New York LithographersDownload PDFNational Labor Relations Board - Board DecisionsJul 14, 1978236 N.L.R.B. 1540 (N.L.R.B. 1978) Copy Citation DECISIONS OF NATIONAL LABOR RELATIONS BOARD New York Lithographers and Photo-Engravers' Union No. I-P, Graphic Arts International Union, AFI- CIO and The New York Times Company and New York Stereotypers' Union No. 1, International Printing and Graphic Communications Union, AFL-CIO. Case 2-CD-526 July 14, 1978 DECISION AND ORDER By CIIIRM AN FANNING ANND MI MHI.RS JtNKINS ANI) MURPHY Upon a charge filed on September 24. 1976. by The New York Times Company. hereinafter FEm- ployer or the Times, and duly served on New York Lithographers and Photo-Engravers' Union No. I P. Graphic Arts International Union, AFL-CIO, herein Respondent. the Regional Director for Region 2 of the National Lahor Relations Board issued a conm- plaint and notice of hearing on July 8, 1977, alleging that Respondent Union had engaged in and was en- gaging in unfair labor practices affecting commerce within the meaning of Section 8(b)(4)(i) and (ii)(I)) and Section 2(6) and (7) of the National Labor Rela- tions Act, as amended. Copies of the charge, com- plaint, order amending complaint, and notice of hearing were duly served on the parties to this pro- ceeding. With respect to the unfair labor practices, the com- plaint alleges in substance that on or about Septem- ber 24, 1976. Respondent violated Section 8(b)(4)(D) of the Act by having employees represented by it engage in a temporary work stoppage and by for- warding simultaneously a letter to the Times de- manding the work of producing offset printing plates at the Times' plant in Carlstadt, New Jersey. The complaint further alleges that Respondent by its con- duct has threatened, coerced, and restrained the Times, with an object of forcing and requiring the Times to assign the work of producing press-ready offset printing plates to be used to print the real es- tate, drama, and resort sections of the Sunday Times at the Times' Carlstadt, New Jersey. plant to employ- ees represented by Respondent Union rather than to employees represented by New York Stereotypers U nion No. 1, International Printing and Graphic Communications I!nion, AFL CIO. The complaint further alleges that Respondent failed and refused to abide by the Board's I)ecision and Determination of Dispute ' in the underlying 10(k) proceeding, which awarded the disputed work to the Stereotypers, and '230 NI RB 42S i1977) has continued to demand that the Employer assign the disputed work to employees who are members of or are represented by Respondent. On July 25, 1977, Respondent filed an answer to the complaint admit- ting in part, and denying in part, the allegations of the complaint. On November 17, 1977, the parties entered into a stipulation and petitioned the Board to transfer the proceeding to the Board. The parties agreed that the charge, the complaint, the answer, the order amend- ing the complaint, the stipulation. the exhibits therein stipulated to, and the transcript, exhibits, and briefs of the Board proceeding in The New York Times Companl?, 230 NLRB 425, constitute the entire rec- ord in this case, and that no oral testimony or other proof is necessary or desired by any of the parties. They waived a hearing before an Administrative Law Judge. the making of findings of facts and conclu- sions of law by an Administrative Law Judge, and the issuance of an Administrative Law Judge's deci- sion and requested findings of facts, conclusions of law, and an order directly by the Board. The parties requested that the Board set dates for the filing of briefs and reply briefs. On Februarv 9, 1978, the Board approved the stip- ulation, made it a part of the record, and transferred to and continued the proceedings before the Board for the purpose of making findings of fact and con- clusions of law for the issuance of a decision and order. The Board set February 27, 1978, as the date for filing briefs and March 13, 1978, as the date for filing reply briefs. Thereafter, the General Counsel and the Stereotypers filed briefs and Respondent and the Stereotypers filed reply briefs. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. Upon the entire record in this proceeding, and the record iil the case set forth above, the Board makes the following: FINIDINGS oi FACI I rIlt. '3 SINESS OF I HE EMNPLOYER The parties stipulated. and we find, that the Em- plober is engaged in the publication of a daily and Sunday newspaper, with its principal place of busi- ness in New York. During the past year, the Em- ployer purchased goods from outside the State hav- ing a value in excess of $50,000. The parties also stipulated, and 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 236 NILRB No. 200 1540 NEW YORK LITHOGiRAPHERS AND PHOTO-ENGRAVERS the Act to assert jurisdiction herein. 11, TIE LABOR ORGANIZAII(ON INVO( lAI) The parties stipulated, and we find, that New York Lithographers and Photo-Engravers' Union No. I P, Graphic Arts International Union, AFL (CIO and New York Stereotypers' Union No. 1, Inter-national Printing and Graphic Communications l;nion. AFL-CIO. are labor organizations within the mean- ing of Section 2(5) of the Act. II1. THE RFSPON)DENT'S LUNi IR I.AB()R PR \( I I(ES After a hearing in Case 2-CD 526 pursuant to Section 10(k), the Board on June 24, 1977, issued its Decision and Determination of Dispute in which it concluded, in relevant part, that the employees of The New York Times Company v who were repre- sented by the Stereotypers were entitled to perform the work in dispute; i.e., all work relating to offset platemaking at the Employer's Carlstadt. New Jer- sey, plant. The Board also found, inte'r alli, that Re- spondent was not entitled to force or require 'I'he New York Times to assign such work to employees it represented by means proscribed hb Section 8(b)(4)(D) of the Act. The decision further directed Respondent to notify the Regional Director, in writ- ing, within 10 days whether it would refrain from the proscribed action. In the Decision and Determination of Dispute. 1u- pra, the Board, as stated, based its determination upon the entire record and upon full consideration of all relevant factors, and directed Respondent to noti- fy the Regional Director for Region 2 within 10 da\s whether it would refrain from forcing the Times to assign the work in a manner inconsistent wit tlhe Board's determination. Respondent did not notif'! the Regional Director by the specified date. On the contrary, Respondent has failed and refused to com- ply with the Board's Decision and Deteriinaition in this matter. Respondent. in its brief filed on March 1, 1978, asserts that the Board's 10(k) determination was cr- roneous and that the work in dispute shoultd be as- signed to the photoengravers. In this connection Re- spondent advances two arguments. First. it aguIcs that the Decision and Determination of Dispute in- correctly finds that both Unions have a "colorlble claim to offset platemaking at Carlstadt plant.' Re- spondent contends that the work in dispute has hbccn specifically reserved for the photoengrav er i in I nt- ten agreements between Respondent and the F-nl- ployer during their 35-year collective-bargainingl hi- tory. Hence Respondent maintains the I mpnlh!ci could not properls assign the work to employees rep- resented hb another union without negoti;ating with it. Secondi Respondent argues it hlas not engaged in an\, activits which has forced the Employer to violate an determinattioln b the Board. rather its conduct was prtedicated upon the presersation of its right to litiClate the position taken bh the Board. We find no merit to Respondent's arguments and theN raise nothing not pre' iousls considered hs the Board.:' W'e also note that Respondent stipulated that on September 24. 1976, it forx'arded a letter to the Emplohcr denmanding , and thereafter at all times conltiiiuing to demland. the work of producing press- read\ offset printing plates be assigned to employees represented bh it rather than to emploNees repre- sented bh) the Stereotypers, and threatening that Re- spondent's members would refuse to perform their vwork if such assignment was not made. Respondent further stipulated it authorized and called a work stoppaLge hb emploxecs represented b, it on Septem- her 24. 1976. at the Lmployer's plant located at 229 West 43d Street. Nes York, New York. Respondent further stipulates it has failed and refused to complN \ ith the 1BOaid's pirior Decision and D)etermination of I)ispute in this matter. O() the basis of the foregoing. and the entire record in this proceeding. \ e find that Respondent, by, its threats and oither conduct, as \xell ias by its refusal to comlllp,, ith the Ro ard's f)ecision and D)etermina- tion of l)ispute. violated Section l h)(4) i) and ii)( I)) of the XAct. 15 il i lI I I ( I (t III tI NI xIR I x11r a R P ( I S t is ()N ( OI Mi R( I I he conduct of Respondent as set forth abhove. oc- Curri1n in cll Colinectioln wAith the l' lmes' operatinms. has :t close. in11m;ate. and suhbstantial relationship to trade, traffic, and comnmerce among the sexer.l States andl tends to lead to labhor disiputes burdening and obstructiing cornllerlce and t'he fiec Ilowv of corn- n.erce. \ iII RI ,i 1)5 lavinc foulnd th.it Respondent hais en;ialied in cer- tain unLair- labor practices. wxe shall order it to ceasc 'C ' /,, 4 .. J C i. ' !, . , ti i` r ,,.,i ! [ r1 / H ( h,,r: ,!. 5 ! itii 1~3 zI't'' .L , Ied m. .,:. . 4 -.i ..... .t t:: 5 0-ll(,I , .. p' C ! , '15 \1 RZ It ',4 . , I'' s .,td l t' 1 1 ., i itk(} /,{~ii L~' /~ t /gl{lr' r ',:tltt , 'I:k ¢ .5'd:i~t .ttt 1541 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and desist therefrom and take certain affirmative ac- tion designed to effectuate the purposes of the Act. CONCLUSIONS OF LAW I. The Respondent, New York Lithographers and Photo-Engravers' Union No. I-P, Graphic Arts In- ternational Union, AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. 2. By inducing and encouraging employees of the Times to engage in a strike or a refusal in the course of their employment to perform any services, and by threatening, restraining, and coercing the Times, an object in each case being to force or require the Times to assign to employees represented by or members of Respondent, rather than to employees represented by New York Stereotypers' Union No. 1, International Printing and Graphic Communications Union, AFL--CIO, all work relating to offset plate- making at the Employer's Carlstadt, New Jersey, plant, the members of Respondent not being lawfully entitled to perform such work, Respondent has en- gaged in unfair labor practices within the meaning of Section 8(b)(4)(i) and (ii)(D) of the Act. 3. The aforesaid unfair labor practices affect com- merce within the meaning of Section 2(6) and (7) of the Act. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board hereby orders that the Respondent. New York Lithographers and Photo-Engravers' Union No. I P, Graphic Arts International Union, AF!.-CIO, New York, New York, its officers, agents, and representatives, shall: 1. Cease and desist from inducing or encouraging employees of The New York Times Company to en- gage in a strike or a refusal in the course of their employment to perform any services or, threatening, restraining, or coercing The New York Times Com- pany, where an object is to force or require ] he New York Times Company to assign all work relating to offset platemaking at its Carlistadt. New Jersey, plant to employees represented by, or members of, Re- spondent rather than to employees represented by New York Stereotypers' Union No. 1, International Printing and Graphic Communications Union, AFI,-CIO. 2. Take the following affirmative action which the Board finds will effectuate the purposes of the Act: (a) Post at its offices and meeting halls copies of the attached notice marked "Appendix." 4 Copies of said notice, on forms provided by the Regional 1)i- rector for Region 2, after being duly signed by Re- spondent's representative, shall be posted by it im- mediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicu- ous places, including all places where notices to members are customarily posted. Reasonable steps shall be taken by Respondent to insure that said no- tices are not altered, defaced, or covered by any other material. (b) Sign and mail sufficient copies of said notice to the Regional Director for Region 2 for posting by The New York Times Company, if it is willing, at all locations upon the premises where notices to its em- ployees are customarily posted. (c) Notify the Regional Director for Region 2, in writing, within 20 days from the date of this Order, what steps the Respondent has taken to comply here- with. 4 In the event that this Order is enforced by a Judgment of a United States Court of Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board" shall read "Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." APPENDIX NOTICE POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government To all members of the New York Lithographers and Photo-Engravers' Union No. I-P, Graphic Arts In- ternational Union, AFL-CIO: WE WILL NOT induce or encourage employees of The New York Times Company to engage in a strike or a refusal in the course of their em- ployment to perform any services, and WE WILL NOI' threaten, restrain, or coerce The New York Times Company, where an object is to force or require The New York Times Company to as- sign to employees represented by or members of New York Lithographers and Photo-Engravers' Union No. I-P, Graphic Arts International Union, AFL-CIO, rather than to employees of The New York Times Company represented by New York Stereotypers' Union No. 1, Interna- tional Printing and Graphic Communications Union, AFL-CIO, all work relating to offset platemaking at the Employer's Carlstadt, New Jersey, plant, except insofar as such conduct is permitted under Section 8(b)(4)(D) of the Act. NEW YORK LITHOGRAPHERS AND PHOTO- ENGRAVERS' UNION No. I-P, GRAPHIC ARTS IN'I RNATIONAL UNION, AFL-CIO 1542 Copy with citationCopy as parenthetical citation