Fresno Typographical Union No. 144

FRESNO TYPOGRAPHICAL UNION NO. 144 Fresno Typographical Union No. 144 and McClatchy Newspapers, Inc., Publisher of the Fresno Bee and Graphic Arts International Union, Local 280. Case 20-CD-492 November 1, 1976 DECISION AND DETERMINATION OF DISPUTE By MEMBERS JENKINS, PENELLO, AND WALTHER This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, follow- ing a charge filed by McClatchy Newspapers, Inc., Publisher of the Fresno Bee, alleging the Fresno-Ty- pographical Union No. 144, herein called Typogra- phers, had violated Section 8(b)(4)(ii)(D) of the Act by engaging in certain proscribed conduct having an object of forcing or requiring the Employer to assign certain work to employees represented by it rather than to employees represented by the Graphic Arts International Union, Local 280, herein called Pho- toengravers. - Pursuant to notice, a hearing was held before Hearing Officer Lucille L. Rosen on July 7, 1976, -at Fresno, California. The Typographers and the Em- ployer appeared at the hearing and were afforded full opportunity to be heard, to examine and cross-exam- ine witnesses, and to present evidence bearing on the issues. The Photoengravers, although duly served with notice of hearing, informed the Regional Direc- tor for Region 20 on July 2, 1976, that it would not appear at the scheduled hearing, but would not dis- claim the work in dispute. Thereafter, the Employer submitted a brief in support of its position, and re- quested oral argument on the issues raised herein.' Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. The Board has reviewed the rulings of the Hearing Officer made at the hearing and finds that they are free from prejudicial error. The rulings are hereby affirmed. The Board has considered the brief of the Employer and the entire record in this case and hereby makes the following findings: I. THE BUSINESS OF THE EMPLOYER McClatchy Newspapers, Inc., Publisher of the Fresno Bee, is publisher of a newspaper of general 1 The Employer's request is hereby denied, as the record, including the brief, adequately presents the issues and positions of the parties. 683 circulation and during the last calendar year received gross revenue in excess of $200,000. The Employer subscribes to interstate news services, including the Associated Press and United Press International wire services, and advertises nationally sold products. Ac- cordingly, we find, as the parties have stipulated, that the Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the Act and it will effectuate the purposes of the Act to assert jurisdic- tion herein. II. THE LABOR ORGANIZATIONS The parties stipulated, and we find, that the Ty- pographers and the Photoengravers are labor organi- zations within the meaning of-Section 2(5) of the Act. III. THE DISPUTE A. The Work in Dispute The work in dispute consists of the NAPP plate- making process, its attendant work functions, and performing maintenance and troubleshooting on the NAPP platemaking equipment. B. Background and Facts of the Dispute During the period from January 21, 1975, to Feb- ruary 25, 1976, the newspaper was produced by the Laser Graphic- process. Under this process, there are three basic component pieces of equipment, the par- tial page release unit, the scan-scribe unit, and the ablating unit. The partial page release unit enables a plate to be made from only a partial page pasteup, thereby permitting portions of a printing plate con- taining material such as advertisements or features to be completed before last-minute news items are ready. The partial page pasteup was brought to the partial page release unit which contains a computer capable of identifying areas of the pasteup which are not completed. The information was stored on a small piece of equipment called a "floppy disc," which was carried with the partial pasteup to the scan-scribe unit, a large piece of equipment with two tables in the shape of a letter "T." The pasteup was placed on the table on one side of the unit and a laser plate was placed on the other side of the unit. The "floppy disc" was inserted in the scan-scribe com- puter. A helium neon laser beam then read the infor- mation to an argon laser which "scribed" or wrote it onto the copper surface of the laser plate. The un- completed sections of the pasteup were left blank on the plate. The plate was then taken to the ablating unit where it was placed on a table. There, a carbon 226 NLRB No. 101 684 DECISIONS OF NATIONAL LABOR RELATIONS BOARD dioxide laser beam ablated or vaporized the non- printing area into a gas, leaving a relief surface cre- ated by the vaporization of the nonprinting areas. When news was ready to go to press, the page paste- up was finished with news copy and the partially al- bated laser plate was then brought to the scan-scribe unit for the scribing of material not previously trans- ferred onto the plate.,Theplate was then taken to the ablating unit and there finished off. After ablating, the plate was then punched, bent, and trimmed, to prepare it to be locked onto a saddle on the printing press. When the Laser Graphic system was instituted, both the ITU and the GAIU asserted claims to the work and jurisdiction over the Laser Graphic system installed in the composing room. The Employer awarded the work to employees in the composing room represented by ITU Local 144, and this assign- ment was upheld by the Board in Fresno Typographi- cal Union No. 144 (McClatchy Newspapers, Publisher of the Fresno Bee).2 In late 1975, the Employer decided to discontinue its use of the Laser Graphic process and to convert to the New Advanced Photo Polymer process, (NAPP). The NAPP platemaking process, like the former Las- er Graphic system, produces a lightweight, flexible, press-ready, full-page letterpress which is, attached to saddles on the press, inked, and used to print the newspaper. The platemaking system is comprised of two basic integrated components: the exposure unit and the satellite automatic plate processor. In addition, there are duplicate manual sets of each system to be used when the automatic system is inoperative. A compos- ing room employee takes a NAPP plate to the expo- sure unit and exposes it to an ultraviolet light source, resulting in a transference of the image on the nega- tive to the plate. The plate is then placed, on a belt entering the satellite automatic plate processor, which carries it into the wash section where the plate is washed out with hot water under pressure. After the wash, the plate is automatically carried to the oven section where it is subjected to an ultraviolet light which hardens the plastic. After hardening, the plate is' automatically removed from the oven and deposited into, a process plate holder. This entire pro- cess takes approximately 4 minutes. When the plate is needed on the press, it is punched, trimmed, and crimped and sent to the pressroom for direct applica- tion to the printing press. In December 1975, the Employer assigned the NAPP, platemaking system operation and all atten- dant functions to the composing room employees '220 NLRB 868 (1975). represented by ITU Local 144. Thereafter, on Janu- ary 7, 1976, the Employer received a letter from the GAIU demanding that the NAPP platemaking pro- cess be assigned to the Photoengravers and request- ing arbitration of the work assignment. Subsequent- ly, on February 24, 1976, the Typographers informed the Employer by letter that "any effort on the part of the Fresno Bee which threatens the continuation of the present work assignment will be met by adamant opposition on the part of the Fresno Typographical Union, including economic action if necessary," and refused to participate in a tripartite arbitration with the GAIU over the disputed work assignment. In a telephone conversation between Roger Coryell, the Employer's general executive, and William Mash- burn, president of the Fresno Typographical Union No. 144, Mashburn confirmed Coryell's interpreta- tion that the "economic action" referred to in the February 24 letter should be taken to mean "strike" and that the Typographers would strike the Fresno Bee if any attempt were made to reassign the NAPP work or proceed to arbitration on the matter. There- after, on April 13, 1976, the Employer filed the in- stant charge, alleging that the Typographers, by threatening to strike for the stated object, violated Section 8(b)(4)(D) of the Act. C. Contentions of the Parties The Employer contends that the disputed work should be left as assigned to employees represented by the Typographers; that this dispute is properly before the Board because of the Typographers threat; and that the assignment is consistent with the factors of efficiency and economy; skills in the oper- ation of, maintenance of, and troubleshooting func- tions of the NAPP platemaking' system; and the training and experience which the employees possess. The Typographers agrees that the disputed work has been properly awarded to, and should continue to be assigned to, employees in the composing room which it represents, The Photoengravers advised Region 20 on July 2, 1976, that while it would not disclaim the work in dispute, it would nonetheless not appear at the hear- ing on July 7, 1976. Thus, the Photoengravers has not apprised the Board of its position in this dispute either through appearance or legal memoranda. D. Applicability of the Statute Before the Board may determine a dispute pur- suant to Section 10(k) of the Act, it must be satisfied that there is reasonable cause to believe that Section 8(b)(4)(D) has been violated, and that there is no FRESNO TYPOGRAPHICAL UNION NO. 144 685 agreed-upon method for the voluntary adjustment of the dispute. In the instant case, we find that there is reasonable cause to believe that Section 8(b)(4)(D) has been vio- lated, in view of the fact that the Typographers in- formed the Employer, orally and in writing, that it would resort to economic action against the Em- ployer should the NAPP work be reassigned to em- ployees represented by the Photoengravers. Further- more, based on the record before us, there is at present no agreed-upon method for the voluntary ad- justment of this dispute. Under these circumstances, we find that it will effectuate the policies underlying Sections 10(k) and 8(b)(4)(D) of the Act for us to determine the merits of the dispute. Accordingly, we find that this dispute is appropriate for resolution un- der Section 10(k) of the Act. E. Merits of the Dispute As the Board stated in J. A. Jones Construction Company,3 we shall determine the appropriate assign- ment of the disputed work in each case presented for resolution under Section 10(k) of the Act only after taking into account and balancing all relevant fac- tors. We set forth below those factors which we find relevant in determining the dispute herein: 1. Certification and collective-bargaining agreements The record contains no evidence with regard to Board certification of any of the labor organizations to represent employees in the dispute herein. The Employer has current collective-bargaining agreements with both the Typographers and Pho- toengravers. Section 16 of the Employer's contract with the Photoengravers, effective January 1, 1974, through December 31, 1976, provides in pertinent part: The Employer agrees that in the event of the installation of machines or processes to be used as an evolution of or substitution for current Photoengraving Department machines or pro- cesses covered in the Jurisdiction clause of this Agreement, such machines or processes must be operated by employees under this Agreement. The Employer's collective-bargaining contract with the Typographers, effective January 1, 1974, through December 31, 1976, provides that the jurisdiction of the Typographers includes "all composing room work." A memorandum of agreement executed by 3 International Association of Machinists, Lodge No 1743, AFL-CIO, 135 NLRB 1402 (1962). the Employer and the Typographers on November 24, 1975, states that: Pursuant to Section 6 of the collective bargain- ing agreement between the parties hereto, dated March 12, 1975, which defines the jurisdiction of the Union to include "all composing room work of the Publisher," the Fresno Bee has assigned the following work to composing room employ- ees covered by said collective bargaining agree- ment. All NAPP platemaking work functions as fol- lows: (a). Exposing plates; (b). Washing plates to remove excess from surface for printing; (c). Oven curing of plates; (d). Punching, bending,. trimming and reg- istering plates to fit press saddles; (e). Maintenance of NAPP platemaking equipment. From the above-quoted provisions, it appears that the contracts of both unions lend at least some sup- port to their respective claims to the work in dispute. However, the memorandum of agreement executed by the Typographers and the Employer provides spe- cifically that the NAPP platemaking process, its at- tendant work functions, and routine maintenance shall be performed by employees represented by the Typographers. This agreement certainly dilutes the force of the Photoengravers contractual claim herein, and tends to negate the effect of the "evolution" lan- guage in the Photoengravers contract. Thus, we find that the memorandum of agreement between the Ty- pographers and the Employer tends to favor an award of the disputed work to employees in the com- posing room represented' by the Typographers. 2. Employer preference The Employer assigned the work, and prefers an award, to employees represented by the Typogra- phers. 3. Skills While it is conceded that the operation of the semi- automatic NAPP platemaking system does not re- quire extravagant skills or training, the undisputed evidence reveals that the maintenance and "trouble- shooting" of the NAPP equipment requires skills and training which the machinists in the composing room represented by the Typographers possess and which the employees represented by the Photoengravers lack. These machinists already know how to repair, 686 DECISIONS OF NATIONAL LABOR RELATIONS BOARD maintain, and troubleshoot on various types of elec- tronic coldtype equipment, and have easily transfer- red these skills to the NAPP equipment, which they have been operating and maintaining since Decem- ber 1975. In addition, the machinists use mainte- nance and monitoring equipment (such as voltmeters and oscilloscopes) on other composing room equip- ment which are also required to monitor the NAPP equipment. Moreover, four composing room employees have received special instruction in the maintenance and repair of the NAPP equipment, and have in turn giv- en on-the-job instruction to other composing room personnel. Accordingly, we find that the factor of skills tends to favor an award of the disputed work to employees represented by the Typographers. 4. Economy' and efficiency The Employer's witnesses testified that economy and efficiency were the prime reasons for the assign- ment of the disputed work to composing room em- ployees represented by the Typographers. The record indicates a close relationship between platemaking and other composing room operations and the close physical proximity of the NAPP units makes for an uninterrupted efficient flow of work from the receipt of copy to the transfer of the completed plate to the pressroom for printing. The NAPP platemaking sys- tem is operated only sporadically, and when it is not in operation the composing room employees (includ- ing the machinists) can perform other assignments covered under the collective-bargaining agreement with the Typographers. In contrast, the photoengrav- ers are physically separated from the NAPP equip- ment in the composing room, their photoengraving camera work must be performed at approximately the same time as the platemaking operation, and they have no jurisdiction over other job functions in the composing room. Furthermore, the scheduling of composing room employees requires them to be pres- ent whenever plates are needed for the press, while the photoengravers are not scheduled to work at all times when platemaking is required, and extra shifts of photoengravers would be required to meet the de- mands of the platemaking process. In view of these considerations, we find that the factors of efficiency and economy favor an award to the employees repre- sented by the Typographers. 5. Area practice The Employer introduced uncontradicted evi- dence that newspapers which utilize the NAPP plate- making process in Modesto, Stockton, San Mateo, Bakersfield, and Fullerton, California (all within close geographical proximity to Fresno), have as- signed the NAPP work to composing room employ- ees represented by the Typographers. Accordingly, we find that the evidence with respect to area prac- tice tends to favor assignment of the disputed work to employees represented by the Typographers. 6. Job impact The uncontroverted evidence in the record disclos- es that, upon the introduction of the NAPP plate- making process six composing room jobs were elimi- nated, while two new jobs were added in the photoengraving department. John H. Tarter, produc- tion manager for the Employer, testified that an as- signment of the NAPP work to the Photoengravers would necessitate ,the hiring of five additional em- ployees in that department plus the employment of an IBEW "house electrician" to maintain the equip- ment (inasmuch as the photoengravers have no train- ing in the maintenance of the NAPP units). In con- trast, the Employer can operate and effectively maintain the NAPP process with its present comple- ment of 90 composing room employees represented by the Typographers .4 Accordingly, we find that this factor tends to favor awarding the work in dispute to employees represented by the Typographers. Conclusion Upon the record as a whole and after full consider- ation of all relevant factors, we conclude that the employees represented by the Typographers are enti- tled to perform the work in dispute. We reach this conclusion upon the basis of the Employer's memo- randum of agreement with the Typographers, em- ployer preference, area practice, job impact, and the fact that such assignment will result in greater effi- ciency and economy of operation. We further find that the employees represented by the Typographers possess the requisite skills to perform the disputed work. Accordingly, we shall determine the dispute before us by awarding the disputed work at the Fres- no Bee in Fresno, California, to employees repre- sented by the Fresno Typographical Union No. 144, but not to that Union or its members. Our present determination is limited to the particular controversy which gave rise to this proceeding. 4 We note that the 90 positions in the composing'room are, according to the contract between the Employer and the Typographers, " guaranteed situ- ations" not capable of elimination by the Employer Thus, if the NAPP work were assigned to the Photoengravers members, the Employer would have need for about six fewer employees in the composing room, but could not reduce the work force accordingly. FRESNO TYPOGRAPHICAL UNION NO. 144 DETERMINATION OF DISPUTE 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 pro- ceeding, the National Labor Relations Board hereby makes the following Determination of Dispute: 687 Employees employed by McClatchy Newspapers, Inc., Publisher of the Fresno . Bee, who are repre- sented by Fresno Typographical Union No. 144, are entitled to perform the work of the NAPP platemak- ing process, its attendant work functions, and routine maintenance and troubleshooting on the NAPP platemaking equipment at the Employer's plant in Fresno, California.