Columbia Typographical Union No. 101

National Labor Relations Board - Board Decisions

Oct 9, 1975

220 N.L.R.B. 1177 (N.L.R.B. 1975)

COLUMBIA TYPOGRAPHICAL UNION 101
Columbia Typographical Union No . 101, international
Typographical Union of North America , AFL-CIO
(The Washington Post Company) and Washington
Publisher's Association. Cases 5-CB- 1158
October 9, 1975
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS FANNING
AND JENKINS
On December 12, 1973, the National Labor Rela-
tions Board issued its Decision and Order in the
above-captioned proceeding,' wherein it dismissed
the complaint pursuant to the principles of Collyer,2
Houston Chronicle,' and related cases, subject to res-
ervation of jurisdiction for the purpose of entertain-
ing timely and appropriate motions for further con-
sideration upon a proper showing that (a) the dispute
had not been, with reasonable promptness, either re-
solved by amicable settlement or submitted promptly
to arbitration, or (b) the grievance or arbitration pro-
cedures utilized had not been fair and regular or had
reached a result repugnant to the Act.
On December 30, 1974, the Washington Post Com-
pany, the Employer herein, filed a motion for further
consideration of the Administrative Law Judge's De-
cision and recommended Order, wherein it moved
the Board to reissue the complaint herein and to af-
firm the Administrative Law Judge's Decision on the
merits. The motion avers, in substance, that when the
Board's Decision and Order herein issued, the Em-
ployer and Columbia Typographical Union No. 101,
International Typographical Union of North Ameri-
ca, AFL-CIO, herein called Respondent, were en-
gaged in contractual negotiations which, 9 months
later, culminated in a new bargaining agreement; the
Employer's desire to resolve the disputed issues here-
in during those negotiations were not realized be-
cause of the intensity of bargaining and complexity
of other issues; within approximately a month after
the new agreement had been executed, the Employer
conducted a review of all issues left unresolved by
the negotiations and requested arbitration of the is-
sues here in dispute; and Respondent refused to arbi-
trate , claiming that Respondent had neither a legal
nor contractual obligation to enter into arbitration
because the Employer had failed to process the griev-
ances within the time limitations set forth in the par-
'207 NLRB 841 (1973) (Member Fanning dissenting)
2 Collyer Insulated Wire, A Gulf and Western Systems Co, 192 NLRB 837
(1971).
3 Houston Mailers Union No. 36 affiliated with International Mailers Union
(Houston Chronicle Publishing Company), 199 NLRB 804 (1972).
1177
ties' expired contract. The Employer argues that
Respondent's refusal to arbitrate constitutes a refusal
to comply with the terms of our Decision and Order
herein upon which deferral was conditioned, thereby
warranting Board resolution of the matters.
In its reply to the motion, Respondent urges the
Board to deny the motion on the ground of laches,
arguing, in substance, that despite the intensity of the
negotiations, the Employer nevertheless had time
during those negotiations to file and process the
grievances, and that its failure to do so for some 10
months after the Decision and Order herein issued
constitutes both an abandonment of the grievances
and a failure to act with the "reasonable prompt-
ness" commanded by our Order, thereby relieving
Respondent of any obligation to comply with our
Order and the Board of the necessity of resolving the
dispute on the merits. Alternatively, Respondent ar-
gues that a Board determination of the dispute
should be resolved in its favor on the bases of its
exceptions to the Administrative Law Judge's Deci-
sion and its supporting brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
We find, for the reasons set forth in our Supple-
mental Decision,and Order in The Washington Post
Company, 220 NLRB No. 144 (1975), a companion
case issued simultaneously herewith, that Re-
spondent's laches argument is without merit, and
that this case should be decided on the merits.4 Ac-
cordingly, we hereby grant the Employer's motion
for consideration of the merits of the case and rein-
state the complaint.
The Board has considered the record, the Admin-
istrative Law Judge's Decision, the exceptions and
briefs, the Employer's motion for further consider-
ation of the case on the merits, and Respondent's
reply thereto, and has decided to affirm the rulings,
findings,5 and conclusions of the Administrative Law
4 Members Fanning and Jenkins would not have deferred to arbitration
but would have decided the case on the merits for the reasons set forth in
their dissenting opinions in Collyer, supra, and related cases, and in their
concurring opinions, in The Washington Post Company. 207 NLRB 831
(1973).
5 The Administrative Law Judge, citing International Brotherhood of Elec-
trical Workers Union, Local 134 (Illinois Bell Telephone Company), 192
NLRB 85 (1971), and related cases, as authority , found that a violation of
Sec. 8(b)(1)(B) of the Act may occur when the discipline imposed by the
Union on a supervisor-member is related in some manner to an underlying
dispute between the Employer and the Union or employees, and that it is
not essential that the discipline be related to, or grow out of , the supervisor's
duties as a management representative . Illinois Bell, however, did not re-
ceive the Supreme Court's approval, see Florida Power & Light Co. v. Inter-
national Brotherhood of Electrical Workers, Local 641, 622, 759, 820, and
1263, et al, Case 73-556, and N.L.R.B. v International Brotherhood of Elec-
trical Workers, AFL-CIO, et al. (Illinois Bell), Case 73-795, 417 U.S. 790.
affg. International Brotherhood of Electrical Workers, AFL-CIO v. N L.R.B.,
Continued
220 NLRB No. 166
1178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Judge and to adopt his recommended Order . lations Board adopts as its Order the recommended
Order of the Administrative Law Judge and hereby
ORDER orders that Respondent, Columbia Typographical
Union No. 101, International Typographical Union
Pursuant to Section 10(c) of the National Labor of North America, AFL-CIO, its officers , agents,
Relations Act, as amended , the National Labor Re- and representatives , shall take the action set forth in
the said recommended Order.
487 F.2d 1143 (C.A.D.C., 1973), which denied enforcement . Accordingly, CHAIRMAN MURPHY, concurring:we do not adopt this finding which, in any event , is not essential to our
disposition of the case . Like all of my colleagues, I would reach the merits
at this time and join in finding the violations alleged.