Drovers Journal Publishing Co.

In the Matter of - DROVERS JOURNAL PUBLISHING COMPANY and AMERICAN FEDERATION OF RADIO ARTISTS, CHICAGO LOCAL, AF- FILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. C-1320.-Decided September 25, 1939 Publishing and Radio Broadcasting Industry-Settlement : stipulation provid- ing for compliance with the Act, including reinstatement with back. pay as to one person, back pay without reinstatement as to another person-Order: entered on stipulation. Mr. Hyman A. Schulson, for the Board. Mr. Thomas P. Riordan, of Chicago, Ill., for the respondent.. Mr. Raymond Jones, of Chicago, Ill., for the Union. Mr. Ray Johnson, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by American Fed- eration of Radio Artists, Chicago Local, Affiliated With the American Federation of Labor,. herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Thirteenth Region (Chicago, Illinois), issued its complaint dated June 13, 1939, against Drovers Journal Publishing Company, Chicago, Illinois, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor prac- tices 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. On June 13, 1939, a copy of the complaint and notice of hearing thereon were duly served upon the respondent and upon the Union. Concerning the unfair labor practices the complaint alleged, in sub- stance, that on or about January 30, 1939, the respondent discharged two of its employees, John Odell and Joseph Silver, and has since refused to employ them for the reason that they joined and assisted the Union and engaged in concerted activities with other employees 15 N. L. R. B., No. K. 654 DROVERS JOURNAL PUBLISHING COMPANY 655 of respondent for the purposes of collective bargaining and other mutual aid and protection, and that respondent by these acts, and.by interrogating its employees regarding their labor union affiliations, and by other acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On June 21, ' 1939, the ' respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : STIPULATION AND AGREEMENT IT- IS HEREBY STIPULATED AND AGREED by and. between Drovers Journal Publishing Company, hereinafter called the respondent, American Federation of Radio Artists, Chicago Local, Affiliated With The American Federation of Labor, hereinafter called the union, and Hyman A. Schulson, attorney, National Labor Re- lations Board, that, I Upon charges- and amended charges duly filed by the union, the National Labor = Relations Board, hereinafter called the Board, by. G. L. Patterson, Regional Director for the Thirteenth Region: (Chicago, Illinois), hereinafter called the Regional Di- rector, acting pursuant to authority granted in the National Labor Relations Act, 49 Stat: 449, hereinafter called the Act, and in the. National Labor Relations Board Rules and Regulations, .Series 1, as. amended, issued its Complaint against the respondent alleging that the respondent had engaged in and was engaging in certain unfair labor practices affecting commerce within the meaning-of Section .8, Subdivisions (1) . and (3) and Section 2, _-Subdivisions '(6) and (7) of the Act.. On, June 13, 1939; a..copy of the Complaint, Notice of Hearing thereon, Amended Charges, and National Labor Relations Board Rules and Regulations, Series 1, as amended, hereinafter collectively called Board's Ex- hibit No. 1, were. duly served upon the respondent ;and the union. = . . .-. II . The respondent is and hasr.been since June 1906, a corporation organized under and existing by virtue of the laws of the State of, Illinois, having its principal office and place of business at 836 Exchange Avenue, Union Stock Yards, in the City of Chicago, County of Cook, State of Illinois. 656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The respondent is now and at all times hereinafter mentioned has been engaged at a place of business located at. 836 Exchange Avenue,. Union Stock Yards, City of Chicago, County of : Cook,. State of Illinois, in the general printing business and in the printing, publication, and distribution of farm and livestock newspapers, including the Chicago Daily Drovers Journal. The. respondent also owns and operates, under a license from the- Federal Communications Commission, a radio station under the call letters WAAF, hereinafter called WAAF, with studios on the 24th floor of the Palmer House in Chicago, Illinois, and a transmitter at the Union Stock Yards, Chicago, Illinois. IV In the course and conduct of its business and in the operations of WAAF, the respondent, during the period from June 1; 1938 to June 1, 1939, caused thirty five per cent (35%) of the studio and transmitter equipment and records used by WAAF,. valued at approximately Ten Thousand Dollars ($10,000.00),. to be purchased and transported in interstate commerce from and through States of the United States other than the State of Illinois to WAAF in the State of Illinois. WAAF operates with 1,000 watts' power on a frequency of 920 kilocycles. The principal coverage of WAAF is a radius of approximately 100 miles from Chicago, Illinois.. The programs broadcast by - WAAF have.been..detected..by...listeners.in.Statesother=than the State of Illinois. The •respondent, in the course and conduct of its business and in the operations of WAAF, is now and has been continuously receiving and transmitting intelligence- from and to States of the United States other than the State of Illinois. V The respondent is engaged in interstate commerce within the meaning of Section 2, Subdivisions (6) and (7) of the Act and the decisions of the United States Supreme Court thereunder. VI The union is a labor-organization as-defined, in Section .2^ Sub- division (5) of the Act. DROVERS JOURNAL PUBLISHING COMPANY VII 657 This Stipulation- and Agreement and Board's Exhibit No. 1 may be introduced as evidence in this Matter by filing the same with the National Labor Relations Board at Washington, D. C. The parties hereto expressly waive their rights to a hearing in this Matter, the issuance of a, Trial Examiner's Intermediate Report, and the making of Findings of Fact and Conclusions of Law by the Board pursuant to provisions of the Act. VIII Upon the record in this Matter, the pleadings, Board's Exhibit No. 1, and the Stipulation and Agreement, if approved by the Board, an Order may forthwith be entered by the Board providing as follows : Drovers Journal Publishing Company , its agents, successors, and assigns shall : 1. Cease and desist from : (a) Discouraging membership in the American Federation of Radio Artists, Chicago Local, Affiliated with the American Federation of Labor, or any other labor organization of its employees, ' by discharging or discriminating in any manner against its employees in regard to hire, tenure of employment, or any term or condition of employment; (b) In any other manner interfering with , restraining or coercing its employees in the exercise of the right to self- organization, to form, join, or assist labor organizations , to bar- gaiii-collectiveily through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection , as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action to effectuate the policies of the National . Labor 'Relations Act: . (a) Offer to Joseph Silver immediate and full reinstatement to his ' former position without prejudice to his seniority and other rights and privileges; (b) Pay back pay to Joseph Silver in the amount . of Four Hundred and Fifty Dollars ($450) and to Jack Odell in the amount of Seven Hundred Dollars ($700) on June 22, 1939 in full and complete satisfaction of all liabilities of the respondent for back pay on account of the matters and things set forth in the Complaint herein. . (c) Post immediately, upon approval of this Stipulation and Agreement by the National Labor Relations Board, in a con- 658 DECISIONS OF NATIONAL LABOR TELATIONS BOARD spicuous place at Radio Station WAAF and maintain for a. period of not less than 60 days from.the date of posting, notices to its employees at Radio Station WAAF stating that Drovers Journal Publishing Company will cease and desist in the.manner set forth above in paragraphs 1 (a) and (b) and that Drovers Journal Publishing Company will take the affirmative action set forth in paragraphs 2 (a), (b) and (c) herein. (d) Notify the Regional Director of the National Labor Re- lations Board for the Thirteenth Region within a period of fen days from the date of the Board's approval of this Stipulation and Agreement what steps Drovers Journal Publishing Company has taken to comply herewith. IT IS FURTHER STIPULATED AND AGREED that the United States Circuit Court of Appeals for the Seventh Circuit may upon ap- plication by the National Labor Relations Board enter its decree enforcing the Order of the Board in the form set out, and the respondent expressly waives its right to contest the entry of any such decree and its right to receive notice of the filing of an application for the entry of such decree. All stipulations herein made and other terms and conditions hereof are expressly made subject to the approval of the National Labor Relations Board, Washington, D. C. On July 1, 1939, the Board issued its Order approving the above stipulation, making it part of the record, and transferring the pro- ceeding to the Board for the purpose of entry of a Decision and Order by the Board. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Drovers Journal Publishing Company is an Illinois corporation with its principal office and place of business in Chicago, Illinois. It is engaged in the general printing business and in the printing, publication, and distribution of farm and livestock newspapers, including the Chicago Daily Drovers Journal, and owns and operates, under a license from the Federal Communications Commission, a radio station in Chicago, Illinois, known by the call letters WAAF. .The. principal coverage of the radio station, herein called WAAF, is a radius `'approximately 100 miles ' from Chicago, Illinois, and the programs broadcast by WAAF have been detected by listeners in States other than the State of Illinois. In the course and conduct DROVERS JOURNAL PUBLISHING COMPANY 659 of its business and in the operations of WAAF the respondent con- tinuously receives and transmits intelligence from and to States of the United States other than the State of Illinois. The-respondent in the course and conduct of its business and in the operations of WAAF, during the fiscal year ending June 1, 1939, caused 35 per cent of the studio and transmitter equipment and records used by WAAF, valued at approximately $10,000.00, to be purchased and transported from States other than the State of Illinois to WAAF in the. State of Illinois. The respondent admits that it is engaged in interstate commerce within the meaning of Section 2, Subdivisions (6) -and (7) of the Act. We find that the above-described operations constitute a continuous flow of traffic, communication and commerce among the several States. , ORDER Upon the basis of the above findings of fact, stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that Drovers Journal Publishing Company, its agents, successors, and assigns, shall: 1. Cease and desist from : (a) Discouraging membership in the American Federation of Radio Artists, Chicago Local, Affiliated with the American Federa- tion of Labor, or any other labor organization of its employees, by discharging or discriminating in any manner against its employees in regard to hire, tenure of employment, or any term or condition of employment; (b) In any other manner interfering with, restraining, or coercing its employees in the exercise of the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in con- certed activities for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National. Labor Relations Act. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Offer to Joseph Silver immediate and full reinstatement to his, former position without prejudice to his seniority and other rights, and privileges; (b) Pay back pay to Joseph Silver in the amount of four hundred and fifty dollars ($450) and to Jack Odell in the amount of seven hundred dollars ($700) on June 22, 1939 in full and complete satis- 660 DECISIONS OF NATIONAL LABOR RELATIONS BOARD faction of all liabilities of the respondent for back pay on account of the matters and things set forth in the Complaint herein; (c) Post immediately, upon approval of this Stipulation and Agree- ment by the National Labor Relations Board, in a conspicuous place at radio station WAAF and maintain for a period of not less than 60 days from the date of posting, notices to its employees at radio station WAAF'stating that Drovers Journal Publishing Company will cease and desist in the manner set forth above in paragraphs 1 (a) and (b) and that Drovers Journal Publishing Company will take the affirma- tive action set forth in paragraphs 2 (a), (b), and (c) herein; (d) Notify the Regional Director of the National Labor Relations Board for the Thirteenth Region within a period of 10 days from the date of the•Board's approval of this Stipulation and Agreement what steps Drovers Journal Publishing Company has taken to comply herewith.