New York Newspaper Printing Pressmen's Union 2

National Labor Relations Board - Board Decisions

Feb 18, 1976

222 N.L.R.B. 935 (N.L.R.B. 1976)

NEW YORK NEWSPAPER PRINTING PRESSMEN'S UNION 2
New York Newspaper Printing Pressmen's Union No.
2 and Paper Handlers' and Straighteners' Union
No. 1 and New York News, Inc. Case 2-CD-500
935
Paper Handlers' and Straighteners' Union No. 1 are
labor organizations within - the meaning of Section
2(5) of the Act.
February 18, 1976
DECISION AND DETERMINATION OF
DISPUTE III. THE DISPUTE
BY CHAIRMAN MURPHY AND MEMBERS FANNING
AND JENKINS
This is a proceeding pursuant to Section 10(k) of
the National Labor Relations Act, as amended, fol-
lowing a charge filed on August 11, 1975, by the New
York News, Inc., hereinafter called The News,
against New York Newspaper Printing Pressmen's
Union No. 2, hereinafter called Pressmen, and Paper
Handlers' and Straighteners' Union No. 1, hereinaf-
ter called Paper Handlers, alleging that they had vio-
lated Section 8(b)(4)(i) and (ii)(D) of the Act, by
threatening certain proscribed activity with the ob-
ject of forcing The News to assign the work to em-
ployees of one or the other of the Unions.
A hearing was held before Hearing Officer Mary
W. Taylor on September 30, 1975, at New York,
New York.-All parties appeared at the hearing and
were-afforded full opportunity to be heard, to exam-
ine and cross-examine witnesses, and to adduce evi-
dence on the issues. Thereafter, The News and the
Pressmen filed 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.
- The rulings of the Hearing Officer made at the
hearing are free from prejudicial error and are-here-
by affirmed.
Upon the entire record in this case, the Board
makes the following findings:
1. BUSINESS OF THE EMPLOYER
The -News is engaged in the publication of a daily,
newspaper, "The Daily News." During the past year,
The News derived gross revenues in excess of $1 mil-
lion and purchased supplies in excess of $l; million
directly from-outside the State of New York. Accord-
ingly, we find that the Employer is engaged in com-
merce within the meaning of Section 2(6) and (7) of
the Act and it will effectuate the policies-of the Act
to assert jurisdiction herein.
II. THE LABOR ORGANIZATIONS INVOLVED
The parties stipulated, and we find, that New York
Newspaper Printing Pressmen's Union No. 2, and
A. Background
In the latter part of May and early part of June
1975, The News completed installation of a new and
unique six-plate=wide press at its Manhattan plant
located at 220 East 42nd Street. The press, unique in
operation, was engineered and built for The News at
a cost in excess of $4 million. The new six-plate-wide
press has its own stripping and storage areas where
the rolls of newsprint fed to this press are stored. The
newsprint is stored on a platform and stripped and
prepared by paperhandlers. An automated chain-link
drive dolly system operates between the press area
and the storage area. The chain drive is submerged
beneath the floor so that the line is actually flush
with the floor. The system is button activated, there
being a button station operated by pressmen in the
vicinity of the press, and another, operated by paper-
handlers, in the vicinity of the storage area.
When the dolly is positioned within the storage
area, paperhanndlers perform their duties of stripping
and preparing a roll of newsprint for the press and
then manually push -the roll onto the dolly. A paper-
handler then pushes- an alert - or dispatch button
which simply alerts a pressman by means of a light at
his button station that the roll is prepared and the
dolly is ready -to be received. When the pressmen
need another roll for the press, one of them simply
hits a receive button at the pressmen's station which
activates the dolly system. The dolly, which is about
2-1/2 feet long and 1-1/2 feet wide, then automati-
cally moves along its line to a point into and between
the two reels of the press. When the roll is unloaded
from the dolly, a pressman hits another button at his
station and the dolly returns to the storage area
where the process may again start as necessary.
The pressmen have no means of control over the
point at which the dolly is to stop within the storage
area. A pressman simply hits the button sending the
dolly back to the storage area. Where the dolly stops
is determined by means of a preset timing device,
which is regulated as the need arises by an electrician
pursuant to orders from the superintendent of the
pressroom. The News has reserved to itself the right
to determine where the dolly will stop within the
storage area. -
222 NLRB No. 155
936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Once the dolly comes to a halt at its preset destina-
tion within the storage- area, it may be precisely posi-
tioned to receive a stripped roll of newsprint by the
paperhandlers by means of another button, a "jog"
button, at the paperhandlers' button station. The jog
button moves the dolly in a "jerky motion" approxi-
mately 3 or 4 feet at one time. No such jog button
exists at the pressmen's button station and it is im-
possible for the pressmen to control the positioning
of the dolly once it has left the press area and has
stopped at its predetermined space within the storage
area.
the press area, the empty , dolly returns to a position
that may be some way down the length of the plat-
form , depending on where it is stopped automatical-
ly. The Pressmen does not claim that it should de-
termine this position.
The News contends that the proper designation of
the automatic stopping point of the empty dolly is a
management prerogative that is to be changed at the
determination of the superintendent by an electri-
cian.
E. Applicability of the Statute
B. The Instant Dispute
On the night of August 7, 1975, as the system was
put into operation, the empty dolly returning from
the pressmen traveled past the beginning of the plat-
form to the point determined by the superintendent
of the pressroom and set by the timer. As the dolly
passed the beginning of the platform, the chapel
chairman of the Paper Handlers, O'Leary, stopped
the dolly by pushing the "stop" button and then used
the jogging button to move the dolly to the proper
position. The dolly was loaded, the dispatch button
was pushed. At this point the chapel chairman of the
Pressmen refused to push the pressmen's button to
get delivery of the newsprint on the dolly because the
paperhandlers had stopped the dolly before it
reached the preset position which had been de-
termined by the superintendent. No resolution of this
dispute was possible, a work stoppage ensued, and
the press did not continue to operate.
C. The Work in Dispute
The disputed work concerns the controlling of the
movement and positioning of the empty dolly return-
ing from the six-plate-wide press to the paperstrip-
ping platform.
D. The Contentions of the Parties
The Paperhandlers contends that the automatic
timer of the dolly should be set so that the empty
dolly stops before it reaches the stripping platform
and that a paperhandler should operate the dogging
button to move the dolly to wherever along the 56-
foot-long platform the dolly needs to be positioned
for loading.
The Pressmen contends that the automatic stop,
set by management, should stop the dolly where the
next roll of newsprint is `stored and the dolly to be
loaded. Thus, when a pressman pushes the button in
Before the Board may proceed with a determina-
tion of a dispute pursuant to Section 10(k) of the Act,
it must be -satisfied that there is reasonable cause to
believe Section 8(b)(4)(D) has been violated, and the
parties have not agreed upon a method for the volun-
tary adjustment of the dispute.
The record herein shows that on the evening of
August 6, 1975, both Unions engaged in threats of a
stoppage of The News unless each was given the as-
signment it demanded. Chapel Chairman O'Leary,
on behalf of the Paper Handlers, stated to Harring-
ton, manager of labor relations at The News, that if
the work assignment was given the Pressmen as it
demanded, the paperhandlers would not supply pa-
per for the press. Mr. Grote, on behalf of the Press-
men, stated that if The News acceded to, the Paper
Handlers demands, the pressmen would not work.
The dolly system did not operate on the night of Au-
gust 6, 1975.
The following night, August 7, the Pressmen car-
ried through its previous threat and actually engaged
in a work stoppage. George Maher, pressroom super-
intendent, testified that O'Leary told him that he was
under orders from the president of the local union,
Timothy Hunt, that the dolly was not to proceed past
the beginning of the loading area. Maher, Frank
Walsh (The News production manager), O'Leary,
Kennedy, and McCormick (the Pressmen's chapel
chairman) conferred at various times concerning the
dispute. Kennedy and McCormick for the Pressmen
agreed to a proposed temporary compromise selec-
tion of a midway point within the storage area at
which the dolly would stop, but O'Leary of the Paper
Handlers held to his above,position on order from
his local president, Timothy Hunt.
As the dolly was sent from the press to the storage
area for an additional roll of newsprint, O'Leary,
who was sitting on a roll of paper, jumped up as the
dolly passed the beginning of the storage area and hit
a "stop" button located at the paperhandlers' button
station. The dolly stopped. O'Leary then jogged the
dolly into a position in front of the next prepared roll
NEW YORK NEWSPAPER PRINTING PRESSMEN'S UNION 2
and had the roll loaded onto the dolly. He then hit
the alert or dispatch button, alerting the pressmen
that the dolly was loaded and ready to be received.
McCormick refused to accept the loaded dolly be-
cause of the action of O'Leary in prematurely stop-
ping the return trip of the dolly as it passed the be-
ginning of the storage area and before it reached its
predetermined spot within the area. No paper was
received by the press the evening of August 7. The
press did not operate as a result of this dispute until
September 25, 1975, subsequent to the issuance of a
10(1) injunction by the district court (S.D.N.Y.). In
view of the foregoing facts, we find there is reason-
able cause to believe that a violation of Section
8(b)(4)(D) has occurred.
At the time of the instant dispute, there did not
exist any agreed-upon or approved method for the
voluntary adjustment of the dispute to which all par-
ties to the dispute were bound. Accordingly, we find
this matter is properly before the Board for determi-
nation under Section 10(k) of the Act.
F. Merits of the Dispute
Section 10(k) of the Act requires the Board to
make an affirmative award of the disputed work af-
ter giving due consideration to various factors.
The Board has held that its determination in a ju-
risdictional dispute is an act of judgment based on
commonsense and experience reached by balancing
those factors involved in a particular case.
The following factors are relevant in making the
determination of the dispute before us:
1. The collective-bargaining agreements
The applicable collective-bargaining agreement,
being an agreement between the Publishers Associa-
tion of New York City (of which The News is a
member) and the Paper Handlers, does not specifi-
cally address itself to the operation of the dolly sys-
tem in dispute herein.
Section 3, pages 4-5, of the agreement states, in
relevant part:
Section 3. The Union is recognized as the ex-
clusive representative of . . . (2) those employ-
ees performing the following work in connection
with roll newsprint and rotogravure paper in the
pressrooms and in paper warerooms attached
thereto; loading and unloading, storing, weigh-
ing, checking, stripping, bundling unprinted
waste, operating elevators, and automatic ma-
chines used exclusively in the handling of roll
newsprint; and when designated by the Pub-
lishers, handling and stripping of cores, operat-
937
ing core winding machines and all other work
within such jurisdiction.
Timothy Hunt, president of the Paper Handlers,
testified that his Union considers the above contract
language as mandating Paper Handlers jurisdiction
over the work involved herein. Harrington, manager
of labor relations at The News for 13 years, was the
chairman of the Joint Scale Committee and chief
negotiator for The News in the negotiations of the
Paper Handlers contract in 1967, 1970, and 1973.
Harrington testified that the above-quoted section
has been specifically interpreted by The News as re-
lating to machines that are commonly called ram
trucks or prong trucks or the like that take in or store
newsprint.
The Pressmen could not cite any provisions within
its collective-bargaining agreement with The News as
supportive of its position, but argued traditional con-
tract interpretation and practice to substantiate the
assignment of the disputed work to its members. The
Pressmen essentially allege a claim of traditional ju-
risdiction for the disputed work. It contends that
pressmen "want to do what they traditionally have
done, and that is, take the empty dolly to the position
on the loading dock where they get a roll of paper."
After considering the above positions, we find that
the collective-bargaining agreements do not favor the
claims of either Union. We are unable to conclude,
upon examination of the pertinent provision of the
Paper Handlers contract, that it expressly covers the
work in dispute, and the Pressmen has no provision
in its contract to cover the work in dispute.
2. Safety
The Paper Handlers emphasized at the hearing
what it considers safety hazards in the operation of
the dolly system on its return trip from the press.
There was some testimony by paperhandlers that
they had to carry refuse paper across -the tracks. It
was illustrated that if the dolly stopped at the half-
way point there would be a clear half of the platform
area in which the paperhandlers could walk to re-
move waste.
The News, in its brief to the Board, stated that it
has prior to this date taken several permanent mea-
sures seeking to eliminate any possible allegations
concerning safety hazards raised by the Paper Han-
dlers in conjunction with the operation of the dolly
system.
The waste bins, which were placed on the opposite
side of the "track," have been placed on the platform
where- the paper is stored, thereby eliminating any
need for paperhandlers to cross the "track" to depos-
it waste in these bins. Also, an audiographic air-horn
938 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
system, which emits a highly audible warning signal,
has been directly placed on the dolly. The system is
automatically activated when any button is pressed
which will start the dolly in motion. The horn imme-
diately sounds a,warning, and the dolly starts its
movement only after a momentary delay. Further, a
2-inch-wide highly visible yellow stripe is now paint-
ed along the entire length of the line denominated as
"track" on which the dolly will move. Additionally,
the entire top of the dolly upon which the paper rests
is painted the same yellow, which sharply contrasts
with the dark pressroom floor.
Considering the relatively slow movement of the
dolly (approximately 1-1/2 feet per second), the
length of the track (56 feet), and the infrequency with
which the dolly actually operates (only once about
every 10-12 minutes), the above measures taken by
The News, we find, eliminate the safety hazards that
were alleged by the Paper Handlers. Accordingly, the
safety factor involved has been eliminated as a mea-
sure for favoring the award of the work in dispute to
employees represented by either the Pressmen or the
Paper Handlers.
3. The assignment of the work
The paperhandlers were assigned the work of load-
ing the prepared paper onto the dolly and hitting the
dispatch or alert button. They were further assigned
the work of jogging the dolly to the most convenient
position allowing the next roll to be placed on the
dolly when the empty dolly returned from the press
and stopped within the storage area.
The pressmen were assigned the work of hitting
the button activating the dolly in its movement from
the storage area to the press. The pressmen were fur-
ther assigned the work of hitting the return button at
their button station once the roll was unloaded onto
the press so that the dolly would then automatically
return to its predetermined position within the stor-
age area, whether it be at the beginning, the middle,
or the end of the storage area.
The News specifically reserved to itself the deci-
sion to determine where the dolly was to stop within
the storage area.
The assignment of the work factor as noted above
favors the assignment of the work in dispute to the
employees represented by the Pressmen.
4. Industry and area practice
Industry and area practice is not applicable in this
case due to the essential uniqueness of this entire op-
eration.
5. Economy, efficiency of operations, skills, and
possible job loss
Considerations of economy and efficiency are par-
ticularly important where a new operation is in-
volved as herein. The six-plate-wide press was engi-
neered and built by The News for the express
purpose of obtaining a more economical and effi-
cient means of operation, so that The News could
compete more effectively in the difficult New York
City newspaper market.
Both Harrington, manager of labor relations at
The News, and Maher, superintendent of the press-
room, testified for The News that management's as-
signment of the disputed work was in the interest of
economy and efficiency. Harrington testified as to
the uniqueness of both the operation of the press it-
self and the automated operation of the dolly system.
He related the efficiency of having the dolly return
automatically so that the pressman, once he dis-
patches the dolly by means of the return button at his
station, can proceed to his other duties as the dolly
returns to the storage area. Additionally, the paper-
handlers can attend to their duties, primarily prepar-
ing and stripping the next roll of paper for the dolly.
The News intends to set the timer so that the dolly
will stop within the storage area midpoint to where a
load of paper is stored which will be used on that
particular production run. Maher testified that such
a point would be the most efficient method of opera-
tion. The jog button would then be used by a paper-
handler to position the dolly the few feet required to
align it precisely in front of the prepared roll. The
News anticipates little need for the timer to be
changed during the course of an evening. Maher tes-
tified that while the timer would likely be changed
every day it would be "rare" that it need be changed
twice in an evening. The process of changing the tim-
er takes about 5 seconds, and the electrician is at
Maher's complete disposal the entire evening if such
a change is necessary.
Having the dolly stop invariably at the beginning
of the storage platform as the Paper Handlers de-
mands would present obvious inefficiency. Having
the dolly stop at the furthermost point that paper is
stored as demanded by the Pressmen would likewise
create inefficiency.
The record shows that no special skill or training is
required to man and operate the button station or
position the dolly in front of a stripped roll by means
of the jog button.
Further, no employees represented by either
Union have been laid off as a result of this new oper-
ation.
We find, therefore, that economy and efficiency of
NEW YORK NEWSPAPER PRINTING PRESSMEN'S UNION 2
operations favor the present work assignment by
The News to employees represented by Pressmen.
Conclusion
Upon the entire record in this case, and after full
consideration of all relevant factors, we find neither
collective-bargaining agreement of either Respon-
dent controls the assignment of the disputed work,
nor is any employer, competitor, industry, or area
past practice applicable to the essential uniqueness of
the operation herein. However, in view of the econo-
my and efficiency of operations, The News' assign-
ment, and its satisfaction with their performance, we
conclude that the employees who are represented by
New York Newspaper Printing Pressmen's Union
No. 2 are entitled to perform the work in question,
and we shall award the disputed work to them. In
making this determination, we award the work to the
employees of The News who are represented by New
York Newspaper Printing Pressmen's Union No. 2,
but not to that Union or its members. Our present
determination is limited to the particular controversy
which gave rise to this proceeding.
DETERMINATION OF DISPUTE
939
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 pro-
ceeding, the National Labor Relations Board hereby
makes the following Determination of Dispute.
1. Employees of New York News, Inc., who are
represented by New York Newspaper Printing
Pressmen's Union No. 2, are entitled to perform the
work of controlling the movement of the empty dolly
returning from the six-plate-wide press to the paper
platform to the position predetermined by The News,
at The News' Manhattan plant located at 220 East
42nd Street, New York, New York.
2. Paper Handlers' and Straighteners' Union No.
1 is not entitled, by means proscribed by Section
8(b)(4)(D) of the Act, to force or require New York
News, Inc., to assign the above work to employees
represented by it.
3. Within 10 days from the date of this Decision
and Determination of Dispute, Paper Handlers' and
Straighteners' Union No. 1 shall notify the Regional
Director for Region 2, in writing, whether or not it
will refrain from forcing or requiring the Employer,
by means proscribed by Section 8(b)(4)(D) of the
Act, to assign the work in dispute to employees rep-
resented by it rather than to employees represented
by New York Newspaper Printing Pressmen's Union
No. 2.