Newspaper & Mail Deliverers (B & W Distributors)

National Labor Relations Board - Board Decisions

Mar 13, 1985

274 N.L.R.B. 929 (N.L.R.B. 1985)

NEWSPAPER & MAIL DELIVERERS (B & W DISTRIBUTORS)
Newspaper and Mail Deliverers Union; Metropolitan
News Co. Inc.; and Irish Echo Newspaper Corp.
and B & W Distributors Corp. Cases 2-CC-
1824 and 2-CE-140
13 March 1985
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
On 5 November 1984 Administrative Law Judge
Claude R. Wolfe issued the attached decision. Re-
spondent Newspaper and Mail Deliverers Union
filed exceptions and a supporting brief, and, the
General Counsel filed a brief in support of the
judge's decision.
The Board has considered the decision and the
record in light of the exceptions and briefs and has
decided to affirm the judge's rulings, findings, I and
conclusions and to adopt the recommended Order.
ORDER
The National Labor Relations Board adopts the
recommended Order of the administrative law
judge and orders that Respondent Newspaper and
Mail Deliverers Union, its officers, agents, and rep-
resentatives; and Respondents Metropolitan News
Co. and Irish Echo Newspaper Corp., their offi-
cers, agents, successors, and assigns, New York and
Mt. Kisco, New York, shall take the action set
forth in the Order.
' In adopting the judge's finding that the Respondents entered into an
unlawful 8(e) agreement, we note that none of the Respondents has con-
tended that the Respondent Employers, Irish Echo and Metropolitan,
were not acting voluntarily Respondent Irish Echo failed even to answer
the complaint, Respondent Metropolitan did not except to the judge's
finding and, although the Respondent Union did so, its sole contention in
support of its exception, which we reject, is that the agreement had no
secondary objective
DECISION
STATEMENT OF THE CASE
CLAUDE R. WOLFE, Administrative Law Judge. This
proceeding was heard by me at New York, New York,
on June 18 and July 26, 1984, pursuant to charges timely
filed, and complaint issued on March 5, 1984, and subse-
quently amended at hearing. The complaint alleges that
Newspaper and Mail Deliverers Union (Union); Metro-
politan News Co., Inc. (Metropolitan); and Irish Echo
Newspaper Corp. (Irish Echo) have violated Section 8(e)
of the Act, and that the Union additionally violated Sec-
tion 8(b)(4)(i) and (ii)(A) and (B) of the Act. Irish Echo
filed no answer to the complaint and therefore is deemed
to have admitted the allegations therein. The other par-
ties deny the commission of unfair labor practices.
On the entire record, after considering the compara-
tive testimonial of the witnesses, and after considering
929
the able arguments of the parties at trial and in their
helpful posttrial briefs, I make the following
FINDINGS OF FACT1
1. JURISDICTION
Jurisdiction is not in issue. The pleadings and the
at-trial agreements of the parties establish that it is
appropriate for the Board to assert jurisdiction in
this proceeding.
II. LABOR ORGANIZATION
The Union is a labor organization within the meaning
of Section 2(5) of the Act.
III. THE ALLEGED UNFAIR LABOR PRACTICES, ,
Irish Echo publishes a weekly newspaper of the same
name. This paper has been printed by Inco Graphics
(Inco) and its predecessors at Mt. Kisco, New York, for
about 10 years during all of which time the printed
papers have been picked up at Mt. Kisco by B & W Dis-
tributors Corp. (B & W) and delivered by B & W to,
among others, Metropolitan News Co, Inc. (Metropoli-
tan), located in Long Island City, New York, who re-
ceives about half of Irish Echo's weekly edition, and
then distributes it to retail news dealers. Until March 15,
1984, B & W was paid $150 for each weekly delivery by
Inco Graphics who was then reimbursed by Irish Echo.
Since March 15, 1984, B & W is paid directly by Irish
Echo.
Prior to the printing of Irish Echo, and prior to B &
W commencing the pickups and deliveries involved in
the dispute before me, Metropolitan, for an uncertain
period of time, received the Irish Echo directly from the
printer. The evidence does not, however, support a find-
ing that Metropolitan trucks and/or employees went to
the printer's facility to perform these pickups as does B
& W currently at Mt. Kisco. John Grimes, the president
of Irish Echo, testified that he doubts Metropolitan
picked up at the printers used by Irish Echo prior to its
arrangements with Inco Graphics and B & W. Grimes'
recollections in this regard gain substantial corroboration
from Irving Brill, a union witness, who testified as fol-
lows:
I would get into my truck and drive to Seventeenth
Street on the west side, and there was a big parking
lot . . and I would wait there for the truck
coming from Connecticut with the Irish Echo and
I would transfer the load from their truck to
the Metropolitan News Company's truck . . . then
I would bring it to the Metropolitan News Compa-
ny.
i The facts found are based on credited testimony and consideration of
the logical consistency and inherent probability of the facts found Much
of this recitation rests on credible uncontroverted testimony Although I
may not advert to all of the record testimony or documentary evidence,
it has been weighed and considered To the extent that testimony or
other evidence not mentioned herein might appear to contradict the find-
ings of fact, that evidence has not been disregarded but has been rejected
as incredible, lacking in probative worth, or irrelevant
274 NLRB No. 136
930 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Brill further testified that he did this once a week, that
the Connecticut truck was always driven by the same
printer's employee who was a member of the Teamsters
union. Brill also told the Union about 6 years before the
trial herein that the Irish Echo was not being picked up
at the printer by Metropolitan employees.
It would appear from the foregoing that the delivery
performed by the printers themselves, prior to the en-
gagement of B & W, resembles the delivery performed
by B & W, and it further appears that the work Brill de-
scribes of picking up the Irish Echo from the printer's
truck when it reached New York City, the place of dis-
tribution, was considerably different from picking it up
at the printer's facility in Mt. Kisco which is many miles
from New York City.
The Union has a collective-bargaining agreement with
Metropolitan, but none with Irish Echo or B & W. The
Union/Metropolitan agreement for the period June 1,
1975, to May 31, 1978, contained the following clause:
(1) (a) Subject to the provisions set forth, the
News Companies recognize the Union as the exclu-
sive representative for collective-bargaining of all
its employees engaged in each operation as to
which the Union has heretofore acted as such ex-
clusive representative, and bookmobile operators; to
the extent that any operation in any News Compa-
ny at the effective date of this contract was per-
formed by employees exclusively represented by the
Union, such practice shall be continued to the same
extent in such News Company The News Compa-
nies will maintain present practices on wrapper
writing provided this clause is not to be construed
as applying to operations not within the jurisdic-
tional grant of the Union. The Union shall have ju-
risdiction over the return room unless another union
now represents those employees All initial distribu-
tion, re-order, and other delivery from the plant of
pocket size books, by hand, truck, station wagon,
bookmobile or any other vehicle except for normal
delivery adjustment between dealers for promotion
purposes and the present practices of collection is
within the jurisdiction of the Union.
The succeeding contract for June 1, 1978, through May
31, 1981, merely amended the previous contract and
made no changes in or relating to the above clause. The
next agreement covered the period June 1, 1981, through
May 31, 1984, and recited that the 1978-81 contract re-
mained in effect except as amended The above contract
clause remained unchanged, but a letter of understanding
attached to the 1981-84 agreement recites as follows-
The Suburban Wholesalers Association and the
Morning News companies Association and each
member of the associations hereby confirms that the
Newspaper and Mail Deliverers' Union is recog-
nized exclusively as bargaining representative for
employees performing all work described in the ju-
risdictional provisions of each collective-bargaining
agreement and agrees that no Wholesaler or News
Company shall subcontract any bargaining unit
work.
Robert Schneider, union shop steward and elected
chapel chairman and clearly the Union's agent,2 had
conversations with Arthur Wittingberg, who was then
the superintendent of delivery for Metropolitan, in late
October 1983 He first told Wittingberg that the Union
wanted Metropolitan to give the Irish Echo pickup work
to its employees in the bargaining unit Schneider
claimed this was a contract right which the Union
wanted to enforce. Wittingberg pointed out that the Irish
Echo had been brought in by someone other than Metro-
politan drivers for as long as he could remember A day
or two later Schneider told Wittingberg that he had in-
structions from the Union to tell Metropolitan employees
not to handle the Irish Echo if anyone other than a Met-
ropolitan employee brought it in
Wittingberg then called John Grimes, president of
Irish Echo, and told him the Union had said they would
not distribute the Irish Echo unless they were allowed to
pick it up at the printer in Mt. Kisco. When Grimes
asked how serious the Union was, Wittingberg promised
to call him back, and then called the Union' s business
agent Michael O'Keefe. O'Keefe confirmed that Schnei-
der was acting under his instructions, and that if the Irish
Echo was not picked up by a bargaining unit driver it
would not be distributed to the newsstands by unit driv-
ers. Wittingberg called Grimes, and told him the Union
was very serious and Grimes had to make a decision.
Grimes and Wittingberg reached an agreement that Met-
ropolitan would henceforth pick up the Irish Echo at
Mt. Kisco, and receive the same pay that B & W had.
On the night of November 1, 1983,3 Marvin Friedman,
president of B & W,4 went to Mt Kisco with his van
and his helper to pick up the Irish Echo. As he prepared
to load, a truck arrived from the Metropolitan News
The driver asked Friedman where he could find the Irish
Echo. When Friedman replied that he did the work for
Irish Echo, the driver said that he was there to pick it up
for the Metropolitan News Company. Friedman then
went to the foreman for Inco and asked him what was
going on. The foreman referred him to Jim Talbert, pro-
duction manager for Inco. Talbert told Friedman that he
had been called by Grimes who informed him that Fried-
man was no longer picking up the Irish Echo but that
Metropolitan News Company was doing it. Friedman
got in his truck and went home.
On November 2, Friedman called Grimes and asked
what was going on Grimes told him that he had re-
ceived a call from Wittingberg from the Metropolitan
News stating that if the Metropolitan did not pick up the
Irish Echo that paper would be in jeopardy. Friedman
called Arthur Wittingberg the same day and asked what
was going on Wittingberg told him the Metropolitan
News Company was threatened with shutdown from the
2 The fact that Schneider was acting under instructions from Michael
O'Keefe, union business representative and an admitted agent of the
Union acting on its behalf, would suffice to establish Schneider's agency
status Moreover, the Board has recently held that this Union's chapel
chairmen are the equivalent of shop stewards and are this Union's agents
Newspaper & Mail Deliverers (Gannett Co), 271 NLRB 60 (1984)
3 All dates are 1983 unless otherwise indicated
4 The account of Friedman's contacts with other individuals is based
on Friedman's credible and generally uncontroverted testimony
NEWSPAPER & MAIL DELIVERERS (B & W DISTRIBUTORS)
Union unless they picked up the Irish Echo. He also told
Friedman that he should contact O'Keefe
Friedman contacted Michael O'Keefe by telephone on
November 4. O'Keefe told him that he had a lot of prob-
lems with the Metropolitan News Company and there
were a lot of nonunion "bootleggers" and outsiders
bringing in newspapers to the Metropolitan. Friedman
noted that he had been a member of the Union for many
years and asked why he was being stopped. O'Keefe said
that he had to stop everybody. O'Keefe also said there
was going to be a union meeting on the following
Monday and they should go up there and talk with the
union officials and try to straighten it out . Friedman also
called Union President Murray Schwartz on November 4
and told him that he was having problems. He explained
that O'Keefe was stopping him from delivering the Irish
Echo, and he wanted to know why. He also told
Schwartz that O'Keefe had said he could go to the meet-
ing on Monday and see if he could get it straightened
out. It does not appear from the record that Schwartz
made much of a reply to all of this
Friedman then went to the meeting on November 7
and spoke to Schwartz and O'Keefe there He asked
Schwartz when he would take care of the problem.
Schwartz said he would do it at the end of the meeting
and Friedman should wait in the back of the meeting
hall. After the meeting was over he asked Schwartz if
they could straighten out the problem. Schwartz said
they would. Schwartz, Friedman, Michael O'Keefe,
Jerry Cronin, Joe Carter, and Morton Mallis (all union
representatives) met. Friedman explained that he had
been delivering the Echo since July 19805 and all of a
sudden he was stopped from doing it Schwartz asked
O'Keefe about it. O'Keefe explained what the problem
with Metropolitan News was; a lot of "bootleggers" and
outsiders were bringing papers into the Metropolitan
News and he wanted it stopped . Schwartz told Friedman
to take a walk while they talked about it Friedman did,
and returned a half-hour later. Schwartz then told him
they were going to try to work out a solution the best
way they knew how, and he was to get back to
Schwartz On the following Wednesday, Friedman
called Schwartz and asked what was going on. Schwartz
said he had no news but to give him a ring the next day.
He called back on Friday, November 11. Schwartz again
said he had nothing to tell Friedman, but he should
check with him again the following week. On November
14, Friedman called Schwartz who told Friedman to
contact Carl Levy, the president of Metropolitan News
He called Levy on Wednesday, November 16, and asked
what was going on at Irish Echo. Levy explained that he
was threatened with a shutdown by the Union over the
delivery of the Irish Echo and he thought that every-
body should have a meeting to straighten it out Levy
said he had spoken to O'Keefe. Friedman did not meet
with Levy. The following Friday he called Schwartz
and reported that Levy had told him that the Union took
the position that the work belonged to the men in the
bargaining unit Friedman asked Schwartz how could the
work belong there when it had been done by B & W for
5 Friedman bought B & W in July 1980
931
a number of years Schwartz' only reply was that
"they'd let the chips fall where they fell."
On January 26, 1984, Friedman received a call from
Grimes who told him that he was again to start deliver-
ing the Irish Echo He delivered it January 31 and Feb-
ruary 7 and 14.
On February 14, 1984, Schneider, on orders from
O'Keefe, instructed the Metropolitan employees not to
handle the Irish Echo Accordingly, Metropolitan driv-
ers refused to distribute the Irish Echo to the newsstands
on February 15. When John Grimes inquired into the
reason he was told by Carl Levy that the Union had re-
fused to distribute because they wanted the Mt. Kisco
pickup During a return call by Levy the same day, he
told Grimes that the Union had agreed to distribute the
paper, but Grimes would have to agree to give the Mt.
Kisco pickup to Metropolitan. On February 16, Grimes
called Friedman and told him the papers that had been
delivered to Metropolitan News on February 14 were
not distributed, and he did not think he could use Fried-
man anymore. The papers were distributed by Metropol-
itan employees on February 16 Friedman did no work
for Irish Echo from February 14 to March 13.
On February 17, 1984, Richard Adelman, the contract
arbitrator, issued a written confirmation of an oral order
of February 15 that Metropolitan distribute the Irish
Echo and also pick it up using Metropolitan employees.
The Board's Regional Director issued the complaint in
this case on March 5, 1984. Immediately thereafter, on
March 7, 1984, Judge Stewart of the United States Dis-
trict Court for the Southern District of New York issued
an injunction requiring, inter alia, Irish Echo to transfer
back to B & W the Mt Kisco pickup The injunction is
in effect until the Board issues its decision in this pro-
ceeding
B & W again commenced doing the pickup of Irish
Echo at Mt Kisco on March 15, 1984, and to date con-
tinues to do so.
Conclusions
The Union, in an effort to obtain for its members the
work being done by B & W, threatened Metropolitan
with a work stoppage and caused its members to engage
in a work stoppage.
The Union contends that its efforts were lawful at-
tempts to preserve and recapture bargaining unit work,
and had no other objective. As the General Counsel
points out, to be lawful a work preservation claim must
be directed at preserving work traditionally performed
by employees represented by the Union, and the employ-
er with whom the union contracts must have the power
to assign the disputed work to the union-represented em
ployees NLRB v. Longshoremen ILA, 447 U.S. 490,
(1980) Metropolitan employees had not picked up the
Irish Echo at the printer or from the printer's vehicle for
about 10 years The Union has been aware of this fact
for at least 6 years, made no effort to secure the work
for its members at Metropolitan until the fall of 1983,
and, therefore, acquiesced to B & W doing the work.
Accordingly, I conclude and find that by this acquies-
cence the Union has waived any claim it might have that
932 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the object of its actions in this case is the preservation of
unit work. Marine Officers Assn. (Riverway Co.), 260
NLRB 1360 (1982). No evidence was proffered or ad-
duced that Metropolitan has any power to assign the Mt.
Kisco to New York City delivery to anyone, or had any
connection whatsoever with the retention of B & W to
do the work. B & W's agreement to do the delivery was
and is with Irish Echo. The mere fact that Irish Echo's
printer Inco paid B & W for the delivery and then was
reimbursed by Irish Echo indicates nothing more than an
arrangement of convenience. No one contends that Inco
has any right to assign the work done by B & W The
record evidence requires a finding that the right to con-
trol the work assignment resides in Irish Echo, not Met-
ropolitan. The only work that Metropolitan controls
with respect to the delivery and distribution of the Irish
Echo is the distribution of the paper to retail outlets after
it has been delivered to Metropolitan at Long Island
City.
'Neither B & W nor Irish Echo is a subcontractor of
Metropolitan. The two are separate employers Irish
Echo and B & W are under no obligation to clear the
Mt. Kisco to Long Island delivery arrangements with
Metropolitan There is no showing they have ever done
so, nor are they bound by the Union's jurisdictional
claims or the collective-bargaining agreement between
Metropolitan and the Union in making these arrange-
ments.e
As part of my finding that the Union was not engaged
in lawful work preservation efforts, I have found that
Metropolitan had no control over the work sought by
the Union. Control of the work rests in Irish Echo and
that work was properly assigned to and performed by B
& W. Accordingly, the Union had no primary dispute
with Metropolitan but brought pressure on it, a neutral
in this instance, with an object of forcing Metropolitan
to,cease accepting deliveries from B & W. When Schnei-
der and O'Keefe told Wittingberg that the members of
the bargaining unit represented by the Union at Metro-
politan would not distribute the Irish Echo if it were not
picked up at Mt. Kisco by a unit employee, and when
they instructed Metropolitan employees not to handle
the Irish 'Echo, the Union by its agents threatened and
coerced a person (Metropolitan) engaged in commerce
with an object of forcing Metropolitan to cease accept-
ing delivery from B & W and thereby cease to do busi-
ness with B & W By so doing, the Union violated Sec-
tion 8(b)(4)(ii)(B) of the Act. The Union also violated
Section 8(b)(4)(i)(B)7 of the Act by inducing, encourag-
6 The collective -bargaining agreements in evidence are dated after B &
W started the delivery
? Sec 8(b)(4)(i) and (ii)(B) reads
, (b) It shall be an unfair labor practice for a labor organization or
its agents-
(4) (i) to engage in, or to induce or encourage any individual em-
ployed by any person engaged in commerce or in an industry affect-
ing, commerce to engage in , a strike or a refusal in the course of his
employment to use , manufacture , process, transport , or otherwise
handle or work on any goods, articles, materials, or commodities or
to perform any services, or (u) to threaten, coerce, or restrain any
person engaged in commerce or in an industry affecting commerce,
where in either case an object thereof is
ing, and instructing employees of Metropolitan to engage
in a strike and to refuse to handle goods delivered by B
& W. Newspaper & Mail Deliverers (New York News), 269
NLRB 102 (1984).
In addition, the Union, Metropolitan, and Irish Echo
entered into an agreement whereby both Metropolitan
and Irish Echo agreed to, and on two occasions did,
cease or refrain from doing business with another person,
B & W. By so doing all three of these Respondents vio-
lated Section 8(e) of the Act 8 Inasmuch as the agree-
ment of Irish Echo and Metropolitan was a direct result
of the Union's coercive conduct which I have found vio-
lative of Section 8(b)(4)(i) and (u)(B) of the Act, and an
object of that conduct was to force or require Metropoli-
tan to enter into an agreement which is prohibited by
Section 8(e) of the Act, I find that the Union's conduct
also violated Section 8(b)(4)(i) and (ii)(A) of the Act.9
CONCLUSIONS OF LAW
1. Metropolitan and Irish Echo are employers and per-
sons engaged in commerce, or in an industry affecting
commerce, within the meaning of Sections 2(1), (2), (6),
and (7), 8(b)(4), and 8(e) of the Act.
2 B & W is a person engaged in commerce , or in an
industry affecting commerce , within the meaning of Sec-
tions 2(1), (2), (6), and (7), 8(b)(4 ), and 8(e) of the Act.
3. The Union is a labor organization within the mean-
ing of Section 2(5) of the Act.
4. Metropolitan, Irish Echo, and the Union violated
Section 8(e) of the Act by entering into, maintaining, and
enforcing an agreement whereby Metropolitan and Irish
Echo would cease doing business with B & W.
5 By threatening and coercing Metropolitan with an
object of forcing or requiring Metropolitan to enter into,
enforce, and maintain an agreement to cease doing busi-
ness with B & W, and with the further object of forcing
(B) forcing or requiring any person to cease using , selling, han-
dling, transporting , or otherwise dealing in the products of any
other producer, processor, or manufacturer, or to cease doing
business with any other person Provided, That nothing con-
tained in this clause (B) shall be construed to make unlawful,
where not otherwise unlawful, any primary strike or primary pick-
eting
There is no primary strike or primary picketing in the instant case
8 Sec 8 (e) provides , in pertinent part
(e) It shall be an unfair labor practice for any labor organization
and any employer to enter into any contract or agreement , express
or implied , whereby such employer ceases or refrains or agrees to
cease or refrain from handling, using, selling , transporting or other-
wise dealing in any of the products of any other employer, or to
cease doing business with any other person , and any contract or
agreement entered into heretofore or hereafter containing such an
agreement shall be to such extent unenforceable and void
s Sec 8(b)(4)(i) and (u)(A) provides that it shall be an unfair labor
practice for an organization or its agents-
(4) (i) to engage in, or to induce or encourage any individual em-
ployed by any person engaged in commerce or in an industry affect-
ing commerce to engage in, a strike or a refusal in the course of his
employment to use, manufacture, process, transport, or otheiwise
handle or work on any goods, articles, materials, or commodities or
to perform any services, or (u) to threaten, coerce, or restrain any
person engaged in commerce or in an industry affecting commerce,
where in either case an object thereof is
(A) forcing or requiring any employer or self-employed person
to enter into any agreement which is prohibited by section
8(e)
NEWSPAPER & MAIL DELIVERERS (B & W DISTRIBUTORS)
or requiring Metropolitan and Irish Echo to cease doing
business with B & W, the Union violated Section
8(b)(4)(u)(A) and (B) of the Act
6 By inducing, encouraging, and instructing employ-
ees of Metropolitan to engage in a strike and refuse to
handle goods delivered by B & W with an object of
forcing or requiring Metropolitan to enter into, maintain,
or enforce an agreement to cease doing business with B
& W, and with the further object of forcing or requiring
Metropolitan and Irish Echo to cease doing business
with B & W, the Union violated Section 8(b)(4)(i)(A)
and (B).
7 The aforesaid unfair labor practices affect commerce
within the meaning of Section 2(6) and (7) of the Act.
THE REMEDY
Metropolitan and Irish Echo will be ordered to cease
and desist from maintaining , enforcing, or otherwise
giving effect to their unlawful agreement to cease doing
business with B & W Considering that the Union has al-
ready twice been found by the Board to have engaged in
similar unfair practices in 1983,10 thereby exhibiting a
propensity to continue or repeat its illegal acts, I will
recommend that the Union be ordered to cease and
desist from engaging in such conduct with respect to any
employer and take affirmative action including the post-
ing of appropriate notices.
On these findings of fact and conclusions of law and
on the entire record, I issue the following recommend-
edii
ORDER
A Metropolitan News Co., Inc. and Irish Echo News-
paper Corp., their officers, agents, successors, and as-
signs, shall
1 Cease and desist from entering into, maintaining, en-
forcing, or otherwise giving effect to any agreement
with Newspaper and Mail Deliverers Union to cease or
refrain from doing business with B & W Distributors
Corp., or any other employer.
2 Take the following affirmative action which will ef-
fectuate the policies of the Act
(a) Metropolitan shall:
(i) Post at its Long Island City, New York facility
copies of the attached notice marked "Appendix A." 2
Copies of the notice, on forms provided by the Regional
Director for Region 2, after being signed by the Re-
spondent's authorized representative, shall be posted by
the Respondent immediately upon receipt and maintained
for 60 consecutive days in conspicuous places including
all places where notices to employees are customarily
10 Newspaper & Mail Deliverers (Gannett Co ), 271 NLRB 60 (1984),
Newspaper & Mailer Deliverers (New York News), 269 NLRB 102 (1984)
11 If no exceptions are filed as provided by Sec 102 46 of the Board's
Rules and Regulations , the findings, conclusions , and recommended
Order shall , as provided in Sec 102 48 of the Rules , be adopted by the
Board and all objections to them shall be deemed waived for all pur-
poses
12 If 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 Na-
tional Labor Relations Board" shall read "Posted Pursuant to a Judgment
of the United States Court of Appeals Enforcing an Order of the Nation-
al Labor Relations Board "
933
posted Reasonable steps shall be-taken by the Respond-
ent to ensure that the notices are not altered, defaced, or
covered by any other material
(ii) Metropolitan shall post at the same places set forth
in paragraph 2(a)(i) above, and as soon as they are for-
warded by the Regional Director, copies of the Union's
notice marked "Appendix C "
(iii) Notify the Regional Director in writing within 20
days from the date of this Order what steps Metropolitan
has taken to comply.
(b) Irish Echo shall
(i) Post at its New York, New York facility copies of
the attached notice marked "Appendix B '113 Copies of
the notice, on forms provided by the Regional Director
for Region 2, after being signed by the Respondent's au-
thorized representative, shall be posted by the Respond-
ent immediately upon receipt and maintained for 60 con-
secutive days in conspicuous places including all places
where notices to employees are customarily posted. Rea-
sonable steps shall be taken by the Respondent to ensure
that the notices are not altered, defaced, or covered by
any other material.
(ii) Irish Echo shall post at the same places set forth in
paragraph 2(b)(i) above, and as soon as they are forward-
ed by the Regional Director, copies of the Union' s notice
marked "Appendix C "
(ni) Notify the Regional Director in writing within 20
days from the date of this Order what steps Irish Echo
has taken to comply.
B. Newspaper and Mail Deliverers Union, its officers,
agents, and representatives, shall
1. Cease and desist from
(a) Entering into, enforcing, maintaining , or otherwise
giving effect to any agreement, arrangement , or under-'
standing with Metropolitan News Co., Inc., Irish Echo
Newspaper Corp., or with any other employer, whereby
such employer agrees not to do business with any other
person.
(b) Threatening or coercing Metropolitan News Co,
Inc , or any other employer, with an object of forcing or
requiring Metropolitan News Co, Inc., or any other em-
ployer, to enter into, enforce, or maintain an agreement
to cease doing business with B & W Distributors Corp.,
or any other person, or with an object of forcing or re-
quiring Metropolitan News Co, Inc., or any other em-
ployer, to cease doing business with B & W Distributors
Corp., or any other person
(c) Inducing , encouraging , or instructing employees of
Metropolitan News Co., Inc, or any other employer, to
engage in a strike or refuse to handle goods delivered•by
B & W Distributors Corp., or any other person, with an
object of forcing or requiring Metropolitan News Co.,
Inc to enter into, enforce, or maintain an agreement to
cease doing business with B & W Distributors Corp., or
any other person, or with an object of forcing or requir-
ing Metropolitan News, Inc., or Irish Echo Newspaper
Corp., or any other employer to cease doing business
with B & W Distributors Corp, or any other person.
18 See fn 12
934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2 Take the following affirmative action necessary to
effectuate the policies of the Act
(a) Post at all its locations copies of the attached
notice marked "Appendix C."14 Copies of the notice, on
forms provided by the Regional Director for Region 2,
after being signed by the Union's authorized representa-
tive, shall be posted by the Union immediately upon re-
ceipt and maintained for 60 consecutive days in conspic-
uous places including all places where notices to mem-
bers are customarily posted. Reasonable steps shall be
taken by the Union to ensure that the notices are not al-
tered, defaced, or covered by any other material.
(b) Sign and mail sufficient copies of the notices to the
Regional Director for forwarding to Metropolitan News
Co., Inc, Irish Echo Newspaper Corp., and B & W Dis-
tributors Corp for posting by them if they are willing, in
locations where notices to employees are customarily
posted.
(c) Notify the Regional Director in writing within 20
days from the date of this Order what steps the Re-
spondent has taken to comply.
14 See fn 12
APPENDIX A
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT enter into, maintain, or enforce any
agreement with Newspaper and Mail Deliverers Union
whereby we would cease doing business with B & W
Distributors Corp.
METROPOLITAN NEWS CO., INC.
APPENDIX B
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
whereby we would cease doing business with B & W
Distributors Corp
IRISH ECHO NEWSPAPER CORP.
APPENDIX C
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT enter into, maintain , enforce, or other-
wise given effect to any agreement or understanding
with Metropolitan News Co., Inc, or any other employ-
er, whereby such employer agrees to cease doing busi-
ness with B & W Distributors Corp, or any other
person.
WE WILL NOT threaten, coerce, or restrain Metropoli-
tan News Co., Inc, or any other person engaged in com-
merce or in an industry affecting commerce , where an
object thereof is to enforce, maintain , or otherwise give
effect to any agreement or understanding whereby such
employer or person agrees to cease doing business with
B & W Distributors Corp, or any other person, and/or
to force or require Metropolitan News Co., Inc., or any
other person to cease doing business with B & W Dis-
tributors Corp., or any other person.
WE WILL NOT induce , encourage , or instruct employ-
ees of Metropolitan News Co., Inc., or any other person
engaged in commerce , to engage in a strike and/or
refuse to handle goods delivered by B & W Distributors
Corp., or any other person, with an object of forcing or
requiring Metropolitan News Co., Inc, or any other
person, to enter into , maintain , or enforce an agreement
with us to cease doing business with B & W Distributors
Corp, or any other person, and/or with an object of
forcing Metropolitan News Co, Inc., or any other
person, to cease doing business with B & W Distributors
Corp, or any other person.
NEWSPAPER AND MAIL DELIVERERS
UNION
WE WILL NOT enter into , maintain, or enforce any
agreement with Newspaper and Mail Deliverers Union