co. Inc.

672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1957, I shall recommend, in accordance with Board policy as expressed :n the Mahon case, supra, that the Respondent Diamond be ordered to resume such opera- tions and to offer reinstatement to the dischargees in the manner described above The fact that the Respondent Diamond in committing the unfair labor practices may have created a problem for itself and the Respondents by entering into agreements or arrangements with Gwaltney and Corebel for the performance of this work, which was formerly performed by the dischargees for the Respondents and Schoon- maker's other concerns, is no reason for not recommending issuance of the customary reinstatement and backpay order This policy was affirmed in Drennon Food Prod- ucts Co, 122 NLRB 1353 In view of the nature of the unfair labor practices committed, the commission of similar and other unfair labor practices reasonably may be anticipated I shall therefore recommend that the Respondents be ordered to cease and desist from in any manner infringing upon rights guaranteed to the employees by Section 7 of the Act The General Counsel points out that Ball as successor to Dearborn is liable for the unfair labor practices It appears that Ball is a successor to Dearborn and as such may be responsible for remedying the unfair labor practices found herein Of course, the recommended order includes successors Since Ball is not a Re- spondent nor a party to the proceedings I will not recommend any specific action be taken by him Upon the basis of the foregoing findings of fact, and upon the entire record in the case, I make the following CONCLUSIONS OF LAW I The Respondents, and each of them, are engaged in commerce within the mean- ing' of Section 2(6) and (7) of the Act and constitute a single employer for the purposes of the Act 2 The Union is a labor organization as defined in Section 2(5) of the Act 3 By discriminatorily discharging the employees listed in Appendix A the Re- spondents have engaged in and are engaging in unfair labor practices within the meaning of Section 8 (a) (3) and (1) of the Act 4 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 practices within the meaning of Section 8(a)(1) of the Act 5 The aforesaid unfair labor practices are unfair labor practices affecting com- merce within the meaning of Section 2(6) and (7) of the Act 6 By discharging Ralph Riley the Respondents have not engaged in unfair labor practices in violation of Section 8 (a) (3) and (1) of the Act [Recommendations omitted from publication I APPENDIX A Leonard Trofford Charles Pickerel Frank Ramey Robert Gus Ropp Morris Wright Gene Smith Donald Furman Roland DuVall Dorris Wright Ronald Houchings Glenn French Knoxville News-Sentinel Company, Inc. and Mailers Local Union #83, International Typographical Union, AFL-CIO. Case No AO-1 December 10, 1959 ADVISORY OPINION A petition hasbeen filed by Mailers Local Union #83, International Typographical Union, AFL-CIO, herein called Local #83, IT U, pursuant to Section 102 98 of the Board's Rules and Regulations, 125 NLRB No 84 KNOXVILLE NEWS-SENTINEL COMPANY, INC. 673 praying for an advisory opinion by the Board as to whether it would assert jurisdiction over the operations of Knoxville News-Sentinel Company, Inc., and it appears from said petition that : 1. There is now pending before the Chancery Court at Knoxville, Tennessee, a suit in equity numbered 40551, in which Edward L. Bodenheimer, Douglas Holt, and Knoxville Mailers Union #83 of the International Mailers Union, Ind., herein called Local #83, Ind., are complainants, and Knoxville News-Sentinel Company, Inc., herein called the Employer, and Local #83, I.T.U., are defendants. 2. On or about June 5, 1959, Walter J. Pearson, an employee of the Company, filed a petition with the Board, Case No. 10-RD-232, for an election to decertify Local #83, Ind., as recognized bargaining agent of the Employer's mailroom employees. 3. In connection with said Case No. 10-RD-232, a stipulation for certification upon consent election was signed on September 9, 1959, by said Pearson, Local #83, Ind., and the Employer, and approved by the Board's Regional Director on September 10, 1959, in which it was stipulated that the Employer "is engaged in commerce within the meaning of Section 2(6) of the National Labor Relations Act. ... The Employer is a Tennessee corporation with offices and prin- cipal place of business located in Knoxville, Tennessee, where it pub- lishes daily and Sunday the Knoxville News-Sentinel. During the past year its gross income has been in excess of $200,000. The Em- ployer is a subscriber to the wire service of the United Press and the Associated Press. Goods, materials and services are received from sources outside the State annually, valued in excess of $50,000." 4. No response has been received from said Bodenheimer, Holt, Local #83, Ind., or the Employer. On the basis of the above, the Board is of the opinion that: 1. The Employer is engaged in the business of publishing news- papers. 2. The Employer is engaged in commerce within the meaning of Section 2(6) of the National Labor Relations Act, as amended, now known as the Labor Management Relations Act, 1947, as amended. 3. The Employer subscribes to interstate news services and its gross volume of business exceeds $200,000 annually. 4. The Board's standard for exercising jurisdiction over a news- paper which subscribes to an interstate news service, is a minimum gross annual volume of business of $200,000. Accordingly, the parties are advised, pursuant to Section 102.103 of the Board's Rules and Regulations, that the Board would assert jurisdiction over the operations of the Employer with respect to labor disputes cognizable by the Board under Sections 8, 9, or 10 of the Act. Belleville Employing Printers,122 NLRB 350.