American Newspapers, Inc.

National Labor Relations Board - Board Decisions

May 8, 1940

23 N.L.R.B. 660 (N.L.R.B. 1940)

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.