Star Publishing Co.

National Labor Relations Board - Board Decisions

Dec 11, 1937

4 N.L.R.B. 498 (N.L.R.B. 1937)

In the Mal ter Of STAR PUBLISHING COMPANY and SEATTLE NEWS-
PAPER GUILD, LOCAL No. 82
Case No. 0-938.-Decided December 11, 1937
Newspaper Industry--Interterence , Restraint or Coercion: discriminatory re-
moval of union members from regular jobs without guarantee of other regular
employment, upon demands of rival union.Strike-Discrtnunatton,: discharge-
Reinstatentent Ordered-Back Pay: awarded.
Mr. E. J. Eagen, for the Board.
Mr. S. S. Hahn, of Los Angeles, Cal., and Bagley ch Croson, of
Seattle, Wash., for the respondent.
Mr. Harry L. Gross, of Portland Ore., and Mr. Stanley Golub and
Mr. James Molt/ian, of Seattle, Wash., for the Guild.
Mr. Lewis H. Gill, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On July 2, 1937, Seattle Newspaper Guild, Local No. 82, herein
called the Guild, filed a charge with the Regional Director for the
Nineteenth Region (Seattle, Washington) alleging that Star Pub-
lishing Company, Seattle, Washington, herein called the respondent,
had engaged in and was engaging in unfair labor practices affecting
commerce within the meaning of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On July 13, 1937, the National
Labor Relations Board, herein called the Board, by the Regional
Director, duly issued and served upon the parties a complaint and
notice of hearing. The complaint alleged that the respondent had
engaged in and was engaging in unfair labor practices affecting
commerce, within the meaning of Section 8(1) and (3) and Section
2 (6) and (7) of the Act.
With regard to the unfair labor practices, the complaint, as
amended at the hearing, alleges in substance that the respondent, on
or about July 2, 1937, transferred J. W. Farmer, Everett Ray, Al
Nienau, Ed Wright, Bert Sparks, Orville Lane, Jack- Connor, Lee
Connor, Wesley Bubb, Vernon Nelson, Verle Nelson, Marcel May-
nard, Tom Beveridge, Hal Navarre, Jack Burris, Clarence Benecke,
498
DECISIONS AND ORDERS 499
'Lambert Spear, Paul Pemberton, Don Longhbottom and Urban Har-
r;s, from their regular jobs in the circulation department of the
respondent to temporary positions in other departments because they
joined and assisted and refused to give up their membership in the
Guild, that the respondent refused and is refusing to reinstate such
'individuals to their regular positions or to assure them of regular
employment; that by such action the respondent discriminated and
is discriminating against such individuals in regard to hire and
tenure of employment and thereby discouraged and is discouraging
membership of its employees in the Guild; and that the respondent
by such action interfered with, restrained, and coerced, and is inter-
fering with, restraining, and coercing its employees in the exercise
of the rights guaranteed in Section 7 of the Act.
On July 21, 1937, the respondent filed an objection and answer,
alleging that the respondent is not engaged in interstate commerce,
that the matters complained of in the complaint are not within the
proper jurisdiction of the Board because such matters are entirely
within the jurisdiction of the American Federation of Labor, herein
.called the A. F. of L., and denying the unfair labor practices charged,
although admitting that the 'respondent transferred the individuals
in question from their regular jobs in the circulation department of
the respondent to other jobs.
Pursuant to an amended notice of hearing duly served upon the
parties, a hearing was held in Seattle, Washington, on July 27,'
28, 29, and 30, 1937, before Walter Wilbur, the Trial Examiner duly
designated by the Board. All parties were represented by counsel
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties.
A petition for leave to intervene was filed by Newspaper Drivers
and Helpers, Local No. 763 of International Brotherhood of Team-
sters, Chauffeurs, Stablemen, and Helpers, herein called the Team-
sters, an A. F. of L. union, and certain named individuals. The same
parties also presented objections to the jurisdiction of the Board and
an answer to the complaint. The petition for leave to intervene was
discussed exhaustively at the hearing. The petitioners claimed an
interest in the case by virtue of the fact that the individual peti-
tioners had replaced the Guild members who had been removed from
their jobs, and alleged that any order by the Board that respondent
reinstate the Guild members might prejudice the individual peti-
tioners. The Trial Examiner denied the petition for leave to inter-
vene, ruling that the sole question for the Board's determination was
whether respondent engaged in any unfair labor practice by discrimi-
natorily removing the Guild members from their jobs, and that the
500 NATIONAL LABOR RELATIONS BOARD
petitioners had no standing in the case with the issue so defined. We
hereby affirm the Trial Examiner's ruling on the petition for leave
to intervene.
The Trial Examiner also ruled that evidence as to whether the
Guild was, at the time of the alleged unfair labor practices, affiliated
with the A. F. of L. was immaterial, and that evidence as to whether
the Guild had proper jurisdiction over the jobs in question was like-
wise immaterial in considering the question of whether respondent
engaged in unfair labor practices. We hereby affirm these rulings of
the Trial Examiner.
Various other motions and objections to the admission of evidence
were made during the course of the hearing. We have reviewed the
rulings of the Trial Examiner on these motions and objections and
find no prejudicial error. The rulings are hereby affirmed.
On September 20, 1937, the Board, acting pursuant to Article II,
Section 37, of National Labor Relations Board Rules and Regula-
tions-Series 1, as amended, ordered the proceedings in the case trans-
ferred to and continued before the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, a Washington corporation organized in 1900, has
its principal office and place of business at Seattle, Washington. It
owns, prints and publishes the Seattle Star, herein called the Star, a
daily newspaper, and distributes it in the State of Washington, in
various other states of the United States, in the Territory of Alaska
and in British Columbia, Canada. The average daily circulation of
the Star is in excess of 80,000. In the publication of the Star, re-
spondent is engaged in collecting, receiving, distributing and trans-
mitting news and intelligence from, to, into, and through states other
than the State of Washington, territories of the United States, and
foreign countries.
The majority of the capital stock of the respondent is owned by
Scripps Newspapers, Inc., a Delaware corporation which also owns
and controls a majority of the capital stock of other corporations
which own and publish newspapers in the states of Washington,
Oregon, California, Utah, Texas, and Idaho. The chairman of the
Board of Directors, the treasurer, and the secretary of Scripps News-
papers, Inc., also hold those offices in all of the afore-mentioned cor-
porations, including the respondent. Scripps Newspapers, Inc.
supervises in many ways the operations of such newspapers, under the
name of the Scripps League of Newspapers. It purchases all sub-
stantial items of supplies, machinery, real estate, news services, syndi-
DECISIONS AND ORDERS 501
cated feature services , and other items for each of the aforesaid
corporations , including the respondent . The individual corporations
are charged for.such items . Some of such items are purchased and,
shipped from outside the State of Washington . For example, the
newsprint used by respondent is purchased and shipped from British
Columbia , Canada. The respondent purchases its own ink, which is
shipped from New York City.
The respondent uses the United Press service , which is purchased
by Scripps Newspapers , Inc. from United Press Association, a New
York corporation engaged in collecting , formulating , and transmit-
ting news and intelligence from various points within and without
the United States. The United Press Association maintains and
operates two teletype machines in respondent 's plant in Seattle, and
has the privilege of using items of news and intelligence collected and
edited by respondent 's employees , for transmittal to the various sub-
scribers of the United Press service.
The Star, the Tacoma (Washington ) Times, and the Portland
(Oregon ) News Telegram, newspapers included in the Scripps
League of Newspapers , transmit news and intelligence to and from
one another by means of a wire service.
II. THE UNION
The Seattle Newspaper Guild, Local No. 82, is a labor organiza-
tion affiliated with the American Newspaper Guild.
III. TIIE UNFAIR LABOR PRACTICES
The circulation department in respondent 's plant includes em-
ployees engaged in various types of work . The employees involved
in this proceeding are district and branch managers and verifiers.
The district managers, of whom fourteen are involved here, have
supervisory duties over the carrier boys in various parts of the city.
They instruct the boys in the technique of procuring new subscrib-
ers, see that the papers are properly delivered and collections effi-
ciently made , and keep records of the work of the boys. Branch
managers , of whom two are involved here, have similar duties, ex-
cept that their jurisdiction covers certain outlying points not covered
by the district managers. The verifiers , of whom four are here in-
volved, are engaged primarily in checking up on complaints from
subscribers . There are a number of other employees in the circula-
tion department , but they are not involved in this case.
The actual transportation of the papers from the plant to the
various stations throughout the city was done by the district and
branch managers in their own cars until the middle of April 1937,
at which time the Teamsters prevailed upon the management to
502 NATIONAL LABOR RELATIONS BOARD
have the hauling done by the City Transfer Company, of Seattle.
This change was effected, with the City' Transfer Company em-
ploying members of, the Teamsters to drive the trucks. Thereafter
the district and branch managers rode out to their stations inde-
pendently of the trucks hauling the papers.
Shortly after this first inroad was effected by the Teamsters, the
district and branch managers and verifiers organized themselves into
the Guild. By about May 11, 1937, the management agreed to in-
stitute collective bargaining with the Guild as the exclusive repre-
-sentative of its employees in the circulation department, business of-
fice, and classified advertising department. It was satisfied by evi-
dence presented by the Guild that the Guild represented a majority
of the employees in those departments. Conferences relating to
wages, hours, and other conditions of employment were carried on
between the management and the Guild from that time until July,
when the controversy we are considering came to a head.
Several A. F. of L. unions had been in the plant for some time.
The typographers, janitors, mailing room employees, press room em-
ployees, and stereotypers were organized in their respective organiza-
tions, and some had been operating under contracts with the respond-
ent for several years.
The conflict between the Teamsters and the Guild over the verifiers
and district and branch managers was foreshadowed' as early as May
17, 1937, when Dave Beck, international representative of the Team-
sters in the northwest district, wrote Frank Webster, publisher of
the Star, that the Teamsters had jurisdiction, under A. F. of L. laws,
over all circulation department employees. On May 22 William
Green, president of the A. F. of L., at the request of Beck wired the
respondent that the Guild's jurisdiction was limited to news writers
and editorial departments, under the charter granted the American
Newspaper Guild by the A. F. of L. On June 9, 1937, the general
manager of the respondent wrote the Guild, stating that the respond-
ent did not desire to enter into any agreement with the Guiles which
would conflict with the jurisdiction of any other A. F. of L. unions.
At about this time the management was familiar with reports that
the American Newspaper Guild had voted, at its convention in St.
Louis early in June, to affiliate with the Committee for Industrial
Organization. However, the exact status of the Guild and the A. F.
of L. was apparently never taken up between the Guild and the
respondent at any of the conferences. Collective bargaining between
the Guild and the respondent continued down to July 1, 1937, the
Guild being accepted by the respondent as the representative for the
employees in the circulation department, business office, and classified
advertising department. With this background in mind, we turn to
the events of July 1, 2, and 3, 1937.
DECISIONS AND ORDERS 503
At 5:30 in the afternoon of July 1, 1937 , Shaw, a representative
of the Teamsters , called upon respondent 's president , Marshall, at
the offices of the respondent, and informed him that starting the next
morning the Teamsters would not haul respondent's papers unless all
the circulation department employees were members of the Teamsters
or made application for such membership. Marshall requested suf-
ficient time to get the jurisdictional dispute settled . Shaw replied
that his instructions permitted no delay. Upon Shaw's refusal to
grant an extension of time, Marshall upon request granted him per-
mission to speak - to the district and branch managers and verifiers at
their regular meeting in the Star plant the following morning.
Marshall then attempted without success to contact Beck and other
A. F. of L. officials in Seattle, for the purpose of having the Team-
sters ' demands withdrawn.
The next morning at about 9: 30 o'clock, Shaw addressed a meeting
attended by most, if not all, of the 20 men in question and informed
them that they must, in order to hold their jobs, join the Teamsters.
It was made clear that he was appearing before them at his own
request, not at the request of the respondent. Shaw left the room
after presenting the Teamsters' demands, and the 20 men, all of whom
were Guild members, decided to remain in the Guild rather than to
join the Teamsters . This decision was communicated to certain of
the respondent 's officers , who were gathered in conference . This was
about 10: 30 o'clock in the morning. The presses had already stopped
and the papers which had been printed were not being moved from
the plant. The representatives of the Guild suggested that the mat-
ter be placed before the National Labor Relations Board for solution
in some way, and the management stated that they doubted if the
Teamsters would acquiesce . Shaw was called in to the conference
and the management 's prediction was verified when he refused, bas-
ing his refusal on the ground that this was merely a jurisdictional
dispute between two A. F. of L. unions. ' The meeting broke up at
this point.
After further deliberation , the management decided to ask the
Guild members in question whether they would guarantee delivery
of the papers from the plant to the points throughout the city. The
men declined to make such a guarantee for two reasons . One was
that the hauling work was within the jurisdiction of the Teamsters.
The other reason was that the Teamsters , who were then congregated
in the alley outside the plant, were regarded by the Guild members
as a threat to the well-being of anyone attempting to take over the
work of hauling the papers. One of the Guild members testified
that such groups were known as "goon squads ," with a record of
'attempting to settle previous jurisdictional disputes by subjecting
Teamsters ' opponents to violent beatings. The management then
67573-38-vol iv-33
504 NATIONAL LABOR RELATIONS BOARD
secured the assurance of Shaw that the Teamsters would guarantee
distribution, and he was told to go ahead. The presses started, the
papers were moved out in the trucks, and within about twenty
minutes the Teamsters had produced men to replace the Guild mem-
bers who were district and branch managers and verifiers.
When informed by the management that the Teamsters had been
given the jobs, the Guild members naturally inquired of the manage-
ment as to whether they were discharged. They were told that they
would be kept on the regular pay roll for at least two weeks, the
management being hopeful that some adjustment of, the dispute
could be reached in that time. No guarantee of employment beyond
two weeks could be secured by the men, although the management
insisted they were not being given the customary two weeks', notice
prior to discharge. It was extremely uncertain what work, if any,
they were to be assigned. Accordingly, at about one o'clock in the
afternoon of July 2, the 20 district managers, branch managers, and
verifiers, who had elected to retain the Guild as their bargaining
agency, found themselves out of their regular jobs and without any
assurance of regular employment at other jobs.
That afternoon the entire Guild membership in the respondent's
plant, comprising employees in the editorial, business office, classified
advertising, and circulation departments, held a meeting and voted
authority to a strike committee to call a strike unless some mutually
acceptable adjustment! could be made with the respondent. This com-
mittee met with the management twice during the afternoon and
evening, but no additional assurance of regular employment for the
20 men in question could be obtained. Efforts by the management to
have the Teamsters withdrawn were likewise unavailing. At 10: 30
o'clock on the morning of July 3, the entire Guild membership
struck. The paper appeared that day, but did not reappear until
July 9,,when the plant was reopened with police assistance furnished
by Mayor Dore of Seattle. At the time of the hearing, the plant
had not been shut down again, although the Guild members remained
out on strike. Further negotiations between the respondent, the
Teamsters, and the Guild strike committee failed to result in any
settlement, the principal barrier being the consistent refusal of Beck
to agree to any withdrawal of the Teamsters from the disputed jobs.
A further stumbling block was the fact that the respondent intro-
duced a condition on the return of the 20 men, to the effect that the
Guild must agree to submit future jurisdictional disputes to the
A. F. of L. for decision.
We' are not called upon in this case to decide whether the Guild
was, either technically or realistically, affiliated with the A. F. of L.
at the time of the removal of the 20 Guild members from their regular
jobs. The question as to the proper jurisdiction over the disputed
DECISIONS AND ORDERS 505
jobs is not presented to us for decision. Our sole inquiry is as to the
alleged unfair labor practices of the respondent in removing the 20
men from their regular jobs and in refusing them any guarantee of
regular employment. The acts complained of occurred on July 2,
1937, and it is on the basis of those acts that we must make our
decision.
We think it is clear that the acts of July 2 related above, con-
stituted discrimination in regard to hire and tenure of employment.
and that they necessarily discouraged membership in the Guild, a
labor organization. The respondent accordingly committed an un-
fair labor practice within the meaning of Section 8 (3) of the Act.
It is also clear that those acts, in a very real sense, interfered with,
restrained, and coerced respondent's employees in the exercise of
their rights to self-organization and to collective bargaining through.
representatives of their own choosing, and accordingly constituted
a violation of Section 8 (1) of the Act. The 20 men in question were
presented with the alternative of transferring their membership
from their chosen organization, the Guild, to the Teamsters, or of
being removed from their regular jobs with no guarantee for the
future apart from a place on the pay roll guaranteed for but two,
weeks. They chose to remain in the Guild, and the resultant re-
movals from their jobs constituted an unmistakable blow at the
Guild and a clear violation of the Act.
We realize that the respondent was placed in an unenviable posi-
tion by the Teamsters' ultimatum, but the violation of the Act is
unmistakable.
We find that the respondent has discriminated in regard to hire
and tenure of employment against the 20 men in question, and that
it has thereby discouraged membership in the Guild and interfered
with, restrained, and coerced its employees in the exercise of the
rights guaranteed in Section 7 of the Act.
IV. EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the respondent set forth in Section III above,
occurring in connection with the operations of the respondent de-
scribed in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several states,
and tend to lead and have led to labor disputes burdening and
obstructing commerce and the free flow of commerce.
V. THE REMEDY
The 20 men in question, having ceased work in connection with
a current labor dispute and because of an unfair labor practice,
retain their status as employees within the meaning of Section 2 (3)
506 NATIONAL LABOR RELATIONS BOARD
and (9) of the Act. Evidence was introduced at the hearing that
these men were all desirous of reinstatement, and that none of them
have obtained other employment. We will order respondent to
reinstate all of these men to their former jobs, with back pay.
CONCLUSIONS OF LAW
Upon the basis of the foregoing findings of fact, and upon the,
entire record in the case, the Board makes the following conclusions
of law :
1. Seattle Newspaper Guild, Local No. 82, is a labor organization
within the meaning of Section 2 (5) of the Act.,
2. The strike of employees of the respondent on July 3, 1937, was
a labor dispute within the meaning of Section 2 (9) of the Act.
3. J. W. Farmer, Everett Ray, Al Nienau, Ed Wright, Bert
Sparks, Orville Lane, Jack Connor, Lee Connor, Wesley Bubb,
Vernon Nelson, Verle Nelson, Marcel Maynard, Tom Beveridge, Hal
Navarre, Jack Burris, Clarence Benecke, Lambert Spear, Paul Pem-
berton, Din Longhbottom, and Urban Harris were employees of the
respondent on July 2, 1937, and are still employees of the respond-
ent, within the meaning of Section 2 (3) of the Act.
4. The respondent, by discriminating in regard to the hire and
tenure of employment of J. W. Farmer, Everett Ray, Al Nienau, Ed
Wright, Bert Sparks, Orville Lane, Jack Connor, Lee Connor, Wesley
Bubb, Vernon Nelson, Verle Nelson, Marcel Maynard, Tom Bev-
eridge, Hal Navarre, Jack Burris, Clarence Benecke, Lambert Spear,
Paul Pemberton, Don Longhbottom, and Urban Harris, and thereby
discouraging membership in Seattle Newspaper Guild, Local No. 82,
has engaged and is engaging in unfair labor practices, within the
meaning of Section 8 (3) of the Act.
5. By the acts set forth in these conclusions of law, respondent
has interfered with, restrained, and coerced its employees in the
exercise of the rights guaranteed in Section 7 of the Act, and has
engaged and is engaging in unfair labor practices within the mean-
ing of Section 8 (1) of the Act.
6. The aforesaid unfair labor practices are unfair labor practices
affecting commerce, within the meaning of Section 2 (6) and (7)
of the Act.
ORDER
Upon the basis of the above findings of fact and conclusions of
law and upon the entire record in the case, and pursuant to Sec-
tion 10 (c) of the National Labor Relations Act, the National Labor
Relations Board hereby orders that the respondent, Star Publishing
Company, Seattle, Washington, its officers, agents, successors, and
assigns, shall:
DECISIONS AND ORDERS 507
1. Cease and desist from :
a. Discouraging membership in the Seattle Newspaper Guild, Local
No. 82, or any other labor organization of its employees, by discrimi-
nating against its employees in regard to hire and tenure of employ-
ment or any term or condition of employment;
b. In any manner interfering with, restraining, or coercing its
employees in the exercise of the right to self-organization, to form,
join, or assist labor organizations, to bargain collectively through rep-
resentatives of their own choosing, and to engage in concerted activi-
ties, for the purposes of collective bargaining or other mutual aid or
protection, as guaranteed in Section 7 of the National Labor Relations
Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act:
a. Offer to J. W. Farmer, Everett Ray, Al Nienau, Ed Wright,
Bert Sparks, Orville Lane, Jack Connor, Lee Connor, Wesley Bubb,
Vernon Nelson, Verle Nelson, Marcel Maynard, Tom Beveridge, Hal
Navarre, Jack Burris, Clarence Benecke, Lambert Spear, Paul Pem-
berton, Don Longhbottom, and Urban Harris immediate and full
reinstatement to their former positions without prejudice to their
seniority and other rights and privileges;
b. Make whole J. IV. Farmer, Everett Ray, Al Nienau, Ed Wright,
Bert Sparks, Orville Lane, Jack Connor, Lee Connor, Wesley Bubb,
Vernon Nelson, Verle Nelson, Marcel Maynard, Tom Beveridge, Hal
Navarre, Jack Burris, Clarence Benecke, Lambert Spear, Paul Pem-
berton, Don Longhbottom, and Urban Harris for any loss of pay
they have suffered by reason of the respondent's discriminatory acts,
by payment to each of them of a sum of money equal to that which
he would normally have earned as wages from July 3, the date on
which their work ceased as a result of the unfair labor practices,
to the date of the respondent's offer of reinstatement, less the amount
which each, respectively, has earned during said period;
c. Post immediately notices in conspicuous places in its plant at
Seattle, Washington, stating (1) that the respondent will cease and
desist as aforesaid, (2) that such notices will remain posted for a
period of thirty (30) consecutive days from the date of posting;
d. Notify the Regional Director for the Nineteenth Region in
writing within ten (10) days from the date of this order what steps
the respondent has taken to comply herewith.