Intl. Stereotypers and Electrotypers Local No.25

National Labor Relations Board - Board Decisions

Sep 13, 1971

193 N.L.R.B. 103 (N.L.R.B. 1971)

INTL. STEREOTYPERS AND ELECTROTYPERS LOCAL NO. 25 103
International Stereotypers and Electrotypers Union,
Local No. 25 and Niagara Falls Gazette Publishing
Corporation and Niagara Falls Typographical
Union, Local 233, affiliated with the International
Typographical Union , AFL-CIO and Buffalo Web
Pressmen and Assistants Union , Local No. 30,
affiliated with the International Printing Pressmen
and Assistants Union , AFL-CIO. Cases
3-CD-356,13-CD-356-2
September 13, 1971
DECISION AND DETERMINATION OF
DISPUTES
wholly owned subsidiary of Gannett Company, Inc.,
and publishes in Niagara Falls, New York, a daily
newspaper with a circulation of about 35,000. It
employs in its Niagara Falls plant about 200 employ-
ees. During the past 12 months it has had gross
revenues in excess of $200,000. During the same
period it has subscribed to interstate news services,
published nationally syndicated features, and adver-
tised nationally sold products. We find that the
Employer is engaged in commerce within the meaning
of Section 2(6) and (7) of the Act and that it will
effectuate the policies of the Act to assert jurisdiction
herein.
BY MEMBERS FANNING, JENKINS, AND
KENNEDY
This is a proceeding under Section 10(k) of the
National Labor Relations Act, as amended, following
charges filed by the Niagara Falls Gazette Publishing
Corporation (herein referred to as the Employer)
alleging that International Stereotypers and Electro-
typers Union, Local No. 25 (herein referred to as the
Stereotypers), has violated Section 8(b)(4)(D) of the
Act. A duly scheduled hearing was held before
Hearing Officer James J. Palermo on April 5, 29, and
30, 1971.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this proceeding to a three-
member panel.
All parties, including Buffalo Web Pressmen and
Assistants Union, Local No. 30, affiliated with the
International Printing Pressmen and Assistants Un-
ion, AFL-CIO (herein referred to as the Pressmen),
and Niagara Falls Typographical Union, Local 233,
affiliated with the International Typographical Un-
ion, AFL-CIO (herein referred to as the Typogra-
phers), the Stereotypers, and the Employer, appeared
at the hearing and were afforded a full opportunity to
be heard, to examine and cross-examine witnesses,
and to adduce evidence on the issues.
The Board has reviewed the rulings of the Hearing
Officer made at the hearing and finds that no
prejudicial error was committed. The rulings are
hereby affirmed.
Upon the entire record in this case, including the
briefs of the Stereotypers, the Employer, the Press-
men, and the Typographers, the Board makes the
following findings:
1. THE BUSINESS OF THE EMPLOYER
The parties stipulated to the following facts: The
Niagara Falls Gazette Publishing Corporation is a
II. THE LABOR ORGANIZATIONS INVOLVED
The parties stipulated and we find that Internation-
al Stereotypers and Electrotypers Union, Local No.
25; the Buffalo Web Pressmen and Assistants Union,
Local No. 30, affiliated with the International
Printing Pressmen and Assistants Union, AFL-CIO;
and the Niagara Falls Typographical Union, Local
233, affiliated with the International Typographical
Union, AFL-CIO, are labor organizations within the
meaning of Section 2(5) of the Act.
III. THE DISPUTES
A. Background and Facts of the Disputes
In late 1968 the Employer decided to convert its
composing room operation from a hot metal process
to a photocomposition process, a coldtype process. In
the following months the Employer purchased and
installed the necessary equipment. Employees repre-
sented by the Typographers were assigned to operate
the equipment and trained to do so. The conversion
process has been a gradual one and even as of the date
of the hearing had not been completed. However, a
substantial proportion of the newspaper is presently
being produced by the photocomposition method.
The product of this process is a zinc engraving plate.
More recently the Employer has determined to make
this engraving plate slightly thinner and to eliminate
the need for making a lead plate for the press by using
this engraving plate directly on the press to print the
newspaper. On August 6, 1970, Employer announced
its decision to print directly from the engraving plate
to the representatives of the three Unions involved.
Both the Stereotypers and the Pressmen claimed the
work of mounting the zinc engraving plate onto the
plastic saddle as a preliminary step in mounting the
engraving plates onto the presses. Subsequently, on
January 28, 1971, the Stereotypers also claimed the
work of making the engraving plates from the point of
making the necessary photograph until the process is
completed. On January 29, 1971, the Stereotypers
193 NLRB No. 16
104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
threatened to strike if Employer attempted to convert means of a bending and bonding process, and
to direct printing upon the expiration of its contract mounted on the press to print the newspaper. Thus the
with the Stereotypers without assigning the placing of need for the lead plate would be eliminated.
the engraving plates upon a saddle to employees
represented by the Stereotypers. On February 9, 1971, B. Work in Dispute
the Stereotypers informed Employer that if it attempt-
ed to make the contemplated conversions with the The work in dispute is the production of the zinc
work assignment it preferred it could expect a strike engraving plate from the point the page is placed
and picketing. before the camera until the completed engraving is
Prior to 1969, the procedure for producing the delivered to the Pressmen for placing on the press.
newspaper was basically as follows: typographers This includes the work involved in placing the
using linotype machines, set copy into lead type. The completed engraving plate on a saddle by means of
typographers then arranged the lead type into the bending and bonding process in preparation for
chases'-each representing one full page of the placing it on the press.
newspaper. The stereotypers then made a matrix by
C. Contentions of the Partiesplacing semiwet cardboard over the top of the chase
and applying pressure so that the plate in the chase The Employer and the Typographers contend that
makes an impression on the cardboard. The card- the Employer's assignment of the disputed work of
board was then dried into a semicylindrical shape. producing the engraving plate to employees repre-
The stereotypers then placed the matrix into a form sented by the Typographers should be upheld because
and poured in molten metal which dried in the form of of the following factors: related skills, employer
a casting of the matrix forming a semicylinderical preference, efficiency and economy of operations,
stereotype pressplate. Pressmen then placed the and area and industry practice. The Stereotypers
pressplate onto the press to print the newspaper. contends that the work should be assigned to
In 1969, the Employer started the process of employees which it represents because of the follow-
converting to photocomposition or coldtype. Under ing factors: contractual provisions and effect on
that process photocomposition machines set photo- employees.
graphically the type for copy. In this process, the copy The Employer and the Pressmen contend that the
comes out of the photocomposition machines in the Employer's assignment of the work of placing the
form of white paper with black characters. This paper engraving plates on the saddle by means of the
is then cut into strips and pasted down as it would bending and bonding process in preparation for
appear on the finished page. The pasted down copy is placing it on the press should be upheld because of the
called a mechanical. The mechanical is then photo- following factors: employer preference and efficiency
graphed and the film developed. The resulting and economy of operations.2 The Stereotypers con-
negative, which is the size of a newspaper page, is then tends that the work should be assigned to employees
inspected for flaws. If any imperfections appear, they which it represents because of the following factor:
are opaqued or blacked out. The negative is then effect on employees.
placed on a sensitized zinc plate and exposed to
intense light causing the plate to become acid resistant D. Applicability of the Statute
in those areas in which light is able to pass through the
negative. The plate is then placed in an etching The charge which was duly investigated by the
machine in which acid is splashed against the plate Regional Director alleges a violation of Section
eating away those areas of the plate that will not be 8(b)(4)(D) of the Act. The Regional Director was
printed. The etched plate is then used to make a satisfied upon the basis of such investigation that
matrix which is in turn used to make a semicylinderi- there was reasonable cause to believe that a violation
cal stereo pressplate as in the hot type process. had been committed and therefore that a hearing
Pressmen then place the plate onto the press and use it should be held in accordance with Section 10(k) of the
to print the newspaper. Act. On the basis of the entire record, including the
In the summer of 1970, the Employer decided that Stereotypers' threat to picket and strike unless its
in view of recent technological advances it would no work assignment demands were met, we find there is
longer be necessary to make the lead stereo pressplate reasonable cause to believe that a violation of the Act
from the zinc plate but rather the zinc plate could be has occurred and that the dispute is properly before
made slightly thinner, placed on a plastic saddle by the Board for determination.3
I A rectangular frame into which pages or columns are fastened 3 The Pressmen raises some question as to whether the threats by the
2 In addition the Employer contends that the assignment should be Stereotypers were to prevent the assignments or to compel a change by the
upheld because of contractual provisions in the Pressmen 's contract . Employer in favor of the Stereotypers . However, it concedes that there is
INTL. STEREOTYPERS AND ELECTROTYPERS LOCAL NO. 25
E. The Merits of the Disputes
As the Board stated in J. A. Jones Construction Co.,4
we shall determine the appropriate assignment of
disputed work in each case presented for resolution
under Section 10(k) of the Act only after taking into
account and balancing all relevant factors.
1. Employer preference
The Employer assigned the work of producing the
zinc engraving plate, and prefers an award, to
employees represented by the Typographers. This
factor favors an award of this work to employees
represented by the Typographers.
The Employer assigned the work of mounting the
zinc engraving plate on to the plastic saddle by means
of the bending and bonding process, and prefers an
award, to employees represented by the Pressmen.
This factor favors an award to employees represented
by the Pressmen.
2. Efficiency and economy of operations
The record shows that there is continued inter-
change among the employees in the composing room
and that Employer is training most of the employees
in the composing room to handle all functions of page
layout, camera work, and engraving. It further shows
that many times problems have arisen in the camera
end of the process that can be handled by the
employees assigned to it because they are fully trained
in such aspects of the work. In order to insure this
interchange Employer has expended large sums of
money to train the composing room force in photoen-
graving : an expenditure which would be largely
wasted if the work were now assigned to employees
represented by the Stereotypers. This factor favors the
assignment of the work of producing the zinc
engraving plate to employees represented by the
Typographers.
As to the bending and bonding, the record shows
that the work of placing the zinc plates on the plastic
saddles would require only 1 or 2 hours for one man
per day. If the employee assigned this work was
restricted as to what else he could do, the Employer
would not be able to efficiently use its manpower.
Further, as pressmen would be required to shut down
the presses should an imperfect bonding not be
discovered until the press is in operation, it would be
more efficient for pressmen to be able to correct such
bonding. This factor favors assignment of the work of
bending and bonding to employees represented by the
Pressmen.
evidence in the record which supports a finding that threats were made for
that purpose . Based on that evidence we have made the finding stated
above.
3. Contracts
105
The Stereotypers do not contend that the language
of its contract with the Employer requires assignment
of the work of making the engraving plate to
employees represented by it. It does, however,
contend that the Employer's contract with the
Typographers requires such an assignment. As origi-
nally executed March 26, 1969, the Employer's
contract with the Typographers provided in relevant
part as follows "Jurisdiction of the Union begins with
the markup of copy and continues until the material is
ready for the printing press (but excluding the making
of plates for the newspaper press or any processing of
plate incidental thereto) and the appropriate collec-
tive bargaining unit consists of all employees perform-
ing such work." The record shows that as of the time
of the execution of this contract Employer did not
contemplate using the engraving plate on the printing
press. As previously noted, Employer subsequently
did go to the photocomposition process for a
substantial part of the newspaper. However, it was not
until the summer of 1970 that the Employer decided
to use the engraving plate which results from that
process directly on the press. In January 1971 the
Stereotypers asserted that thejurisdiction provision in
the Typographers' contract excluding the making of
plates for the press, and contended that this provision
was intended for its benefit and therefore it is entitled
to this work. Employer and the Typographers
subsequently amended their contract so that it
presently reads "Jurisdiction of the Union begins with
the markup of copy and continues until the material is
ready for the printing press (but excluding the making
of plates for the newspaper press or any processing of
plates incidental thereto except the making and
handling of plates by the photo engraving process)
and the appropriate collective bargaining unit con-
sists of all employees performing any such work." We
conclude that the provision in the original contract
was intended to set forth the limits of the jurisdiction
of the Typographers. The Stereotypers did not
contend that the Employer violated these jurisdiction-
al limits when it originally assigned to the Typogra-
phers the work of making the zinc plates. Of course, at
that time the zinc plates were used by the Stereotypers
to make the lead plate which was then in turn used on
the press. Now Employer proposes to eliminate the
lead plate and to use the zinc plate directly on the
press instead. Thus what has happened is that the
work formerly performed by the stereotypers has been
eliminated from the process and now the Stereotypers
is claiming other work which it did not contend was
4 International Association of Machinists , Lodge No 1743, AFL-CIO (J
A Jones Construction Co), 135 NLRB 1402.
106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
within its jurisdiction when the work was originally
assigned , using a clause which was drafted at a time
when no one contemplated that it would be possible
to eliminate the making of the lead plate . The only
basis for such a claim is that the engraving plate is
now being used in such a way as to eliminate work
performed previously by Stereotypers. Under these
circumstances , we do not believe that the clause in the
Typographers' contract requires assignment of this
work to the Stereotypers.
As to the mounting of the engraving plate on the
plastic saddle by means of the bending and bonding
process we find that neither the Stereotypers nor the
Typographers' contract clearly covers the disputed
work.
4. The availability of craftsmen
The Typographers have training facilities for their
members in operating the photocomposition and
photoengraving equipment. Typographers employed
by the Employer have been trained at this school.
These employees have in turn trained other typogra-
phers employed by Employer. The Stereotypers has
no such school. Because of the availability of trained
craftsmen and because of the training facilities, this
factor favors assignment of the work to employees
represented by the Typographers.
The mounting of the engraving plate on the plastic
saddle by means of the bending and bonding process
requires no particular skill. Employees represented by
either the Stereotypers or the Pressmen could perform
the work equally well. Accordingly, this factor favors
neither group of employees.
5. Industry and area practice
No evidence was introduced to establish that
stereotypers are presently performing the work of
producing the zinc plate at any newspaper. There is
evidence establishing that typographers performed
that work at newspapers in the following cities:
Mobile , Alabama ; Peoria, Illinois; Terre Haute,
Indiana; Vincennes, Indiana; Little Rock, Arkansas;
Wilmington, Delaware; Albuquerque, New Mexico;
Joplin , Missouri ; Bangor , Maine ; Detroit , Michigan;
Lawton, Oklahoma; Austin, Texas; Camden, New
Jersey; and Las Vegas, Nevada. As it appears that the
assignment of this work to employees represented by
the Typographers is in accordance with industry
practice , this factor favors assignment of this work to
employees represented by the Typographers.
There was no evidence as to industry or area
practice as to the work of mounting the engraving
plate on the plastic saddle by means of the bending
and bonding process.
6. Job losses
While the effects of the elimination of the prod-
uction of the lead plate will be felt mostly by the
employees represented by the Stereotypers, this factor
is largely neutralized by the Employer's assurances
that no employee will lose his job or suffer economic
loss as a result of these changes.
Conclusions
Based upon the entire record and after full consider-
ation of all relevant factors, particularly the employer
preference, efficiency and economy of operations,
area and industry practice, and the availability of
craftsmen, we conclude that on this record we can
find no compelling reason for disturbing the Employ-
er's assignment of the work of producing engraving
plates to employees represented by Typographers.
Accordingly, we shall determine the existing jurisdic-
tional dispute by awarding the work of producing the
engraving plate to employees represented by the
Typographers. In making this determination we are
assigning the disputed work to employees who are
represented by the Typographers and not to the
Typographers or its members . Our present determina-
tion is limited to the particular dispute which gave rise
to this proceeding.
Based on the entire record and after full considera-
tion of all relevant factors, particularly employer
preference and efficiency and economy of operations,
we can find no compelling reason for disturbing the
Employer ' s assignment of the work of mounting the
engraving plates on the plastic saddle by means of the
bending and bonding process to employees represent-
ed by the Pressmen . In making this determination we
are assigning the disputed work to employees who are
represented by the Pressmen and not to the Pressmen
or its members . Our present determination is limited
to the particular dispute which gave rise to this
proceeding.
DETERMINATION OF DISPUTES
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
hereby makes the following determination of dis-
putes.
1. Employees employed by the Employer who are
represented by the Niagara Falls Typographical
Union, Local 233, affiliated with the International
Typographical Union, AFL-CIO, are entitled to
perform the photocomposition work including the
work of producing the zinc engraving plate which is
INTL. STEREOTYPERS AND ELECTRQTYPERS LOCAL NO. 25 107
performed in connection with the Employer 's opera-
tion at its plant in Niagara Falls , New York.
2. Employees employed by the Employer who are
represented by Buffalo Web Pressmen and Assistants
Union , Local No. 30, affiliated with the International
Printing Pressmen and Assistants Union, AFL-CIO,
are entitled to perform the work of mounting the
engraving plate on the plastic saddle by the bending
and bonding process which is performed in connec-
tion with the Employer 's operation at its plant in
Niagara Falls , New York.
3. International Stereotypers and Electrotypers
Union , Local No. 25, is not entitled by means
proscribed by Section 8(b)(4)(D) of the Act to force or
require Niagara Falls Gazette Publishing Corporation
to assign the work referred to in paragraphs 1 and 2 to
employees represented by it.
4. Within 10 days of the date of this Decision and
Determination of Disputes the International Stereo-
typers and Electrotypers Union, Local No. 25, shall
notify the Regional Director for Region 3, in writing,
whether or not it will refrain from forcing or requiring
Niagara Falls Gazette Publishing Corporation by
means proscribed by Section 8(b)(4)(D) of the Act to
assign the work awarded above in a manner inconsis-
tent with the above Determination.