National Herald, Inc.

In the Matter of NATIONAL HERALD, INO. and ANDREW SIIMABIS Case No. C-1541;Decided April 30, 194.0 Newspaper Publishing Business-Settlement: stipulation providing for com- pliance with the Act, including back pay in specified amount to one employee- Order: entered on stipulation. Mr. Richard J. Hickey, for the Board. Milton Gladstone, by Mr. Samuel A. Miller, of New York City, and Mr. H. R. Korey, of New York City, for the respondent. Mr. Robert F. Koretz, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon an amended charge duly filed by Andrew Sumakis,' the National Labor Relations Board, herein called the Board, by the Regional Director for the Second Region (New York City) issued its complaint, dated March 21, 1940, against National Herald, Inc., New York City, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices 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. Copies of the complaint, accompanied by a notice of hearing, were duly served upon the respondent, Sumakis, and Mailers' Union No. 6, A. F. of L. Concerning the unfair labor practices, the complaint alleged in substance. that the respondent, on or about January 7, 1939, dis- charged Andrew Sumakis, employed at its New York plant, and has since refused to reinstate him because he engaged with others in concerted activities for the purposes of collective bargaining and other mutual aid and protection; that from on or about November 1937 down to and including the date of the issuance of the complaint, the respondent, by its officers and agents, has urged, persuaded, and warned its employees at its New York plant to refrain from forming, 1 The original charge was filed on January 13, 1939, by Andrew Sumakis, John Tzanakis, and Aristo Contos ; the amended charge was filed on November 16, 1939. 23 N. L. R. B., No. 31. 477 478 DECISIONS OF NATIONAL LABOR RELATIONS BOARD becoming, or remaining members of, any labor organization, and has threatened said employees with discharge and other reprisals if they formed, became, or remained members of, a labor organization; and that by the aforesaid acts and by other acts, the respondent has interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. Pursuant to notice, a hearing was held on April 11, 1940, at New York City, before James C. Paradise, the Trial Examiner duly designated by the Board. The respondent and the Board were represented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the hearing on April 11, 1940, the Trial Examiner received in evidence a stipulation in settlement of the case entered into by the respondent, Andrew Sumakis, and counsel for the Board. This stipulation provides as follows : STIPULATION It is hereby stipulated and agreed by and between National Herald, Inc., Andrew Sumakis and Richard J. Hickey, Attor- ney, National Labor Relations Board, as follows : 1. Respondent, National Herald, Inc., is a corporation organ- ized and existing under and by virtue of the laws of the State of New York, the principal place of business of said respondent being 134-140 West 26th Street, Borough of Manhattan, City, County, and State of New York. 2. Respondent conducts a newspaper publishing and job printing business. Respondent publishes a daily and Sunday newspaper known as the "National Herald". This newspaper is known as a for- eign language newspaper, published in the Greek language, and is the largest Greek daily newspaper published in the United States. 3. National Herald, Inc., consents to the jurisdiction of the National Labor Relations Board, and concedes that it is engaged in interstate commerce within the meaning of the National Labor Relations Act, and for that purpose it supplies to the Board the following information, upon which the Board can make findings of fact: (a) The principal raw materials used by the respondent are newsprint and ink, of which approximately ten per cent is shipped to respondent's plant from outside the State of New York, the balance being purchased within the City of New York NATIONAL HERALD, INC. 479 and shipped to respondent from points within the State of New York. (b) The daily circulation of the respondent's newspaper is approximately 14,000, of which approximately 4,000 are sold within the State of New York and 10,000 are sold outside the State of New York but to other states in the union. (c) Respondent uses the United States mails for the purpose of sending the out of the State edition of said newspaper to subscribers who reside outside of the State of New York. (d) Twenty per cent of the news carried in the columns of respondent's newspaper consists of foreign news sent to respond- ent by correspondents in foreign countries. For that purpose such correspondents utilize the Commercial Cable Company to transmit such daily news to the respondent. (e) Respondent's newspaper carries in its columns daily comic strips, photos, cartoons, editorials, and other syndicated features obtained from the Bell Syndicate, King Features Syndicate, United Feature Syndicate, and N. E. A. Service. The total of such syndicated features obtained from outside of the State of New York constitute ten per cent of the total make-up of the paper. (f) Approximately sixty per cent of the advertising carried by respondent's newspaper in its columns is national advertising, shipped to respondent from outside the State of New York, and advertising products manufactured outside of the State of New York. 4. Upon the basis of the facts stipulated in paragraphs num- bered 1 to 4 above, the pleadings heretofore filed, this stipulation and by agreement of the parties hereto, the National Labor Rela- tions Board may enter its Order in the following form in the above-entitled case : ORDER On the basis of this stipulation and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Rela- tions Board hereby orders that respondent, its officers, agents, successors and assigns shall : 1. Cease and desist : (a) From in any manner interfering with, restraining or coercing its employees in the exercise of their rights to self- organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choos- ing and to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act; 480' DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) From discouraging membership in any labor organization, by discrimination in regard to hire or tenure of employment. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Pay to Andrew Sumakis the sum of One Hundred Fifty ($150.00) Dollars for any loss of pay which he may have suffered by reason of his discharge; (b) Post immediately in conspicuous places throughout its plant and maintain for a period of sixty (60) consecutive days copies of this Order; (c) Notify the Regional Director for the Second Region in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. 5. The respondent hereby consents to the entry by the United States Circuit Court of Appeals for the appropriate circuit, upon application, by the Board, of a consent decree enforcing the Order of the Board in substantially the same form as here- inabove set forth and hereby waives further notice of the application for such decree. 6. The entire agreement is contained within the terms of this stipulation and there. is no verbal agreement of any kind which varies, alters or adds to the stipulation. 7. It is the understanding of the parties that in carrying out Section 2 (a) of the above Order that the sum of One Hundred Fifty ($150.00) Dollars shall be paid to said Andrew Sumakis within three (3) days after respondent receives notice of the approval of this stipulation by the National Labor Relations Board. 8. It is understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon the granting of such approval. On April 18, 1940, the Board issued its order approving the above stipulation, making it a part of the record, and transferring the proceeding to the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the stipulation. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, a New York corporation, is engaged- in the busi- ness of newspaper publishing and job printing. The respondent publishes a daily and Sunday newspaper known as the "National NATIONAL HERALD, INC. :481 Herald," which is the largest daily newspaper published in the Greek language in the United States. The principal raw materials used by the respondent are newsprint and ink, of which approximately 10 per cent is shipped to the re- spondent's plant from outside the State of New York. Twenty per cent of the news carried in the columns of the respondent's newspaper is cabled to the respondent by correspondents in foreign countries. Ten per cent of the total make-up of the respondent's newspaper consists of syndicated features obtained from outside of the State of New York from several of the Nation-wide services. Approximately 60 per cent of the advertising carried in the respond- ent's newspaper is national advertising which is shipped to the respondent from outside the State of New York and advertises products manufactured outside the State of New York. The daily circulation of the respondent's newspaper is approximately 14,000 copies, of which approximately 10,000 copies are sold in other States to subscribers to whom they are mailed by the United States mails. The respondent concedes that it is engaged in interstate commerce within the meaning of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States and between the United States and foreign countries. 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 National Herald, Inc., New York City, its officers, agents, successors and assigns shall: 1. Cease and desist : (a) From in any manner interfering with, restraining, or coercing its employees in the exercise of their rights 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 purposes of collective bargaining or other mutual aid or protection as guaranteed -in Section 7 of the National Labor Relations Act; (b) From discouraging membership in any labor organization by discrimination in regard to hire or tenure of employment. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Pay, if it has not already done so, to Andrew Sumakis the sum of One Hundred Fifty ($150.00) Dollars for any loss of pay which he may have suffered by reason of his discharge; 482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Post immediately in conspicuous places throughout its plant and maintain for a period of sixty (60) consecutive days copies of this Order; (c) Notify the Regional Director for the Second Region in writing within ten (10 ) days from the date of this Order what steps the respondent has taken to comply herewith.