Blade-Tribune Publishing Co.

National Labor Relations Board - Board Decisions

Dec 16, 1969

180 N.L.R.B. 432 (N.L.R.B. 1969)

432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Blade-Tribune Publishing Company and San Diego
Typographical Union, Local 221 , International
Typographical Union , AFL-CIO. Case
21-CA-6808
December 16, 1969
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN MCCULLOCH AND MEMBERS
BROWN AND ZAGORIA
On December 6, 1966, the National Labor
Relations Board issued its Decision and Order in the
above-entitled proceeding,' finding that the
Respondent had engaged in and was engaging in
certain unfair labor practices within the meaning of
Section 8(a)(1) and (5) of the National Labor
Relations Act, as amended, and ordering the
Respondent to cease and desist therefrom and take
certain affirmative action including , inter alia, an
order that the Respondent bargain with the Union.
Thereafter, the United States Court of Appeals
for the Ninth Circuit issued a decision,2 remanding
the instant proceeding to the Board for
reconsideration of the propriety of the bargaining
order in view of the Supreme Court' s opinion in
N.L.R.B. v. Gissel Packing Co. Inc., 395 U.S. 575.
The Board duly considered the matter and, having
decided to reconsider the 8(a)(5) finding and the
bargaining order in light of the Gissel case, supra,
notified the parties on August 11, 1969, of its
decision to reconsider and invited statements of
position. Statements of position have been received
from the Respondent, the Charging Party, and the
General Counsel.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
1161 NLRB 1512
'71 LRRM 3104.
'Respondent moves for an order reopening the hearing of receiving
affidavits in lieu thereof In support of its motion Respondent alleges a
change in the ownership of Respondent , change in the location and manner
of Respondent' s production, and changes in the bargaining unit
complement . In view of our disposition herein , we find it unnecessary to
pass upon Respondent ' s motion
National Labor Relations Board has delegated its
powers in connection with this case to a
three-member panel.
The Board, having reviewed the entire record in
this case' pursuant to the Court's remand, including
the statements of position, makes the following
additional findings and conclusions:
In its original decision the Board found that: (1)
the Respondent violated Section 8(a)(1) of the Act
by asking employees whether they supported the
Union and what they thought of the Union, by
suggesting to 3 of the 24 unit employees the
possibility of a new benefit, and by changing one
union adherent's work schedule; (2) the Union here
involved represented a majority of the employees in
an appropriate unit as evidenced by dues payments
and authorization cards. In its original decision the
Board additionally found that the Respondent's
refusal to bargain with the Union was in bad faith,
and thus violative of Section 8(a)(5) of the Act.
Notwithstanding our earlier finding that the
Respondent acted in bad faith in refusing to bargain
with the Union, we now find - in light of the
standards enunciated by the Supreme Court in
N.L.R.B. v. Gissel Packing Co., 395 U.S. 575 -
that the Respondent did not violate Section 8(a)(5)
of the Act. In our view the 8(a)(1) violations, as
summarized above, considered in the context in
which they occurred as detailed more fully in the
original Trial Examiner's Decision, fall within the
category described by the Court in Gissel, supra, as
"minor or less extensive unfair labor practices,
which, because of their minimal impact on the
election machinery, will not sustain a bargaining
order."
Accordingly, we shall dismiss the 8(a)(5)
allegations of the complaint.'
SUPPLEMENTAL ORDER
Based on the foregoing, and the entire record in
this case, the National Labor Relations Board
orders that the 8(a)(5) allegation of the complaint in
this case be, and hereby is, dismissed.
'Member Brown concurs in this result
180 NLRB No. 56