National Labor Relations Bd. v. Times-Picayune Pub. Co., 10084.

• Decision Date: 12 June 1942
• Docket Number: No. 10084.,10084.
• Citation: 130 F.2d 257
• Parties: NATIONAL LABOR RELATIONS BOARD v. TIMES-PICAYUNE PUB. CO.
• Court: U.S. Court of Appeals — Fifth Circuit

130 F.2d 257 (1942)

NATIONAL LABOR RELATIONS BOARD v. TIMES-PICAYUNE PUB. CO.

No. 10084.

Circuit Court of Appeals, Fifth Circuit.

June 12, 1942.

Robert B. Watts, Gen. Counsel, National Labor Relations Board, and Ernest A. Gross, Associate Gen. Counsel, National Labor Relations Board, both of Washington, D. C., and C. Paul Barker, Regional Atty., National Labor Relations Board, of New Orleans, La., for petitioner.

Esmond Phelps, of New Orleans, La., for respondent.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

The National Labor Relations Board seeks enforcement of an order issued by it against The Times-Picayune Publishing Company, a Louisiana corporation engaged at New Orleans in the publication of The Times-Picayune, a morning newspaper, The New Orleans States, an afternoon newspaper, and The New Orleans Times-Picayune-States, a Sunday newspaper. The daily publications have a combined circulation in excess of 175,000, and the Sunday publication has a circulation in excess of 180,000. Respondent is subject to the provisions of the National Labor Relations Act, 49 Stat. 449, 29 U.S.C.A. § 159 et seq. N. L. R. B. v. Express Publishing Co., 5 Cir., 111 F.2d 588; N. L. R. B. v. Hearst, 9 Cir., 102 F.2d 658.

Several months prior to May 20, 1940, International Typographical Union sought to unionize the composing room employees of The Times-Picayune Publishing Company. On being apprised of this intention, the officers and agents of the Company met with a representative of the Union and agreed that a consent election would be held to ascertain whether the Union should in the future represent the composing room employees for the purpose of collective bargaining. The Company also caused the following notice to be posted in the composing room: "That they (the employees) are free to become members or refrain from becoming members of the International Typographical Union and no employee will be discriminated against because of membership or activity in that organization."

As the time for holding the election approached, much agitation and confusion occurred in the composing room between the employees, and at the request of the Union, additional notices were posted prohibiting employees of the composing room from discussing "union or non-union membership while on duty". The notice failed to have the desired effect and, after conferring with the Labor Board's Regional Attorney, the Company posted another notice prohibiting conversations between employees during working hours about matters having nothing to do with the work assigned to them. The election was held on May 20, 1940, and the Union lost by a vote of sixty to forty-six. No contest or protest was made as to the result or as to the fairness of the election.

In October, 1940, on complaint of the International Typographical Union, the National Labor Relations Board issued its complaint against the Publishing Company charging it with unfair labor practices under Section 8(1) of the Act in that it had interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7; and that it had discriminatorily terminated the employment of Albert P. Stoddard, a linotype operator, and Thomas I. O'Connor, a composing room employee, in violation of Section 8(1) and (3) of the Act.

The usual proceedings were had, and after a hearing findings of fact and conclusions of law were entered by the Board. The Board found that within the meaning of Section 8(1) the respondent had interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed to them by Section 7; and that the discharge of Stoddard was an unfair labor practice within the meaning of Section 8 (3). It found that O'Connor had refused to obey reasonable orders; that he was disrespectful to his superior when cautioned about his derelictions; and that his discharge was warranted and not in violation of Section 8(3).

The Board ordered the respondent to cease and desist from discouraging membership in the Union or any other labor organization by discharging and refusing to reinstate any of its employees or in any manner discriminating in regard to their hire and tenure of employment; and from interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, and other rights guaranteed in Section 7. It ordered that Stoddard be offered immediate and full reinstatement to his former position without prejudice to his seniority or other rights and privileges, and to make him whole for any loss of pay which he had suffered by reason of his discharge. The respondent was further ordered to post appropriate notices of compliance.

The Publishing Company does not deny that it gave instructions to its foremen to ascertain how the employees stood with reference to the Union. This was in direct conflict with its promise not to intermeddle with its employees with regard to unfettered self-organization, and their right to organize, join, and belong to a union without interference from the employer. It further appears that a foreman of the composing room called on several employees at their homes in an effort to discourage them from voting for the...