Intl. Stereotypers and Electrotypers Local No.25

INTL. STEREOTYPERS AND ELECTROTYPERS LOCAL NO. 25 103 International Stereotypers and Electrotypers Union, Local No. 25 and Niagara Falls Gazette Publishing Corporation and Niagara Falls Typographical Union, Local 233, affiliated with the International Typographical Union, AFL-CIO and Buffalo Web Pressmen and Assistants Union, Local No. 30, affiliated with the International Printing Pressmen and Assistants Union, AFL-CIO. Cases 3-CD-356,13-CD-356-2 September 13, 1971 DECISION AND DETERMINATION OF DISPUTES wholly owned subsidiary of Gannett Company, Inc., and publishes in Niagara Falls, New York, a daily newspaper with a circulation of about 35,000. It employs in its Niagara Falls plant about 200 employ- ees. During the past 12 months it has had gross revenues in excess of $200,000. During the same period it has subscribed to interstate news services, published nationally syndicated features, and adver- tised nationally sold products. We find that the Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the Act and that it will effectuate the policies of the Act to assert jurisdiction herein. BY MEMBERS FANNING, JENKINS, AND KENNEDY This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, following charges filed by the Niagara Falls Gazette Publishing Corporation (herein referred to as the Employer) alleging that International Stereotypers and Electro- typers Union, Local No. 25 (herein referred to as the Stereotypers), has violated Section 8(b)(4)(D) of the Act. A duly scheduled hearing was held before Hearing Officer James J. Palermo on April 5, 29, and 30, 1971. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this proceeding to a three- member panel. All parties, including Buffalo Web Pressmen and Assistants Union, Local No. 30, affiliated with the International Printing Pressmen and Assistants Un- ion, AFL-CIO (herein referred to as the Pressmen), and Niagara Falls Typographical Union, Local 233, affiliated with the International Typographical Un- ion, AFL-CIO (herein referred to as the Typogra- phers), the Stereotypers, and the Employer, appeared at the hearing and were afforded a full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence on the issues. The Board has reviewed the rulings of the Hearing Officer made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. Upon the entire record in this case, including the briefs of the Stereotypers, the Employer, the Press- men, and the Typographers, the Board makes the following findings: 1. THE BUSINESS OF THE EMPLOYER The parties stipulated to the following facts: The Niagara Falls Gazette Publishing Corporation is a II. THE LABOR ORGANIZATIONS INVOLVED The parties stipulated and we find that Internation- al Stereotypers and Electrotypers Union, Local No. 25; the Buffalo Web Pressmen and Assistants Union, Local No. 30, affiliated with the International Printing Pressmen and Assistants Union, AFL-CIO; and the Niagara Falls Typographical Union, Local 233, affiliated with the International Typographical Union, AFL-CIO, are labor organizations within the meaning of Section 2(5) of the Act. III. THE DISPUTES A. Background and Facts of the Disputes In late 1968 the Employer decided to convert its composing room operation from a hot metal process to a photocomposition process, a coldtype process. In the following months the Employer purchased and installed the necessary equipment. Employees repre- sented by the Typographers were assigned to operate the equipment and trained to do so. The conversion process has been a gradual one and even as of the date of the hearing had not been completed. However, a substantial proportion of the newspaper is presently being produced by the photocomposition method. The product of this process is a zinc engraving plate. More recently the Employer has determined to make this engraving plate slightly thinner and to eliminate the need for making a lead plate for the press by using this engraving plate directly on the press to print the newspaper. On August 6, 1970, Employer announced its decision to print directly from the engraving plate to the representatives of the three Unions involved. Both the Stereotypers and the Pressmen claimed the work of mounting the zinc engraving plate onto the plastic saddle as a preliminary step in mounting the engraving plates onto the presses. Subsequently, on January 28, 1971, the Stereotypers also claimed the work of making the engraving plates from the point of making the necessary photograph until the process is completed. On January 29, 1971, the Stereotypers 193 NLRB No. 16 104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD threatened to strike if Employer attempted to convert means of a bending and bonding process, and to direct printing upon the expiration of its contract mounted on the press to print the newspaper. Thus the with the Stereotypers without assigning the placing of need for the lead plate would be eliminated. the engraving plates upon a saddle to employees represented by the Stereotypers. On February 9, 1971, B. Work in Dispute the Stereotypers informed Employer that if it attempt- ed to make the contemplated conversions with the The work in dispute is the production of the zinc work assignment it preferred it could expect a strike engraving plate from the point the page is placed and picketing. before the camera until the completed engraving is Prior to 1969, the procedure for producing the delivered to the Pressmen for placing on the press. newspaper was basically as follows: typographers This includes the work involved in placing the using linotype machines, set copy into lead type. The completed engraving plate on a saddle by means of typographers then arranged the lead type into the bending and bonding process in preparation for chases'-each representing one full page of the placing it on the press. newspaper. The stereotypers then made a matrix by C. Contentions of the Parties placing semiwet cardboard over the top of the chase and applying pressure so that the plate in the chase The Employer and the Typographers contend that makes an impression on the cardboard. The card- the Employer's assignment of the disputed work of board was then dried into a semicylindrical shape. producing the engraving plate to employees repre- The stereotypers then placed the matrix into a form sented by the Typographers should be upheld because and poured in molten metal which dried in the form of of the following factors: related skills, employer a casting of the matrix forming a semicylinderical preference, efficiency and economy of operations, stereotype pressplate. Pressmen then placed the and area and industry practice. The Stereotypers pressplate onto the press to print the newspaper. contends that the work should be assigned to In 1969, the Employer started the process of employees which it represents because of the follow- converting to photocomposition or coldtype. Under ing factors: contractual provisions and effect on that process photocomposition machines set photo- employees. graphically the type for copy. In this process, the copy The Employer and the Pressmen contend that the comes out of the photocomposition machines in the Employer's assignment of the work of placing the form of white paper with black characters. This paper engraving plates on the saddle by means of the is then cut into strips and pasted down as it would bending and bonding process in preparation for appear on the finished page. The pasted down copy is placing it on the press should be upheld because of the called a mechanical. The mechanical is then photo- following factors: employer preference and efficiency graphed and the film developed. The resulting and economy of operations.2 The Stereotypers con- negative, which is the size of a newspaper page, is then tends that the work should be assigned to employees inspected for flaws. If any imperfections appear, they which it represents because of the following factor: are opaqued or blacked out. The negative is then effect on employees. placed on a sensitized zinc plate and exposed to intense light causing the plate to become acid resistant D. Applicability of the Statute in those areas in which light is able to pass through the negative. The plate is then placed in an etching The charge which was duly investigated by the machine in which acid is splashed against the plate Regional Director alleges a violation of Section eating away those areas of the plate that will not be 8(b)(4)(D) of the Act. The Regional Director was printed. The etched plate is then used to make a satisfied upon the basis of such investigation that matrix which is in turn used to make a semicylinderi- there was reasonable cause to believe that a violation cal stereo pressplate as in the hot type process. had been committed and therefore that a hearing Pressmen then place the plate onto the press and use it should be held in accordance with Section 10(k) of the to print the newspaper. Act. On the basis of the entire record, including the In the summer of 1970, the Employer decided that Stereotypers' threat to picket and strike unless its in view of recent technological advances it would no work assignment demands were met, we find there is longer be necessary to make the lead stereo pressplate reasonable cause to believe that a violation of the Act from the zinc plate but rather the zinc plate could be has occurred and that the dispute is properly before made slightly thinner, placed on a plastic saddle by the Board for determination.3 I A rectangular frame into which pages or columns are fastened 3 The Pressmen raises some question as to whether the threats by the 2 In addition the Employer contends that the assignment should be Stereotypers were to prevent the assignments or to compel a change by the upheld because of contractual provisions in the Pressmen's contract . Employer in favor of the Stereotypers . However, it concedes that there is INTL. STEREOTYPERS AND ELECTROTYPERS LOCAL NO. 25 E. The Merits of the Disputes As the Board stated in J. A. Jones Construction Co.,4 we shall determine the appropriate assignment of disputed work in each case presented for resolution under Section 10(k) of the Act only after taking into account and balancing all relevant factors. 1. Employer preference The Employer assigned the work of producing the zinc engraving plate, and prefers an award, to employees represented by the Typographers. This factor favors an award of this work to employees represented by the Typographers. The Employer assigned the work of mounting the zinc engraving plate on to the plastic saddle by means of the bending and bonding process, and prefers an award, to employees represented by the Pressmen. This factor favors an award to employees represented by the Pressmen. 2. Efficiency and economy of operations The record shows that there is continued inter- change among the employees in the composing room and that Employer is training most of the employees in the composing room to handle all functions of page layout, camera work, and engraving. It further shows that many times problems have arisen in the camera end of the process that can be handled by the employees assigned to it because they are fully trained in such aspects of the work. In order to insure this interchange Employer has expended large sums of money to train the composing room force in photoen- graving : an expenditure which would be largely wasted if the work were now assigned to employees represented by the Stereotypers. This factor favors the assignment of the work of producing the zinc engraving plate to employees represented by the Typographers. As to the bending and bonding, the record shows that the work of placing the zinc plates on the plastic saddles would require only 1 or 2 hours for one man per day. If the employee assigned this work was restricted as to what else he could do, the Employer would not be able to efficiently use its manpower. Further, as pressmen would be required to shut down the presses should an imperfect bonding not be discovered until the press is in operation, it would be more efficient for pressmen to be able to correct such bonding. This factor favors assignment of the work of bending and bonding to employees represented by the Pressmen. evidence in the record which supports a finding that threats were made for that purpose . Based on that evidence we have made the finding stated above. 3. Contracts 105 The Stereotypers do not contend that the language of its contract with the Employer requires assignment of the work of making the engraving plate to employees represented by it. It does, however, contend that the Employer's contract with the Typographers requires such an assignment. As origi- nally executed March 26, 1969, the Employer's contract with the Typographers provided in relevant part as follows "Jurisdiction of the Union begins with the markup of copy and continues until the material is ready for the printing press (but excluding the making of plates for the newspaper press or any processing of plate incidental thereto) and the appropriate collec- tive bargaining unit consists of all employees perform- ing such work." The record shows that as of the time of the execution of this contract Employer did not contemplate using the engraving plate on the printing press. As previously noted, Employer subsequently did go to the photocomposition process for a substantial part of the newspaper. However, it was not until the summer of 1970 that the Employer decided to use the engraving plate which results from that process directly on the press. In January 1971 the Stereotypers asserted that thejurisdiction provision in the Typographers' contract excluding the making of plates for the press, and contended that this provision was intended for its benefit and therefore it is entitled to this work. Employer and the Typographers subsequently amended their contract so that it presently reads "Jurisdiction of the Union begins with the markup of copy and continues until the material is ready for the printing press (but excluding the making of plates for the newspaper press or any processing of plates incidental thereto except the making and handling of plates by the photo engraving process) and the appropriate collective bargaining unit con- sists of all employees performing any such work." We conclude that the provision in the original contract was intended to set forth the limits of the jurisdiction of the Typographers. The Stereotypers did not contend that the Employer violated these jurisdiction- al limits when it originally assigned to the Typogra- phers the work of making the zinc plates. Of course, at that time the zinc plates were used by the Stereotypers to make the lead plate which was then in turn used on the press. Now Employer proposes to eliminate the lead plate and to use the zinc plate directly on the press instead. Thus what has happened is that the work formerly performed by the stereotypers has been eliminated from the process and now the Stereotypers is claiming other work which it did not contend was 4 International Association of Machinists , Lodge No 1743, AFL-CIO (J A Jones Construction Co), 135 NLRB 1402. 106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD within its jurisdiction when the work was originally assigned, using a clause which was drafted at a time when no one contemplated that it would be possible to eliminate the making of the lead plate . The only basis for such a claim is that the engraving plate is now being used in such a way as to eliminate work performed previously by Stereotypers. Under these circumstances , we do not believe that the clause in the Typographers' contract requires assignment of this work to the Stereotypers. As to the mounting of the engraving plate on the plastic saddle by means of the bending and bonding process we find that neither the Stereotypers nor the Typographers' contract clearly covers the disputed work. 4. The availability of craftsmen The Typographers have training facilities for their members in operating the photocomposition and photoengraving equipment. Typographers employed by the Employer have been trained at this school. These employees have in turn trained other typogra- phers employed by Employer. The Stereotypers has no such school. Because of the availability of trained craftsmen and because of the training facilities, this factor favors assignment of the work to employees represented by the Typographers. The mounting of the engraving plate on the plastic saddle by means of the bending and bonding process requires no particular skill. Employees represented by either the Stereotypers or the Pressmen could perform the work equally well. Accordingly, this factor favors neither group of employees. 5. Industry and area practice No evidence was introduced to establish that stereotypers are presently performing the work of producing the zinc plate at any newspaper. There is evidence establishing that typographers performed that work at newspapers in the following cities: Mobile, Alabama ; Peoria, Illinois; Terre Haute, Indiana; Vincennes, Indiana; Little Rock, Arkansas; Wilmington, Delaware; Albuquerque, New Mexico; Joplin, Missouri ; Bangor, Maine ; Detroit, Michigan; Lawton, Oklahoma; Austin, Texas; Camden, New Jersey; and Las Vegas, Nevada. As it appears that the assignment of this work to employees represented by the Typographers is in accordance with industry practice, this factor favors assignment of this work to employees represented by the Typographers. There was no evidence as to industry or area practice as to the work of mounting the engraving plate on the plastic saddle by means of the bending and bonding process. 6. Job losses While the effects of the elimination of the prod- uction of the lead plate will be felt mostly by the employees represented by the Stereotypers, this factor is largely neutralized by the Employer's assurances that no employee will lose his job or suffer economic loss as a result of these changes. Conclusions Based upon the entire record and after full consider- ation of all relevant factors, particularly the employer preference, efficiency and economy of operations, area and industry practice, and the availability of craftsmen, we conclude that on this record we can find no compelling reason for disturbing the Employ- er's assignment of the work of producing engraving plates to employees represented by Typographers. Accordingly, we shall determine the existing jurisdic- tional dispute by awarding the work of producing the engraving plate to employees represented by the Typographers. In making this determination we are assigning the disputed work to employees who are represented by the Typographers and not to the Typographers or its members . Our present determina- tion is limited to the particular dispute which gave rise to this proceeding. Based on the entire record and after full considera- tion of all relevant factors, particularly employer preference and efficiency and economy of operations, we can find no compelling reason for disturbing the Employer's assignment of the work of mounting the engraving plates on the plastic saddle by means of the bending and bonding process to employees represent- ed by the Pressmen . In making this determination we are assigning the disputed work to employees who are represented by the Pressmen and not to the Pressmen or its members . Our present determination is limited to the particular dispute which gave rise to this proceeding. DETERMINATION OF DISPUTES Pursuant to Section 10(k) of the National Labor Relations Act, as amended, and upon the basis of the foregoing findings and the entire record in this proceeding, the National Labor Relations Board hereby makes the following determination of dis- putes. 1. Employees employed by the Employer who are represented by the Niagara Falls Typographical Union, Local 233, affiliated with the International Typographical Union, AFL-CIO, are entitled to perform the photocomposition work including the work of producing the zinc engraving plate which is INTL. STEREOTYPERS AND ELECTRQTYPERS LOCAL NO. 25 107 performed in connection with the Employer 's opera- tion at its plant in Niagara Falls, New York. 2. Employees employed by the Employer who are represented by Buffalo Web Pressmen and Assistants Union, Local No. 30, affiliated with the International Printing Pressmen and Assistants Union, AFL-CIO, are entitled to perform the work of mounting the engraving plate on the plastic saddle by the bending and bonding process which is performed in connec- tion with the Employer's operation at its plant in Niagara Falls, New York. 3. International Stereotypers and Electrotypers Union, Local No. 25, is not entitled by means proscribed by Section 8(b)(4)(D) of the Act to force or require Niagara Falls Gazette Publishing Corporation to assign the work referred to in paragraphs 1 and 2 to employees represented by it. 4. Within 10 days of the date of this Decision and Determination of Disputes the International Stereo- typers and Electrotypers Union, Local No. 25, shall notify the Regional Director for Region 3, in writing, whether or not it will refrain from forcing or requiring Niagara Falls Gazette Publishing Corporation by means proscribed by Section 8(b)(4)(D) of the Act to assign the work awarded above in a manner inconsis- tent with the above Determination.