Newspaper and Mail Deliverers Union of New York and Vicinity (Newark Morning Ledger Company)

National Labor Relations Board - Board Decisions

Mar 10, 1982

260 N.L.R.B. 770 (N.L.R.B. 1982)

DECISIONS OF NATI()NALI, LABOR RELATIONS BOARD
Newpaper and Mail Deliverers Union of New York
and Vicinity and Newark Morning Ledger Com-
pany. Case 22-CD-359
March 10, 1982
DECISION AND ORDER
BY MEMBERS FANNING, JENKINS, AND
ZIMMERMAN
Upon a charge filed on September 19, 1980, by
Newark Morning Ledger Company, and duly
served on Newspaper and Mail Deliverers Union
of New York and Vicinity, herein Respondent, the
General Counsel of the National Labor Relations
Board for Region 22 issued a complaint and notice
of hearing on June 22, 1981, against Respondent,
alleging that Respondent has engaged in and is
now engaging in unfair labor practices affecting
commerce within the meaning of Section 8(b)(4)(i)
and (ii)(D) and Section 2(6) and (7) of the National
Labor Relations Act, as amended. Copies of the
charge and the complaint and notice of hearing
were duly served on the parties to the proceeding.
With respect to the unfair labor practices, the
complaint alleges in substance that since on or
about September 15, 1980, Respondent has de-
manded that the Newark Morning Ledger assign
the work of handling newspaper and jurisdiction
over equipment after the wire tying machines in
the mailroom at its Piscataway, New Jersey, plant
to employees who are members of or represented
by Respondent rather than to employees not mem-
bers of nor represented by Respondent. The com-
plaint further alleges that since March 22, 1981,
and continuously thereafter, Respondent has re-
fused to withdraw from arbitration the issue of
whether Respondent is entitled to the work de-
cribed above, despite the Board's Decision and De-
termination of Dispute issued March 26, 1981, find-
ing that Respondent is not entitled to jurisdiction
over the work,' all with the object of forcing and
requiring the Newark Morning Ledger to assign
the described work to employees who are members
of, or represented by, Respondent where the
Newark Morning Ledger is not failing to conform
to an order or certification of the Board determin-
ing the bargaining representative for employees
performing such work. Respondent failed to file an
answer to the complaint.
On August 6, 1981, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment.2 Subsequently, on August 13,
. ¥cl, vpuper and Mail l)ltvcrc' r Umt' t aIl/ .¥c York and ti ,,,tv, 255
NlRH 282 (1981)
: rhl cmIMplalnt alleged tlhla Re,.pondcnt iolitcd Scc 8(h)14)i) anTd
(ii)(D) in his Motion for Suinll.r Judgll ntl , thil (lncral CouilX l ,itlh-
dres the (it) illcgatior I hercalter, the Gei(; ral Counisl filed all erralutm
260 NLRB No. 70
1981, the Board issued an order transferring the
proceeding to the Board and a Notice To Show
Cause why the General Counsel's Motion for Sum-
mary Judgment should not be granted. Respondent
did not file a response to the Notice To Show
Cause, and, therefore, the allegations in the Motion
for Summary Judgment stand uncontroverted.
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.
Upon the entire record in this proceeding, the
Board makes the following:
Ruling on the Motion for Summary Judgment
Section 102.20 of the Board's Rules and Regula-
tions, Series 8, as amended, provides:
The respondent shall, within 10 days from the
service of the complaint, file an answer there-
to. The respondent shall specifically admit,
deny, or explain each of the facts alleged in
the complaint, unless the respondent is without
knowledge, in which case the respondent shall
so state, such statement operating as a denial.
All allegations in the complaint, if no answer
is filed, or any allegation in the complaint not
specifically denied or explained in an answer
filed, unless the respondent shall state in the
answer that he is without knowledge, shall be
deemed to be admitted to be true and shall be
so found by the Board, unless good cause to
the contrary is shown.
The complaint and notice of hearing duly served
on Respondent herein specifically states that unless
an answer to the complaint is filed within 10 days
of service thereof "all of the allegations contained
in the Complaint shall be deemed to be admitted to
be true and may be so found by the Board."
As noted above, Respondent has failed to file an
answer to the complaint and has further failed to
file a response to the Notice To Show Cause.
Therefore the allegations of the General Counsel's
Motion for Summary Judgment stand uncontro-
verted.
Accordingly, under the rule set forth above, no
good cause having been shown for the failure to
file a timely answer, the allegations of the com-
plaint are deemed admitted and are found to be
true, and we shall grant the General Counsel's
Motion for Summary Judgment.
secking to x ilhdrt.ks the (i) allegatilon and lhcrech retain the ii) violatioRn
llorrevC. ill rteqlrtllg to alrlCTId the Nioti(on for Summary Judgment ito
allege tile ihe ) xiotialion thl (elneral (' munel inadsvrtcntly suhslitutcd lan-
gilage rtflectilng a ii) iol;latln I ' r grant the (ieneral Coulltlsc' motilon
to 5 silIlhdral thl i) allcgalltmrl s stituting languagte onformlng Ilo II lit)
ioltllm aCttUal ly alleged
770
NEWSPAPER AND MAILl DELIVERERS UNION
On the basis of the entire record, the Board
makes the following:
FINDINGS OF FACT
I. THE BUSINES OF THE EMPLOYER
The Newark Morning Ledger Company is, and
has been at all times material herein, a corporation
duly organized under, and existing by virtue of, the
laws of the State of New Jersey. At all times mate-
rial herein it has maintained its principal office and
place of business at Star Ledger Plaza, Newark,
New Jersey, and is now, and has been continuously
engaged in the business of newspaper publishing at
its Star Ledger Plaza, Newark, New Jersey, and its
20 Duke Road, Piscataway, New Jersey, facilities.
During the preceding 12 months, the Employer, in
the course and conduct of its business operations,
derived gross revenues in excess of $200,000 and
purchased goods and materials valued in excess of
$50,000 from suppliers located outside the State of
New Jersey, which goods valued in excess of
$50,000 were shipped directly to its Piscataway,
New Jersey, facility from points outside the State
of New Jersey.
We find, on the basis of the foregoing, that the
Employer is, and has been at all times material
herein, an employer engaged in 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 herein.
II. LABOR ORGANIZATIONS INVOLVED
Newspaper and Mail Deliverers Union of New
York and Vicinity and Newark Mailers Union No.
11 a/w International Typographical Union are
labor organizations within the meaning of Section
2(5) of the Act.
Ill. THE UNFAIR LABOR PRACTICES
Since September 15, 1980, the Employer has op-
erated an auxiliary publishing plant at 20 Duke
Road, Piscataway, New Jersey. Since that date it
has assigned the work of handling newspapers and
jurisdiction over equipment after the wire tying
machines in the mailroom at the Piscataway plant
to employees who are not members of, or repre-
sented by, Respondent. Since on or about Septem-
ber 15, 1980, Respondent has demanded that the
Employer assign the work of handling newspapers
and jurisdiction over equipment after the wire
tying machines in the mailroom at the Piscataway
plant to employees who are members of or repre-
sented by Respondent rather than to employees
who are not members of or represented by Re-
spondent.
Since March 22, 1981, Respondent has refused to
withdraw from arbitration its demand that it be
given jurisdiction of the described work. Respond-
ent has not been certified by the Board as the col-
lective-bargaining representative of any of the em-
ployees performing the work described above nor
has the Board issued any order determining that
Respondent is the bargaining representative of the
employees performing said work.
On March 26, 1981, the Board issued its 10(k)
award, assigning the work of handling newspapers
and equipment after the wire tying machines in the
mailroom at the Employer's Piscataway facility to
employees who are represented by Newark Mailers
Union No. 11 a/w International Typographical
Union. The Board also found, inter alia, that News-
paper and Mail Deliverers Union of New York and
Vicinity was not entitled to force or require the
Employer to assign the disputed work to employ-
ees represented by that organization by means pro-
scribed by Section 8(b)(4)(ii)(D) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of Respondent set forth in section
III, above, occurring in connection with the oper-
ations described in section I, above, have a close,
intimate, and substantial relationship to trade, traf-
fic, and commerce among the several States and
tend to lead to labor disputes burdening and ob-
structing commerce and the free flow of
commerce.
v. THE REMEDY
Having found that Respondent has engaged in
and is engaging in unfair labor practices affecting
commerce within the meaning of Section
8(b)(4)(ii)(D) of the Act, we shall order that Re-
spondent cease and desist therefrom and take cer-
tain affirmative action designed to effectuate the
policies of the Act.
The Board, on the basis of the foregoing facts,
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. The Newark Morning Ledger Company is an
employer engaged in commerce within the mean-
ing of Section 2(6) and (7) of the Act.
2. Newspaper and Mail Deliverers Union of
New York and Vicinity and Newark Mailers Union
No. 11 a/w International Typographical Union are
labor organizations within the meaning of Section
2(5) of the Act.
3. By demanding jurisdiction over the work,
since September 15, 1980, and by refusing to with-
draw this issue from arbitration since March 22,
771
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1981, Respondent did threaten, coerce, and re-
strain, and is now threatening, coercing, and re-
straining persons engaged in commerce and in in-
dustries affecting commerce with an object of forc-
ing or requiring the Newark Morning Ledger
Company to assign particular work to employees
who are members of or are represented by Re-
spondent in violation of Section 8(b)(4)(ii)(D) of
the Act.
4. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the
meaning of Section 2(6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that the Respondent,
Newspaper and Mail Deliverers Union of New
York and Vicinity, its officers, agents, and repre-
sentatives, shall:
1. Cease and desist from threatening, coercing,
or restraining any person engaged in commerce or
in an industry affecting commerce where in either
case an object thereof is to force or require the
Newark Morning Ledger Company to assign the
work in dispute to employees represented by Re-
spondent rather than to employees represented by
Newark Mailers Union No. 11 a/w International
Typographical Union.
2. Take the following affirmative action which
the Board finds will effectuate the policies of the
Act:
(a) Withdraw from arbitration its demand that
Newark Morning Ledger assign to it jurisdiction of
the work described herein.
(b) Post at its business offices and meeting hall
copies of the attached notice marked "Appendix." 3
Copies of said notice, on forms provided by the
Regional Director for Region 22, after being duly
In Ihe evcnle that this Order is elnforced by it Judgment of a United
States Court of Appeals, the words in the notice reading "Posted h5
Order of the Natlional Labor Relations Board" shall read "Ptosted Pursu
ant to a Judgment of the lUniled States Court of Appeals Enforcing an
Order of the Nationlal abhor Relalitons Board "
signed by Respondent's representative, shall be
posted by Respondent immediately upon receipt
thereof, and be maintained by Respondent for 60
consecutive days thereafter, in conspicuous places,
including all places where notices to members are
customarily posted. Reasonable steps shall be taken
by Respondent to insure that said notices are not
altered, defaced, or covered by any other material.
(c) Furnish the Regional Director for Region 22
with signed copies of such notices for posting by
the Newark Morning Ledger Company, if it be
willing, in places where notices to employees are
customarily posted.
(d) Notify the Regional Director for Region 22,
in writing, within 20 days from the date of this
Order, what steps have been taken to comply here-
with.
APPENDIX
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT demand jurisdiction over the
work of handling newspaper and jurisdiction
over equipment after the wire tying machines
in the mailroom, of the Newark Morning
Ledger or refuse to withdraw this issue from
arbitration, or threaten, coerce, or restrain any
person engaged in commerce or in an industry
affecting commerce, where in either case an
object thereof is forcing or requiring the
Newark Morning Ledger to assign the work
to employees who are members of or are rep-
resented by us.
WE WILL withdraw from arbitration our
demand that Newark Morning Ledger assign
to us the jurisdiction of the work described
herein.
NEWSPAPER AND MAIL DELIVERERS
UNION OF NEW YORK AND VICINITY
772