Ampersand Publishing, LLC d/b/a Santa Barbara News-Press

National Labor Relations Board - Board Decisions

Nov 3, 2014

361 N.L.R.B. 903 (N.L.R.B. 2014)

SANTA BARBARA NEWS-PRESS 903
Ampersand Publishing, LLC d/b/a Santa Barbara
News-Press and Graphic Communications Con-
ference, International Brotherhood of Team-
sters. Case 31–CA–029253
November 3, 2014
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS HIROZAWA
AND SCHIFFER
On September 27, 2012, the Board issued a Decision
and Order in this proceeding, which is reported at 358
NLRB 1540 (2012). Thereafter, the Respondent filed
two petitions for review in the United States Court of
Appeals for the District of Columbia Circuit, and the
General Counsel filed a cross-application for enforce-
ment.
At the time of the Decision and Order, the composition
of the Board included two persons whose appointments
to the Board had been challenged as constitutionally in-
firm. On June 26, 2014, the United States Supreme
Court issued its decision in NLRB v. Noel Canning, 134
S.Ct. 2550 (2014), holding that the challenged appoint-
ments to the Board were not valid. Thereafter, the Board
issued an order setting aside the Decision and Order, and
retained this case on its docket for further action as ap-
propriate.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
In view of the decision of the Supreme Court in NLRB
v. Noel Canning, supra, we have considered de novo the
judge’s decision and the record in light of the exceptions
and briefs. We have also considered the now-vacated
Decision and Order, and we agree with the rationale set
forth therein. Accordingly, we affirm the judge’s rul-
ings, findings, and conclusions and adopt the judge’s
recommended Order to the extent and for the reasons
stated in the Decision and Order reported at 358 NLRB
No. 155, which is incorporated herein by reference.1
1 In agreeing with the rationale that the Respondent acted with an il-
legal objective in serving the 2009 subpoenas on several current and
former employees to obtain their confidential Board affidavits, we rely
for background purposes only on the Respondent’s issuance of similar
subpoenas in 2007, and we clarify that the Respondent’s 2009 activity
is unlawful even without regard to its 2007 actions.
In addition, we note that Santa Barbara News-Press, 357 NLRB 452
(2011), referenced in the now-vacated Board decision, was subsequent-
ly vacated by the U.S. Court of Appeals for the D.C. Circuit. See Am-
persand Publishing, LLC v. NLRB, 702 F.3d 51 (D.C. Cir. 2012). The
outcome of that case does not affect our decision in this proceeding.
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government

The National Labor Relations Board has found that we
violated Federal labor law and has ordered us to post and
obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.

WE WILL NOT issue subpoenas to current and former
employees prior to their testimony at a National Labor
Relations Board hearing that request copies of affidavits
the employees submitted to the National Labor Relations
Board in an unfair labor practice investigation.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.

AMPERSAND PUBLISHING D/B/A SANTA
BARBARA NEWS-PRESS

The Board’s decision can be found at –
www.nlrb.gov/case/31-CA–029253 or by using the QR
code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor
Relations Board, 1099 14th Street, N.W., Washington,
D.C. 20570, or by calling (202) 273-1940.

We shall substitute a new notice in accordance with Durham School
Services, 360 NLRB 694 (2014).

361 NLRB No. 88