Wire Service Guild, Local 222

WIRE SERVICE GUILD, LOCAL 222 Wire Service Guild, Local 222 ; Hawaii Newspaper Guild, Local 117, AFL-CIO; ILWU Local 142; Litho raphers & Photoengravers International Unio Local 201, AFL-CIO; International Association of Machinists & Aerospace Workers, District Lodge 151, AFL-CIO; Honolulu Printing Pressmen & Assistants' Union No. 413, AFL-CIO; and Honolulu Typographical Union No. 37, AFL- CIO and Hawaii Newspaper Agency, Inc., Advertiser Publishing Company, Ltd., and Honolulu Star-Bulletin, Inc. Case 37-CC-69 June 30, 1969 DECISION AND ORDER BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND JENKINS Upon a charge filed by Hawaii Newspaper Agency, Inc., Advertiser Publishing Company, Ltd., and Honolulu Star-Bulletin, Inc., herein called the Employer, the General Counsel for the National Labor Relations Board , by the Regional Director for Region 20, issued a complaint and notice of hearing 'dated February 19, 1969, against Wire Service Guild, Local 222, herein called Respondent Wire Service Guild, Hawaii Newspaper Guild, Local 117, AFL-CIO, herein called Respondent Hawaii Newspaper Guild, ILWU Local 142, herein called Respondent ILWU, Lithographers & Photoengravers International Union Local 201, AFL-CIO, herein called Respondent Lithographers, International Association of Machinists & Aerospace Workers, District Lodge 151, AFL-CIO, herein called Respondent IAM, Honolulu Printing Pressmen & Assistants' Union No. 413, AFL-CIO, herein called Respondent Printing Pressmen, and Honolulu Typographical Union No. 37, AFL-CIO, herein called Respondent ITU, and all jointly herein called the Respondents, alleging that the Respondents had engaged in, and were engaging in, unfair labor practices within the meaning of Section 8(b)(4)(i) and (ii)(B) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charge, the complaint, and the notice of hearing before a Trial Examiner were duly served on the parties to this proceeding. The complaint contained a notification that, pursuant to Sections 102.20 and 102.21 of the Board's Rules and Regulations, Series 8, as amended, the Respondents were required to file with the Regional Director for Region 20, within 10 days from the service of said complaint, answers to the complaint, and that, unless they did so, all the allegations in the complaint would be deemed to be admitted to be true and would be so found by the Board. No answers to the complaint were received. By letter dated April 23, 1969, to Respondents' counsel, the General Counsel, by the Officer-In-Charge of the Board's Subregion 37, 177 NLRB No. 26 585 notified the Respondents' of the requirement, set forth in the complaint and in the Board's Rules and Regulations, that Respondents file answers, that such answers must be received by the Subregional Office no later than the close of business on April 28, 1969, and that in the absence of answers, a motion for summary judgment would be filed in the matter. No answers to the complaint were received. Thereafter, under the date of April 30, 1969, Counsel for the General Counsel, herein called the General Counsel, filed with the Board in Washington, D.C., a motion for default judgment. Attached to the motion and incorporated therein were copies of the charge, the complaint and notice of hearing, the affidavit of service and registered return receipt showing delivery of the complaint and notice of hearing, and the letter dated April 23, 1969. In his motion, the General Counsel moved that, since the Respondents failed and refused to file answers to the complaint as required, the Board find that the Respondents have violated Section 8(b)(4)(i) and (ii)(B) of the Act, and issue a Decision and Order in conformity with the allegations of the complaint. On May 8, 1969, the Board issued an Order Transferring Proceeding to the Board and Notice to Show Cause, notifying the parties to show cause, in writing, filed with the Board in Washington, D.C., on or before May 19, 1969, why the General Counsel's motion for default judgment should not be granted. No responses to the notice to show cause were received by the Board within the time provided therefor. Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this proceeding to a three-member panel. Ruling on Motion for Default Judgment The record before us establishes that a complaint and notice of hearing was issued in the above-entitled proceeding on February 19, 1969, which was received by counsel for the Respondents on February 20, 1969, and that no answer was filed within the time provided for under the Board's Rules and Regulations. By letter dated April 23, 1969, the General Counsel apprised the Respondents of the requirement that answers be filed to the complaint, and specified additional time within which to file such answers, but no answers were received within the time provided therefor. No answers having been filed by the Respondents to the complaint, no response having been filed to the motion for default judgment or to the notice to show cause, and no cause to the contrary being shown, the General Counsel's motion for default judgment is granted, and, in accordance with Section 102.20 of the Board's Rules and Regulations, the allegations of the complaint are deemed to be admitted to be true, and are so found. I 586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On the basis of the record before it , the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE FMPLOYER Advertiser Publishing Company, Ltd. and Honolulu Star- Bulletin , Inc., are engaged in the publishing , printing, sale, and circulation of two daily newspapers, Honolulu Advertiser and Honolulu Star- Bulletin, respectively. Hawaii Newspaper Agency, Inc. is a management entity engaged in production, circulation, advertising , and accounting functions for the Advertiser Publishing Company, Ltd. and Honolulu Star-Bulletin, Inc. The Employer consists of Hawaii Newspaper Agency, Inc., Advertiser Publishing Company, Ltd., and Honolulu Star-Bulletin , Inc., which are and have been, at all times material herein , Hawaii corporations with an office and place of business in Honolulu , Hawaii. In the course and conduct of its business operations during the past year, the Employer received gross revenues in excess of $1 million from sales of advertising and newspapers. In the course and conduct of its business operations during the past year, the Employer purchased goods and interstate news services valued in excess of $50,000 directly from points and places located outside the State of Hawaii. In the course and conduct of its business operations during the past year, the Employer purchased services from Associated Press, a newspaper wire service. The Employer is and has been, at all times material herein , an employer engaged in commerce and operations affecting commerce within the meaning of Section 2(6) and (7) of the Act. II. THE LABOR ORGANIZATIONS INVOLVED Respondent Wire Service Guild, Respondent Hawaii Newspaper Guild, Respondent ILWU, Respondent Lithographers, Respondent IAM, Respondent Printing Pressmen , and Respondent ITU, are labor organizations within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES At all times material herein the following named persons have occupied the positions set opposite their respective names and have been agents of the Respondents acting on their behalf within the meaning of Section 2(13) of the Act: Fred Lee Respondent Hawaii Newspaper Guild Administrative Officer Robert McElrath Respondent ILWU Thomas Jordan Norman Ipson Thomas K. Sing John Pedro Fusao Ogoshi Roy Kruse International Representative Respondent ITU Unit Chairman Respondent ITU President Respondent Lithographers Official Respondent Printing Pressmen Official Respondent IAM Official Respondent Hawaii Newspaper Guild President At all times material herein, William H. Donham has been Branch Chairman of Respondent Wire Service Guild and its agent acting on its behalf within the meaning of Section 2(13) of the Act. Commencing on or about the dates set forth below, Respondents, acting through their officers, agents, and representatives, engaged in the following conduct: On or about January 7, 1969, Respondents, at Employer's premises, told Employer representatives that Respondents' member-employees would not cross a picket line directed against Associated Press, if such a picket line were established at the Employer' s premises; On or about January 7, 1969, Respondents, at Employer's premises, told Employer's representatives that Respondents' member-employees would not process or handle Associated Press copy; On or about January 8, 1969, Respondents, by Lee, at Employer' s premises, told an Employer representative that Respondents' member-employees would not process Associated Press copy and that a picket line directed against Associated Press was going to be instituted immediately and would be honored by the member-employees of Respondents; and On or about January 9, 1969, Respondents, by Jordan and Ipson , at Employer' s premises, instructed member-employees of Respondents working in the Employer' s composing room not to process Associated Press copy and to cease work and leave the premises of the Employer. Commencing on or about January 9, 1969, until on or about January 11, 1969, Respondent Wire Service Guild engaged in picketing against Associated Press at the Employer ' s premises. An object of the Respondents' conduct described above has been to force or require the Employer to cease doing business with Associated Press. An object of Respondent Wire Service Guild's conduct described above has been to force or require the Employer to cease doing business with Associated Press. The Respondents' acts as described above, for an object of forcing or requiring the Employer to cease doing business with Associated Press and occurring WIRE SERVICE GUILD , LOCAL 222 in connection with the operations of the Employer, constitl to unfair labor practices affecting commerce within the meaning of Sections 8(b)(4)(i) and ( ii)(B) and 2(6') and (7) of the Act. Resppndent Wire Service Guild's conduct described above, for an object of forcing or requiring the Employer to cease doing business with Associated Press and occurring in connection with the operations of the Employer, constitutes an unfair labor practice affecting commerce within the meaning of Sections 8(b)(4)(i) and (ii)(B) and 2(6) and (7) of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The acts of the Respondents set forth in section III, above, occurring in connection with the Employer's operations as 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 commerce and the free flow of commerce. THE REMEDY Having found that the Respondents have engaged in unfair labor practices within the meaning of Section 8(b)(4)(i) and (ii)(B) of the Act, we shall order that they cease and desist therefrom , and take certain affirmative action to effectuate the policies of the Act. CONCLUSIONS OF LAW 1. The Employer is engaged in commerce within the meaning of Section 2(6) and (7) and Section 8(b)(4) of the Act. 2. Respondent Wire Service Guild, Respondent Hawaii Newspaper Guild, Respondent ILWU, Respondent Lithographers, Respondent IAM, Respondent Printing Pressmen, and Respondent ITU are labor organizations within the meaning of Section 2(5) of the Act. 3. By telling Employer's representatives, at the Employer's premises, that the Respondents' members who were employees of the Employer would not cross a picket line directed against Associated Press, if such a picket line were established at the Employer's premises, and would not process or handle Associated Press copy, and that a picket line directed against Associated Press was going to be instituted immediately and would be honored by such employees, and by instructing, at the Employer's premises, such member-employees working in the Employer's composing room not to process Associated Press copy and to cease work and leave the premises of the Employer, with an object of forcing or requiring the Employer to cease doing business with Associated Press, the 587 Respondents engaged in unfair labor practices in violation of Section 8(b)(4)(i) and (ii)(B) of the Act. 4. By the above acts and by engaging in picketing against Associated Press at the Employer's premises, commencing on or about January 9, 1969, and continuing until on or about January 11, 1969, with an object of forcing or requiring the Employer to cease doing business with Associated Press, Respondent Wire Service Guild engaged in unfair labor practices within the meaning of Section 8(b)(4)(i) and (ii)(B) of the Act. 5. The unfair labor practices engaged in by the Respondents, as set forth above, affect commerce within the meaning of Section 2(6) and (7) of the Act. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that Respondents, Wire Service Guild , Local 222, Hawaii Newspaper Guild, Local 117, AFL-CIO, ILWU Local 142, Lithographers & Photoengravers International Union, Local 201 , AFL-CIO, International Association of Machinists & Aerospace Workers, District Lodge 151 , AFL-CIO, Honolulu Printing Pressmen & Assistants' Union No . 413, AFL-CIO, and Honolulu Typographical Union No. 37, AFL-CIO, their officers, agents , and representatives, shall: 1. Cease and desist from: (a) Threatening, coercing , or restraining the Employer, Hawaii Newspaper Agency, Inc., Advertiser Publishing Company, Ltd., and Honolulu Star-Bulletin, Inc., or any other person engaged in commerce or in an industry affecting commerce, with picketing and a work stoppage of its employees, where an object thereof is to force or require said Employer to cease doing business with Associated Press. (b) Inducing or encouraging, in any manner or by any means including picketing, orders, directions, instructions, requests, or appeals, however given, made, or imparted , or by any like or related acts or conduct, any employee of the Employer to engage in a work stoppage , or a refusal in the course of his employment to use, process, trasnsport, or otherwise handle or work on any goods , articles, or materials, or to perform any services, where an object thereof is to force or require the Employer to cease doing business with Associated Press. (c) Picketing, or threatening to picket, against Associated Press at the Employer 's premises, where an object thereof is to force or require the Employer to cease doing business with Associated Press. 2. Take the following affirmative action which the National Labor Relations Board finds will effectuate the policies of the National Labor Relations Act, as amended: 588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (a) Post at their respective offices and meeting halls, copies of the attached notice marked "Appendix."' Copies of said notice, on forms provided by the Regional Director for Region 20, shall, after being signed by the Respondents' representatives, be posted by each of said Respondents immediately upon receipt thereof, and be maintained for 60 consecutive days thereafter in conspicuous places, including all places where notices to members are customarily posted. Reasonable steps shall be taken by the Respondents to insure that said Notices are not altered, defaced, or covered by any other material. (b) Deliver to the Regional Director for Region 20, signed copies of said Notice for posting by the Employer, if it is willing, at all locations where notices to its employees are customarily posted. (c) Notify the Regional Director for Region 20, in writing, within 10 days from the date of this Order, what steps have been taken to comply herewith. 'In the event that this Order is enforced by a decree of a United States Court of Appeals, there shall be substituted for the words "a Decision and Order" the words "a Decree of the United States Court of Appeals Enforcing an Order." APPENDIX NOTICE TO ALL MEMBERS OF WIRE SERVICE GUILD, LOCAL 222; HAWAII NEWSPAPER GUILD, LOCAL 117, AFL-CIO; LWU LOCAL 142; LITHOGRAPHERS & PHOTOENGRAVERS INTERNATIONAL UNION, LOCAL 201, AFL-CIO; INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS , DISTRICT LODGE 151, AFL-CIO; HONOLULU PRINTING PRESSMEN & ASSISTANTS UNION No. 413, AFL-CIO; AND HONOLULU TYPOGRAPHICAL UNION No. 37,AFL-CIO. Pursuant to a Decision and Order of the National Labor Relations Board and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify you that: WE WILL NOT threaten , coerce, or restrain the Employer, Hawaii Newspaper Agency, Inc., Advertiser Publishing Company, Ltd., and Honolulu Star-Bulletin, Inc., or any other person engaged in commerce or in an industry affecting commerce, with picketing and a work stoppage of its employees, where an object thereof is to force or require said Employer to cease doing business with Associated Press. WE WILL NOT induce or encourage, in any manner or by any means including picketing, orders, directions. instructions, requests, or appeals, however given, made, or imparted, or by any like or related acts or conduct, any employee of the Employer to engage in a work stoppage or a refusal in the course of his employment to use, process, transport, or otherwise handle or work on any goods, articles, or materials, or to perform any services, where an object thereof is to force or require the Employer to cease doing business with Associated Press. WE WILL NOT picket, or threaten to picket, against Associated Press at the Employer's premises, where an object thereof is to force or require the Employer to cease doing business with Associated Press. Dated By WIRE SERVICE GUILD, LOCAL 222; HAWAII NEWSPAPER GUILD, LOCAL 117, AFL-CIO; ILWU LOCAL 142; LITHOGRAPHERS & PHOTOENGRAVERS INTERNATIONAL UNION, LOCAL 201, AFL-CIO; INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS, DISTRICT LODGE 151, AFL-CIO ; HONOLULU PRINTING PRESSMEN & ASSISTANTS' UNION No. 413, AFL-CIO ; AND HONOLULU TYPOGRAPHICAL UNION No. 37, AFL-CIO (Labor Organizations) (Representative) (Title) This notice must remain posted for 60 consecutive days from the date of posting and must not be altered , defaced, or covered by any other material. If members or employees have any question concerning this notice or compliance with its provisions , they may communicate directly with the Board's Regional Office, 13050 Federal Building , 450 Golden Gate Avenue, Box 36047, San Francisco, California 94102, Telephone 415-556-3197.