Press Democrat Publishing Company

National Labor Relations Board - Board Decisions

Sep 30, 1981

258 N.L.R.B. 1355 (N.L.R.B. 1981)

PRESS DEMOCRAT PUBLISHING COMPANY
Press Democrat Publishing Company and San Fran-
cisco-Oakland Newspaper Guild, Local 52, The
Newspaper Guild, AFL-CIO. Case 20-CA-
12015
September 30, 1981
SUPPLEMENTAL DECISION AND
ORDER
BY MEMBERS FANNING, JENKINS, AND
ZIMMERMAN
On August 25, 1978, the Board issued its Deci-
sion and Order in the above-entitled proceeding,'
together with its Decision and Order in Tirnes-
Herald, Inc., 2 another of four related cases3 where-
in the Board concluded that the Respondents had
violated Section 8(a)(5) and (1) of the Act by refus-
ing to provide Charging Party San Francisco-Oak-
land Newspaper Guild, Local 52 (hereinafter the
Guild or the Union), with information concerning
monthly retainers paid to 10 "correspondents" who
were not unit members and not represented by the
Guild, and ordered Respondent to furnish the
Union, on request, with information as to the ag-
gregate dollar amount of editorial budget expended
for editorial material submitted by nonunit corre-
spondents (specified in October 5, 1976, letter from
Respondent to the Union) and published from May
1976 through July 1976.
On October 8, 1980, the United States Court of
Appeals for the Ninth Circuit issued its decision in
the four consolidated cases,4 in which it affirmed
the Board's determinations, but remanded for fur-
ther explication of the remedy granted, on grounds
it considered the Board's explanation confusing.
Thereafter, the Board notified the parties that it
had decided to accept the court's remand, and in-
vited the parties to submit statements of position,
subsequently extending the time for filing such sub-
missions to February 13, 1981.
'237 NLRB 1335. as imended by correclive order issued January 30,()
1979 (not published in volumes ot ifoard Decisions t(It) LKKM 122))
: 237 NLRB 922 (1978); Supplemental Decision andl Order, Frtmie-
Ierald. lnc., 240 NLRI 439 (1979).
' See also irowhil .'N%,puper Puh/iihiy (Co, /l, . 218 NI RI) 1334
(1978); and .mphkit Pritminlg Comlpllr, 237 NLRB 955 1974)
'Prcc I 1mnocrai Puhlishie (Co .A .R R. h29 :.2d 1320.
Although the court has specifically referred to
the Board's decisions in these cases in terms of "ag-
gregate" amounts paid to independent correspon-
dents for editorial product. it has apparently inter-
preted our prior Decision and Order in the Pre'ss
Democrat case, and our Supplemental Decision and
Order in Times-lerald. supra, as premising the
form of the disclosure order solely on the ground
of "Employer" interest in confidentiality, claims of
which it views as lacking record support. Such was
not our purpose however. In articulating the view
that amounts paid individual nonunit writers should
remain confidential between the employers and
those writers, we intended to convey as well our
recognition of, and concern for, the obvious right
to privacy of nonunit writers, which could be com-
promised by an order to provide information con-
cerning individual personal financial arrangements
to a stranger entity-an entity which does not rep-
resent them and which does not claim to do so.
Accordingly, for the reasons set forth in our
Supplemental Decision and Order in Amphlett
Printing Company, 258 NLRB No. 19 (1981), as
well as in our original Decision and Order herein
and our Supplemental Decision and Order in
Times-Herald, Inc., supra, and our Second Supple-
mental Decision and Order in Times-Herald. Inc.,
258 NLRB No. 135 (1981), we reaffirm our earlier
Order that Respondent furnish to the San Fran-
cisco-Oakland Newspaper Guild, Local 52, upon
request, information as to the aggregate dollar
amount of Respondent's editorial budget expended
by the Santa Rosa Press Democrat for editorial
material submitted by nonunit correspondents
(specified in October 5, 1976, letter Respondent to
the Union) and published from May through July
1976.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby affirms its original Decision
and Order herein 257 NLRB 1335 and orders that
the Respondent, Press Democrat Publishing Com-
pany. Santa Rosa, California, its officers, agents,
successors, and assigns. shall take the action set
forth in the Order therein.
258 NLRB No. 185
1 .355