Honolulu Star-Bulletin, Ltd.

National Labor Relations Board - Board Decisions

Mar 7, 1960

126 N.L.R.B. 1012 (N.L.R.B. 1960)

1012 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Honolulu Star-Bulletin , Ltd. and Kenneth Tamanaha and
Honolulu Typographical Union No. 37, International Typo-
graphical Union , AFL-CIO, Party to the Contract
Honolulu Star-Bulletin , Ltd. and Anthony van Kralingen, Jr.
and Honolulu Typographical Union No. 37, International
Typographical Union, AFL-CIO, Party to the Contract. Cases
Nos. 37-CA-108 and 37-CA-109. March 7, 1960
SUPPLEMENTAL DECISION AND ORDER
On March 26, 1959, the Board issued its Decision and Order' in
the above-entitled proceedings finding that the Respondent had en-
gaged in unfair labor practices as alleged in the complaint and order-
ing it to cease and desist therefrom and to take certain affirmative
action. On November 25, 1959, the United States Court of Appeals
for the District of Columbia Circuit disagreeing with certain of the
Board's findings of facts, set aside the Board's order and remanded
the cases for the entry of orders not inconsistent with the court's
opinion.2 In accordance with the court's findings, we shall dismiss
the complaint except insofar as it alleges the discriminatory discharge
of Kenneth Tamanaha and issue a revised order consistent therewith.
ORDER
Upon the entire record in these cases, and pursuant to Section 10 (c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that Respondent Honolulu Star-
Bulletin, Ltd., its officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) Encouraging membership in, and adherence to, Honolulu Typo-
graphical Union No. 37, International Typographical Union, AFL-
CIO, or any affiliated labor organization, by discharging employees
because they have not performed a condition of union membership, or
in any other manner discriminating against employees in regard to
their hire or tenure of employment or any term or condition of em-
ployment, except to the extent permitted by Section 8(a) (3) of the
Act as modified by the Labor-Management Reporting and Disclosure
Act of 1959.
(b) In any like or related manner interfering with, restraining, or
coercing employees in the exercise of the rights guaranteed in Section
7 of the Act.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
1123 NLRB 395.
z Honolulu Star-Bulletin, Ltd. v. N.L R B., 274 F 2d 567 (C A., D C ).
126 NLRB No. 125.
HONOLULU STAR-BULLETIN, LTD. 1013
(a) Offer to Kenneth Tamanaha immediate and full reinstatement
to his former or substantially equivalent position without prejudice
to his seniority or other rights and privileges and make him whole
for any loss of pay suffered by reason of the discrimination against
him, in the manner set forth in "The Remedy" section of the Inter-
mediate Report.
(b) Preserve and make available to the Board, or its agents, upon
request, for examination and copying, all payroll records, social se-
curity payment records, timecards, personnel records and reports, and
all other records necessary to analyze the amount of backpay due and
the rights of employment under the terms of this Order.
(c) Post at its plant at Honolulu, Territory of Hawaii, copies of
the notice attached hereto marked "Appendix A." 3 Copies of said
notice, to be furnished by the Regional Director for the Twentieth
Region, shall, after being duly signed by Respondent's authorized
representatives, be posted by Respondent immediately upon receipt
thereof and be maintained by it for 60 consecutive days thereafter, in
conspicuous places, including all places where notices to employees
are customarily posted. Reasonable steps shall be taken by Respond-
ent to insure that said notices are not altered, defaced, or covered by
any other material.
(d) Notify the Regional Director for the Twentieth Region, in
writing, within 10 days from the date of this Order, what steps it
has taken to comply herewith.
In all other respects the complaint is hereby dismissed.
MEMBER BEAN took no part in the consideration of the above Sup-
plemental Decision and Order.
8 In the event that this Order is enforced by a decree of a United States Court of
Appeals , there shall be substituted for the words "Pursuant to a Decision and Order"
the words "Pursuant to a Decree of the United States Court of Appeals , Enforcing an
Order "
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify our employees that :
WE WILL NOT encourage membership in, and adherence to,
Honolulu Typographical Union No. 37, International Typo-
graphical Union, AFL-CIO, or any affiliated labor organization,
by discharging employees because they have not performed a con-
dition of union membership or in any other manner discrimi-
nating against employees in regard to their hire or tenure of
employment or any term or condition of employment, except to
1014 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the extent permitted by Section 8(a) (3) of the Act as modified
by the Labor-Management Reporting and Disclosure Act of 1059.
WE WILL NOT in any like or related manner interfere with,
restrain, or coerce our employees in the exercise of the rights
guaranteed in Section 7 of the Act.
WE wiLL offer to Kenneth Tamanaha immediate and full rein-
statement to his former or substantially equivalent position,
without prejudice to his seniority or other rights and privileges,
and make him whole for any loss of pay suffered by reason of the
discrimination against him.
All our employees are free to become, remain, or refrain from
becoming or remaining members of any labor organization, except
to the extent above stated.
HONOLULU STAR-BULLETIN, LTD.,
Employer.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Cascade Employers Association , Inc. and General Teamsters
Local Union No. 324 , International Brotherhood of Teamsters,
Chauffeurs , Warehousemen & Helpers of America. Case No.
36-CA-915. March 8, 1960
DECISION AND ORDER
On June 30, 1959, Trial Examiner Maurice M. Miller issued his
Intermediate Report in the above-entitled proceeding, finding that
the Respondent had engaged in and was engaging in certain unfair
labor practices and recommending that it cease and desist therefrom
and take certain affirmative action, as set forth in the copy of the
Intermediate Report attached hereto. Thereafter, the Respondent and
General Counsel each filed exceptions to the Intermediate Report and
supporting briefs.
The Board has reviewed the rulings made by the Trial Examiner
at the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the exceptions and briefs, and the entire record in
the case, and hereby adopts the findings, conclusions, and recommenda-
tions of the Trial Examiner with the following exceptions, additions,
and modifications.
126 NLRB No. 118.