National Labor Relations Board v. Honolulu Star-Bulletin, Inc., and Advertiser Publishing Co., Ltd., D/B/A Hawaii Newspaper Operators

The National Labor Relations Board (hereinafter “Board”) has petitioned this court for enforcement of its order pursuant to Section 10(e) of the National Labor Relations Act (hereinafter “Act”), 29 U.S.C. § 160 (e).

Respondents Honolulu Star-Bulletin and Advertiser Publishing Company publish two newspapers in Honolulu, Hawaii. Prior to June 1, 1962, each operated separately, and each had separate negotiations with the same employees’ representative, Hawaii Newspaper Guild, Local 117, AFL-CIO (hereinafter “Union”).

During the period of independent operation prior to consolidation, each newspaper maintained various incentive programs for advertising salesmen. Their respective contracts with the Union made no provision for these incentive or bonus plans, and apparently they were not negotiated.

On June 1, 1962, the two newspapers consolidated their operations under the name of Hawaii Newspaper Operators (hereinafter “Company”). On July 13, 1962, an interim agreement was signed to cover any controversies prior to negotiations for a new contract for the combined operation. This agreement made no mention of the bonus plans, and there was no discussion of them during the negotiation…