Hearst Publications, Inc.

National Labor Relations Board - Board Decisions

Mar 30, 1942

39 N.L.R.B. 1256 (N.L.R.B. 1942)

In the Matter Of HEARST PUBLICATIONS, INCORPORATED (Los ANGELES
EXAMINER DEPARTMENT) and Los ANGELES NEWSBOYS LOCAL IN-
DUSTRIAL UNION No. 75, C. I. O.
In the Matter of STOCKHOLDERS PUBLISHING COMPANY, INC. and Los
ANGELES NEWSBOYS LOCAL INDUSTRIAL UNION No. 75, C. I. O.
Cases Nos. C-2050 and C4051, respectively.Decided March 30, 194
Jurisdiction : newspaper publishing industry
Unfair Labor Practices
Collective Bargaining: union's majority established by certification ; refusal to
bargain collectively.
Board reaffirmed its determination in previous representation proceedings,
in the absence of any other relevant evidence, that newsboys engaged in
street vending of newspapers, within the unit found appropriate by the
Board, are employees within the meaning of Section 2 (3) of the Act, and
not independent contractors, as employer contends, and found that employer
by its refusal to deal with the certified representative violated Section 8 (5).
Units Appropriate for Collective Bargaining : (1) all newsboys engaged in the
street sale of the Examiner at established spots 4 or more hours a day, 5 or
more, days a week, within Los Angeles, California, except temporary newsboys ;
(2) all full-time newsboys and checkmen who are engaged to sell the News
within Los Angeles, California, excluding bootjackers, temporary, casual, and
part-time newsboys.
Definitions : district managers held to be employees and not independent con-
tractors of publisher and that their control over checkmen and newsboys is
exercised on behalf of the publisher.
Mr. James A. Cobey, for the Board.
Lawler, Felix c Hall, by Mr. John H. Hall, of Los Angeles, Calif.,
and Mr. Harvey J. Kelley, of Harrison, Idaho, for the Examiner.
Bin f ord cPc Bin f ord, by Mr. L. B. Bin f ord, of Los Angeles, Calif.,
for the News.
Mr.•Pat Comorre, of Los Angeles, Calif:, for the Union.
Mr. Eugene R. Thorrens, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed' by Los Angeles, Newsboys Local Indus-
trial Union No. 75, C. I. 0., herein called the Union, the National
i Charges against Hearst Publications, Incorporated (Los Angeles Examiner Depart-
ment), and against Stockholders Publishing Company, Inc., were filed on November 21,
1941.
39 N. L. R, B, No. 234.
1256
IHEARST PUBLICATIONS, .INCORPORATED 1257
Labor Relations Board, herein called the Board, by the Regional
Director for the Twenty-first Region (Los Angeles, California),
issued its complaints, dated December 5, 1941, against Hearst Publi-
cations, Incorporated (Los Angeles Examiner Department), and
Stockholders Publishing Company, Inc., herein called the respond-
ents (sometimes called the Examiner and the News, respectively);
alleging that the respondents had engaged in and were engaging
in unfair labor practices affecting commerce, within the meaning
of Section 8 (1) and (5) and Section' 2 (6) and (7) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act.2 Copies,
of the complaints accompanied by notice of hearing were duly served
upon the respondents and the Union.
Concerning the unfair labor practices, the complaints alleged in
substance : (1) that on or about Noveipber 14, 1941, and thereafter,
the Examiner and, on or about August 27, 1941, and thereafter,
the News refused to bargain collectively with the Union as the
exclusive representative of their employees within appropriate bar-
gaining units, although the Union represented a majority of such
employees and (2) that by such refusals the respondents interferred
with, restrained, and coerced their employees in the exercise of the
rights guaranteed in Section 7 of the Act.
On December 15 and 16, 1941, respectively, the Examiner and the
News filed answers admitting certain allegations of the complaints,
but denying the commission of the alleged unfair labor practices
and interposing certain defenses hereinafter set forth.
Pursuant to notice, a hearing-was held in Los Angeles, California,
on December 16, 1941, before Thomas S. Wilson, the Trial Examiner
duly designated by the Chief Trial Examiner. The Board and the
respondents were represented by counsel, and the Union by its repre-
sentative. All parties participated in the hearing and were afforded
full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues.
On December 15, 1941, the Examiner had filed a written motion
with the Regional Director to dismiss the complaint on the ground
that the Board was without jurisdiction since the Examiner's opera-
tions did not affect interstate commerce and neither the members
of the Union nor other. persons alleged in the complaint as com-
s By order entered on December 3 , 1941, the Board , pursuant to Article II, Section' 36
(b), of its Rules and Regulations-Series 2, as amended, had consolidated the cases for
the purposes of the proceeding . At the hearing herein the respondents objected to the
consolidation order. The Trial Examiner overruled the objection . The ruling is hereby
affirmed In our present decision , as well as in the Board's decision in the representation
proceeding hereinafter referred to, we have not considered evidence with respect to one
publisher as applicable to any other publisher.
1258 DECISIONS OF NATIONAL LABOR - RELATIONS BOARD
prising the unit appropriate for the purposes of collective bargaining
were employees of the Examiner. The Regional Director did not
rule upon the motion. A similar motion was filed by the News at
the outset of the hearing. The Trial Examiner denied the motions.
During.the course of the hearing; the Trial Examiner made several
rulings on other motions and on objections to the admission of
evidence. The Board has reviewed the rulings of the Trial Ex-
aminer and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Thereafter the Trial Examiner issued and duly served upon the
parties his Intermediate Report, dated January 7, 1942, finding that
the respondents had engaged in and were engaging in unfair labor
practices affecting commerce, within the meaning of Section 8 (1)
and (5) and Section 2 (6) and (7) of the Act, and recommending
that the respondents cease and desist from their unfair labor prac-
tices and, upon request, bargain collectively with the Union. On
February 2, 1942, the Examiner, and on February 6, 1942, the News
filed exceptions to the Intermediate Report and briefs in support
of the exceptions. Pursuant to notice duly served on all parties,
a hearing for the purpose of oral argument was held before the
Board in Washington, D. C., on February 19, 1942. , The respond-
ents were represented by counsel and participated in the argument.
The Union did not appear.
The Board has considered the exceptions to the Intermediate
Report and the briefs submitted by the parties, and insofar as they
are inconsistent with the findings of fact, conclusions of law, and
order set forth below, finds the exceptions to be without merit.
` Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THb RESPONDENTS s
A. Hearst Publications, Incorporated (Los Angeles Examiner
Department)
Hearst Publications, Incorporated, is a California corporation
with its principal office and place of business in San 'Francisco,
California. It is engaged in the publication of various daily and
a The facts related in this section are taken from the Board 's Decision and Direction
of Elections dated January 9 , 1941, in Matter of Stockholders Publishing Company and
Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0., et al, 28 N. L. R. B.
1006, a representation proceeding which, as hereinafter set forth, involved the respondents
.herein. In the present proceeding it was stipulated by all parties that the business of the
respective respondents has continued without material change from that conducted by
them at the time of the hearing in the afore-mentioned representation proceeding.
5
HE'ARST PUBLICATIONS, INCORPORATED 1259
Sunday newspapers, including the Los Angeles Examiner .4 The
Examiner is a morning newspaper published daily, including Sunday,
at its plant in Los Angeles,. California." It has a daily 6 average
circulation of approximately 213,460 copies and a Sunday circulation
of approximately 566,175 copies. It is distributed throughout the
State of California, principally in the metropolitan area of Los
Angeles. Of the daily circulation, approximately 2 percent or 3,743
copies are sold and distributed outside the State of California. Of
the Sunday edition, approximately 8 percent or 46,091 copies are
sold and distributed outside the State of California.
The principal raw materials used in printing the Examiner include
newsprint, mats, and ink. During the year 1939, all the newsprint,
consisting of 31,470 tons, was obtained from the States of Washing-
ton and Oregon and the Dominion of Canada. During the same
period, all the mats, numbering 51,100, were obtained from the State
,of New York. The ink used, amounting to 1,065,581 pounds; was
manufactured in the State of California.
The Examiner uses International News Service, Associated Press,
and Dow-Jones Financial Service wire reports. It uses daily approxi-
mately 88,750 words obtained from these services. The Examiner
supplies at least 1 wire service engaged in, the interstate transmis-
sion of news with local news which the Examiner has collected. In
1939 the Examiner received and published approximately 58 feature
services, the material for many of which was prepared and originated
in States other than the State of California.
During the year 1939 an average of 32 percent of the space in the
1
+ In addition to the Examiner , Hearst Publications , Incorporated , operates five other
Newspapers ( Los Angeles Evening Herald and Express , San Francisco Examiner, San
Francisco Call-Bulletin , Oakland Post-Enquirer , and Seattle Post-Intelligencer ) and owns
stock in the following subsidiaries : ( 1) American Weekly, Inc , a New York corporation
which publishes "The American Weekly," a Sunday magazine and comic section which is
a supplement and part of various Sunday newspapers published in cities throughout the
United * States ; ( 2) Illinois Publishing and Printing Company, an Illinois corporation,
which publishes the "Chicago Herald-American"; (3) Pitt Publishing Company, a Pennsyl-
vania corporation , which publishes the "Pittsburgh Sun-Telegraph " and operates through
Its subsidiary WCAE, Incorporated , radio station WCAE; and (4) The Times Publishing
Company , a Michigan corporation which publishes "Detroit Times ." Hearst Publications,
Incorporated is a wholly owned subsidiary of Hearst Consolidated Publications, Inc, a
Delaware corporation , all of the common stock of which is owned by The Hearst Cor-
poration , a Delaware corporation , a wholly owned subsidiary of American Newspapers,
Inc., a Delaware corporation . Clarence J Shearn, as voting trustee , holds the legal title
to all the common stock of American Newspapers , Inc., for the benefit of William Randolph
Hearst. Hearst Consolidated Publications , Inc., The Hearst Corporation , and American
Newspapers, Inc., have various subsidiaries engaged in the publishing and other businesses
in various parts of the United States . Cf. Matter of William Randolph'Hearst , Hearst
Publications, Inc., Hearst Consolidated Publications, Inc, Hearst Corporation , American
Newspapers, Inc, and King Features Syndicate , Inc., and American Newspaper Guild,
Seattle Chapter, 2 N. L. R. B. 530 , enf'd as mod.,.National Labor Relations Board v. Hearst,
102 F. ( 2d) 658 (C C. A. 9).
5 This plant is devoted exclusively to the publication of the Examiner and is - operated
independently of other Hearst papers.
Exclusive of Sunday.
1260 DECISIONS OF NATIONAL LABOR' RELATIONS BOARD
daily and 48 percent,of the Sunday issues of the Examiner was
devoted to advertising. Of this advertising space, 89.67 percent con-
tained advertising originating in the State of California while the
remainder, 10.33 percent, contained advertising originating outside
the State of California.
B. Stockholders Publishing Company, Inc.
Stockholders Publishing Company, Inc., a Nevada corporation
having its principal place of business in Los Angeles, California, is
engaged in the publication, distribution, and sale of a daily (except
Sunday) newspaper, "The News." 7 The principal raw materials used
in the printing of the News consist of newsprint, mats, ink, and
photographic supplies. During the year 1939, all the newsprint,
costing approximately $470,000, and all the mats, costing approxi-
mately $4,800, were obtained outside the State of California. During
the same period, all the ink, costing approximately $16,000, and
most of the photographic supplies, costing approximately $3,600,
were purchased within the State of California. The daily average
circulation of the News for March 1940 was 195,725 copies, 534 of
'which were circulated and distributed outside the State of California.
- The News uses the wire reports of United Press which furnishes
news sent from outside the State of California. It uses daily approx-
imately 27,000 words obtained from this wire service. In 1939 the
News" published 13 feature services which ' it received from service
houses located outside the State of California.
During 1939, 9,909,000 lines of space was devoted to local, national,
and classified advertising. Of this advertising space, 1,500,000 lines
were devoted to national advertising.
II. THE ORGANIZATION INVOLVED
Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0., is
a labor organization chartered by the Congress of Industrial Organi-
zations, admitting to membership employees of the respondents.
M. THE UNFAIR LABOR PRACTICES
A. The refusal to bargain collectively
1. The appropriate units
The complaints allege that the following units are appropriate for
the purposes of collective bargaining : ( a) all newsboys engaged in
7 About April 1, 1940, the News combined "The Daily News," the morning edition, and
"The Evening News." and thus established a 24-hour' publication under a single name,
"The News"
HEARST PUBLICATIONS, INCORPORATED 1261
the street sale of the Examiner at established spots 4 or more hours a
day, 5 or more, days a week, within Los Angeles, California, except
temporary newsboys, and (b) all full-time newsboys and checkmen
who are engaged to sell the News within Los Angeles, California, ex-
cluding bootjackers, temporary, casual , and part-time newsboys. The
respondents contend that such units are inappropriate because news-
boys having interests similar to those sought to be included in the units
are excluded. We considered that contention in the Board's Decision
and Direction of Elections, dated January 9, 1941, and found it to be
without merit." Thg respondents introduced no new evidence bearing
upon the appropriate units in the present proceeding. We have re-
considered the contention of the respondents and find no merit in it.
We find, as did the Trial Examiner, that (a) all newsboys engaged
in the street sale of the Examiner at established spots 4 or more hours
a day, 5 or more days a week, within Los Angeles, California, except
temporary newsboys, and (b) all full-time newsboys and checkmen
who are engaged to sell the News within Los Angeles, California, ex-
cluding bootjackers, temporary, casual, and part-time newsboys, con-
stitute units appropriate for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other condi-
tions of employment. We further find that the aforesaid employees
at all times material herein constituted and now constitute units appro-
priate for the purposes of collective bargaining and that such units
insure to, employees of the respective respondents the full benefit of
their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act. ,
2. Representation by the Union of a majority in the appropriate units
Pursuant to the Board's Decision and Direction of Elections, dated
January 9, 1941,9 separate elections by secret ballot were conducted
under the, direction and supervision of the Regional Director for the
Twenty-first Region (Los Angeles, California) on May 14,1941, among
newsboys of the News, and on May 15, 1941, among newsboys of the
Examiner. As a result of the elections, the Board issued its Supple-
mental Decision and Certification of Representatives, dated July 30,
1941,10 and its Certification of Representatives, dated October 20,
1941,11 certifying that the Union had been designated and selected by
a majority of all employees within the aforesaid appropriate units, and
that pursuant to,the provisions of Section 9 (a) of the Act, the Union
was the exclusive representative of all such employees for the purposes
8 Matter o f Stockholders Publishing Company, Inc.,- et at., and Los Angeles Newsboys
Local Industrial Union No 75, C. 1. 0., 28 N. L. R. B. 1006.
9 28 N . L. R. B. 1006.
10 33 N L R. B. 941.
1136 N. L. R. B. 285.
1262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
of collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment. No evidence was
introduced in the present proceeding to rebut the presumption arising
from the-certifications that the Union is still such representative.
We • find, as did the Trial Examiner, that on and at all times
after July 30, 1941, with respect to the News, and at all times after
October 20, 1941, with respect to the Examiner, the Union was the
duly designated bargaining representative of a majority of the em-
ployees in each of the aforesaid appropriate units, and that pursuant
to the provisions .of Section 9 (a) of the Act, the Union was at all
such times and is now the exclusive representative of all employees
in each of the aforesaid units for the purposes of collective bargain-
ing with respect to rates of pay, wages, hours of employment, and
other conditions of employment.
3. The refusal to bargain
The complaints allege, and the respondents admit in their respec-
tive answers, that on or about August 27, 1941, and thereafter, with
respect to the News, and on or about November 14, 1941, and. there-
after, with respect to the Examiner, the respondents refused to bargain
collectively with the Union. The answers, however, assert that such
refusals,to bargain were based upon advice of counsel and in the
bona fide belief that the Board had no jurisdiction over the respond-
ents with respect to their relationship with the newsboys since. they
were independent contractors and not employees. The respondents
denied in their answers `that they were engaged in commerce within
the meaning of the Act. -
- In its Decision and Direction of Elections dated January 9, 1941,12
based upon the record of the representation hearing held at Los An-
geles, California, from June 10 to 27, 1940, the Board held that the
respondents were engaged in commerce within the meaning of Section
2 (6) and (7) of the Act, and that the newsboys of the respondents
within the aforesaid appropriate units were employees within the
meaning of Section 2 (3) of the Act.13 The respondents did not call
any witnesses or introduce any other relevant documentary evidence
at-the present hearing 14
12 28 N. ;L. R. B . 1006. '
12 During • the hearing on the complaints ,. the Examiner and the News stipulated that
"if all witnesses called by the Union, the Board , and respondent at the hearing at Los
Angeles,. California , from June 10 , 1940, to June 27, 1940, were called to testify in this
proceeding at this time, their testimony would be substantially the same as the testimony
given at said hearing on June 10, 1940, to June 27, 1940 , . . .
14'The Examiner offered in evidence , and the Trial Examiner rejected, transcripts of
testimony and findings of the Industrial Accident Commission of the State of California
in a workmen 's compensation case wherein the Examiner was found not to be the employer
of a newsboy . We hereby affirm the Trial Examiner 's ruling.
HEARST PUBLICATIONS, INCORPORATED 1263
The News urges, however, that the evidence introduced in the repre-
sentation proceeding with respect to the News fails to support the
Board's findings of fact underlying Its ultimate conclusion with respect
to the status of the' newsboys vending the News. Particularly, the
News asserts, contrary to our findings, that district managers handling
its publication are not carried on its pay roll and that they are not
employees of the News. While not all the findings in the Board's de-
cision, dated January 9, 1941, with respect to the relation between
the publisher, district manager, and newsboy are applicable to the
News, the record supports our previous determination that the district
managers handling the News, like district managers of the other
publishers involved in the representation proceeding, are employees
of the News and that through the district managers the News directs
and controls the newsboys with respect to the circulation and dis-
tribution of that publication.
District managers of the News receive for their services a guaran-
teed minimum plus commissions and, to that extent, are on the News'
pay roll. If the earnings of a district manager are less than the
guaranteed minimum, the News pays him an amount sufficient to
yield the district manager the minimum guarantee. In the event
the district manager's income exceeds the minimum guarantee, he
retains the excess. The News argues that, because its district man-
agers fix the amount which they charge newsboys for copies of the
News, they are independent contractors making whatever profit they
can from the resale of papers. We rejected this contention in the
prior representation proceeding. The minimum sum guaranteed by
the, News to its district managers is no more than a fixed salary bear-
ing another label. The so-called profit above the minimum guar-
antee is merely a variant of the bonus or commission system typical
of nearly all mercantile business .5 We are of the opinion that the
method used by the News for payment of its district managers sup-
ports our previous finding that 'they are employees of the News and
that their control over checkmen and newsboys, hereinafter described,
is exercised on behalf of the News.
Furthermore, the News allocates a geographical area, varying in
size, to each district manager and each district manager is authorized
to distribute the News within the assigned territory.16 Each district
>.: We have fienuently held solicitors and salesmen paid on a commission basis to be
employees of the firms they represent . See, for example , ,Tatter of Washington Branch of
the Sun Life Insurance Company of America and Industrial and Ordinary Insurance Agents
Union No 2135., Industrial and Ordinary Insurance Agents Council, 15 N L R B 817, 821
1° Dutton F 0 Brien , circulation manager of the News, testified that district managers,
either come to the office for their papers or the various editions of the News are sent to the
district managers in "their tei ritories " In then testimony , News district managers re-
ferred to "my district ." The title "district manager" implies that each manager has a
fixed disti ict Furthermore. the fact that the newsboys have fixed locations indicate that
the district managers have definite districts allocated to them by the News
448105-42-vol 39-81
1264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
manager obtains newspapers for the 'purposes of distribution at the
News' office, or the News transports the newspapers to the district
manager at a designated point within his territory. The district
manager travels throughout his district, and delivers the newspapers
to newsboys who sell them to the public, or to'so-called checkmen sta-
tioned at important corners or spots who redistribute the newspapers
to newsboys stationed at neighboring corners and spots of lesser
importance. The checkmen, are unquestionably employees of the
News for the purpose of redistributing the newspapers and the dis-
trict managers have supervision over them in the performance of their
duties.17
The newsboy vending the News customarily obtains his corner or
spot by making application for "a job" to the News district manager,
who assigns an opening to the applicant. In addition to allocating
corners and spots, News district managers also issue detailed instruc-
tions as to the specific places within the newsboy's allotted territory
where he is to engage in selling activities, particularly with reference
to standing in street traffic and covering business establishments
wnere large numbers of people congregate. News district managers,
in at least some instances, unilaterally determine the number of papers
allocated to newsboys for sale.'' The price of the newspaper to the
public is set by the News and is printed on the masthead. The news-
boys and the district managers are permitted by the News to retun-n
unsold copies and receive credit for them. Newsboys vending the
News retain for themselves as earnings the difference between the
amount they pay the district manager for the newspaper and the
sum they receive for it from the public. The News, however, fur-
nishes paraphernalia, including racks, change aprons, and placards
advertising special features contained in the newspaper, bearing the
name of the publisher. To facilitate the work of the newsboy and
to increase circulation, News district managers distribute such equip-
ment and advertising matter to the newsboys with instructions to
keep the newspapers in the racks and to display the advertising
matter on posts, fire plugs, or other vantage points. Generally the
newsboy vending the News is required to be at his post from the time
the newspapers customarily appear on the street to the time settle-
"For his services in redistributing newspapers the checkm,uh receives a small salary fiom
the Nees The checkman is care red on the Ne s' pay roll and, at least to the extent of such
se5vlces, he is admittedly an einplo'ce of the News In addition to such redistiibuting
activity, the checkman sells newspapers to tho public and, in all other respects, lie occupies
a position similar to that of the ordinary newsboy
18 In finding in the representation proceeding that district managers of the publishers fix
the numbeh of papers that the newsboy must attempt to sell, the Board relied, in part, upon
the testimony of Arthur Steuart, a newsboy At the oral argument betote the Board in the
instant proceeding, counsel for the News asserted that Steuart's testimony retei red only to
control exercised by Herald district managers The record shows, however, that Steuart
also sold the News and that lie testified that the News disti ict manager, Willie Matz. "gives
me . the number he figures I should hal, e "
HEARST PUBLICATIONS, INCORPORATED 1265
ment is made, and in some instances the News district manager defi-
nitely fixes the newboy's hours. Pursuant to specific instructions of
the News, its district managers instruct newsboys vending the News
as to the manner of holding the paper while engaged in street selling.
In their discretion News district managers transfer newsboys who sell
the News from one location to another for various reasons, and disci-
pline them for neglect of their selling activities.
In support of their contention that the newsboys are not employees
both respondents rely upon our decision in Matter of Houston Chron-
icle Publishing Company and Houston Newsboys Union, Local 45f
That case does not govern in the present proceeding. In the Hous-
ton Chronicle case we held that the newsboys involved-in that pro-
ceeding were not employees within the meaning of the Act since the
record in that case disclosed that the publisher exercised no super-
vision or control over activities of the newsboys with respect to the
manner and methods used in news vending. In the Houston Chron-
icle case, unlike.the situation in the instant proceeding, it appeared
that, among other things, any person could secure newspapers at
wholesale from the publisher to sell on the streets; the newsboys them-
selves were alone responsible ford the location they selected to sell
newspapers; the publisher in no way regulated the number of papers
issued to the newsboys; and, the newsboys were free from company
restriction with respect to the manner and methods used on the
street in news vending.
We have re-examined the evidence introduced at the representation
hearing. Since we see no reason to depart from our prior determi-
nation, we hold that the newsboys involved in this proceeding are
employees within the meaning of Section 2 (3) of the Act.
We find, as did the Trial Examiner, that the' respondent News
on August 27, 1941, and at all times thereafter, and that the respond-
ent Examiner on November 14, 1941, and at all times thereafter, has
each refused to bargain collectively with the Union as the exclusive
representative of its'employees in an appropriate unit and has thereby
interfered with, restrained, and coerced its employees in the exercise
of the rights guaranteed in Section 7 of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of each of the respondents, set forth in Section III
above, occurring in connection with the operations of each of the
respondents described in Section I above, have a close, intimate, and
substantial relation'to trade, traffic, and commerce among the several
States and tend to lead to labor disputes burdening and obstructing
commerce and the free How of commerce.
1028 N I. It B 1043
1266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE REMEDY
Since we have found that the respondents have engaged in unfair
labor practices , we will order that they cease and desist therefrom
and take certain affirmative action designed to effectuate the policies
of the Act.
We hale found that the respondents have refused to bargain col-
lectively with the Union as the representative of a majority of the
employees in appropriate units. We will therefore order that the
respondents, upon request, bargain collectively with the Union.
Upon the basis of the above findings of fact and upon the entire
record in the cases , the Board makes the following :
CONCLUSIONS OF LAW
1. Los Angeles Newsboys Local Industrial Union No. 75, C. I. 0.,
is-a, labor organization, within the meaning of Section 2 (5) of the
A,ct.
2. The following employees of Hearst Publications, Incorporated
(Los Angeles Examiner Department), of Los Angeles, California, at
all times material herein, constituted and now constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the National Labor Relations Act:
all newsboys engaged in the street sale of the Examiner at estab-
lished spots 4 or more hours a day, 5 or more clays a week, within
Los Angeles, California, except temporary newsboys.
3. The following employees of Stockholders Publishing Company.
Inc., of Los Angeles , California. at all times material herein, consti-
tuted and now constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act: all full-time newsboys and checkmen
who are engaged to sell the News within Los Angeles, California,
excluding bootjackers, temporary, casual, and part-time newsboys.
4. Los i Angeles Newsboys Local Industrial No. 75, C. I. 0., has
been at all times material herein and still is the exclusive representa-
tive of all employees in each of the aforesaid units for the purposes
of collective bargaining within the meaning of Section 9 (a) of the
Act.
5. By refusing to bargain collectively With Los- Angeles Newsboys
Local Industrial Union No. 75, C. I. 0., as the exclusive representa-
tive of all its employees in an appropriate unit, each of the re-
spondents has engaged in and is engaging in unfair labor practices,
within the meaning of Section 8 (5) of the Act.
6. By interfering with, restraining, and coercing its employees in
the exercise of the rights guaranteed in Section 7 of the Act, each
HEARST PUBLICATIONS, INCORPORATED 1267
i,f the respondents has engaged in and is engaging in unfair labor
practices ,, within the meaning of Section 8 (1) of the Act.
7. The aforesaid unfair labor practices are unfair labor practices
affecting commerce, within the meaning of Section 2 (6) and (7) of
the Act.
ORDER
Upon the basis of the above findings of fact and conclusions of
law, and upon 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 respondent, Hearst Publica-
tions, Incorporated (Los Angeles Examiner Department), and its
officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) Refusing to bargain collectively with Los Angeles Newsboys
Local Industrial Union No. 75, C. I. 0., as the exclusive bargaining
representative of its employees who are newsboys engaged in the
street sale of the Examiner at established spots 4 or more hours a
day, 5 or more days a. week, within Los Angeles, California, except
temporary newsboys;
(b) Engaging in any like or related acts or conduct interfering
with, restraining, or coercing its employees in the exercise of the
right 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 purpose of collective
bargaining or other mutual aid or protection, as guaranteed in Sec-
tion 7 of the Act.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Upon request bargain collectively with Los Angeles Newsboys
Local Industrial Union No. 75, C. I. 0., as the exclusive represent-
,i-1 ive of its employees who are newsboys engaged in the street sale
cf the Examiner at established spots 4 or more hours a day, 5 or more
days a week, within Los Angeles, California, except temporary
newsboys ; ,
(b) Post' °notices immediately in conspicuous places in its plant
and offices at Los Angeles, California, and maintain such notices for
a period of at least sixty (60) consecutive days from the date of
posting, stating (1) that the respondent will not engage in the con-
duct from which it is ordered to cease and desist in paragraphs 1 (a)
and (b) of this Order, and (2) that the respondent will take the
affirmative action set forth in paragraph 2 (a) of this Order;
(c) Notify the Regional Director for the Twenty-first Region in
writing, within ten (10) days from the date of this Order, what steps
the respondent has taken to comply herewith-.
1268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the above findings of fact and conclusions of
law, and upon' the entire record in the case, and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that the respondent, Stockholders Pub-
lishing Company, Inc., and its officers, agents, successors. and assigns,
shall :
1. Cease and desist from :
(a) Refusing to bargain collectively with Los Angeles -Newsboys
Local Industrial Union No. 75, C. I. 0., as the exclusive bargaining
representative of its employees who are full-time newsboys and check-
mnen engaged to sell the News within Los Angeles, California, exclud-
ing bootjackers, temporary, casual, and part-time newsboys;
(b) Engaging in any like or related acts or conduct interfering
with, restraining, or coercing its employees in the exercise of the
right 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 purpose of collective
bargaining or other mutual aid or protection, as guaranteed in Sec-
tion 7 of the Act.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act:
(a) Upon request bargain collectively with Los Angeles Newsboys
Local Industrial Union No. 75, C. I. 0., as the exclusive representa-
tive of its employees who are full-time newsboys and checkmen en-
gaged to sell the News within Los Angeles, California, excluding
bootjackers, temporary, casual, and part-time newsboys;
(b) Post notices immediately in conspicuous places in its plant and
offices at Los Angeles, California, and maintain such notices for a,
period of at least sixty (60) consecutive days from the date of post-
ing stating (1) that the respondent will not engage in the conduct
from which it is ordered to cease and desist in paragraphs 1 (a) and
(b) of this Order, and (2) that the respondent will take the affirma-
tive action set forth in paragraph 2 (a) of this Order;
(c) Notify the Regional Director for the Twenty-first Region in
writing, within ten (10) days from the date of this Order, what steps
the respondent has taken to comply ,herewith.