Denver Printing Pressmen Local 22

National Labor Relations Board - Board Decisions

Jan 28, 1974

208 N.L.R.B. 745 (N.L.R.B. 1974)

DENVER PRINTING PRESSMEN LOCAL 22
The Denver Printing Pressmen and Assistants Union.
Local 22 , a/w the International Printing and
Graphic Communications Union and The Denver
Publishing Company and Denver Mailers Union,
No. 8. Case 27--CD-166
January 28, 1974
DECISION AND DETERMINATION OF
DISPUTE
BY MEMBERS JENKINS, KENNEDY, AND
PENELLO
This is a proceeding under Section 10(k) of the
National Labor Relations Act, as amended, follow-
ing charges filed by The Denver Publishing Compa-
ny, herein called the Employer, alleging that The
Denver Printing Pressmen and Assistants Union,
Local 22, a/w The International Printing and
Graphic Communications Union, herein called
Respondent, has violated Section 8(b)(4)(D) of the
Act. A hearing was held before Hearing Officer John
F. Sayre on November 6, 1973. The Employer,
Respondent, and Denver Mailers Union, No. 8,
herein called Mailers, appeared at the hearing' and
were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to adduce
evidence bearing on the issues. Thereafter, briefs
were filed by the Employer and by the Respondent,
which have been duly considered.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The rulings of he Hearing Officer made at the
hearing are free from prejudical error and are hereby
affirmed.
Upon the entire record in this proceeding, the
Board makes the following findings:
1. THE BUSINESS OF THE EMPLOYER
The record discloses, and we find, that Denver
Publishing Company is a Colorado corporation
engaged in the publication of a daily newspaper
distributed in Colorado, Wyoming, Utah, and other
area States. During the past 12 months, the Employer
had a gross annual revenue in excess of $200,000.
Accordingly, we find that the Employer is engaged in
commerce within the meaning of Section 2(6) and (7)
of the Act, and it will effectuate the purposes of the
Act to assert jurisdiction herein.
i At the outset of the hearing, counsel for the Mailers requested a
continuance so that he migh. institute an action in Federal court under Sec.
301 of the Act to require arbitration of the dispute When his request was
denied by the Hearing Office-, counsel for the Mailers stated that he refused
II. THE LABOR ORGANIZATIONS INVOLVED
745
The record shows, and we find, that both Respon-
dent and the Mailers exist for the purpose of
representing employees and members in matters of
wages, hours of work. and other conditions of
employment. Furthermore, both Unions have con-
tracts with the Employer, and grievances have been
processed under their respective contracts. Accord-
ingly, we find that Respondent and the Mailers are
labor organizations within the meaning of Section
2(5) of the Act.
III. THE DISPUTE
A. Background and Facts
The Employer publishes the "Rocky Mountain
News" and includes, in its Sunday edition, the "T.V.
Dial," a weekly listing of television broadcasts. Prior
to September 1973, the Employer had this "T.V.
Dial," as well as some other inserts of a similar
nature, printed by outside firms. Under this system,
the product was delivered to the Employer's premis-
es, placed in the mailroom, and then inserted into the
papers by employees who were represented by the
Mailers.
In June 1973, the Employer agreed to purchase a
four-unit Goss-Community offset press from the
Storm Peak Company and notified the Respondent
of its intention to install this press. After discussions
over the summer months, the Employer made it clear
that it was going to assign the task of taking papers
off the press to employees represented by Respon-
dent, and did so when the new press began operation
in September. By letters of August 22 and September
15, 1973, the Mailers requested that such work be
assigned to it and also asked for arbitration of the
matter. On September 28, 1973, the Respondent
wrote the Employer, stating that the assignment of
the work to employees it represents is correct and
that it understood that the Mailers had made a
demand that the work be assigned to it. The letter
contained the following paragraph:
Should you attempt to reassign the work which
has been assigned to the Denver Pressmen's
Union, either unilaterally, at the request of the
Denver Mailers Union, or in compliance with
some purported arbitration award rendered pur-
suant to the Denver Mailers Union contract, you
should be now advised that the Denver Press-
men's Union will take such action to prevent such
to participate further in the hearing and left the hearing room The hearing
was then conducted with only the Respondent and the Employer present
and offering evidence.
208 NLRB No. 114
746 DECISIONS OF NATIONAL LABOR RELATIONS BOARD '
reassignment as it may be advised, including, but
not limited to, causing a work stoppage of the
Rocky Mountain News' employees, picketing the
premises of the Rocky Mountain News and other
peaceful economic action designed to prevent any
such reassignment.
On October 3, 1973, in response to Respondent's
letter, the Employer wrote the Mailers and also filed
the subject unfair labor practice charge.
B. The Work in Dispute
The work in dispute consists of the handling of the
printed product from the Goss press as it comes out
of the press, and placing it on skids or pallets for
movement to the mailroom where it is inserted into
the newspapers by_ employees represented by the
Mailers. The "T.V. Dial" (or similiar product) comes
off the press through either a count-o-veyor, which is
an attachment to the press that conveys the product
away from the press and counts it, or. the product
falls onto a conveyer belt which conveys it from the
press. In either event, the papers are then picked up
by an employee, straightened into a pile on a jogger,
and then stacked on a skid for removal to the
mailroom.
C. Contentions of the Parties
The Employer contends that the disputed work
should be left as assigned to employees represented
by the Respondent; that this dispute is properly
before the Board because of the Respondent's threat
and the fact that no voluntary means exists to settle
this dispute to which all parties are bound; and that
the assignment is consistent with its contract with
Respondent, follows company and area practice, is
more economical and efficient , and involves skill
which only employees represented by Respondent
possess.
The Respondent, in all basic respects, agrees with
the contentions of the Employer.
As noted, the Mailers desire arbitration of this
dispute, but did not otherwise take any position with
respect to this proceeding.
D. Applicability of the Statute
Before the Board may proceed with a determina-
tion of dispute pursuant to Section 10(k) of the Act,
it must be satisfied that there is reasonable cause to
believe that Section 8(b)(4XD) has been violated, and
that there is no agreed-upon method for the
voluntary adjustment of the dispute.
Y San Diego Stereotypers' Union No. 82, affiliated with the International
Stereotypers and Electrotypers Union of North America (Union-Tribune
Publishing Company), 201 `NLRB 893; Local 1184, Southern California
As described supra, the record shows that Respon-
dent demanded that the work not be reassigned to
employees represented by the Mailers, and threat-
ened to strike if such a reassignment were made.
Accordingly, and without ruling on the credibility of
the testimony in issue , we are satisfied that there is
reasonable cause to believe a violation of Section
8(b)(4)(D) did occur. -
Furthermore, we are not satisfied that all parties
have agreed to be bound to a voluntary method for
the private settlement of this dispute. The Board has
long declined to find that grievance proceedings not
involving all parties to the dispute constitute an
adequate method for adjustment within the meaning
of Section 10(k). The fact that there are two
contracts, one between the Employer and Respon-
dent , and another between the Employer and the
Mailers, each providing for arbitration of such
disputes under that contract, does not support a
finding that all parties have agreed to be bound by a
single tripartite arbitration proceeding.2 Under these
circumstances, we find that it will effectuate the
policies of Section 10(k) and Section 8(bx4)(D) of
the Act for us to determine the merits of the dispute,
and we therefore find that this dispute is properly
before the Board.
E. Merits of the Dispute
Section 10(k) of the Act requires that the Board
make an affirmative award of the disputed work
after giving due consideration to various relevant
factors.
1. Certification and collective-bargaining
agreements
Neither of the labor organizations involved herein
has been certified as collective -bargaining represent-
ative for a unit of the Employer's employees.
Both unions involved herein are under the terms of
settlement agreements with the Employer, agree-
ments which succeed prior contracts which have
expired. The Respondent's contract provides that it
shall apply to "pressrooms operated by the Employ-
ers and that the jurisdiction of this contract extends
over all printing presses employed in said press-
rooms, including, but not limited to, gravure, offset
and letterpress printing presses and associated
devices. . . ." In contrast, the Mailers contract
covers, "all work pertaining to mailing, such as
tagging, any form of addressing done in the mailing
room, stamping, wrapping, inserting, stuffing or
quarter folding as presently practiced, jogging of
District Council of Laborers (H. M. Robertson Pipeline Constructors), 192
NLRB 1078.
DENVER PRINTING PRESSMEN LOCAL 22
papers for automatic machines, ... distributing and
counting in the mail room...." In our opinion,
because of the fact that Respondent's contract
specifically covers functions performed in the press-
room, the location of the work ip dispute, we find
that its contract favors the Employer's assignment.
2. Employer and area practice
Inasmuch as the Employer previously had con-
tracted with outside firms for the printing of the
"T.V. Dial" and, therefore, the work in dispute was
not performed in its plant, we find that the factor of
the Employer's practice is not helpful in making our
determination. However, the record does ' disclose
three companies in the Denver area at which
employees represented by Respondent perform the
work in dispute. We therefore find that the area
practice favors the Employer's assignment.
3. Skills, efficiency, and economy of
operation
As indicated by the area practice, it appears that
employees represented by Respondent possess the
skills necessary to perform the work in dispute. With
respect to efficiency and economy , employees repre-
sented by Respondent are already present and
functioning in the pressroom in order to perform
other duties in relation to the operation of the press,
and also would be available to stop the presses in
case of problems , We therefore find that the factors
747
of efficiency and economy favor- the Employer's
assignment.
CONCLUSIONS
Having considered all pertinent factors present
herein, we conclude that employees who are repre-
sented by Respondent are entitled to perform the
work in dispute . This assignment is consistent with
the initial assignment, the contracts , the area prac-
tice, and the efficiency and economy of operation. In
making this determination , we are awarding the work
in question to employees employed by the Employer
who are represented by the Respondent, but not to
that Union or its members . The present determina-
tion is limited to the particular controversies which
gave rise to this proceeding.
DETERMINATION OF DISPUTE
Pursuant to Section 10(k) of the National Labor
Relations Act, as amended, and upon the basis of the
foregoing findings and the entire record in this
proceeding, the National Labor Relations Board
makes the following Determination of Dispute:
Employees of The Denver Publishing Company
who are currently represented by The Denver
Printing Pressmen and Assistants Union, Local 22,
a/w The International Printing and Graphic Com-
munications Union, are entitled to handle the
printed product from the Goss press as it comes out
of the press and place it on skids or pallets for
movement to the mailroom.