American Newspapers, Inc.

In the Matter of AMERICAN NEWSPAPERS, INC., ILLINOIS PUBLISHING AND PRINTING COMPANY, EVENING AMERICAN PUBLISHING COMPANY and CHICAGO NEWSPAPER GUILD, LOCAL 71 OF THE AMERICAN NEWS- PAPER GUILD In the Matter of AMERICAN NEWSPAPERS, INC., ILLINOIS PUBLISHING AND PRINTING COMPANY, EVENING AMERICAN PUBLISHING COMPANY and CHICAGO NEWSPAPER GUILD, LOCAL 71 OF THE AMERICAN NEWS- PAPER GUILD In the Matter of AMERICAN NEWSPAPERS , INC., ILLINOIS PUBLISHING AND PRINTING COMPANY and CHICAGO NEWSPAPER GUILD, LOCAL 71 OF THE AMERICAN NEWSPAPER GUILD In the Matter of ILLINOIS PUBLISHING AND PRINTING COMPANY and CHICAGO EDITORIAL ASSOCIATION, LOCAL No. 21690 , AFFILIATED WITFI THE A. F. OF L. In the Matter of EVENING AMERICAN PUBLISHING COMPANY and CHICAGO EDITORIAL ASSOCIATION, LOCAL No. 21690, AFFILIATED WITH THE A. F. OF L. Cases Nos. R-839, C-1118, C-1119, R-1544, and R-1545, respectively ORDER VACATING ORDER AND SUBSTITUTING MODIFIED ORDER AND AMENDMENT TO DIRECTION OF ELECTIONS May 8,1940 On April 12,1940, the National Labor Relations Board, herein called the Board, issued a Decision, Order and Direction of Elections in the above-entitled proceedings.' On April 25, 1940, American News- papers, Inc.; Illinois Publishing and Printing Company; Evening American Publishing Company; Chicago Editorial Association, Local No. 21690; Newspaper Commercial Associates, Local No. 21662; Chi- cago Newspaper Guild, Local 71 of the American Newspaper Guild, herein called the Guild; the Regional Director for the Thirteenth 1 22 N. L R B. 899. 23 N. L. R B, No. 57. 660 AMERICAN NEWSPAPERS, INC. 661 Region; and counsel for the Board, entered into the following stipulation : IT IS HEREBY STIPULATED AND AGREED by and between American Newspapers, Inc., Illinois Publishing and Printing Company and Evening American Publishing Company, hereinabove and here- inafter collectively called the Employer, Chicago Editorial Asso- ciation, Local No. 21690, hereinafter called the Editorial Associa- tion, Newspaper Commercial Associates, Local No. 21662, hereinafter called the Commercial Associates, Chicago Newspaper Guild, Local 71 of the American Newspaper Guild, hereinabove and hereinafter called the Guild, and Garnett L. Patterson, Re- gional Director of the National Labor Relations Board, Region Thirteen, and Isaiah S. Dorfman, Regional Attorney of the Na- tional Labor Relations Board, Region Thirteen, that : I. The Guild agrees and hereby asks leave of the National Labor Relations Board to withdraw without leave to reinstate that portion of its Fourth Amended Charge in Case No. C-1118, which alleges that the Employer instigated the formation of the Commercial Associates and contributed support to said labor organization, and II. To withdraw without leave to reinstate the Charge in Case No. C-1119. III. All parties hereto stipulate and agree and request the Board to vacate and set aside such portions of the Findings of Fact, Conclusions of Law and the Order as are based upon the Charges withdrawn by the Guild in paragraphs I. and II. IV. All parties hereto' stipulate and agree and request the National Labor Relations Board to amend its Direction of Elec- tions so as to provide that the elections therein directed shall be held not sooner than ninety (90) days from the date of the Amended Direction of Elections to be issued, and not later than one hundred and eighty (180) days from the said date and that the said Direction of Elections be further modified by striking therefrom the following language in the second paragraph thereof: ". . . Board's Direction setting the date for the election, exclud- ing employees employed after December 5, 1938, to take the place of strikers, including the strikers appearing in Appendix "A" hereof ..." and by substituting therefor the word, "election"; and by striking from the said Direction of Elections, Appendix A-1, Appendix A-2, Appendix A-3, and Appendix A-4. V. The Employer agrees to comply with the said Decision, Order and Direction of Elections as modified by the National 283034-41-vol 23----43 662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Labor Relations Board in accordance with this Stipulation and Agreement. VI. The Employer agrees to ask leave of the United States Cir- cuit Court of Appeals for the Seventh Circuit to withdraw its Petition for Review of the above-entitled Decision, Order and Direction of Elections, Case No. VII. The Editorial Association and Commercial Associates agree to ask leave of the United States Circuit Court of Appeals for the Seventh Circuit to withdraw their Petition for Review of the above-entitled Decision, Order and Direction of Elections, Case No. This Stipulation and Agreement is subject to the approval of the National Labor Relations Board. On April 27, 1940, the Board approved the stipulation and ordered it made part of the record herein. Upon the above stipulation and the entire record in the case, the Board hereby grants the Guild's request for leave "to withdraw with- out leave to reinstate that portion of its Fourth Amended Charge in Case No. C-1118, which alleges that the Employer instigated the for- mation of the Commercial Associates and contributed support to said labor organization"; grants the Guild's further request for leave "to withdraw without leave to reinstate the Charge in Case No. C-1.119" and, IT IS ORDERED that such portions of the Findings of Fact and Con- clusions of Law as are based upon the above Charges withdrawn by the Guild be, and the same hereby are, vacated and set aside, AND IT IS FURTHER ORDERED that the Order of the Board herein, issued on April 12, 1940, be, and it hereby is, vacated and set aside and a modified order be substituted therefor, to read as follows : ORDER Upon the basis of a stipulation, and findings of fact and conclusions of law heretofore made by the National Labor Relations Board, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondents, American Newspapers Inc., Illinois Publishing and Printing Com- pany, and Evening American Publishing Company, their officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) Interfering with the activities of Chicago Newspaper Guild, Local 71 of the American Newspaper Guild, by discouraging their employees from attending meetings of the Guild, by paying delinquent dues of Guild members to render them eligible to vote on Guild mat- AMERICAN NEWSPAPERS, INC.' 663 ters, or by seeking to ascertain the names of Guild members or the action taken at Guild meetings, through the use of spies or otherwise; (b) Discouraging membership in Chicago Newspaper Guild, Local 71 of the American Newspaper Guild, or any other labor organization of their employees, by discharging or in any other manner discrim- inating in regard to their hire and tenure of employment or any term or condition of their employment because of membership in or activity in connection with any such labor organization; (c) In any other manner interfering with, restraining, or coercing their 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 concerted activities for the purposes of collective bargaining and other mutual aid and protection, as guaranteed in Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Upon application, offer to Howard Mayhew and Harold Sulli- van, full reinstatement to their former or substantially equivalent positions without prejudice to their seniority or other rights and privileges; (b) Make whole Howard Mayhew and Harold Sullivan for any loss of pay they have suffered by reason of their respective discharges, by payment to Mayhew of a sum equal to that which he would nor- mally have earned as wages from the date of his discharge to the date of the offer of reinstatement made to him following the issuance of the Intermediate Report, and from the date of any refusal by the respond- ents to reinstate him upon application after the issuance of this Order to the date of reinstatement; and by payment to Sullivan of a sum equal to that which he would normally have earned as wages from the date of his discharge to the date of the Intermediate Report, and from the date of any refusal to reinstate him upon application after the issuance of this Order to the date of reinstatement; less, in each case, net earnings during such periods and less the discharge indem- nity paid to them by the respondents at the time of their discharge; deducting, further, from the amount otherwise due to each of them, monies received by him during said period for work performed upon Federal, State, county, municipal, or other work-relief projects, and paying over the amount so deducted to the appropriate fiscal agency of the Federal, State, county, municipal, or other government or gov- ernments which supplied the funds for said work-relief projects; (c) Post immediately in conspicuous places in their plant and maintain for a period of at least sixty (60) consecutive days; notices to their employees stating that the respondents will cease and" desist as provided in Section 1 (a), (b), and (c) of this Order, and that the respondents will take the affirmative action described in Section 2 (a) 664 DE.CISIONS'.OF NATIONAL LABOR. RELATIONS BOARD and (b) of this Order; and further stating that the respondent's employees are free to become or remain members of Chicago News- paper Guild, Local 71 of the American Newspaper Guild, and that the respondents will not discriminate against any employee because of membership or activity in that organization; (d) Notify the Regional Director for the Thirteenth Region in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. AND IT IS FURTHER ORDERED that the complaint be, and it hereby is, dismissed in so far as it alleges that the respondent, Illinois Pub- lishing and Printing Company, discharged Harry Read by reason of his membership in and activities in behalf of the Chicago Newspaper Guild and because of his testimony in a hearing before a Trial Exam- iner designated by the Board ; and in so far as it alleges that the respondents suggested, advised, urged, and warned their employees to become members of the Chicago Editorial Association; and in so far as it alleges that the respondents instigated the formation of the Commercial Associates and contributed support thereto. Upon the above stipulation and the entire record in the case, the Board hereby amends its Direction of Elections, issued on April 12, 1940,1to read as follows : AMENDED DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as a part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bar- gaining with the respondents, American Newspapers Inc., Evening American Publishing Company and Illinois Publishing and Printing Company, Chicago, Illinois, elections by secret ballot shall be con- ducted, not sooner than ninety (90) days from the date of the Amend- ment to Direction of Elections, and not later than one hundred and eighty (180) days from the said date, under the direction and super- vision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the Board, and subject to Article III, Sec- tion 9, of said Rules and Regulations, within the groups described below who are on the pay roll immediately preceding the date of the election, and including employees who did not work during such pay- roll period because they were ill or on vacation and employees who were then or have at the time of the elections been temporarily laid AMERICAN NEWSPAPERS, INC. 665 off, but excluding those who have at the time of the elections quit or been discharged for cause: (a) Employees in the editorial department, excluding space writers, executives and supervisory employees as defined above, John Dien- hart, employees under personal-service contracts, and the personal secretaries of corporate officials White, Meigs, Koehler, and Malloy, to determine whether they desire to be represented for purposes of collective bargaining by Chicago Newspaper Guild, Chicago Editorial Association, or by neither; (b) Employees in the commercial departments, excluding execu- tives and supervisory employees as defined above, roadmen super- visors Hunt, Jardine, and Karper, building-maintenance employees, employees who are members of and are bargained for by craft unions, all Sangamon Street employees, Canadian and country roadmen, watchmen, guards, color-plant employees, boy builders, Canadian point supervisors, temporary employees, magazine agency employees, employees under personal-service contracts, district managers, and the confidential secretaries of Business Manager Fulton, Circulation Director Parker, and Advertising Director McNamee, to determine whether they desire to be represented for purposes of collective bar- gaining by Chicago Newspaper Guild, Newspaper Commercial Asso- ciates or by neither. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Order Vacating Order and Substituting Modified Order and Amendment To Direction Of Election.