Extract
International Typographical Union, AFL-CIO, 806 (1958)
International Typographical Union , AFL-CIO and International Typographical Union Local 38, AFL-CIO and Haverhill Gazette Company International Typographical Union , AFL-CIO, its Executive Council, namely, Woodruff Randolph, Harold H. Clark, Joe Bailey, Don Hurd and Charles M. Lyon; International Typographical Union Local 165, AFL-CIO, and its Scale Committee and Worcester Telegram Publishing Company, Inc. Cases Nos.
1-CB-4929 and 1-CB-430. April 17, 1959 DECISION AND ORDEROn December 17, 1958, Trial Examiner Reeves R. Hilton issued his Intermediate Report in the above-entitled proceeding, finding that the Respondents had engaged in and were engaging in certain unfair labor practices and recommending that they cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. He also found that the Respondents had not engaged in certain other alleged unfair labor practices and recommended dismissal of the complaint with respect to such allegations. Thereafter, the Respondents, the General Counsel, and Worcester filed exceptions to the Intermediate Report and supporting briefs.Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Rodgers, Jenkins, and Fanning].The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed.The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, and the entire record in the case,' and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner.' 1 The Respondents' request for oral argument is hereby denied as the record, exceptions, and briefs adequately present the issues and positions of the parties.2 In view of the fact, as found by the Trial Examiner, that the Companies had no substantial objections to the Respondents' contract proposals or general laws covering the apprenticeship and priority systems, and therefore the Respondents' demands in this connection did not prevent the parties from reaching agreement on a new contract, we agree with the Trial Examiner's finding that in this respect the Respondents did not refuse to bargain in violation of Section 8(b) (3). We wish to make clear, however, that by demanding the apprenticeship and priority systems established in the general laws, which systems delegate exclusive control to the Respondents in the establishment and maintenance of these systems, the Respondents did 'attempt to cause' discrimination in violation.of Section 8(b) (2). See International Brotherhood of Teamsters, etc. (Pacific Intermountain Express Company), 107 NLRB 837.We agree with the Trial Examiner's finding that by striking to force the Companies to accede to the Respondents' demands for the illegal foreman and general laws clauses, the Respondents violated Section 8 ( b) (2) ; but we find it unnecessary to pass upon his finding that the Respondents violated Section 8(b) (2) by so striking also for the jurisdiction clause.123 NLRB No. 97.INTERNATIONAL TYPOGRAPHICAL UNION, AFL-CIO 807 ORDERUpon the entire record in this case, and pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that :I. The Respondents International Typographical Union, AFLCIO, and International Typographical Union Local 38, AFL-CIO, and their officers, agents, and representatives shall :a. Cease and desist from :(1) Refusing to bargain collectively with Haverhill Gazette Company for all the employees in the unit found appropriate herein, specifically by insistence upon acceptance of the Respondent Unions' jurisdiction, foreman, and general laws clauses, or by any other means, so long as the Respondent Unions are the representatives of the employees in the above-described bargaining unit.(2) Engaging in strike action, or directing, instigating or encouraging employees to engage in or threaten to engage in strike action, or approving or ratifying strike action taken by the employees, for the purpose of forcing Haverhill Gazette Company to execute an agreement requiring membership in the International Typographical Union as a condition of employment in violation of Section 8(a) (3) of the Act.(3) In any other manner causing or attempting to cause Haverhill Gazette Company to discriminate against employees in violation of Section 8(a) (3) of the Act.(4) In any manner restraining or coercing Haverhill Gazette Company in the selection of its representatives for the purposes of collective bargaining or the adjustment of grievances.b. Take the following affirmative action which the Board finds will effectuate the policies of the Act :(1) Upon request, bargain collectively as the exclusive bargaining representative of the employees in the unit found to be appropriate.(2) Post in...See the full content of this document
Sponsored links
