Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hudson County Newspaper Guild v. Jersey Publishing Co.

Decided: May 7, 1952.

HUDSON COUNTY NEWSPAPER GUILD, LOCAL 42 OF THE AMERICAN NEWSPAPER GUILD, C.I.O. ET ALS., PLAINTIFFS,
v.
JERSEY PUBLISHING COMPANY, A CORPORATION OF NEW JERSEY, DEFENDANT



Joseph L. Smith, J.s.c.

Smith

Under the rules, this case is submitted to the court without a jury on an agreed stipulation of facts which are made a part thereof as though fully set forth herein.

This is an action wherein plaintiffs seek to recover two weeks' salary by virtue of a clause in a collective bargaining agreement entered into between plaintiffs and defendant. Plaintiffs allege that by virtue of section XII two weeks' notice was required, and that since said notice was not given a corresponding amount equal to each individual's two weeks' salary is due and owing.

Defendant maintains that having fulfilled the requirements of article VIII and IX by payment of a severance pay and

all accumulated vacation credits, it has fulfilled its obligation and that said article XII is not applicable under the instant facts.

The pertinent articles are as follows:

"Article VIII Severance Pay:

1. Upon dismissal, an employee upon request shall receive a written notice from the Publisher or his agents stating the cause for his dismissal * * *."

"Article XII Security.

1. There shall be no discharges except for just and sufficient cause. Except in the case of proven dishonesty, or self provoked discharge for the purpose of collecting severance pay, the Guild shall be notified in writing at least two weeks in advance of any discharge, with the reason for the dismissal stated in such notice * * *."

The facts in this case are simple. Defendant, after publishing a daily paper for over 59 years, because of economic difficulties suspended publication and went out of business. At the time of this suspension of publication there was in existence a collective bargaining agreement between the plaintiff Guild and the defendant; the pertinent articles are aforementioned.

Pursuant to paragraph 2 of article VIII of this said collective bargaining agreement, defendant paid severance pay to all employees of its editorial department, including the individual plaintiffs herein. The defendant also paid, under article IX of said collective bargaining agreement, accumulated vacation ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.