Newspaper Guild of New York, Local 3, 560 (1981)

Newspaper Guild of New York, Local 3, The Newspaper Guild, AFL-CIO and New York News,

Inc., and New York Mailers' Union, Number 6.

Case 2-CD-623

April 3, 1981 DECISION AND DETERMINATION OF

DISPUTE

This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, following a charge filed by New York News, Inc., herein called the Employer, alleging that the Newspaper Guild of New York, Local 3, The Newspaper Guild, AFL-CIO, herein called the Guild, violated Section 8(b)(4)(D) of the Act. A hearing was held pursuant to notice at New York, New York, on November 7 and 20, 1980, before Hearing Officer Margaret M. Kern. The Employer, the Guild, and New York Mailers' Union, Number 6, herein called the Mailers, appeared at the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing on the issues.

Thereafter, the Employer and the Mailers filed briefs with respect to the merits of the dispute.

The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed.

Upon the basis of the entire record in this case, the Board makes the following findings:

1. THE BUSINESS OF THE EMPLOYER The Employer is a New York corporation engaged in the printing, publishing, and distribution of a daily newspaper. In the course and conduct of its business, the Employer annually derives gross revenues in excess of $1 million and purchases and receives supplies valued in excess of $50,000 at its New York facility from sources outside the State of New York. Accordingly, we find that the Employer is engaged in a business affecting commerce within the meaning of Section 2(6) and (7) of the Act, and that it will effectuate the policies of the Act to assert jurisdiction in this proceeding.

   2. THE LABOR ORGANIZATIONS INVOLVED The parties stipulated and we find that the Guild and the Mailers are labor organizations within the meaning of Section 2(5) of the Act.

      II111.THE DISPUTE A. Background andFacts of the Dispute The Employer's circulation department is responsible for producing mailing wrappers which 255 NLRB No. 82 protect and direct distribution of bundles of newspapers as they leave the newspaper plant. Prior to the dispute herein, production of the wrappers began with the preparation of labeling information in the form of a blotter which was then made into stencils and printed by a 'J' printer onto small, yellow address labels. All of the employees involved in the foregoing process historically have been represented by the Guild. The yellow printed address labels then were manually affixed onto brown craft paper by an A. B. Dick stamper machine, operated by employees in the Mailers bargaining unit, resulting in the production of a finished wrapper. In 1975, the Employer's Honeywell computer system was modified to enable keypunch...