The Pittsburgh Courier Publishing Co.

In the Matter of THE PITTSBURGH COURIER PUBLISHING COMPANY and PITTSBURGH NEWSPAPER PRINTING PRESSMEN 'S UNION, LOCAL No. 9, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR In the Matter of THE PITTSBURGH COURIER PUBLISHING COMPANY and PITTSBURGH STEREOTYPERS' UNION, LOCAL No. 56, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Cases Nos. C-1738 and C-17-39-Decided December 9, 1940 Jurisdiction : newspaper publishing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Henry Shore, for the Board. Mr. Nicholas Unkovic and Mr. A. W. McCandless, of Pittsburgh, Pa., for the respondent. Mr. Jos. Hagani, of Pittsburgh, Pa., for the Pressmen. Mr. Joseph A. Sharkey, of Pittsburgh, Pa., for the Stereotypers. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Pittsburgh News- paper Printing Pressmen's Union Local No. 9, herein called the Press- men, and by Pittsburgh Stereotypers' Union, Local No. 56, herein- called the Stereotypers, the National Labor Relations Board, herein called the Board, by the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania), issued its complaint, dated September 27, 1940, against The Pittsburgh Courier Publishing Company, Pitts- burgh,' Pennsylvania, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. '449, herein called the Act. Copies of the complaint and notices of hearing were duly served upon the respondent, upon the Pressmen, and upon the Stereotypers. 28 N L R. B., No 64._ 376 THE PITTSBURGH COURIER PUBLISHING COMPANY 377 Concerning the unfair labor practices, the complaint alleged, in sub- stance, (1) that the respondent, by certain named officers, agents, representatives, and employees, committed, authorized, instigated, and acquiesced in statements and conversations tending to discourage activities for the purposes of collective bargaining and other mutual aid and protection and tending to discourage membership and activity in the Pressmen and the Stereotypers; and from about November 1939 made inquiries of employees to ascertain their affiliations with out- side labor organizations and with the Pressmen and the Stereotypers; (2) that the respondent, from on or about February 19, 1940, and at all times thereafter, refused to recognize and bargain collectively with the'Pressmen and the Stereotypers on behalf of the employees in the respective appropriate units; and that between about March 8, 1940, and March 11, 1940, the respondent discharged 'all except one of its employees who were members of the Pressmen, and discharged all of its employees who were members of the Stereotypers for the purpose of avoiding its obligation to bargain with the Pressmen and the Stereotypers as the duly authorized representatives of its employees within the appropriate units; and (3) that the respondent discharged and refused to reinstate six named employees because of their mem- bership and activities in the Pressmen; and discharged and refused to reinstate four named employees because of their membership and activities in the Stereotypers. On November 1, 1940, the respondent, the Pressmen, the Stereo- typers, and counsel for the Board entered into a stipulation in settle- ment of the case. The stipulation provides as follows : I STIPULATION WHEREAS, it is the mutual desire of The Pittsburgh Courier Publishing Company, and Pittsburgh Newspaper Printing Press- men's Union, Local No. 9, and Pittsburgh Stereotypers' Union, Local No. 56, to settle amicably any differences that have arisen between them, with the sincere belief that such a settlement will be in the best interests of all parties concerned, It is hereby stipulated and agreed by and between The Pitts- burgh Courier Publishing Company, hereinafter referred to as the Respondent, Pittsburgh Newspaper Printing Pressmen's Union, Local No. 9, Pittsburgh Stereotypers' Union, Local No. 56, and Henry Shore, Attorney for the National Labor Relations Board, as follows : I Upon charges and amended charges duly filed by the Pittsburgh Newspaper Printing Pressmen's Union, Local No. 9, and by Pitts- 378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD burgh Stereotypers' Union, Local No. 56, the National Labor Re- lations Board, by the Regional Director for the Sixth Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, Stat. 449, and pursuant to Article IV, Section 1, of the National Labor Relations Board Rules and Regulations, Series 2 as amended, duly issued its Complaint and Notice of Hearing on September 27, 1940, against the Respondent herein. II This Stipulation, together with the amended charges, the Na- tional Labor Relations Board Rules and Regulations,' Series 2 as amended, Complaint and Notice of Hearing, Affidavit of Service of said Complaint and Notice of Hearing, copy of Or- der Consolidating Cases, Notice of Postponement of Hearing, Order Extending Time for Filing. of Answer, Affidavit of Serv- ice of said Order Extending Time for Filing of Answer and of Notice of Postponement of Hearing, Petition for, Postponement of Hearing, Order Denying Petition for Postponement of Hear- ing, Affidavit of Service of said Order Denying Petition for Postponement of Hearing, Notice of Further Postponement of Hearing, and Affidavit of Service of said Notice of Further Postponement of Hearing shall contsitute the entire record in this case and may be filed with the Chief Trial Examiner of the National Labor Relations Board, Washington, D. C. ^ III All the parties hereto waive their right to a hearing and to the making of Findings of Fact ,and Conclusions of Law by the National Labor Relations Board herein, and to any other or further procedure before said Board. IV , Respondent is a Corporation organized under the laws of the Commonwealth of Pennsylvania, having been incorporated in 1910. The Respondent has its principal office and place of biisi- ness in the City of Pittsburgh, County of Allegheny, Pennsyl- vania, and is and has been for a number of years engaged in the production, printing, publication, sale, and distribution of a national weekly newspaper known as THE PITTSBURGH COURIER, and of other printed matter. The principal raw materials used by the Respondent consist of news print, ink, and other printing materials. For the year 1939 and the first six THE PITTSBURGH COURIER PUBLISHING COMPANY 379 months of 1940, the value of the raw materials and machinery purchased by Respondent exceeded $100,000.00, more than 7570 of which represented raw materials and machinery purchased in Canada and States of the United States other' than the Com- monwealth of Pennsylvania, and shipped by rail and truck to the Respondent's plant in the Commonwealth of Pennsylvania. Approximately 166,000 copies of The Pittsburgh Courier per week are published, printed, and sold by Respondent. Of this number approximately 3070 is sold and shipped outside the Commonwealth of Pennsylvania, the shipments being by United States mail, by truck and by rail. Approximately half the ad- vertising appearing in Respondent's publications is secured through national advertising agencies. Respondent employs approximately one hundred persons. Respondent is engaged in interstate commerce within the meaning of Section 2, Subdivi- sions (6) and (7) of the National Labor Relations Act. V The Pittsburgh Newspaper Printing Pressmen's Union, Local No. 9, affiliated with the American Federation of Labor, is a -labor organization within the meaning of Section 2, Subdivision (5), of the National Labor Relations Act. VI The Pittsburgh Stereotypers' Union, Local No. 56, affiliated with the American Federation of Labor, is a labor organization within the meaning of Section 2, Subdivision (5), of the Na- tional Labor Relations Act. VII All of the employees of the Respondent in its Press-room Department constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor' Relations Act. VIII Since on or about February 1, 1940, and at all times there- after, to, and including the date of the signing of this Stipula- tion, the majority of the employees of the Respondent in the unit described in paragraph VII above had designated the Pittsburgh Newspaper Printing Pressmen's Union, Local No. 9, as their representative for the purposes of collective bargaining with the Respondent. 380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD All of the employees of the Respondent in its Stereotyping Department constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. - X Since on or about February 1, 1940, and at all times , there- after, to, and including the date of the signing of this Stipula- tion, the majority of the employees of the Respondent in the unit described in paragraph IX above had designated the Pitts- burgh Stereotypers' Union, Local No. 56, as their representative for the purposes of collective bargaining with the Respondent. XI Upon this Stipulation and upon the record herein, an Order may forthwith be entered by the National Labor Relations Board as follows : 1. Respondent, The Pittsburgh Courier Publishing Company, its officers, agents, successors, and assigns , shall cease and desist from : (a) In any manner interfering with, restraining or coerc- ing its employees in the exercise of their right to form, join, or assist labor organizations , to bargain collectively with rep- resentatives of their own choosing , and to engage in concerted activities for the purposes of collective bargaining or other mutual-aid or'protection. (b) Discouraging membership in the Pittsburgh .Printing Pressmen's Union, Local No. 9, in the Pittsburgh Stereotypers' Union, Local No. 56, or any other labor organization of its employees by discriminating against said employees in respect to their hire or tenure of employment or any term or condition of employment. (c) Refusing to bargain collectively with the Pittsburgh Printing Pressmen's Union, Local No. 9, as the exclusive rep- resentative of all its employees in its Press-room Department, and with the Pittsburgh Stereotypers' Union, Local No. 56, as the exclusive representative of all of its employees in its Stereotyping Department , in respect to rates of pay, wages, hours of work , and other conditions of employment. 2. Respondent, The Pittsburgh Courier Publishing Company, its officers, agents, successors , and assigns , shall take the follow- THE PITTSBURGH- COURIER PUBLISHING COMPANY 381 ing affirmative action to effectuate the purposes and policy of the National Labor Relations Act : (a) Offer to Walter Waters, Byron Peters, Nathaniel E. Johnson, Nathaniel Crowder, William Stewart, Stanley Waters, Harry Martin, Russell Wonds, C. S. Joyner, and Harold Franklin immediate and full reinstatement to their former positions of employment without prejudice to their seniority and other rights and privileges, dismissing any per- sons hired on or after March 8, 1940, who have been perform- ing the same work or work substantially equivalent to that which any of the herein named persons were performing prior to their discharge. (b) Make whole the hereinafter named employees for any loss of pay they may have suffered by reason of their discharge by payment to them of the sums hereinafter set out after their names, within forty-five (45) days from the effective date of this agreement : Walter Waters---------------------------------- $ 880. 00 Byron Peters------------------------------------ 102.10 Nathaniel E. Johnson---------------------------- 447.50 Nathaniel Crowder------------------------------ 289.20 William Stewart -------------------------------- 535.25 Stanley Waters --------------------------------- 407.00 Harry Martin ----------------------------------- 307.50 Russell Woods ---------------------------------- 236.31 C. S. Joyner------------------------------------ 173.06 Harold Franklin -------------------------------- 223.00 (c) Upon request, bargain collectively with the Pittsburgh Newspaper Printing Pressmen's Union, Local No. 9, as the exclusive representative of all of its employees in its Press- room Department, and with the Pittsburgh Stereotypers' Union, Local No. 56, as the exclusive representative of all of its employees in its Stereotyping Department, in respect to rates of pay, wages, hours of work, and other conditions of employment. (d) Post immediately in conspicuous places at its plant and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating : (1) That the Respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs ,1 (a), (b), and (c) of this order. (2) That the Respondent will take the affirmative action set forth in paragraphs 2 (a), (b), and (c) of this order. 382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (3) That the Respondent's employees are free to become or remain members of the,Pittsburgh Printing Pressmen's Union, Local, No. 9, or the Pittsburgh Stereotypers' Union, Local No. 56, and the Respondent will not discriminate against any employee because of his membership or activity in these organizations. (e) File with the Regional Director of the Sixth Region, within ten (10) days from the date of the entry of this.Order, a report in writing setting forth in detail the manner and form in which it has complied with the foregoing- require- ments, consistent with the provisions of this Order. XII. Respondent hereby consents to the entry by_ the United States Circuit Court of Appeals for the appropriate circuit, upon appli- cation of the National Labor Relations Board, of a consent decree, enforcing the Order of the National Labor Relations Board sub- stantially, in the form set forth in Paragraph- XI above, and hereby waives further notice of the application for such decree. XIII It is understood and agreed that this Stipulation embodies the entire agreement between the parties, and there is no verbal agreement of any kind which varies, -alters, or adds to this Stipulation. XIV It is understood and agreed further that this Stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon receipt of notice granting such approval. On November 27, 1940, the Board issued its order approving the above stipulation, making it a part of the record in the case, 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 above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT - - I. THE BUSINESS OF THE RESPONDENT The Pittsburgh Courier Publishing Company, a corporation with its principal office and place of business in Pittsburgh, Pennsylvania, THE PITTSBURGH COURIER PUBLISHING COMPANY 383 is engaged in the production , printing , publication , sale, and distri- bution of a national weekly newspaper known as THE PITTSBURGH COURIER, and of other printed matter. The principal raw materials used by the respondent consist of news print , ink, and other printing materials . For the year 1939 and the first 6 months of 1940, the value of the raw materials and machinery purchased by the respond- ent exceeded $100,000. More than 75 per cent of this amount repre- sented raw materials and machinery purchased in Canada and States outside the Commonwealth of Pennsylvania and shipped by rail and,truck to the respondent's plant in Pennsylvania. Approximately 166,000 copies of THE PITTSBURGH COURIER are published, printed, and sold by the respondent each week. Of this number about 30 per cent are sold and shipped outside Pennsylvania by truck and rail. -Approximately half the advertising matter which appears in the respondent's publications is secured through national advertising agencies. The respondent employs approximately 100 persons. The respondent admits 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. 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 National Labor Relations Act, the National Labor Relations Board hereby orders that The Pittsburgh Courier Publishing Company, Pittsburgh, -Pennsylvania , its officers, agents, successors , and assigns, shall : 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of their right 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 or other mutual aid or protection; (b) Discouraging membership in the Pittsburgh Printing Press- men's Union, Local No. 9, in the Pittsburgh Stereotypers' Union, Local No. 56 , or any other labor organization of its employees by discriminating against said employees in respect to their hire or tenure of employment or any term or condition of employment; . (c) Refusing to bargain collectively with the Pittsburgh Printing Pressmen 's Union, Local No. 9, as the exclusive representative of all its employees in its Press -room Department , and with the Pitts- burgh Stereotypers' Union, Local No. 56, as the exclusive representa- 384 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD tive of all of its employees in its' Stereotyping Department, in respect to rates of pay, wages, hours of work, and other conditions of employment. 2. Take the following affirmative action to effectuate the purposes and policy of the National Labor Relations Act : (a) Offer to Walter Waters, Byron Peters, Nathaniel E. Johnson, Nathaniel Crowder, William Stewart, Stanley Waters, Harry Martin, Russell Woods, C. S. Joyner, and Harold Franklin immediate and full reinstatement to their former positions of employment without prejudice to their seniority and other rights and privileges, dismiss- ing any persons hired on or after March 8, 1940, who have been performing the same work or work substantially equivalent to that which any of the herein named persons were performing prior to their discharge; (b) Make whole the hereinafter named employees for any loss of pay they may have suffered by reason of their discharge by payment to them of the sums hereinafter set out after their names, within forty-five (45) days from the effective date of this agreement:' Walter Waters----------------------------------------- $880.00 Byron Peters------------------------------------------- 102.10 Nathaniel E. Johnson----------------------------------- 447.50 Nathaniel Crowder-------------------------------------- 289.20 William Stewart---------- ------------------- ----------- 535. 25 Stanley Waters----------------------------------------- 407.00 Harry Martin------------------------------------------ 307.50 Russell Woods------------------------------------------ 236.34 C. S.Joyner -------------------------------------------- 173.06 Harold Franklin ----------------------------------------- 223. 00 (c) Upon request, bargain collectively with the Pittsburgh News- paper Printing Pressmen's Union, Local No. 9, as the exclusive repre- sentative of all of its employees in its Press-room Department, and with the Pittsburgh Stereotypers' Union, Local No. 56, as the exclu- sive representative of all its employees in its Stereotyping De- partment, in respect to rates of pay, wages, hours of work, and other conditions of employment; (d) Post immediately in conspicuous places at its plant and main- tain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating: (1) that the re- spondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a), (b), and (c) of this Order; (2), that the respondent will take the affirmative action set forth in paragraphs 2 (a), (b), and (c) of this Order; and (3) that the i The stipulation 'provides that it should become effective immediately upon receipt of notice that the Board has approved it. The Board' s order approving the stipulation was issued November 27, 1940. THE /PITTSBURGH COURIER PUBLISHING COMPANY 385 respondent's employees are free to become or remain members of the ^ Pittsburgh Printing Pressmen 's Union, Local No. 9, or the Pittsburgh Stereotypers ' Union, Local No. 56, and the respondent will not discriminate against any employee because of his member- ship or activity in these organizations; (e) File with the Regional Director for the Sixth Region, within ten\(10) days from the date of the entry of this Order, a report in writing setting forth in detail the manner and form in which it has complied with the foregoing requirements , consistent with the provisions of this Order.