New York Lithographers

National Labor Relations Board - Board Decisions

Jul 14, 1978

236 N.L.R.B. 1540 (N.L.R.B. 1978)

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
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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