San Diego Newspaper Guild, Local No. 95 of the Newspaper Guild v. National Labor Relations Board

Good Law
548 F.2d 863
United States Court of Appeals for the Ninth CircuitFebruary 22, 1977No. 75-3584California3,435 words

Opinion

lead Opinion

Barnes, J.

The Decision and Order of the Board here challenged is reported at 220 N.L.R.B. No. 195 (1975).

Union Tribune Publishing Co. (“the Company”), an intervenor herein, publishes two *865 newspapers. It has collective bargaining agreements with six different organizations, one of which is the San Diego Newspaper Guild, Local No. 95 of the Newspaper Guild, AFL-CIO, CLC (“the Union”).' The Union represents a bargaining unit of approximately 800 of the Company’s employees, including those in its “outside circulation” department 1 — district managers, relief district managers, 2 newsstand men and circulation clerks. 3 District managers recruit carriers in their districts, coordinate payment collections and maintain lists of subscribers, carriers and drop locations.

Since 1965, the Company has utilized what it calls “Operation Survival” during contract negotiations with the unions, and on one occasion, during a dispute with one of the unions in 1972. In order to enable the Company to continue publishing and distributing its newspapers in the event of a strike, the Company activates the plan which calls for the training and orienting of individuals to take over all phases of the…

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