222 N.L.R.B. 1162 (N.L.R.B. 1976)

The Herald-News

National Labor Relations Board - Board DecisionsFeb 27, 1976

222 N.L.R.B. 1162 (N.L.R.B. 1976)

1162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Passaic Daily News t/a The Herald-News and Newark Pressmen 's Union Local 8 a/w Internation- al Printing and Graphic Communications Union, AFL-CIO and Passaic Typographical Union No. 178 a/w International Typographical Union, AFL- CIO, Party to the Contract The Passaic Daily News t/a The Herald-News and Graphic Arts International Union Local 205, AFL- CIO and Passaic Typographical Union No. 178 a/w International Typographical Union , AFL-CIO, Par- ty to the Contract Passaic Typographical Union No. 178 a/w Interna- tional Typographical Union , AFL-CIO and Newark Pressmen 's Union Local 8 a/w International Print- ing and Graphic Communications Union , AFL-CIO and The Passaic Daily News t/a The Herald-News, Party to the Contract . Cases ' 22-CA-6172, 22-CA-6173, 22-CA-6202, and 22-CB-2890 February 27, 1976 DECISION AND ORDER By CHAIRMAN MURPHY AND MEMBERS FANNING AND JENKINS On October 16, 1975, Administrative Law Judge Richard L. Denison issued the attached Decision in this proceeding. Thereafter, Respondents, the Passaic Daily News and Passaic Typographical Union No. 178, filed exceptions and a supporting brief. 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 Board has considered the record and the at- tached Decision in light of the exceptions and brief and has decided to affirm the rulings, findings, and conclusions I of the Administrative Law Judge, as modified herein. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board adopts as its Order the recommended Order of the Administrative Law Judge as modified below and hereby orders that Respondent, The Pas- saic Daily News t/a The Herald-News, Passaic, New Jersey, its officers, agents, successors, and assigns, and Respondent, Passaic Typographical Union No. 178 a/w International Typographical Union, AFL- CIO, its officers, agents, and representatives, shall take the action set forth in said recommended Order, as so modified: 1. Substitute the following for paragraph A,2(b): "(b) Jointly and severally with the Passaic Typo- graphical Union No. 178 reimburse with interest those' employees who were formerly performing ste- reotyping and photoengraving functions who joined and paid money into said Union as a result of the union-security clause, in the aforesaid contract, for all union initiation fees, dues, and other moneys paid or checked off pursuant to the aforesaid contract and checkoff authorizations." 2. Substitute the following for paragraph B,2(a): "(a) Jointly and severally with The Herald-News reimburse with interest those employees who were formerly performing stereotyping and photoengrav- ing functions who joined and paid money into said Union as a result of the union-security clause in the contract between The Herald-News and the Passaic Typographical Union No. 178, for all union initia- tion fees, dues, and other moneys paid or checked off pursuant to said contract and checkoff authoriza- tions." 3. Substitute the attached notices for those of the Administrative Law Judge. i Respondents have taken exceptions to the Administrative Law Judge's decision only to the extent that he has ordered reimbursement of dues for all employees. Respondents contend , and we agree , that the record herein shows that only the seven former stereotype and five photoengraving em- ployees were in any way coerced into joining Respondent Union In these circumstances , it would be beyond the scope of the evidence as well as the findings to extend the Administrative Law Judge 's reimbursement order to the approximately 80 former members of Respondent Union , and we shall therefore amend the recommended Order and notice accordingly See Local 60, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, et a! [Mechanical Handling Systems] v N L.R B, 365 U.S 651 (1961). APPENDIX A NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board having found, after a hearing, that we violated the National Labor Relations Act: WE WILL NOT assist or support Passaic Typo- graphical Union No. 178 a/w International Ty- pographical Union, AFL-CIO, or any other la- bor organization, except as authorized by Section 8(a)(3) of the Act. WE WILL NOT recognize Passaic Typographical Union No. 178 as the exclusive representative of employees engaged in composing, camera, and NAPP platemaking functions, unless and until said labor organization is duly certified by the Board as the representative of such employees. WE WILL NOT give effect to any agreement or arrangement with Passaic Typographical Union 222 NLRB No. â€¢185 THE PASSAIC DAILY NEWS No. 178 granting recognition to the Typographi- cal Union as the exclusive collective-bargaining representative of the above-described employ- ees, nor to any extensions, renewals, modifica- tions, or supplements thereof, unless and until the Typographical Union is duly certified by the Board as the representative of the above-de- scribed employees. WE WILL NOT interrogate employees as to their support for the Graphic Arts International Union, Local 205, AFL-CIO, or any other labor organization. - WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employees in the exercise of the right to self-organization, to form labor organizations, to join or assist the Newark Pressmen's Union Local 8, a/w Interna- tional Printing & Graphic Communications Union, AFL-CIO; Graphic Arts International Union, Local 205, AFL-CIO, or any other labor organization, to bargain collectively with repre- sentatives of their own choosing, and to engage in any other concerted activity for the purpose of collective bargaining or other mutual aid or protection or to refrain from any or all such ac- tivities. WE WILL withdraw and withhold recognition from Passaic Typographical Union No. 178 as representatives of the employees engaged in composing, camera, and NAPP platemaking functions for the purpose of dealing with us con- cerning grievances, labor disputes, Wages, rates of pay, hours of employment, or other condi- tions of employment unless or until said Union is duly certified as such representative by the Board. Moreover, we shall not vary or abandon the wages, hours, and conditions of employment now in effect for employees performing compos- ing, camera, and NAPP platemaking functions under our present contract with Passaic Typo- graphical Union No. 178, nor will we prejudice the assertion by any employees performing said functions of any rights or privileges they may have acquired by reason of the application of our said agreement. WE WILL jointly and severally with Passaic Ty- pographical Union No. 178 reimburse with in- terest all employees formerly engaged in stereo- typing and photoengraving for all union initiation fees, dues, and other moneys paid or checked off to Passaic Typographical Union No. 178. THE PASSAIC DAILY NEWS, t/a THE HERALD NEWS APPENDIX B 1163 NOTICE To MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board having found, after a hearing, that we violated the National Labor Relations Act: WE WILL NOT act as the exclusive bargaining representative of employees engaged in compos- ing, camera, and NAPP platemaking functions at the Passaic Daily News t/a The Herald-News, unless and until we have demonstrated our ex- clusive majority representative status in an elec- tion among said employees conducted by the National Labor Relations Board. WE WILL NOT give effect to or request or re- quire The Herald-News to give effect to our col- lective-bargaining agreement dated September 20, 1974, as applied to employees engaged in such functions. WE WILL NOT threaten employees with dis- charge should they fail to join our local within 30 days after employment. WE WILL NOT in any other manner restrain or coerce employees of The Herald-News engaged in the above-named functions in the exercise of their rights guaranteed under Section 7 of the National Labor Relations Act. WE WILL jointly and severally with The Her- ald-News reimburse with interest the employees formerly engaged in stereotyping and photoen- graving at The Herald-News, all fees, dues, or other moneys paid or checked off to us pursuant to the collective-bargaining agreement executed on September 20, 1974. , PASSAIC TYPOGRAPHICAL UNION No. 178 a/w INTERNATIONAL TYPOGRAPHICAL UNION, AFL-CIO DECISION STATEMENT OF THE CASE RICHARD L. DENISON, Administrative Law Judge: This consolidated proceeding was tried before me at Newark, New Jersey, on April 21, 22, and 23, 1975, upon a com- plamt issued February 24, 1975. As amended at the hear- ing, the complaint, based on charges filed on December 11, 1974, January 3, 1975, and February 7, 1975 , alleges that The Passaic Daily News t/a The Herald-News I violated 1 Hereafter referred to as Respondent-Employer 1164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Section 8(a)(1) and (2) of the Act by executing a collective- bargaining agreement, containing a union-security clause, with Passaic Typographical Union No. 178 a/w Interna- tional Typographical Union, AFL-CIO,2 which prema- turely recognized the ITU as exclusive collective-bargain- ing representative for a new unit which had not yet come into existence, and which granted such exclusive recogni- tion with respect to all employees performing composing, camera, and NAPP plate functions at a time when a ques- tion concerning representation was pending. It is further alleged that the inclusion of the union-security clause in the contract under the circumstances presented here violat- ed Section 8(a)(3) and (1) and 8(b)(1)(A) and (2) of the Act. Finally, it is alleged that Respondent-Employer urged an employee not to sign a union authorization card and inter- rogated an employee concerning who had signed cards in violation of Section 8(a)(1), and that the ITU threatened to enforce the unlawful union-security clause in the agree- ment, in violation of Section 8(b)(1)(A). The General Counsel's case is essentially based on the doctrine enunciated in Midwest Piping Supply Co., Inc., 63 NLRB 1060, and upon Newspaper Agency Corp., 201 NLRB 480 (1973), which latter case General Counsel urges is so similar factually to this case as to be controlling. Respondents deny having engaged in any unfair labor practices, and argue that, aside from the few credibility issues presented by the evidence introduced concerning threats and interrogation under Section 8(a)(1) and 8(b)(1)(A), the General Counsel has failed to establish a prima facie case concerning the alleged violations of Sec- tion 8(a)(2), (3), and 8(b)(2). Respondent-Employer urges that the charges are barred by the 6-month limitation of Section 10(b), that no evidence was presented that the ITU was not the majority representative, and that the work was properly assigned within the jurisdiction of the ITU. The ITU argues that it did represent a majority of the employ- ees in question. Respondents further contend that no real question concerning representation exists with respect to the rival unions, the Charging Parties, Newark Pressmen's Union Local 8 a/w International Printing and Graphic Communications Union, AFL-CIO,3 and Graphic Arts In- ternational Union Local 205, AFL-CIO.' Respondents fi- nally argue that the Newspaper Agency case is not applica- ble here, and that the Company did not extend recognition prematurely to the ITU. Counsel for General Counsel, Respondents, and the Charging Parties filed briefs which have been carefully considered. Upon the entire record, including my observation of the witnesses, I make the following: FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT-EMPLOYER Respondent-Employer, a New Jersey corporation with 2 Hereafter referred to as the ITU. 3 Hereafter referred to as the Pressmen. 4 Hereafter referred to as the GAIU its principal office and place of business at 988 Main Ave- nue, Passaic, New Jersey, is engaged in the publishing, sale, and distribution of a newspaper, The Herald-News. During the preceding 12 months, a representative period, Respon- dent-Employer subscribed to various interstate news serv- ices, including, inter alia, the Associated Press; published various syndicated features; advertised various nationally sold products; and received gross revenue from its pub- lishing operations in excess of $200,000. Respondent-Em- ployer admits and I find that it is engaged in commerce within the meaning of Section 2(6) and (7) of the Act. H. THE LABOR ORGANIZATIONS INVOLVED Respondent ITU, and Charging Parties, the Pressmen and the GAIU , each are admittedly labor organizations within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES A. The Company's Conversion from "Hot Type" to "Cold Type" and a Description of these Processes The facts of this case are, for the most part, not in dis- pute. The problem presented here arises from the Respon- dent-Employer's conversion from the "hot type" to the "cold type" process, a trend which has been prevalent in the industry during the past 10 to 15 years. Under the hot type process, news copy and advertise- ments were sent to the composing room where lines of lead type were produced by linotype machines. Photographs or other illustration were sent out to an independent contrac- tor to be reproduced on a zinc plate. Some illustrations for ads were received by the Company in the form of an im- pression on a cardboard mat which the stereotype depart- ment used to produce a flat lead casting of the ad. The solid lead plate bearing the impression of the ad was then routed, removing the areas of metal not to be printed. Each ad was then cut from the plate and sent to the composing room, where the hnotype produced lead characters were inserted in both the lead plates and the zinc plates returned to the outside contractor. The news copy, photographs, il- lustrations, and ads were then assembled in a chase in the final format of a newspaper page and conveyed to the ste- reotype department. There a mat impression was made of the page by means of pressing a mat against the surface of the page with a roller. After mat was removed the areas not to be printed were packed for support with cardboard strips by three to four stereotypers, and the moistened plia- ble mat was dried into a curved form on a "sta-hi" ma- chine. The mat was then ready for use in making a curved lead plate which, when trimmed, beveled, and smoothed by the stereotypers, was sent to the pressroom to be mounted on the press. The use of color required the production of a separate plate containing only the colored portion, and an- other plate for the black and white portion. The hot type process was utilized by The Herald-News until about 3 years ago with only two major changes, one of which oc- curred about 10 years ago when the Company ceased using manually operated linotype machines and began using Li- notype machines operated by a prepunched tape, reminis- THE PASSAIC DAILY NEWS 1165 cent of a player piano. Also about 5 years ago a computer was introduced by which the margins of the column were adjusted evenly, or "justified," automatically. Respondent-Employer's conversion to the cold type pro- cess was accomplished in stages beginning in the fall of 1971 with its production of ads. Under this process, adver- tising material sent to the composing room was first coded for size and width of type following which punch tape computer directed photocomposition machine reproduced the ad on strips of photosensitive paper. The paper strips were then affixed by wax onto a paperbacking according to the format or layout submitted by the advertiser, includ- ing, if desired, cutout illustrations which might be acquired from any available source. Since the hot type process was still being utilized by Respondent-Employer to produce the other portions of the newspaper, a photoengraving depart- ment was established in September 1972 in the basement of the plant. Here, cold type advertising material from the main floor composing room upstairs was converted for use in the hot type page. After photographing a group of ads, the negative was developed in the darkroom using a log-E processor. Following inspection, the negative was then used to transfer a latent image onto a magnesium plate. The plate was then machine washed in a ball pro- cessor, and placed in an etcher, where an acid bath re- moved the undesired metal, creating an image. Different camera techniques made possible either shadings in black and white ads, or the use of color. Each ad was then cut from the plate on a guillotine, after which the separated ads were sent to the composing room where they were mounted and inserted into a hot type page. These photoen- graving procedures replaced the work, including that in- volving news photographs, formerly performed by the out- side engraving contractor, and by the end of 1974 gradually replaced the flat casting operation in the stereo- type department. In late 1973 or the beginning of 1974 The Herald-News slowly began to produce pages by the cold type process, beginning with the classified pages. A photomechanical machine operated by a tape and computer printed editorial copy on photosensitive paper. The cold type ads and edito- rial matter were now affixed or "pasted up" in the compos- ing room onto a full page size sheet of paper, and sent to the photoengraving department where a print called a ve- lox was made. The velox was next affixed or "pasted up," in the composing room, to a paperbacking along with news copy to compose a full page. The pasteup then went to the photoengraving department where the camera produced a negative of the page. The negative was used to make a magnesium plate, which, in turn, produced a mat and a curved lead plate in the stereotype department. In late 1973 Respondent-Employer decided to introduce NAPP platemaking equipment and executed contracts for the purchase of this equipment, the use of which would require a cold type operation. However, a combination of hot type and cold type processes, as described earlier, con- tinued to be used until September 1974. On October 22, 1974, the Company installed NAPP equipment in the ste- reotype department. Using this equipment, the negative of the page sized pasteup was used to transfer an image onto the photosensitive plastic-coated NAPP plate. The image was then developed by washing off the unexposed plastic in a chemical bath. When the NAPP process was first used the plastic plate was used to make a mat , and the mat in turn to make a curved - lead plate utilizing what had been heretofore standard stereotype methods, as described above . On December 10 the Company began using NAPP plates of a greater thickness, which eliminated the need for a mat and in turn a lead plate , thereby enabling the NAPP plate itself to be used on the press. B. The Effect of the Process Change on the Company's Organizational Structure, and its Employees and their Work Direct NAPP plate printing eliminated the stereotype functions of mat rolling, curving and drying, and casting.5 The only equipment in the former stereotype department, as of the date of the hearing, were two tables and the new NAPP equipment. Respondent-Employer sent the stereo- type department and photoengraving department supervi- sors, and the assistant supervisors from the composing and photoengraving departments, to a training course on the NAPP equipment, following which they trained approxi- mately 12 employees selected from all three of these de- partments. Thus, four of the seven stereotype department employees were transferred to new jobs operating NAPP equipment in the composing room. Five composing room employees also operate this equipment as needed accord- mg to the work flow. Under this arrangement employees are moved regularly between NAPP and composing work. The institution of NAPP equipment also resulted in the elimination of etching and engraving work and equipment. Since after December 1974 only veloxes of pasted-up mate- rial (as a step toward producing NAPP plates) were being made in this department, by use of the camera process described above in subsection A, this department has be- come the camera department. Pursuant to this change, two former photoengravers were sent to work in the composing room, six to seven camera department employees to spend their entire shift performing camera functions, and approx- imately five composing room employees to he continuously shifted back and forth between the camera department and the composing room, as needed.6 It is expected that these arrangements will provide the necessary flexibility, through continuous interchange, to insure an efficient work flow in spite of illnesses, vacations, and other emergencies. At the time of the hearing in this case further adjustments were planned to insure efficiency in operations. The cameras and log-E processor was to be removed from the basement, and one camera and a processor will be located in the former stereotype department area, while the other camera and recently purchased processor will be in the composing 5 These functions had always been performed exclusively by stereotype employees represented by the Pressmen, while NAPP equipment was oper- ated both by composing room employees represented by the ITU and the stereotype department employees 6 t credit the testimony of camera department employee Robert Mitchell that it took at least 1 1/2 years of training for him to become competent on all phases of camera work Mitchell's testimony was much more precise and detailed than that of Production Manager Luyendyk who estimated the training period to be 3 months, but who admittedly was beyond the scope of his expertise in testifying about the intricacies of camera work 1166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD room. The Company's supervisory structure is being re- vamped to conform with the realignment of functions for the new process. Whereas the former, stereotype depart- ment supervisor and the photoengraving supervisor did not report to the general foreman of the composing room, the camera department supervisor .and the NAPP equipment supervisor will report to him. C. Events Directly Related to the Alleged Unlawful Conduct Prior to the institution of NAPP equipment in December 1974 7 and the elimination of the stereotype and photoen- graving departments, the production phase of The Herald- News, consisted of three departments. The composing de- partment had a complement of about 80 employees repre- sented by the ITU. There were seven employees in the stereotype department represented by the Pressmen.8 The five photoengraving department employees were unrepre- sented. Although the last contract the Pressmen had with The Herald-News expired March 15, the Pressmen bargained with the Company until October 23, while, as agreed, the terms of the expired agreement remained in effect. Mean- while, on August 1, at a meeting with the stereotype em- ployees, Company Business Manager Charles West stated that since the jurisdiction over platemaking had been given to the ITU some of the men would be transferred into the composing room and some into the camera room. He reas- sured the men that the 1972 "letter of agreement," 9 guar- anteeing that no regular situation holder would lose em- ployment as a result of the introduction of new processes, would be honored. West closed his remarks by stating that the Company had no choice in this decision because the ITU had a gun to their head.10 Also during August Luyendyk told Photoengraving Su- pervisor Dan McGeehan that several of McGeehan's em- ployees had either been approached or signed cards for the engravers' union. According to McGeehan, later that day he reported what Luyendyk had said to Thomas Betz, a photoengraver. McGeehan also told Betz he would proba- bly be approached by the photoengravers, but not to sign a card for them. Betz replied that he had already signed. McGeehan then asked who had signed and Betz answered that everyone had sighed except Phil Newfield and Don Cattoge.l The day and the night-shift photoengraving employees met separately in August with Luyendyk who talked about the ITU negotiations. At the day-shift meeting Luyendyk told those present that the Company was planning on mak- ing their department and the composing room one opera- ' Hereafter in this Decision all dates are in 1974 unless otherwise speci- fied. 8 On August 20, 1974, Stereotyper Local 18 merged with the Pressmen who henceforth represented these employees. 9 G C Exh.5 10 The findings concerning this meeting are based on the - unchallenged testimony of stereotype department employee George W Shown. n McGeehan denied saying anything more than that he had heard that everyone had signed cards for the photoengravers , whereupon Betz volun- teered that everyone had signed except the foremen. McGeehan admitted reporting Betz ' response back to Luyendyk. I credit Betz' version that he was questioned. - tion. Then Assistant Supervisor Don Cattoge asked, "Would- we join?" Luyendyk answered, "Yes." At the night-shift meeting the same question was asked, and the answer by Luyendyk was, "More or less, yes." 12 On September 11 a notice of hearing issued in Case 22-RC-6185, based upon a petition filed by the GAIU on August 26, seeking -to represent "all production and main- tenance employees engaged in the process of photoengrav- ing and/or platemaking .... " 13 On September 20 Re- spondent-Employer signed a collective-bargaining agreement with the ITU recognizing ITU as the exclusive representative for all employees performing composing room, camera, postcamera, darkroom, and negative prepa- ration work, including the preparation of NAPP plates. The agreement also contained a union-security clause re- quiring all employees performing functions covered by the contract to join ITU within 30 days from their date of hire or transfer into the unit. On December 19 Production Manager Luyendyk wrote the following letter to the Press- men: Please be advised that as of December 24, 1974, at the end of the day shift, The Herald-News will cease making mats and casting stereotype plates therefrom. As of that date, therefore, the stereotype unit will cease to exist. All those formerly employed in this unit will be transferred to the new merged production unit and will be re-trained in various production areas. Al- though the collective bargaining agreement between The Herald-News and Newark Stereotypers Union was terminated, the parties have continued to abide by its terms and conditions since its expiration on March 15, 1974. Since there will no longer be any employees employed within the unit covered by this contract, whatever force and effect it had during the interim period since March 15, 1974, will terminate on the date specified above. In view of the foregoing, on and after December 25, 1974 we no longer require the ste- reotypers' functions, nor will we need or be responsi- ble for paying substitute stereotype employees. As we look back upon the many years of mutually satisfactory relations with the stereotypers and their collective bargaming representative, we- take satisfac- tion in the knowledge that_ the changes to which we have referred will not result in the loss of employment for any of our regular situation holders. On or about December 27, all former stereotype workers received a letter similar to the following:` i2 Luyendyk testified that he told both shifts that the ITU had been given jurisdiction over the camera department , and- that he expected the ITU would try to enforce the clause in the contract requiring anyone that worked within the ITU's jurisdiction to join, but denied saying the men would have to join ITU Luyendyk testified that he evaded the question I credit the testimony of Thomas Betz and Robert Mitchell that Luyendyk affirmed they would have to join ITU 1 It is noted that under a long-established Board procedure, a notice of hearing issues only after an administrative investigation of, inter aka, the petitioner's showing of interest (usually submitted in the form of signed authorization cards) and a determination that 30 percent of the employees have signified a desire to be represented by the petitioner - 14 As stipulated at the hearing. THE PASSAIC DAILY NEWS 1167 Mr. George W. Shown Sr. 8 Elmwood Drive , - Milltown,, N.J. 08850 Dear Mr. Shown: You are now performing composing room work over which the Passaic Typographical Local 178 has work jurisdiction. Under- our Contract, you must join our Union within 30 days or face discharge. This is to give you notice that unless you do join our Union within 30 days -after December 18, 1974, we shall request of the employer that you be discharged Andrew J. Sova, President Passaic Typographical Union # 178 D. Conclusions I find and conclude, as alleged in the complaint, that by executing a collective-bargaining agreement on September 20, 1974, recognizing the ITU,- as the exclusive collective- bargaining representative at a time when the GAIU's Au- gust 26 representation petition was pending, and when the stereotype department represented by the Pressmen was still functioning, Respondent-Employer violated Section 8(a)(1) and (2) of the Act. The- Board has long ago estab- lished the principle that in the face of conflicting, claims by rival- unions an employer must maintain strict neutrality.15 The foundation of this principle is the cornerstone theme of the Act itself; that employees have the right to -choose their own representative in an-atmosphere free from inter- ference, and that the Board; through the procedures estab- lished in Section 9, provides the proper means for resolving questions concerning representation. It is clear that this principle of free choice was trodden underfoot here in an effort by Respondent-Employer to efficiently modernize its operations. I reject Respondents' arguments that the Gen- eral Counsel was required (and failed) to prove the ITU was not the majority union, and that the claims of the Pressmen, and the GAIU do-not raise a real question con- cerning representation within the technical definition of that term. The General Counsel is not required to establish the existence or the lack of a majority status by any labor organization in a proceeding raising such issues as are pre- sented here. He indeed must prove that exclusive recogni- tion was granted where a real question of representation exists. This standard has been met. The Board has often stated that a rival claim is sufficient to raise a real question concerning representation if it is not clearly unsupportable or specious, or otherwise not a colorable claim. American Can Company, 218 NLRB No. 17 (1975); The Boy's Mar- kets, Inc., 156 NLRB 105, 107 (1965). As of September 20, before the introduction of NAPP, the Pressmen were still the lawful exclusive collective-bargaining representative of the employees in the still functioning stereotype depart- ment. Although their collective-bargaining agreement with The Herald-News had expired on March 15, its terms were still in effect pending negotiations which continued until October 23. Furthermore, there is no requirement that a 15 Midwest Piping & Supply Co., 63 NLRB 43. numerical percentage be established as a condition prece- dent to raising a question concerning- -representation in such cases . Playskool, Inc., 195 =NLRB 560 (1972). Thus, here, the representation petition filed by the GAIU on Au- gust 26 and noticed for hearing on September 11, following an administrative determination that it was supported by a 30-percent showing of interest, is under Board precedent clearly adequate to raise a real question concerning repre- sentation. Suburban Transit Corp., 203 NLRB 465, 468 (1973). I also find, apart from -the above considerations, Re- spondent-Employer violated Section 8(a)(1) and (2) by ex- tending recognition prematurely to the ITU for a new unit which had not yet fully come into existence, as alleged in paragraph 17A and B of the complaint, as amended. I must agree with the General Counsel's contention that -the case of Newspaper Agency Corporation, 201 NLRB 480 (1973), presents a fact situation obviously sunilar to the chain of circumstances before me now. In comparing that case with this one I find Respondents' efforts to distinguish Newspa- per Agency unpersuasive. Like Newspaper Agency, The Herald-News became caught up-in the organizational and labor relations problems which arose in the context of a modernization program of converting from the "hot type" to the "cold type" process. The result will be a complete departmental and supervisory realignment, accomplished by, the melding of job functions, and the creation of new functions which for the sake of operational, efficiency nec- essarily cross traditional craft lines-The changes, described in detail earlier in this Decision, required interchange among employees performing NAPP, camera, and com- posing room work, where previously -departmental inter- change had not existed. The stereotype and photoengrav- ing departments were eliminated, and various employees had to undergo additional training to enable them to per- form their new duties and the Employer to honor its guar- antee of work. The similarities between this case and News- paper Agency are indeed striking, as the General Counsel argues. Likewise, I reject Respondents' arguments that this case is significantly distinguishable from Newspaper Agency because -here the new unit had come into existence and in Newspaper Agency it had not. I note that even at the time of the hearing in this matter the Company still planned addi- tional transfers of employees and equipment to new areas coupled with a reorganization of the supervisory structure. These changes will result in a melding of old job functions, which continued to be performed, with new job functions requiring new skills. A substantial degree of versatility will be required in many of the job categories in the composing room (including NAPP functions) and the camera depart- ment. I therefore find that a "new merged production unit" will have been created by Respondent-Employer at the point at which all the described changes are completed and that former craft lines will have been obliterated. As in Newspaper Agency, here accretion principles are inapplica- ble. Although the ITU represents the largest segment of the employees in question, the mixing of the employees from the three departments renders it impossible to determine with certainty that a majority would select the ITU in an election. Under these circumstances, although Respon- dent-Employer could proceed with the conversion opera- 1168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions on a nondiscriminatory basis commensurate with its collective-bargaining obligations, it acted unlawfully when it usurped the function of Section 9 of the Act and chose the ITU as exclusive bargaining representative for the "new merged production unit" evolving, as referred to in its December 19 letter. Since the collective-bargaining agreement between The Herald-News and the ITU, contained a union-security clause, I further find that Respondent-Employer violated Section 8(a)(3) and (1), and the Respondent-Union ITU violated Section 8(b)(1)(A) and (2) of the Act by signing this agreement and informing stereotype and photoengrav- ing employees it applied to them, including the union-se- curity provision which would be enforced. Finally, I find that Supervisor Don McGeehan's interro- gation of Thomas Betz concerning who had signed authori- zation cards for the photoengravers also violated Section 8(a)(1) of the Act.16 CONCLUSIONS OF LAW 1. Respondent-Employer is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Passaic Typographical Union No. 178 a/w Interna- tional Typographical Union, AFL-CIO; Newark Pressmen's Union Local 8 a/w International Printing and Graphic Communications Union, AFL-CIO; and Graphic Arts International Union, Local 205, AFL-CIO, are labor organizations within the meaning of Section 2(5) of the Act. 3. By entering into a collective-bargaining agreement with the ITU, containing a union-security provision, on September 20, 1974; by informing photoengraving and ste- reotype employees that the agreement would apply to them; and by interrogating an employee about his and others' union activities; Respondent-Employer engaged in unfair labor practices within the meaning of Section 8(a)(1), (2), and (3) of the Act. 4. By entering into a collective-bargaining agreement with Respondent-Employer containing a union-security provision; and by threatening employees with enforcement of that provision and discharge if they failed to become members; the Respondent-Union, ITU, has engaged in un- fair labor practices within the meaning of Section 8(b)(1)(A) and (2) of the Act. 5. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Sec- tion 2(6) and (7) of the Act. THE REMEDY It having been found that Respondent-Employer violat- ed Section 8(a)(1), (2), and (3) of the Act, I shall recom- mend that it cease and desist therefrom , and take certain affirmative action designed to effectuate the purposes of 16I also find Respondents' contention, that all violations alleged are barred by operation of the limitation of Section 10(b) of the Act, lacks merit since the record shows all conduct found to be violative occurred within the 10(b) period. the Act. Therefore, it is recommended that Respondent- Employer withdraw and withhold all recognition from Pas- saic Typographical Union No. 178 as representative of the employees who perform composing, camera, and NAPP platemaking functions until and unless said labor organiza- tion is duly certified as representative of these employees by the Board; and that Respondent-Employer cease giving effect to the contract which it executed with the ITU or to any extension, modification, or renewal thereof, with the understanding that nothing in my recommended Order shall be construed as requiring or permitting the varying or abandoning of wages, hours, seniority, or other employee rights and privileges contained in the contract. I shall fur- ther recommend that Respondent-Employer, jointly and severally with the ITU, reimburse employees performing composing, camera, and NAPP platemaking functions, in- cluding former employees, for all union initiation fees, dues, and other moneys paid or checked off pursuant to the aforesaid contract and checkoff authorizations. 17 Concerning Respondent-Union, ITU, found herein to have violated Section 8(b)(1)(A) and (2) of the Act, I shall recommend that it cease and desist from violating the Act by acting as exclusive bargaining agent for the employees of The Herald-News performing composing, camera, and NAPP platemaking functions unless or until it shall be cer- tified as the exclusive collective-bargaining representative of these employees; by giving effect to or requesting or requiring The Herald-News to give effect to the collective- bargaining agreement executed September 20, 1974, with ITU; or by in any other manner restraining and coercing employees of The Herald-News in the exercise of their rights guaranteed in Section 7 of the Act. I shall recom- mend that the Respondent Union, ITU, jointly and sever- ally with the Respondent-Employer, reimburse the employ- ees performing composing, camera, and NAPP platemaking functions for all union initiation fees, dues, and other moneys paid or checked off pursuant to the con- tract.18 It will also be recommended that Respondents post appropriate notices Upon the foregoing findings of fact, conclusions of law, and the entire record, and pursuant to Section 10(c) of the Act, I hereby issue the following recommended: ORDER l9 A. Respondent, The Passaic Daily News t/a The Her- ald-News, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Assisting or supporting Passaic Typographical 17 In accordance with Board policy, there shall be an allowance of interest at the rate of 6 percent per annum added to the sum due each employee or former employee, computed on the basis of separate calendar quarters with interest to begin running as of the last day of the calendar quarter, for initiation fees, dues, and other moneys exacted or due in that calendar quarter, until compliance with the reimbursement order is achieved, Salmirs Oil Co. 139 NLRB 25, 27 (1962). is See fn 17. 19 In the event no exceptions are filed as provided by Sec 102 46 of the Rules and Regulations of the National Labor Relations Board, the findings, conclusions, and recommended Order herein shall, as provided in Sec 102 48 of the Rules and Regulations, be adopted by the Board and become its findings, conclusions, and Order, and all objections thereto shall be deemed waived for all purposes THE PASSAIC DAILY NEWS 1169 Union No. 178, International Typographical Union, AFL- CIO, or any labor organization, except as authorized by Section 8(a)(3) of the Act. (b) Recognizing Passaic Typographical Union No. 178 as the exclusive representative of the employees performing composing, camera, and NAPP platemaking functions, un- less and until said organization shall have been duly certi- fied by the Board as the representative of such employees. (c) Giving any force or effect to the collective-bargain- ing agreement executed with the above-named labor orga- nization on September 20, 1974, or to any modification, extension, renewal, or supplement thereof, unless and until said labor organization has been duly certified by the Board as the representative of the employees performing the above-named functions. Respondent, however, shall not be required to vary or abandon the wages, hours, and conditions of employment now in effect under the terms of said contract. Nothing in this Order shall be deemed to prejudice the assertion by said employees of any rights or privileges they may have acquired by reason of the applica- tion of the aforesaid contract. (d) Interrogating employees as to their support for the Graphic Arts International Union, Local 205, AFL-CIO, or any other labor organization. (e) In any like or related manner interfering with, re- straining, or coercing its employees in the exercise of the right to self-organization, to form a labor organization, to join or assist the Newark Pressmen's Union Local 8 a/w International Printing and Graphic Communications Union, AFL-CIO, or the Graphic Arts International Union, Local 205, AFL-CIO, or any other labor organiza- tion, to bargain collectively through representatives of their own choosing and to engage in any other concerted activi- ties for the purpose of collective bargaining or other mutu- al aid or protection, or to refrain from any or all such activities except to the extent that such right may be affect- ed by an agreement requiring such membership in a labor organization as authorized by Section 8(a)(3) of the Act. 2. Take the following affirmative action designed to ef- fectuate the policies of the Act: (a) Withdraw and withhold all recognition from Passaic Typographical Union No. 178 as representative of the em- ployees who perform composing, camera, and NAPP platemaking functions, for the purpose of dealing with the Respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment of said employees, until and unless said labor organization is duly certified as the representative of said employees by the Board. (b) Jointly and severally with the Passaic Typographical Union No. 178 reimburse with interest employees perform- ing composing, camera, and NAPP platemaking functions, including former employees, for all union initiation fees, dues, and other moneys paid or check off pursuant to the aforesaid contract and checkoff authorizations. (c) Preserve and, upon request, make available to the Board and its agents, for examination and copying, all rec- ords concerning payroll, personnel, timecards, disburse- ments, and all other records necessary to ascertain the reimbursement of union fees and dues owed under the terms of this Order. (d) Post at its Passaic, New Jersey, facility, copies of the attached notice marked "Appendix A." 20 Copies of said notice to be furnished by the Regional Director for Region 22, shall, after being duly signed by a representative of Respondent, be posted by the Respondent and be main- tained by it for 60 consecutive days thereafter, in conspicu- ous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to insure that notices are not altered, de- faced, or covered by other material. (e) Deliver or mail forthwith to the Regional Director additional signed copies of notice marked "Appendix A," as provided in the preceding paragraph, for posting by the Passaic Typographical Union No. 178 at its business of- fices and meeting halls in conspicuous places, including places where notices to members are customarily posted. (f) Post and maintain at the same place and under the same conditions provided in paragraph A 2(e) above, as soon as forwarded by the Regional Director, copies of the attached notice marked "Appendix B." (g) Notify the Regional Director for Region 22, in writ- ing, within 20 days after the date of receipt of this Deci- sion, what steps the Respondent has taken to comply here- with. B. Respondent, Passaic Typographical Union No. 178 a/w International Typographical Union, AFL-CIO, its of- ficers, agents, representatives, and assigns, shall: 1. Cease and desist from: (a) Acting as the exclusive bargaining representative for The Herald-News' employees performing composing, cam- era, and NAPP platemaking functions concerning griev- ances, labor disputes, wages, rates of pay, hours of employ- ment, or other conditions of employment, unless and until Passaic Typographical Union No. 178 is duly certified as the Representative of said employees by the Board. (b) Giving effect to or requesting or requiring The Her- ald-News to give effect to the collective-bargaining con- tract between Passaic Typographical Union No. 178 and The Herald-News. (c) In any other manner restraining or coercing employ- ees of The Herald-News in the exercise of their rights guar- anteed under Section 7 of the Act. 2. Take the following affirmative action which is neces- sary to effectuate the policies of the Act: (a) Jointly and severally with The Herald-News reim- burse with interest the employees performing composing, camera, and NAPP platemaking functions, including for- mer employees, for all union and initiation fees, dues, and any other moneys paid or checked off pursuant to the con- tract between The Herald-News and Passaic Typographi- cal Union No. 178. (b) Preserve and, upon request, make available to the Board and its agents, for examination and copying, all rec- ords necessary to ascertain what is owed in reimbursement of union fees, dues, and other moneys under the terms of this Order. 20 In the event that the Board's Order is enforced by a Judgment of a United States Court of Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board" shall read "Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board" 1170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Post in the Passaic Typographical Union No. 178 business offices and meeting halls, copies of the attached notice marked "Appendix B." 21 Immediately upon receipt of said notice , on forms to be provided by the Regional Director for Region 22, Passaic Typographical Union No. 178 shall cause the copies to be signed by one of its author- ized representatives and posted , the posted copies to be maintained for a period of 60 consecutive days thereafter, in conspicuous places, including all places where notices to members are customarily posted . Reasonable steps shall be taken by Passaic Typographical Union No. 178 to insure that said notices are not altered , defaced, or covered by any other material. (d) Deliver or mail forthwith to the Regional Director additional signed copies of the notice marked "Appendix B," as provided in the preceding paragraph, for posting by The Herald-News at its plant in Passaic, New Jersey, in conspicuous places, including all places where notices to employees are customarily posted. (e) Post and maintain at this same place and under the same conditions provided in paragraph B2(c) above as soon as forwarded by the Regional Director, copies of the attached notice marked "Appendix A." (f) Notify the Regional Director for Region 22, in writ- ing, within 20 days from the date of this Order, what steps Passaic Typographical Union No. 178 has taken to comply herewith. 21 See fn. 20.