Drovers Journal Publishing Co.

National Labor Relations Board - Board Decisions

Sep 25, 1939

15 N.L.R.B. 654 (N.L.R.B. 1939)

In the Matter of - DROVERS JOURNAL PUBLISHING COMPANY and
AMERICAN FEDERATION OF RADIO ARTISTS , CHICAGO LOCAL, AF-
FILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. C-1320.-Decided September 25, 1939
Publishing and Radio Broadcasting Industry-Settlement : stipulation provid-
ing for compliance with the Act, including reinstatement with back. pay as to
one person , back pay without reinstatement as to another person-Order:
entered on stipulation.
Mr. Hyman A. Schulson, for the Board.
Mr. Thomas P. Riordan, of Chicago, Ill., for the respondent..
Mr. Raymond Jones, of Chicago, Ill., for the Union.
Mr. Ray Johnson, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by American Fed-
eration of Radio Artists, Chicago Local, Affiliated With the American
Federation of Labor,. herein called the Union, the National Labor
Relations Board, herein called the Board, by the Regional Director
for the Thirteenth Region (Chicago, Illinois), issued its complaint
dated June 13, 1939, against Drovers Journal Publishing Company,
Chicago, Illinois, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices 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.
On June 13, 1939, a copy of the complaint and notice of hearing
thereon were duly served upon the respondent and upon the Union.
Concerning the unfair labor practices the complaint alleged, in sub-
stance, that on or about January 30, 1939, the respondent discharged
two of its employees, John Odell and Joseph Silver, and has since
refused to employ them for the reason that they joined and assisted
the Union and engaged in concerted activities with other employees
15 N. L. R. B., No. K.
654
DROVERS JOURNAL PUBLISHING COMPANY 655
of respondent for the purposes of collective bargaining and other
mutual aid and protection, and that respondent by these acts, and.by
interrogating its employees regarding their labor union affiliations,
and by other acts, interfered with, restrained, and coerced its
employees in the exercise of the rights guaranteed in Section 7 of
the Act.
On June 21, ' 1939, the ' respondent, the Union, and counsel for the
Board entered into a stipulation in settlement of the case. This
stipulation provides as follows :
STIPULATION AND AGREEMENT
IT- IS HEREBY STIPULATED AND AGREED by and. between Drovers
Journal Publishing Company, hereinafter called the respondent,
American Federation of Radio Artists, Chicago Local, Affiliated
With The American Federation of Labor, hereinafter called the
union, and Hyman A. Schulson, attorney, National Labor Re-
lations Board, that,
I
Upon charges- and amended charges duly filed by the union,
the National Labor = Relations Board, hereinafter called the
Board, by. G. L. Patterson, Regional Director for the Thirteenth
Region: (Chicago, Illinois), hereinafter called the Regional Di-
rector, acting pursuant to authority granted in the National
Labor Relations Act, 49 Stat: 449, hereinafter called the Act, and
in the. National Labor Relations Board Rules and Regulations,
.Series 1, as. amended, issued its Complaint against the respondent
alleging that the respondent had engaged in and was engaging
in certain unfair labor practices affecting commerce within the
meaning-of Section .8, Subdivisions (1) . and (3) and Section 2,
_-Subdivisions '(6) and (7) of the Act.. On, June 13, 1939; a..copy
of the Complaint, Notice of Hearing thereon, Amended Charges,
and National Labor Relations Board Rules and Regulations,
Series 1, as amended, hereinafter collectively called Board's Ex-
hibit No. 1, were. duly served upon the respondent ;and the
union. = . .
.-. II .
The respondent is and hasr.been since June 1906, a corporation
organized under and existing by virtue of the laws of the State
of, Illinois, having its principal office and place of business at
836 Exchange Avenue, Union Stock Yards, in the City of
Chicago, County of Cook, State of Illinois.
656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The respondent is now and at all times hereinafter mentioned
has been engaged at a place of business located at. 836 Exchange
Avenue,. Union Stock Yards, City of Chicago, County of : Cook,.
State of Illinois, in the general printing business and in the
printing, publication, and distribution of farm and livestock
newspapers, including the Chicago Daily Drovers Journal. The.
respondent also owns and operates, under a license from the-
Federal Communications Commission, a radio station under
the call letters WAAF, hereinafter called WAAF, with studios
on the 24th floor of the Palmer House in Chicago, Illinois, and
a transmitter at the Union Stock Yards, Chicago, Illinois.
IV
In the course and conduct of its business and in the operations
of WAAF, the respondent, during the period from June 1;
1938 to June 1, 1939, caused thirty five per cent (35%) of the
studio and transmitter equipment and records used by WAAF,.
valued at approximately Ten Thousand Dollars ($10,000.00),.
to be purchased and transported in interstate commerce from
and through States of the United States other than the State
of Illinois to WAAF in the State of Illinois. WAAF operates
with 1,000 watts' power on a frequency of 920 kilocycles. The
principal coverage of WAAF is a radius of approximately 100
miles from Chicago, Illinois.. The programs broadcast by -
WAAF have.been..detected..by...listeners.in.Statesother=than the
State of Illinois. The •respondent, in the course and conduct of
its business and in the operations of WAAF, is now and has
been continuously receiving and transmitting intelligence- from
and to States of the United States other than the State of
Illinois.
V
The respondent is engaged in interstate commerce within the
meaning of Section 2, Subdivisions (6) and (7) of the Act and
the decisions of the United States Supreme Court thereunder.
VI
The union is a labor-organization as-defined, in Section .2^ Sub-
division (5) of the Act.
DROVERS JOURNAL PUBLISHING COMPANY
VII
657
This Stipulation- and Agreement and Board's Exhibit No. 1
may be introduced as evidence in this Matter by filing the same
with the National Labor Relations Board at Washington, D. C.
The parties hereto expressly waive their rights to a hearing in
this Matter, the issuance of a, Trial Examiner's Intermediate
Report, and the making of Findings of Fact and Conclusions of
Law by the Board pursuant to provisions of the Act.
VIII
Upon the record in this Matter, the pleadings , Board's Exhibit
No. 1, and the Stipulation and Agreement , if approved by the
Board, an Order may forthwith be entered by the Board
providing as follows :
Drovers Journal Publishing Company , its agents , successors,
and assigns shall :
1. Cease and desist from :
(a) Discouraging membership in the American Federation of
Radio Artists, Chicago Local , Affiliated with the American
Federation of Labor, or any other labor organization of its
employees , ' by discharging or discriminating in any manner
against its employees in regard to hire , tenure of employment,
or any term or condition of employment;
(b) 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 bar-
gaiii-collectiveily 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 to effectuate the
policies of the National . Labor ' Relations Act: .
(a) Offer to Joseph Silver immediate and full reinstatement
to his ' former position without prejudice to his seniority and
other rights and privileges;
(b) Pay back pay to Joseph Silver in the amount . of Four
Hundred and Fifty Dollars ($450) and to Jack Odell in the
amount of Seven Hundred Dollars ($700) on June 22, 1939 in
full and complete satisfaction of all liabilities of the respondent
for back pay on account of the matters and things set forth in
the Complaint herein. .
(c) Post immediately , upon approval of this Stipulation and
Agreement by the National Labor Relations Board, in a con-
658 DECISIONS OF NATIONAL LABOR TELATIONS BOARD
spicuous place at Radio Station WAAF and maintain for a.
period of not less than 60 days from.the date of posting, notices
to its employees at Radio Station WAAF stating that Drovers
Journal Publishing Company will cease and desist in the.manner
set forth above in paragraphs 1 (a) and (b) and that Drovers
Journal Publishing Company will take the affirmative action set
forth in paragraphs 2 (a), (b) and (c) herein.
(d) Notify the Regional Director of the National Labor Re-
lations Board for the Thirteenth Region within a period of fen
days from the date of the Board's approval of this Stipulation
and Agreement what steps Drovers Journal Publishing Company
has taken to comply herewith.
IT IS FURTHER STIPULATED AND AGREED that the United States
Circuit Court of Appeals for the Seventh Circuit may upon ap-
plication by the National Labor Relations Board enter its decree
enforcing the Order of the Board in the form set out, and the
respondent expressly waives its right to contest the entry of any
such decree and its right to receive notice of the filing of an
application for the entry of such decree.
All stipulations herein made and other terms and conditions
hereof are expressly made subject to the approval of the National
Labor Relations Board, Washington, D. C.
On July 1, 1939, the Board issued its Order approving the above
stipulation, making it 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 basis of the above stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Drovers Journal Publishing Company is an Illinois corporation
with its principal office and place of business in Chicago, Illinois.
It is engaged in the general printing business and in the printing,
publication, and distribution of farm and livestock newspapers,
including the Chicago Daily Drovers Journal, and owns and operates,
under a license from the Federal Communications Commission, a
radio station in Chicago, Illinois, known by the call letters WAAF.
.The. principal coverage of the radio station, herein called WAAF, is
a radius `'approximately 100 miles ' from Chicago, Illinois, and the
programs broadcast by WAAF have been detected by listeners in
States other than the State of Illinois. In the course and conduct
DROVERS JOURNAL PUBLISHING COMPANY 659
of its business and in the operations of WAAF the respondent con-
tinuously receives and transmits intelligence from and to States of the
United States other than the State of Illinois.
The-respondent in the course and conduct of its business and in
the operations of WAAF, during the fiscal year ending June 1, 1939,
caused 35 per cent of the studio and transmitter equipment and
records used by WAAF, valued at approximately $10,000.00, to be
purchased and transported from States other than the State of
Illinois to WAAF in the. State of Illinois. The respondent admits
that it is engaged in interstate commerce within the meaning of
Section 2, Subdivisions (6) -and (7) of the Act.
We find that the above-described operations constitute a continuous
flow of traffic, communication and commerce among the several
States. ,
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 Drovers Journal Publishing Company, its agents,
successors, and assigns, shall:
1. Cease and desist from :
(a) Discouraging membership in the American Federation of
Radio Artists, Chicago Local, Affiliated with the American Federa-
tion of Labor, or any other labor organization of its employees, by
discharging or discriminating in any manner against its employees
in regard to hire, tenure of employment, or any term or condition of
employment;
(b) 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 to effectuate the policies
of the National Labor Relations Act :
(a) Offer to Joseph Silver immediate and full reinstatement to his,
former position without prejudice to his seniority and other rights,
and privileges;
(b) Pay back pay to Joseph Silver in the amount of four hundred
and fifty dollars ($450) and to Jack Odell in the amount of seven
hundred dollars ($700) on June 22, 1939 in full and complete satis-
660 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
faction of all liabilities of the respondent for back pay on account
of the matters and things set forth in the Complaint herein;
(c) Post immediately, upon approval of this Stipulation and Agree-
ment by the National Labor Relations Board, in a conspicuous place
at radio station WAAF and maintain for a period of not less than 60
days from the date of posting, notices to its employees at radio station
WAAF'stating that Drovers Journal Publishing Company will cease
and desist in the manner set forth above in paragraphs 1 (a) and (b)
and that Drovers Journal Publishing Company will take the affirma-
tive action set forth in paragraphs 2 (a), (b), and (c) herein;
(d) Notify the Regional Director of the National Labor Relations
Board for the Thirteenth Region within a period of 10 days from the
date of the•Board's approval of this Stipulation and Agreement what
steps Drovers Journal Publishing Company has taken to comply
herewith.