Paperhandlers' & Straighteners' Union No. 1

National Labor Relations Board - Board Decisions

Aug 27, 1959

124 N.L.R.B. 738 (N.L.R.B. 1959)

738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. By the foregoing conduct, by telling an employee he would have to withdraw
his membership from the Union if he were to transfer to a watchman 's job, by
prohibiting, on penalty of discharge, an employee from engaging in union activities
on Respondent 's premises during nonworking time, and by promising an employee a
raise if he would transfer to the engineering department and withdraw his member-
ship from the Union , the Respondent has interfered with, restrained, and coerced
its employees in the exercise of rights guaranteed in Section 7 of the Act and thereby
has engaged in and is engaging in, unfair labor practices within the meaning of
Section 8 (a) (1) of the Act.
5. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7) of the Act.
[Recommendations omitted from publication.]
Paperhandlers ' & Straighteners ' Union No. 1, International
Printing Pressmen & Assistants ' Union, AFL--CIO and News
Syndicate Co., Inc . Case No. 2-CD-168. August 27, 1959
DECISION AND DETERMINATION OF DISPUTE
STATEMENT OF, CASE
This proceeding arises under Section 10(k) of the Act, which pro-
vides that, "whenever it is charged that any person has engaged in
an unfair labor practice within the meaning of paragraph (4) (D) of
Section 8 (b), the Board is empowered and directed to hear and de-
termine the dispute out of which such unfair labor practice shall have
arisen...."
On August 20, 1958, News Syndicate Co., Inc., herein called the
News, filed with the Regional Director for the Second Region a charge
alleging that Paperhandlers' & Straighteners' Union No. 1, Interna-
tional Printing Pressmen & Assistants' Union, AFL-CIO, herein
called the Paperhandlers, had engaged in, and was engaging in, cer-
tain unfair labor practices within the meaning of Section 8 (b) (4) (D)
of the Act. It was charged, in substance, that Paperhandlers had
induced and encouraged employees of the News to engage in a strike
or concerted refusal to work with the object of forcing or requiring the
News to assign certain work to employees who were members of the
Paperhandlers rather than to other employees, who were represented
by Truck Drivers Union Local No. 807, International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and Helpers of America,
herein called Teamsters.
Thereafter, pursuant to Section 10 (k) of the Act and Sections
102.79 and 102.80 of Board Rules and Regulations, Series 7, the Re-
gional Director investigated the charge and provided for a hearing
upon due notice to all of the parties. The hearing was held before
I. L. Broadwin, hearing officer, on September 17 and November 20,
1958. All parties appeared at the hearing and were afforded full
124 NLRB No. 92.
PAPERHANDLERS' & STRAIGHTENERS' UNION NO. 1 739
-opportunity to be heard, to examine and cross-examine witnesses, and
to adduce evidence bearing on the issues. The rulings of the hearing
officer made at the hearing are free from prejudicial error and are
hereby affirmed. The Paperhandlers and the News filed briefs with
the Board.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman Leedom and Members Bean and Jenkins].
Upon the entire record in this case, the Board finds :
1. The business of the Company
News Syndicate Co., Inc., is a New York corporation engaged,
:among other activities, in the publication, sale, and distribution of the
"Daily News" and "Sunday News" in the City of New York. During
the preceding year, the News purchased goods and materials, consist-
ing principally of newsprint and ink, amounting to more than
'$2,000,000. Shipments of such goods and materials, valued in excess
of $1,000,000, were received at its plants and warehouses directly from
points outside the State of New York. During the same year, the
gross revenue from its business operations was in excess of $200,000.
We find that News Syndicate Co., Inc., is engaged in commerce within
the meaning of the Act and that it will effectuate the policies of the
Act to assert jurisdiction herein.'
2. The labor organizations involved
Paperhandlers' & Straighteners' Union No. 1, International Print-
ing Pressmen & Assistants' Union, AFL-CIO, and Truck Drivers
Union Local No. 807, International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, are labor organiza-
tions within the meaning of the Act.'
3. The dispute
a. The facts
The Paperhandlers has represented the News' employees in collec-
tive bargaining for many years. Under agreements negotiated with
the Publishers Association of New York City on behalf of the News
and other newspaper companies in New York City, the members of
the Paperhandlers have performed certain functions in connection
'Belleville Employing Printers, 122 NLRB 350.
2Local No. 807 was permitted to intervene in this proceeding on the ground that the
dispute involved work which was being done by members of that Union pursuant to a
collective-bargaining agreement with Daniels & Kennedy, Inc., an independent trucking
company.
740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with the handling of newsprint rolls. Their current agreement pro-
vides in section 3 thereof, that :
The Union is recognized as the exclusive representative of (1)
those employees performing work in connection with the handling
of roll newsprint and rotogravure paper at all terminals and
warehouses where men are employed by the Publisher for this
work, provided such work falls within the jurisdiction of the
Union as that term has been construed and applied in Section 3
of the previous agreement between the parties, and (2) those em-
ployees 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,
weighing, checking, stripping, bundling unprinted waste, operat-
ing elevators, and automatic machines used exclusively in the
handling of roll newsprint; and, when designated by the Pub-
lisher, handling and stripping of cores, operating binding ma-
chines and all other work within such jurisdiction.
For a number of years, News has contracted with Daniels & Ken-
nedy, Inc., an independent trucking company, to transport, deliver,
and unload all its newsprint requirements at its Manhattan plant
amounting to more than 200,000 rolls annually.3 For the performance
of this work Daniels & Kennedy has employed truckdrivers who are
members of Teamster Local 807.
Before the present dispute arose, it was the practice for the trucks to
be backed into a position at the loading platform usually under the
guidance of a paperhandler. Once in position, with blocks under the
front wheels of the truck, the truckdriver removes the cables and
chocks which secure the rolls of newsprint while in transit. This was
sometimes done with the aid of a paperhandler or another truckdriver.
Thereafter the truckdriver rolled the newsprint off the truck and onto
the platform. The record also shows that only on the rare occasions,
when a roll of newsprint was upended or a roll had been damaged by
the elements, did paperhandlers actually get on the bed of a truck to
assist in moving the upended or damaged roll.
In the summer of 1958, the News completed new facilities for un-
loading newsprint. The new storage area was located on East 40th
Street, a short distance from the plant. The new facilities contem-
plated the use of a movable electric crane capable of lifting four rolls
of newsprint at one time and depositing them on a platform some 35
feet above the street level. The efficient operation of the new facility
required that certain steel pins, attached to cables suspended from the
crane, be inserted simultaneously in the cores on either side of the roll
9 This volume of newsprint requires some 9,000 to 10,000 truckloads. Each truck carries
from 21 to 23 rolls of newsprint.
PAPERHANDLERS' & STRAIGHTENERS' UNION NO. 1 741
of newsprint. This made essential the full-time employment of a
helper who would insert the pins in one end of the roll of newsprint
while the truckdriver was inserting the pins in the opposite end.
Sometime before the new unloading facility was placed in opera-
tion, it become evident that the Paperhandlers and the Teamsters were
each asserting a right to furnish the extra services on the trucks under
the changed system of operations. However, the Paperhandlers has
always conceded the right of the driver of the particular truck being
unloaded to do this work alone. It is the assistance of other truck-
drivers or helpers, who are not its members, to which the Paperhan-
dlers objects.
On August 4, 1958, a momentary work stoppage occurred when the
operator of the crane, an employee of the News and a member of the
Paperhandlers, refused to operate the crane because a truckdriver, a
member of the Teamsters, had attempted to assist another truckdriver
in unloading his truck by inserting the pins on one side of the rolls of
newsprint. After considering the opposing claims and discussing the
matter with the respective unions, the News on August 19 informed
the Paperhandlers that the particular work was assigned to Daniels
& Kennedy and their employees, and that it intended to operate its new
facilities on that basis. The Paperhandlers, however, was emphatic
in its demands that the News assign a member of its union to perform
the extra duties. Later that day, when the News directed that a truck-
load of newsprint be unloaded with the help of a second truckdriver,
the crane operator, under instructions from the Paperhandlers, re-
fused to lift the rolls of newsprint off the truck. As a consequence,
the driver of the truck was compelled to remove the pins from the rolls
of newsprint which had been inserted by the other truckdriver and to
reinsert the pins himself. Only then did the crane operator consent to
operate the crane and unload the truck.
b. Contentions of the parties
Although the Paperhandlers admits that it caused the work stop-
pages, mentioned above, it contends, in effect, that its actions were
justified. Specifically, it alleges that under section 3 of its contract
with the Publishers, previously quoted herein, the work properly
belongs to its own members, and that the assignment of the work to
the employees of Daniels & Kennedy is both a violation of its agree-
ment and contrary to the established custom and practice which has
prevailed for many years.
The News, on the other hand, denies that the Paperhandlers is en-
titled to the work under its agreement or by custom and practice. It
urges that the particular work is an integral part of the work of
unloading belonging to the employees of Daniels & Kennedy. It there-
742 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fore contends that the Paperhandlers violated Section 8(b) (4) (D)
of the Act.
c. Applicability of the statute
After investigating the charge herein, the Regional Director con-
cluded that there was reasonable cause to believe that a violation of
Section 8 (b) (4) (D) was committed.
The record establishes that there is reasonable cause to believe that
the Paperhandlers induced and encouraged employees of the News to
engage in a strike or concerted refusal to perform services with the
object of forcing or requiring the News to assign certain work of un-
loading newsprint to members of the Paperhandlers, although the
News has assigned this work to employees who were members of the
Teamsters. The Board has held that such circumstances are sufficient
to invoke the Board's jurisdiction to hear and determine a dispute
within the meaning of Sections 8(b) (4) (D) and 10(k) of the Act.'
We find, therefore, that the dispute in question is properly before the
Board for determination under Section 10(k) of the Act.
d. The merits of the dispute
It is well established that an employer is free to make work assign-
ments without being subject to strike pressure of a labor organization
seeking work for its members, unless the employer is thereby failing
to conform to an order or certification of the Board determining the
bargaining representative for employees performing the disputed
work, or unless the employer is bound by an agreement which assigns
the particular work to the striking labor organization.5 The Paper-
handlers does not assert a Board order or certification to support its
claim. However, although conceding that for years Daniels & Ken-
nedy has had a contract with the News to deliver and unload news-
print, the Paperhandlers, nevertheless, contends that its collective-
bargaining agreement gives its members the right to the disputed
work. We find no merit in this contention.
We find nothing in the Paperhandlers' collective-bargaining agree-
ment with the News which gives it the disputed work of assisting a
carrier, which is under a trucking contract with the News, in the
performance of the carrier's obligations. Nor does the fact that,,
under the earlier unloading practice, paperhandlers occasionally
guided a truck into the unloading bay, or helped loosen cables on the
truck, or gave certain emergency assistance to the truckdriver, estab-
lish a present right to the disputed work.
4 Local 26, International Fur and Leather Workers Union of the United States and
Canada (Winslow Bros. & Smith Co.), 90 NLRB 1379; Radio & Television Broadcast
Engineers Union, Local 1212, International Brotherhood of Electrical Workers, AFL-CIO
(Columbia Broadcasting System, Inc.), 114 NLRB 1354.
6 General Drivers, Warehousemen and Helpers, Local Union No. 968 et al . ( Farnsworth &
Chambers Co., Inc.), 115 NLRB 617.
WAREHOUSE AND DISTRIBUTION WORKERS UNION 743
Accordingly, we find that the Paperhandlers is not lawfully en-
titled to require the News to assign the disputed work to the News'
employees who are members of the Paperhandlers rather than to other
employees who are members of Teamsters Local 807.
DETERMINATION OF DISPUTE
Upon the basis of the foregoing findings and the entire record in
this case, the Board makes the following determination of dispute
pursuant to Section 10 (k) of the Act :
1. Paperhandlers' & Straighteners' Union No. 1, International
Printing Pressmen & Assistants' Union, AFL-CIO, is not, and has
not been, lawfully entitled to force or require News Syndicate Co.,
Inc., to assign the work in dispute to members of the Paperhandlers
rather than to members of any other labor organization.
2. Within 10 days from the date of this Decision and Determination
of Dispute, Paperhandlers' & Straighteners' Union No. 1, Interna-
tional Printing Pressmen & Assistants' Union, AFL-CIO, shall notify
the Regional Director for the Second Region in writing, whether or
not it accepts the Board's determination of this dispute and whether or
not it will refrain from forcing or requiring News Syndicate Co., Inc.,
by means proscribed by Section 8(b) (4) (D) of the Act, to assign
the work in dispute to members of the said Union rather than to other
employees who are members of Teamsters Local 807.
Warehouse and Distribution Workers Union, Local 688, affiliated
with International Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America and Bachman Machine
Company. Case No. 14-CC-114. August 27, 1959
SUPPLEMENTAL DECISION AND ORDER
On October 10, 1958, the National Labor Relations Board, with
one member dissenting, issued its Decision and Order in the above-
entitled proceeding dismissing a complaint, based on charges filed
by Bachman Machine Company which alleged that the Respondent,
Warehouse and Distribution Workers Union, Local 688, affiliated
with International Brotherhood of Teamsters, Chauffeurs, Ware-
liousemen and Helpers of America, had violated Section 8 (b) (4) (A)
of the National Labor Relations Act.'
More specifically, the Board found that the Union's picketing of
Bachman Machine Company in furtherance of its economic strike
against Plastics Molding Company, the primary employer with which
1121 NLRB 1229.
124 NLRB No. 98.