Conford, Kilkenny and Leonard. The opinion of the court was delivered by Kilkenny, J.A.D.
These are appeals by 23 claimants from a final decision of the Board of Review, Division of Employment Security, denying them unemployment benefits for the period between December 8, 1962 and March 31, 1963 on the ground that they were disqualified under N.J.S.A. 43:21-5(d).
So far as pertinent herein, N.J.S.A. 43:21-5(d) provides:
"An individual shall be disqualified for benefits: * * *
(d) For any week with respect to which it is found that his unemployment is due to a stoppage of work which exists because of a labor
dispute at the factory, establishment, or other premises at which he is or was last employed, * * *."
There is a proviso that this subsection shall not apply if it is shown that:
"(1) He is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work; and
(2) He does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or financing or directly interested in the dispute; * * *."
The basic facts are not in dispute. The claimants are all members of the New York Newspaper Guild, a trade union local of the American Newspaper Guild, A.F.L.-C.I.O. The Guild is composed of employees of the newspaper publishers who do not belong to one of the craft unions. They were, at the time in issue, employees of publishers of four New York City daily newspapers, commonly referred to as the News, Times, Herald Tribune and Mirror. Their several occupations were principally, and in some cases entirely, within the State of New Jersey, as hereinafter more particularized. On December 8, 1962 a strike was called against the News and Times by the printers' union, New York Typographical Union No. 6. The labor dispute which induced that strike effected a stoppage of work at the establishments of all four newspapers involved herein, the Herald Tribune and Mirror also stopping publication pursuant to an agreement among them as members of the Publishers Association of New York City. As a result of that work stoppage, claimants became unemployed during the 16 weeks while the strike was pending.
The Guild negotiated contracts for its members with each newspaper publisher separately, as contrasted with the printers' union which negotiated labor agreements with all newspaper publishers as a unit through the medium of the publishers' association. The Guild contracts with the publishers had expired on October 30, 1962 and, when there was
a failure to negotiate a new agreement, the Guild struck the News on November 2, 1962. That strike was settled on November 8, 1962 by the making of a new contract with the News for a two-year term, from November 1, 1962 to October 31, 1964. The settlement with the News was incorporated into similar contracts between the Guild and the Times, Herald Tribune and Mirror. Thus, at the time in issue the Guild had settled its labor grievances with the newspaper publishers.
Although the Guild and its members were not immediate parties to the labor dispute between the printers' union and the newspaper publishers, having made their own separate contracts a month prior to the printers' strike call, they took an active part in helping the printers' union prosecute its strike to a successful conclusion and were indirectly concerned in one of the issues being negotiated. The Guild had joined with the craft unions in a mutual assistance pact whereby a Labor Unity Committee, composed of representatives of the Guild and craft unions, had been created. There was an inter-union understanding that no new labor contract with the publishers would be approved by any striking union without the prior approval of the Labor Unity Committee. Although the Guild had settled its own earlier strike without such approval, its representatives on the Labor Unity Committee were working in close collaboration with the other craft union representatives on this committee at all times during the prolonged printers' strike.
The active support of the printers' strike by the Guild was further manifested by a directive issued to all Guild members importuning them not to cross picket lines set up by the striking printers and urging them not to accept any employment offered by the newspaper publishers. Guild members refused to cross the picket lines.
The issue involving the Guild and its members was the insistence of the printers upon a common expiration date for all of its labor contracts with the several craft unions and the Guild, instead of the varying termination dates which
had induced a greater number of labor problems and work stoppages. This issue was resolved as part of the settlement of the printers' strike by a modification of the Guild contract termination date, extending it from October 31, 1964 to March 31, 1965 and providing for an adjustment upward of salaries to be paid to Guild members for the extended period to coincide with the higher rates won by the printers' union in settling its strike.
Claimants herein take the position that the work stoppage which idled them was not due to a labor dispute "at the factory, establishment, or premises" where they were employed, and thus N.J.S.A. 43:21-5(d) is inapplicable to them. They contend that the labor dispute was "at" the newspaper "establishment, or premises" in New York City, where the printers worked and where picket lines were set, and not at the several places in New Jersey where the Guild members performed their respective duties and where there were no picket lines and no labor dispute, so far as they, as members of the Guild, were concerned. Claimants rely principally upon Ford Motor Co. v. New Jersey Department of Labor and Industry, Division of Employment Security, Board of Review, 5 N.J. 494 (1950), as legal support for their contention.
Some of the claimants herein were newspaper reporters and photographers, whose "beat" was in New Jersey, such as the Newark area. They would phone the city editor or communicate from their two-way radio-equipped company automobile with the picture editor each day, making the calls from New Jersey to the editor's desk in New York City, obtaining their work assignments in this manner. In their cases, the publishers had no separate establishment, office, or physical facilities for them in New Jersey. They would frequent police headquarters in Newark and similar locations whence news stories might emanate. Their news copy and negatives would be delivered to New York by messenger, or by these employees themselves in some special cases. They reported at the newspaper offices in New York City in some instances
for special assignments. Their paychecks would be mailed to them in New Jersey from the New York City office of the publisher.
Another group of claimants involved in these appeals solicited classified advertising for their respective newspapers in New Jersey. The classified advertising obtained by these solicitors was transmitted ...