Allen v. Globe-Democrat Publishing Company

368 S.W.2d 460, 52 L.R.R.M. (BNA) 2861
CourtSupreme Court of Missouri
DecidedApril 8, 1963
Docket49089
StatusPublished
Cited by32 cases

This text of 368 S.W.2d 460 (Allen v. Globe-Democrat Publishing Company) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. Globe-Democrat Publishing Company, 368 S.W.2d 460, 52 L.R.R.M. (BNA) 2861 (Mo. 1963).

Opinions

STOCKARD, Commissioner.

This appeal is taken from the judgment of the Circuit Court of the City of St. Louis wherein eighteen plaintiffs were awarded “dismissal pay” in various amounts totaling $27,180.60 alleged to be due pursuant to the terms of a collective bargaining agreement between the St. Louis Stereotypers’ Union No. 8 of the International Stereotypers’ and Electrotypers’ Union, AFL-CIO (hereafter referred to as “Local No. 8”), of which all plaintiffs are members, and the St. Louis Newspaper Publishers’ Association, of which the “Globe Democrat” was a member.

On February 21, 1959 certain employees of the Globe-Democrat who were members of the St. Louis Newspaper Guild, a labor union not directly affiliated with Local No. 8, went on strike and established a picket line at the Globe-Democrat’s place of operations. All the plaintiffs voluntarily refused, or at least failed, to cross the Guild picket line and report for work, except Albert W. Ebeling who entered the Globe-Democrat building on the first day of the strike, stayed for a little less than an hour and then departed and did not again return. On February 21, 1959 the publisher of the Globe-Democrat sent a letter to each plaintiff in which he stated, among other things, “I regret very much that the Globe-Democrat will not be able to publish its Sunday edition because of a strike by the St. Louis Newspaper Guild. It does not appear probable that publication will be resumed in the immediate future.” On the following day the president of Local No. 8 received a telegram from the Globe-Democrat in which it was stated that no “lockout” of the members of Local No. 8 existed, and that “Any Globe-Democrat employee member of your union who has presented himself today or continues to report for work at his accustomed place of work on his regular work days and hours will be put to work and paid his regular day’s pay at the straight time rate until the work stoppage caused by the Newspaper Guild is ended or until further notice.” The president read this telegram to the members of Local No. 8 at a meeting but none of the plaintiffs reported for work.

On February 27, 1959, while the Guild strike was still in progress, the Globe-Democrat sold to the Pulitzer Publishing Company (hereafter referred to as the “Post-Dispatch”), which published the St. Louis Post-Dispatch newspaper, its principal physical properties and entered into a contract with the Post-Dispatch whereby it [462]*462would print the Globe-Democrat newspaper “from the date when Globe-Democrat Publishing Company is prepared to resume publication following the settlement of the present strike of its employees.” The sale resulted in a transfer to the Post-Dispatch of all of the equipment used by the plaintiffs in their previous employment with the Globe-Democrat as stereotypers. A notice by letter of this sale was furnished to each plaintiff and to the representative of Local No. 8 which stated, in part, as follows:

“To effect greater economy and efficiency in mechanical operation, The Globe-Democrat today entered into an agreement with the St. Louis Post-Dispatch under which The Globe-Democrat will be printed by the Post-Dispatch, when and if the Guild strike is settled.
“The sale is of the physical property only. The editorial, advertising, circulation and business departments of the two newspapers will be entirely separate. The Globe-Democrat will continue as a completely independent newspaper in every sense of the word.
“The consolidation of mechanical operations between competing newspapers finds great precedent in many cities throughout America, a list which we suspect may grow larger in the future as the mechanical costs of publishing a daily newspaper continue to rise. The editorial, advertising, circulation and business independence of these newspapers has not in.any way been affected. I assure you that it will not be affected in St. Louis.
* * * * * *
“Members of the mechanical unions will be employed on a priority basis in the consolidated mechanical operation. If they all cannot be employed, the dismissal provisions of the current mechanical contracts will apply.
******
“I can assure you that The Globe-Democrat will continue in the future, as it has in the past, as an independent newspaper and as a mighty force for good in St. Louis, in Missouri and in America.”

On May 27, 1959, the Guild strike terminated, and throughout the entire period of the strike the Globe-Democrat maintained the status of plaintiffs as employees, insofar as its contributions were called for under the Blue Cross-Blue Shield program and group life insurance program. None of the plaintiffs, with the one minor exception previously noted, worked for the Globe-Democrat during the Guild strike or after its termination. Most of the plaintiffs took employment as stereotypers with the Post-Dispatch.

The provision in the collective bargaining agreement under which plaintiffs seek to recover “dismissal pay” is as follows:

“ARTICLE VII
“Dismissal Pay
“Section 1. Any employe who has had a regular situation for more than one j'ear who is laid off to reduce the force shall receive dismissal pay on the basis of one week’s pay for each year of continuous employment.
“Section 2. In the event of merger, consolidation or permanent suspension of publication by any newspaper covered by this agreement all employes who lose employment thereby shall receive dismissal pay as follows :
“Employes who have held regular situations for more than six months but less than one year shall be paid six weeks’ dismissal pay.
“Employes who have held regular situations for more than one year shall be paid twelve weeks’ dismissal pay.
“Section 3. Dismissal pay shall be at the employe’s regular straight time rate of pay as of the time of dismissal.”

The collective bargaining agreement does not provide -for “dismissal pay” to an cm-[463]*463ployee in any and all situations wherein the employment status is terminated, other than those specifically excepted, as do some and probably most labor agreements. See Globe-Democrat Publishing Company v. The Industrial Commission, Mo.App., 301 S.W.2d 846; Talberth v. Guy Gannett Publishing Company, 149 Me. 286, 100 A.2d 726, 40 A.L.R.2d 1036; Matthews v. Minnesota Tribune Co., 215 Minn. 369, 10 N.W.2d 230, 147 A.L.R. 147; and the cases collected in the annotation at 40 A.L.R.2d 1044. Instead, the agreement provides for “dismissal pay” in only certain specifically defined and delimited situations, and in doing this the Globe-Democrat is relieved from the duty or obligation to make such payment in all other situations.

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Bluebook (online)
368 S.W.2d 460, 52 L.R.R.M. (BNA) 2861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-globe-democrat-publishing-company-mo-1963.