National Herald Inc.

National Labor Relations Board - Board Decisions

Nov 16, 1938

9 N.L.R.B. 893 (N.L.R.B. 1938)

In the Matter of NATIONAL HERALD , INC. and HELLENIC TYPOGRAPHI-
CAL UNION, No. 817, I. T. U.
Case No. C-946.-Decided November 16, 1938
Newspaper Publishing Business-Settlement : stipulation providing for rein-
statement and back pay and recognition of union, including embodiment of
understanding , if reached , in a written , signed agreement for a definite term,
upon request of union-Order : entered on stipulation.
Mr. Christopher W. Hoey, for the Board.
Hartman, Sheridan and Tekulsky, by Mr. George E. Benvenga, and
Mr. Daniel J. Madigan, of New York City, for the respondent.
Mr. James Senos, and Mr. James Dahma, of Springfield Gardens,
N. Y., for the Union.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Hellenic Typo•
graphical Union, No. 817, I. T. U., herein called the Union, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Second Region (New York City), issued
its complaint dated August 25, 1938, against National Herald, Inc.,
New York City, 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), (3),
and (5) and Section 2 (6) and (7) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. The complaint and notice
of hearing thereon were duly served upon the respondent and the
Union.
Concerning the unfair labor practices the complaint alleged, in
substance, that (1) although on or about November 1, 1937, a ma-
jority of the employees of the respondent in a unit appropriate for
collective bargaining designated the Union as their representative
for the purpose of collective bargaining, the respondent refused to
bargain collectively with it, (2) the respondent terminated the em-
9 N. L. R. B., No. 83.
893
894 NATIONAL LABOR RELATIONS BOARD
ployment of and refused to reinstate one named employee, demoted
and reduced the wages of another named employee and reduced the
wages of a third named employee, because they joined and assisted
the Union and engaged in other concerted activities for the purpose
of collective bargaining and other mutual aid and protection, and
(3) the respondent, by the above-mentioned acts and, in addition, by
urging, persuading, warning, and threatening its employees with re-
prisals for joining or assisting the Union, and keeping under surveil-
lance the Union meetings, interfered with, restrained, and coerced
its employees in the exercise of their rights guaranteed in Section 7
of the Act.
On September 9, 1938, the respondent filed its answer, in which it
denied the material allegations of the complaint. On September 15,
1938, the Regional Director issued an order postponing the hearing
to September 26, 1938.
Pursuant to notice, a hearing was held on September 26 and 27,
1938, at New York City before Thomas S. Wilson, the Trial Exam-
iiier 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 evi-
dence bearing on the issues was afforded all parties. During the
hearing on September 27, 1938, an oral stipulation, entered into by
the parties, in settlement of the case, was read into the record. This
stipulation provides as follows :
In settlement of this case, National Herald, Inc., and Hellenic
Typographical Union No. 817, International Typographical
Union, and the National Labor Relations Board, Second Region,
through its attorney, agree as follows :
1. The correct corporate title of the respondent is "National
Herald, Inc."
2. National Herald, Inc., is a corporation organized and ex-
isting under and by virtue of the laws of the State of New York,
the principal place of business of said respondent being 134-140
West 26th Street, Borough of Manhattan, City, County and
State of New York.
3. Respondent conducts a newspaper publishing and job print-
ing business.
Respondent publishes a daily and Sunday newspaper known as
the "National Herald." This newspaper is known as a foreign
language newspaper, published in the Greek language, and is
the largest Greek daily newspaper published in the United States.
4. National Herald, Inc., consents to the jurisdiction of the
National Labor Relations Board, and concedes that it is engaged
in interstate commerce within the meaning of the National Labor
DECISIONS AND ORDERS 895
Relations Act, and for that purpose it supplies to the Board
the following information , upon which the Board can make find-
ings of fact:
(a) The principal raw materials used by the respondent are
newsprint and ink, of which approximately ten per cent is
shipped to respondent's plant from outside the State of New
York, the balance being purchased within the City of New York
and,-shipped to, respondent from points within the State of New
York.
(b) The daily circulation of the respondent 's newspaper is
approximately 14,000, of which approximately 4,000 are sold
within the State of New York and 10,000 are sold outside the
State of New York but to other states in the union.
(c) Respondent uses the United States mails 'for the purpose
of sending the out of the state edition of said newspaper to sub-
scribers who reside outside of the State of New York.
(d) Twenty per cent of the news carried .in the columns of
respondent 's newspaper consist of foreign news sent to re-
spondent by correspondents in foreign countries. For that pur-
pose such correspondents utilize the Commercial Cable Company
to transmit such daily news to the respondent.
(e) Respondent 's newspaper carries in its columns daily comic
strips, photos, cartoons, editorials, and other syndicated features
obtained from the Bell Syndicate, King Features Syndicate,
United Features Syndicate, and N. E. A. Service. The total of
such syndicated features obtained from outside of the State of
New York constitute ten per' cent of the total make-up of the
paper.
(f) Approximately sixty per cent of the advertising carried
by respondent's newspaper in its columns is national advertising,
shipped to respondent from outside the State of New York, and
advertising products manufactured outside of the State of New
York.
(g) Respondent also publishes an illustrated monthly maga-
zine, in the Greek language , consisting of thirty-two pages. The
total , circulation of this magazine is approximately 8,000 copies
per month , of which approximately 4,800 ' copies are mailed to
subscribers and sold outside of the State, of New York.
(h) For the purpose of soliciting subscriptions to the daily
and Sunday newspaper published by respondent and the monthly
magazine published by respondent, respondent employs six so-
licitors who travel through the States of the, United States
soliciting subscriptions to such daily and Sunday newspaper and
monthly magazine.
896- NATIONAL LABOR RELATIONS BOARD
5. Exclusive of foreign correspondents, respondent employs
approximately forty-five persons, and in that part of respondent's
plant known as the composing room the respondent employs
thirteen' persons.
6. National Herald, Inc., shall cease and- desist :
- (a) From interfering with, restraining or coercing its em-
ployees in the exercise of all right to self-organization, to form
and join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage
in concerted activities for the purposes of collective bargaining
or other mutual aid or protection.
(b) From discouraging membership in the Hellenic Typo-
graphical Union No. 817, International Typographical Union,
or any other labor organization, by discrimination in regard to
hire or_tenure of employment:
(c) From refusing to bargain collectively with Hellenic Typo-
graphical Un'ion' No. 817, I. T. U., as the exclusive representative
of the employees of the composing room of the respondent, in
respect to rates of pay, wages, hours of employment, and other
conditions of ' employment of said composing room employees.
7. National Herald, Inc., will take the following affirmative
action in order to effectuate the policies of the National Labor
Relations Act :
(a) By October 10, 1938, offer to John Vassilopoulos immedi-
ate and full reinstatement to his former position without preju-
dice to his seniority or other rights and privileges previously
enjoyed, and at the same wages received by him on October 29,
1937, the date of his discharge by respondent.
(b) By January 1, 1939, offer to Eusthois 1 Negas immediate
and full reinstatement to his former position of foreman, with-
out prejudice to his seniority or other rights and privileges
previously enjoyed.
(c) For the purpose of making whole John Vassilopoulos-and
George Chaousy for any loss of pay they have suffered by reason
of their discharge or demotion, pay to John Vassilopoulos the
sum of $475 in equal -monthly installments over a period of
six- months from October 1; 1938; and pay to George Chaousy
the sum of $225 in equal monthly installments for a period of
six' months from October 1-, 1938:
8: No-provision for the restoration of George Chaousy to the
position and to the salary obtained by him prior to November 3,
1937, has been made in this settlement because the said George
Chaousy was, prior - to - the date of this - hearing in this case,
1 In the pleadings the name was spelled Eustathios Negas.
DECISIONS AND ORDERS 897-
restored to his former position and to his former wage, and the
` respondent reports that he is now so employed, and the union
agrees that Mr. Chaousy is now employed at his former position
and at his former rate.
9. National Herald, Inc., will take the following further
affirmative action, in order to effectuate- the policies of the Na-
tional Labor Relations Act :
'(a) Post notices in conspicuous places in its composing room
in the newspaper plant of said respondent in New York City,
stating :
1. That the respondent will not interfere, as provided above;
2. That such notices will remain posted for a period, of at
least thirty days from the date of posting.
(b) Upon request, bargain collectively with- Hellenic Typo-
graphical Union No. 817, I. T. U., as the exclusive representative
,of the employees in the composing room of the respondent in
respect to rates of pay, wages, hours of employment, and other
conditions of employment, and if an understanding is reached
,on any of such matters, embody said understanding in a written,
signed agreement for a definite term to be agreed upon, if
requested to do so by said Hellenic Typographical Union No.
.817, I. T. U.
10. An order based on the terms of this agreement may be
made by the National Labor Relations Board.
11. A consent decree embodying the substance of such order of
the National Labor Relations Board may be entered in the Circuit
Court of Appeals for the appropriate circuit, upon application of
the Board without notice to any party.
This stipulation is submitted subject to the approval of the
National Labor Relations Board, at Washington, D. C.
On October 1, 1938, the Board issued its order approving the above
stipulation, making it a part of the record, and transferring the
proceeding to the Board for the purpose of entry of a decision and-
order by the Board pursuant to the provisions of the stipulation.
Upon the entire record in the case, the Board makes'the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, a New York corporation, is engaged in the busi-
ness of , newspaper publishing and job printing. The respondent
publishes a daily and.Sunday newspaper- known as the "National,
Herald," which is the largest daily newspaper published in Greek
in the United States.
898 NATIONAL LABOR RELATIONS BOARD
The principal raw materials used by the respondent are newsprint
and ink, of which about 10 per cent are shipped to the respondent's
plant from outside the State of New York. The respondent's , news-
paper carries syndicated features obtained from several of the Nation-
wide,services. The total of such syndicated features obtained from
outside of the State of, New York constitute 10 per cent of the total
make-up of the paper. Approximately 60 per cent of the advertis-
ing carried in the respondent's newspaper is national advertising,
shipped to the respondent from outside the State of New York.
The daily circulation of the respondent's newspaper is approximately
14,000, of which approximately 10,000 are sold and shipped to points
outside the State of New York. The respondent also publishes an
illustrated monthly magazine printed in Greek consisting of 32 pages.
The total circulation of this magazine is about 8,000 copies per month,
of which approximately 4,800 are mailed to subscribers and sold
outside the State of New York. Exclusive of foreign correspond-
ents, the respondent employs about 45 persons, of which about 13
are employed in respondent's composing room.
We find that the above-described operations constitute a continuous
flow of trade, traffic, 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
National Labor Relations Act, the National Labor Relations Board
hereby orders that National Herald, Inc., New York City shall:
1. Cease and desist :
(a) From interfering with, restraining, or coercing its employees
in the exercise of all rights to self-organization, to form and join,
or assist labor organizations, to bargain collectively through repre-
sentatives of their own choosing, and to engage in concerted activities
for the purposes of, collective bargaining or other mutual aid or
protection;
(b) From discouraging membership in the Hellenic Typographi-
cal Union No. 817, International Typographical Union, or any other
labor organization, by discrimination in regard to hire or tenure
of employment;
(c) From refusing to bargain collectively with Hellenic Typo-
graphical Union No. 817, I. T. U., as the exclusive representative of
the employees of the composing room of the respondent, in respect
to rates of pay, wages, hours of employment, and other conditions of
employment of said composing room employees.
DECISIONS AND ORDERS 899
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) By October 10, 1938, offer to John Vassilopoulos immediate
and full reinstatement to his former position without prejudice to
his seniority or other rights and privileges previously enjoyed, and
at the same !wages received by him on October 29, 1937, the date
of his discharge by the respondent;
(b) By January 1, 1939,-offer to Eusthois Negas immediate and
full reinstatement to his former position of foreman, without preju-
dice to his seniority or other rights and privileges previously enjoyed;
(c) For the purpose, of making whole John Vassilopoulos and
George Chaousy for any loss of pay they have suffered by reason
of their discharge or demotion, pay to John Vassilopoulos the sum
of $475 in equal monthly installments over a period of 6 months from
October 1, 1938; and pay to George Chaousy the sum of $225 in equal
monthly installments for a period of 6 months from October 1,
1938;
' (d) Post notices in conspicuous places in its composing 'room in
the newspaper plant of the said respondent in New York City,
stating :
1. That the respondent will not interfere, as provided above :
2. That such notices will remain posted for a period of at least
thirty (30) days from the date of posting;
(e) Upon request bargain collectively with Hellenic Typographi-
cal Union, No. 817,'.I. T. _U., as„the exclusive representative of the
employees in the composing room of the respondent in respect to
rates of pay, wages, hours of employment, and other conditions of
employment, and if an understanding is reached on any of such mat-
ters, embody said understanding in a written, signed agreement for a
definite term to be agreed upon, if requested to do so by said Hellenic
Typographical Union No. 817, I. T. U.;
(f) Notify the Regional Director for the Second Region within,
ten (10) days of this Order what steps have been taken to comply
herewith.
134068-39-vol. ix-58