The Afro-American Co.

National Labor Relations Board - Board Decisions

Mar 16, 1939

11 N.L.R.B. 1200 (N.L.R.B. 1939)

In the Matter of THE AFRO-AMERICAN COMPANY and BALTIMORE
NEWSPAPER GUILD
Case No. C-1207.-Decided March 16, 1939
Newspaper Publishing Industry-Settlement: stipulation providing for com-
pliance with the Act and reinstatement of employee with back pay in specified
amount-Order: entered on stipulation.
Mr. Jacob Blum, for the Board.
Mr. Harry O. Levin; of Baltimore, Md., for the respondent.
Mr. George H. Engeman, of Baltimore, Md., for the Guild.
Mr. Victor A. Pascal, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by Baltimore Newspaper Guild, herein
called the Guild, the National Labor Relations Board, herein called
the Board, by the Regional Director for the Fifth Region (Balti-
more, Maryland), issued a complaint dated January 26, 1939, against
The Afro-American Company, Baltimore, Maryland, herein called
the respondent, alleging that the respondent had engaged in unfair
labor practices affecting commerce within the meaning of Section
8 (1) and (3) and Section 2 (6) and (7) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. Copies of the
complaint accompanied by notice of hearing were duly served upon
the respondent and the Guild.
With respect to the unfair labor practices, the complaint alleged
in substance: (1) that the respondent had discriminated in regard
to the hire and tenure of employment of Samuel Snowden because
of his membership in the Guild and because he had engaged in con-
certed activities with other employees for the purpose of collective
bargaining and other mutual aid and protection; (2) that by the
above and other acts and conduct the respondent interfered with, re-
strained, and coerced its employees in their choice of representatives
for the purpose of collective bargaining and other mutual aid and
protection.
11 N. L. R. B., No. 109.
1200
THE AFRO-AMERICAN COMPANY ET AL. 1201
On January 28, 1939, the respondent, the Guild, and counsel for
the Board entered into a stipulation in settlement of the case. The
stipulation provides as follows :
STIPULATION
The Afro-American Company (hereinafter called the Respond-
ent), by Harry O. Levin, its attorney, the Baltimore Newspaper
Guild (hereinafter called the Union), by George H. Engeman,
its Secretary, and Jacob Blum, Regional Attorney for the Fifth
Region of the National Labor Relations Board (hereinafter
called the Board), hereby stipulate and agree as follows:
1. That on or about December 19, 1938, the Union filed a charge
against the Respondent alleging that the Respondent had vio-
lated Section 8, subdivisions 1 and 3 of the National Labor Re-
lations Act, in that the Respondent, on or about February 15,
1938, by threats, intimidations and insinuations, discouraged the
formation of said Union and the membership of its employees
therein, and on or about March 1, 1938, did discharge Samuel
Snowden because of membership and activity in said Union.
2. That the Union is a labor organization within the meaning
of Section 2, subdivision 5 of the National Labor Relations Act.
3. The said Respondent, through its attorney, acknowledges
service upon it of a formal complaint issued by the Regional
Director for the Fifth Region, and specifically waives its right
to file any motions or answers objecting to jurisdiction, or setting
forth any other defense it might have to the aforesaid charge.
The Respondent specifically waives its right to participate in a
hearing before a Trial Examiner of the Board; waives its right,
to receive an Intermediate Report, and further waives its right
to the filing of any exceptions to any findings or recommenda-
tions which might have been rendered by such Trial Examiner
in a formal hearing.
4. The Respondent is a Maryland Corporation having been
incorporated about 1907, and has its principal place of business
in the City of Baltimore, State of Maryland. It also maintains
branch offices in Washington, D. C., and Philadelphia, Pennsyl-
vania. The capital stock consists of 700 shares and all but 6
shares are owned by Carl Murphy, D. Arnett Murphy, John H.
Murphy, Jr., George B. Murphy and Eva. S. Purdy, all of whom
are officers and directors of the company. The company is engaged
in the business of publishing a weekly newspaper in the above
cities, and the news contained therein and the editorial policy
appeal chiefly to colored people by whom it was founded and for
whom it is published. All the paper used by the comp any is
1202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
imported from the Dominion of Canada and transported by boat
to Baltimore, Maryland, and trucked to Respondent's plant in
that city. Advertising is solicited by employees of the Re-
spondent and national newspaper representatives in Baltimore
and other cities in the United States. Approximately one-half
of the advertising comes from states other than the State of
Maryland. The Respondent is a member of the Associated Ne-
gro Press and the National News Service, which services are
engaged in the collection and dissemination of news by wire and
other means throughout the United States. The circulation
amounts to about 85,000 copies, of which 65,000 are shipped to
places outside of the State of Maryland. The Respondent ad-
mits that it is engaged in interstate commerce within the mean-
ing of Section 2, subdivision 6 of the National Labor Relations
Act.
5. It is further stipulated and agreed by the parties hereto
that the Board may enter an Order herein, and the Respondent
specifically waives its right to the making of findings of fact and
conclusions of law by the Board.
6. On the basis of the foregoing facts, the Respondent and the
Union agree that the Board shall enter an Order as follows:
ORDER
Upon the basis of this stipulation and conclusions of law, and
pursuant to Section 10 (c) of the National Labor Relations Act,
the National Labor Relations Board hereby orders that the Re-
spondent, its officers, agents, successors and assigns shall:
1. Cease and desist :
(a) From in any manner discouraging membership in the
Baltimore Newspaper Guild, or any other labor organization, by
laying off, discharging or refusing to reinstate, or otherwise dis-
criminating against its employees in regard to hire or tenure of
employment, or any term or condition of employment;
(b) From in any other manner interfering with, restraining,
or coercing its employees in the exercise of the right to self-or-
ganization, to form, join, or assist labor organizations, to bar-
gain collectively through representatives of their own choosing,
and to engage in concerted activities for the purpose 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 Samuel Snowden immediate and full reinstate-
ment to his former or equivalent position, without prejudice to
his seniority and other rights and privileges;
THE AFRO-AMERICAN COMPANY ET AL. 1203
(b) Make whole Samuel Snowden for any loss of pay he has
suffered by reason of the respondent's discrimination in regard
to the terms and conditions or hire and tenure of his employment,
by payment to him a sum of money equal to that which he would
normally have earned as wages from the date of his discharge,
to the date of such offer of reinstatement, less his net earnings
during said period, which sum amounts to $690.00;
(c) Immediately post notices in conspicuous places through-
out its plants at Baltimore, Maryland, and Washington, D. C.,
and maintain such notices for a period of 60 consecutive days
from the date of such posting, stating that Respondent will cease
and desist in the manner aforesaid;
(d) Notify the Regional Director for the Fifth Region in
writing within 10 days from the date of this order what steps
the Respondent has taken to comply therewith.
7. The Respondent hereby consents to the entry by an appro-
priate Circuit Court of Appeals of the United States of a decree
enforcing an order of the Board in the form above, and expressly
waives its right to receive notice of the filing of an application
for the entry of such decree.
8. All of the foregoing shall be subject to the approval of the
Board.
On March 3, 1939, the Board issued its order approving the above
stipulation, making it a part of the record, and transferring the pro-
ceeding to the Board for the purpose of entry of a decision and order
by the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, The Afro-American Company, is a Maryland cor-
poration with its principal place of business in Baltimore, Maryland.
It also maintains branch offices in Washington, D. C., and Philadel-
phia, Pennsylvania. The respondent's capital stock consists of 700
shares, all but 6 of which are owned by its directors, Carl Murphy,
D. Arnett Murphy, John H. Murphy, Jr., George B. Murphy, and
Eva S. Purdy. The respondent is engaged in publishing a news-
paper in Baltimore, Washington, and Philadelphia. All the paper
used by the respondent is shipped to Baltimore from the Dominion
of Canada. Advertising is solicited by employees of the respondent
and national newspaper representatives in other cities of the United
States. Approximately one-half of the advertising is received by the
respondent from States other than Maryland. The respondent is a
1204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD '
member of the Associated Negro Press and the National News Serv-
ice, which are engaged in the collection and dissemination of news by
wire and by other means throughout the United States. The cir-
culation of the respondent's newspaper amounts to approximately
85,000 copies, 65,000 of which are shipped to destinations outside the
State of Maryland. The respondent admits that it is engaged in
interstate commerce within the meaning of Section 2 (6) of the Act.
We find that -the above-described operations of the respondent con-
stitute and at all times herein mentioned have constituted a con-
tinuous flow of trade, traffic, and commerce among the several States
and with the Dominion of Canada.
ORDER
Upon the basis of the above findings of fact, stipulation, and the
entire record in the case, and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent, The Afro-American Company,
Baltimore, Maryland, its officers, agents, successors, and assigns, shall:
1. Cease and desist :
(a) From in any manner discouraging membership in the Balti-
more Newspaper Guild or any other labor organization by laying off,
discharging, or refusing to reinstate, or otherwise discriminating
against its employees in regard to hire or tenure of employment or any
term or condition of employment;
(b) From in any other 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 representatives of their own choosing, and to engage in con-
certed activities for the purpose 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 Samuel Snowden immediate and full reinstatement to
his former or equivalent position, -without prejudice to his seniority
and other rights and privileges ;
(b) Make whole Samuel Snowden for any loss of pay he has suffered
by reason of the respondent's discrimination in regard to the terms and
conditions or hire and tenure of his employment by payment to him
of a sum of money equal to that which he would normally have earned
as wages from the date of his discharge to the date of such offer of
reinstatement, less his net earnings during said period, which sum
amounts to $690.00;
THE AFRO-AMERICAN COMPANY ET AL . 1205
(c) Immediately post notices in conspicuous places throughout its
plants at Baltimore, Maryland, and Washington, D. C., and maintain
such notices for a period of sixty (60) consecutive days from the date
of such posting, stating that the respondent will cease and desist in
the manner aforesaid;
(d) Notify the Regional Director for the Fifth Region in writing
within ten (10) days from the date of this Order what steps the re-
spondent has taken to comply herewith.
164275-39-vol xi-77