International Alliance of Theatrical Stage EmployeesDownload PDFNational Labor Relations Board - Board DecisionsApr 19, 1976223 N.L.R.B. 959 (N.L.R.B. 1976) Copy Citation STAGE EMPLOYEES International Alliance of Theatrical Stage Employees (RKO General , Inc., WOR-TV Division) and Adri- an Penner . Case 2-CB-5858 April 19, 1976 DECISION AND ORDER BY MEMBERS FANNING, JENKINS, AND PENELLO On December 2, 1975, Administrative Law Judge Joseph I. Nachman issued the attached Decision in this proceeding. Thereafter, the Respondent filed ex- ceptions and a supporting brief. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. The Board has considered the record and the at- tached Decision in light of the exceptions and brief and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge and to adopt his recommended Order,' as modified herein. We agree with the Administrative Law Judge that Respondent, by instituting disciplinary proceedings against its members employed by RKO General, Inc., WOR-TV Division, hereafter called WOR, be- cause they refused to honor its picket line at WOR, coerced and restrained these individuals in the exer- cise of rights guaranteed them by Section 7 of the Act, and thereby violated Section 8(b)(1)(A) of the Act. However, we do not base our conclusion on a finding that Respondent's picket line violated the Act, as did the Administrative Law Judge, as that is not the case for the reasons set forth hereafter. As more fully noted in the attached Administrative Law Judge's Decision, a jurisdictional dispute developed wherein the employer assigned certain work to its engineers who were members of IATSE, the Respon- dent herein. IATSE Locals 1, 52, 644, and 771 claimed parts of the work. IATSE thereafter made a determination that the work belonged to Locals 52, 644, and 771 and directed the engineers to comply with that directive. The engineers were also advised that IATSE had authorized a picket line at the WOR facilities and they were to honor that picket line. The picketing by Locals 52, 644, and 771 began on Feb- ruary 26, 1975,2 and continued until it was enjoined by the United States District Court for the Southern District of New York. On March 24, John C. Hall, Jr., an IATSE mem- 1 In Appendix A of the Decision the inadvertent misspellings of two names are hereby corrected from Juan Berrera to Juan Barrera and from Augustus McAllister to August MacAllister. 2 All events herein occurred in 1975. 959 ber, filed union disciplinary charges against the 121 engineers employed by WOR who had crossed the aforesaid picket line. Thereafter, IATSE served no- tice upon each of these individuals and directed each of them to appear before an IATSE trial committee on specified dates and defend themselves against the charges. Respondent has postponed action on these charges until the final disposition of this proceeding. WOR filed 8(b)(4)(D) charges against the picket- ing Unions and the Board, following a hearing pur- suant to Section 10(k) of the Act, issued a Decision and Determination of Dispute on August 18, 1975, awarding the disputed work to the engineers repre- sented by IATSE, and holding that Locals 52, 644, and 771 were not entitled by means proscribed by Section 8(b)(4)(D) to force or require WOR to assign the disputed work to employees represented by said locals, rather than engineers represented by IATSE.3 Section 8(b)(1)(A) of the Act makes it an unfair labor practice for a union to "restrain or coerce .. . employees in the exercise of rights guaranteed in sec- tion 7." Under Section 7, employees are guaranteed both the right to engage in concerted activities and the "right to refrain from any or all such activities ... ." However, the proviso to Section 8(b)(1)(A) provides that the section "shall not impair the right of a labor organization to prescribe its own rules with respect to the acquisition . . . of membership there- in." It is now well established that the application of Section 8(b)(1)(A) to the enforcement of union rules requires a dual approach. External enforcement of a union rule by attempting to affect a member's em- ployment status is proscribed by Section 8(b)(1)(A); on the other hand, since Congress did not propose to interfere with internal affairs, a union rule ordinarily is enforceable against a member by internal means- i.e., expulsion or fine-without running afoul of the section.' A union's right to employ internal sanctions, how- ever, is subject to a basic exception: ... if the [union] rule invades or frustrates an overriding policy of the labor laws the rule may not be enforced, even by fine or expulsion, with- out violating § 8(b)(l).5 Thus, it is well settled that a union's attempt to fine or expel a member for filing unfair labor practice charges violates Section 8(b)(1)(A) since it frustrates 3 Stage Employees Local One, IA TSE, AFL-CIO, Theatrical Protective Union, el aL (RKO General, WOR-TV Division), 219 NLRB 1165 (1975). We have been administratively advised that an 8(b)(4)(D) complaint which is- sued subsequent to this determination has been settled in view of the Re- spondent Union's compliance with that determination. 4Scofield v. N.LR.B., 394 U.S. 423, 429 (1969); N. L. R. B. v. Allis-Chal- mers Mfg. Co., 388 U.S. 175, 195 (1967). 5 Scofield, supra, 394 U.S. at 429. 223 NLRB No. 142 960 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Congress' basic policy of free and uncoerced access to the Board and the provisions of the Act .6 Section 8(b)(IXA) is also violated when a union fines members for refusing to honor a lawful picket line established by a sister union where the union's collective-bargaining agreement contains a valid no- strike clause.' In such circumstances , the union's ac- tion frustrates the Act's fundamental policy of adher- ing to collective-bargaining agreements and resolving labor disputes without resort to work stoppages. A union has also been found to have violated Section 8(b)(1)(A) when it brought charges against members who refused to participate in conduct subsequently found by the Board to be unlawful.' In sum, Section 8(b)(1)(A) "leaves a union free to enforce a properly adopted rule which reflects a legitimate union inter- est, impairs no policy Congress has imbedded in the labor laws, and is reasonably enforced against union members who are free to leave the union and escape the rule." 9 With the above principles in mind, the validity of Respondent 's discipline of its engineer members em- ployed by WOR turns on our view of the picket line herein and the meaning of our Decision and Deter- mination of Dispute in the 10(k) proceeding. In dis- cussing the relationship between a 10(k) and an 8(b)(4)(D) proceeding, the Supreme Court has stat- ed: [T]he impact of the § 10(k) decision is felt in the §8(b)(4)(D) hearing because for all practical purposes the Board's award determines who will prevail in the unfair labor practice proceeding. If the picketing union persists in its conduct de- spite a § 10(k) decision against it, a §8(b)(4)(D) complaint issues and the union will likely be found guilty of an unfair labor practice and be ordered to cease and desist.1° In the instant case the only reason Respondent has not been found guilty of violating Section 8(b)(4)(D) is because it has apparently ceased its picket line ac- tion and is complying with our Decision and Deter- mination of Dispute." However, although the picket line itself has not been declared illegal, the Board has determined solely on the basis of that picket line that the three constituent locals of Respondent were not entitled by means proscribed by Section 8(b)(4)(D) of the Act to force or require WOR to assign the disputed work to employees represented by them. Our Section 10(k) proceeding would be a nullity and our decision herein incongruent if the Respondent can discipline its engineer members for performing work which we have determined is theirs. Even if the decision to discipline the employees was originally continuing its efforts to discipline the engineers after a court issued an injunction against it and the Board made a determination of dispute against the claim.12 Under these circumstances, we conclude that the Union's continuing efforts to discipline those mem- bers who failed to observe the picket line impairs national labor policy as its conduct tends to under- mine the Board's policy against such picket lines and the Board's Section 10(k) proceedings. Accordingly, we conclude that the Respondent's institution of union disciplinary proceedings violates Section 8(b)(1)(A) of the Act. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board adopts as its Order the recommended Order of the Administrative Law Judge and hereby orders that Respondent, International Alliance of Theatrical Stage Employees, New York, New York, its officers, agents, and representatives, shall take the action set forth in the said recommended Order. 6 N. L. R. B. v. Industrial Union of Marine & Shipbuilding Workers [United States Lines Co.], 391 U.S . 418 (1968). t Local 12419, International Union of District 50, United Mine Workers of America (National Grinding Wheel Company, Inc.), 176 NLRB 628 (1969). See also Verville v. International Association of Machinists and Aerospace Workers. et at., 520 F.2d 615 (C.A. 6, 1975) (sympathy strike in violation of no-strike clause in collective-bargaining agreement ); Local 1104, Communi- cations Workers of America, AFL-CIO [New York Telephone Company] v. N.L.R.B., 520 F.2d 411 (C.A. 2, 1975) ( illegal secondary boycott). 8 N. L. R. B. v. Communications Workers of America, AFL-CIO, Local 1170 [Rochester Telephone Corp.], 474 F.2d 778 (C.A. 2, 1972) (Sec. 8(d) and 8(b)(3) ). 9 Scofield, supra, 394 U.S. at 430. 10 N.L.R. B. v. Plasterers Local Union No. 79, Operative Plasterers' and Cement Masons' International Association , AFL-CIO [Texas State Tile & Terrazzo Co.], 404 U.S. 116, 126-127 (1971), reversing 440 F.2d 174 (C.A. D.C. 1970), denying enforcement of 172 NLRB 565 (1968). 11 In this regard Respondent in its answer admitted that Respondent au- thorized the picketing of WOR, Respondent directed the engineers to honor the picket line, and by such directive Respondent attempted to induce the engineers not to perform services for WOR and to force the assignment of the disputed work to employees who are members of Locals 52, 644, and 771, rather than to the engineers employed by WOR. 12 Retail Clerks Union, Local 1179, Retail Clerks International Association, AFL-CIO (Alpha Beta-Acme Markets), 211 NLRB 84 (1974), enfd. 526 F.2d 142 (C.A. 9, 1975). DECISION STATEMENT OF THE CASE JOSEPH I. NACHMAN, Administrative Law Judge: This proceeding heard before me at New York, New York, on October 21,' with all parties duly represented, involves a complaint 2 pursuant to Section 10(b) of the National La- 1 This and all dates hereafter mentioned are 1975. taken in good faith, Respondent continued and is 2 Issued July 11, on a charge filed on May I, and served on May 2. STAGE EMPLOYEES 961 bor Relations Act, as amended (herein the Act), which al- leges in substance, that on March 14, based on charges preferred by John C. Hall, Jr., a member of International Alliance of Theatrical Stage Employees (herein IATSE or Respondent), against approximately 121 of his fellow members of IATSE, the latter ordered said members to stand trial before the trial committee of IATSE on charges of violating certain provisions of its constitution, and that by said conduct Respondent restrained and coerced em- ployees in the exercise of rights guaranteed by Section 7 of the Act, thereby violating Section 8(b)(1)(A) of the Act. By answer duly filed and amended at the hearing, Respondent admitted certain allegations of the complaint, but denied the commission of any unfair labor practice. For reasons hereafter more fully stated, I find the allegations of the complaint sustained by the evidence, and recommend an appropriate remedial order. At the hearing all parties were afforded full opportunity to introduce relevant and material evidence, to examine and cross-examine witnesses, to argue orally on the record, and to submit briefs. Discussion of the legal issues present- ed by this record was quite extensive at the hearing, and the same is included in the transcript, and has been duly considered. A brief submitted by Respondent has also been duly considered.3 Upon the pleadings, stipulation of counsel, the evidence, and the entire record in the case, I make the following: FINDINGS OF FACT 4 There is no dispute regarding the facts, and the following findings are based on the allegations of the complaint which are admitted by the answer as modified at the hear- ing. RKO General operates a radio and television broadcast- ing station in New York City, known as Station WOR, and for that purpose employs various personnel who are mem- bers of or represented by IATSE, and IATSE or one of its constituent locals bargains with RKO on behalf of said employees.5 Among the employees who work for RKO is a 3 At the hearing , both General Counsel and the Charging Party stated that each would file a brief . Subsequently each party advised me by letter that they felt the case was adequately presented by the record , and that they would not file briefs. ° The complaint alleges and the answer admits facts which establish that RKO General , Inc., WOR-TV Division ( herein RKO or WOR-TV), is en- gaged in commerce or an enterprise affecting commerce within the meaning of the Act, and over which the Board would assert jurisdiction . I find those facts to be as pleaded . The complaint also alleges that R&T Division of IATSE, composed of a group of engineers employed by WOR-TV, who are members of IATSE, and for whom IATSE bargains with WOR-TV, is a labor organization within the meaning of Section 2(5) of the Act. The an- swer denies this allegation , claiming that because R&T is a division of IATSE it has no status as an organization independent of IATSE, and because IATSE does the bargaining for the engineers employed by WOR- TV, the R&T Division does not exist for the purpose of "dealing with em- ployers concerning grievances , labor disputes , wages, rates of pay, hours of employment , or conditions of work ," within the meaning of Section 2(5) of the Act. I find it unnecessary to decide the question. It being admitted that IATSE is a labor organization, restraint or coercion of employees by it, whether directed to employees who are or are not members of a labor orga- nization , establishes the unfair labor practice proscribed by Section 8(b)(1)(A)• 5It appears that Locals 1, 52, 644, and 771, have contracts with RKO group of engineers who are members of IATSE. This group is at times known as "R&T Division." For purposes of collective bargaining, a committee selected by the engi- neers , together with officials of IATSE, meets with repre- sentatives of RKO, and bargains out a contract fixing the terms and conditions of employment of the engineers. The last such contract was executed March 16, 1972, effective from that date until March 15, 1974, and thereafter from year to year, absent prescribed notice .6 Early in 1975, a dispute developed with respect to the operation of video tape cameras for new gatherings, which work RKO had assigned to the engineers, and which was claimed in parts by IATSE Locals 1, 52, 644, and 771. On February 24, Walter Diehl, president of IATSE, notified the engineers employed by RKO that, notwithstanding the assignments made by RKO, IATSE had determined that Locals 52, 644, and 771 had jurisdiction over the disputed work and that its engineer members were to comply with that directive. On February 26, Diehl advised its engineer members employed by RKO that IATSE had authorized the picketing of the facilities of WOR and that, if such picketing occurred, its engineer members were to honor that picket line. Beginning on or about February 25, Locals 52, 644, and 771, with the authorization of IATSE, commenced picket- ing the facilities of WOR. This picketing continued until it was enjoined by order of the United States District Court for the Southern District of New York. Respondent's an- swer, as amended, admits that (1) the purpose of the afore- said picketing was to force the assignment of the disputed work to employees who are members of or represented by IATSE Locals 52, 644, or 771; (2) notwithstanding the di- rective by IATSE to the engineers that they honor the pick- et lines established by Locals 52, 644, and 771, said engi- neers refused to do so, and continued to work during the picketing; (3) on March 24, John C. Hall, Jr., a member of IATSE, filed disciplinary charges, pursuant to the constitu- tion and bylaws of IATSE, against those engineers em- ployed by WOR, and who had crossed the aforesaid picket line, charging them with violating article 7, section 10; arti- cle 16, section 1; and article 2, section 7 of the aforesaid constitution and bylaws; and (4) upon the filing of said charges, IATSE served notice upon each of the individuals so charged, directing them to each appear before a trial committee of IATSE on specified dates, and defend them- selves against said charges. Respondent admits that action on the aforesaid charges has been postponed until the final disposition of this proceeding. The evidence shows that, pursuant to charges filed by RKO against IATSE, Locals 1, 52, 644, and 771, alleging a violation of Section 8(b)(4)(D) of the Act, the Board, fol- lowing a hearing pursuant to Section 10(k) of the Act, is- sued its Decision and Determination of Dispute on August 18,.1975, awarding the disputed work to the engineers rep- resented by IATSE, but not to IATSE or its members, and covering such employees. 6 Apparently no notice was given in March 1974 or 1975. All parties agree that the contract was in effect at all times material herein. 7 The parties stipulated that G.C . Exh. 6 is a list of the engineers against whom such charges were preferred. The list contains 121 names. 962 DECISIONS OF NATIONAL LABOR RELATIONS BOARD held that Locals 52, 644, and 771 8 were not entitled by means proscribed by Section 8(b)(4)(D) to force or require RKO to assign the disputed work to employees represented by said locals , rather than to engineers represented by IATSE. See 219 NLRB 1165 (1975).9 Contentions and Conclusions Section 8(b)(1)(A) of the Act makes it an unfair labor practice for a labor organization or its agents .. to restrain or coerce . . . employees in the exer- cise of the rights guaranteed in section 7: Provided That this paragraph shall not impair the right of a labor organization to prescribe its own rules with re- spect to the acquisition or retention of membership therein; .. . Among the Section 7 rights guaranteed to employees is the right to engage in, or to refrain from engaging in, concerted activities , such as strikes or picketing , or to cross or refuse to cross a picket line. Although the Supreme Court in N.L.R.B. v. Allis-Chal- mers Mfg. Co., 388 U.S. 175 (1967), held that disciplinary fines imposed upon union members for refusing to honor a picket line were not the restraint and coercion proscribed by Section 8(b)(1)(A), the Supreme Court in subsequent cases held such fines to be violative of Section 8(b)(1)(A), if they impaired or ran counter to law or the national labor policy. N.L.R.B. v. Industrial Union of Marine & Shipbuild- ing Workers [United States Lines Co.], 391 U.S. 418 (1968); Scofield v. N.L.R.B., 394 U.S. 423 (1969). In Marine Work- ers, supra, the public policy to be protected was the right of individual employees to have access to the Board . In Local 12419, Mine Workers (National Grinding Wheel Company, Inc.), 176 NLRB 628 (1969), the principle of Marine Work- ers was applied to a strike in breach of a contractual no- strike provision; and in Communications Workers of Ameri- ca, AFL-CIO, Local 1170 (Rochester Telephone Corp.), 194 NLRB 872 (1972), the principle was applied to attempt modifications of a contract without compliance with the requirements of Section 8(d) of the Act. Based on the aforementioned holdings , the validity of Respondent 's attempt to discipline its members employed by RKO as engineers turns on the legality of the picket lines the engineers are charged with refusing to honor. That ° The proceeding was dismissed insofar as it related to Local I. Although not a party to this proceeding , Local 52 filed a motion that I withhold my decision in the instant case until the final disposition of the 8(bx4XD) proceeding . The motion was denied on the ground that whatever the ultimate disposition of the 8(b)(4)(D) proceeding may be , it would have no bearing on the instant case . Apparently, the Locals involved in the 10(k) proceeding have failed to notify the Regional Director of Region 2. as the Board directed them to in the Decision and Determination of Dispute,that they would refrain from forcing or requiring RKO. by proscribed means, to assign the work in dispute to employees represented by said locals, rather than to the engineers represented by IATSE, and that by reason of such failure the General Counsel has issued a 8(bX4XD ) complaint, based on the original charge . Locals 644 and 771, also not parties to this proceeding, have by letter to me dated November 17, 1975, suggested that this proceeding is jurisdictionally defective because they are not parties duly served with no- tice . Although I do not regard this as raising any question before me. the suggestion appears to be lacking in merit. the picket lines involved contravened Section 8(b)(4)(D) and were, for that reason, unlawful is clear. In its Decision and Determination of Dispute, the Board found, for rea- sons there explicated, that the work involved was work be- longing to the engineers , and that Locals 52, 644, or 771, were not entitled, by means proscribed by Section 8(b)(4)(D), to engage in conduct designed to force assign- ment of the work to the latter. And it being admitted by the answer as modified at the hearing, that Respondent authorized the picketing of RKO, directed the engineers to honor the picket lines, that such directive by Respondent constituted an inducement of the engineers not to perform services for RKO and was to force the assignment of the disputed work to employees who are members of Locals 52, 644, and 771, rather than to the engineers employed by RKO, the violation of Section 8(b)(4)(D) by those Locals is complete . Being in violation of law, the picketing lines were unprotected, and the election of the engineers to cross those picket lines cannot be made the basis of disciplinary action that does not, on the authority of the above-cited cases, run afoul of the proscription of Section 8(b)(I)(A) of the Act. Accordingly, when IATSE took over the prosecu- tion of the disciplinary charges and ordered the engineers listed in Schedule A (attached) to defend their action be- fore its trial committee, it violated Section 8(b)(1)(A) of the Act. I so find and conclude.10 Upon the foregoing findings of fact, and the entire re- cord in the case, I state the following: CONCLUSIONS OF LAW 1. RKO is an employer within the meaning of Section 2(2) of the Act, and is engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. IATSE, the only Respondent herein, is a labor orga- nization within the meaning of Section 2(5) of the Act. 3. Picketing of RKO, authorized by IATSE, was for a proscribed object and hence violated Section 8(b)(4)(D) of the Act. 4. By instituting disciplinary proceeding against its members employed by RKO as engineers because they re- fused to honor the aforesaid picket lines, IATSE coerced and restrained the aforesaid engineers in the exercise of rights guaranteed them by Section 7 of the Act, and there- by violated Section 8(b)(I)(A) of the Act. 5. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Sec- tion 2(6) and (7) of the Act. On the basis of the foregoing findings of fact, conclu- sions of law, and the entire record in the case, and pur- suant to Section 10(c) of the Act, I issue the following rec- ommended: 10 Respondent's contention that its conduct here is protected by the provi- so to Sec. 8(b)(I)(A), giving it the right to prescribe its own rules relating to the acquisition and retention of membership, I rind to be without merit. Joliet Contractors Association , et a!. v . N.L.R.B., 202 F.2d 606 (C.A. 7). STAGE EMPLOYEES ORDER 1 1 Respondent, International Alliance of Theatrical Stage Employees, New York, New York, its officers, agents, and representatives , shall: 1. Cease and desist from: (a) Restraining or coercing employees in the exercise of rights guaranteed them by Section 7 of the Act, by institut- ing, prosecuting , bringing to trial , or in any manner giving effect to any notice of disciplinary proceedings issued to any person listed in Appendix A attached. (b) In any like or related manner, restrain or coerce em- ployees in the exercise of rights guaranteed them by Sec- tion 7 of the Act. 2. Take the following affirmative action designed and found necessary to effectuate the policies of the Act: (a) Forthwith notify, in writing, each individual listed in Appendix A attached, that the notice of disciplinary action which it heretofore gave said individual is no longer of any effect, and that it will take no action to enforce the same. (b) Post in conspicuous places at its business office and all places where notices to its members are customarily posted, copies of the notice attached marked "Appendix B." 12 Copies of said notice, on forms provided by the Re- gional Director for Region 2, after being signed by a duly authorized representative, shall be posted by it immedi- ately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter in conspicuous places, includ- ing all places where notices to employees are customarily posted. Reasonable steps shall be taken by Respondent to insure that said notices are not altered, defaced, or covered by any other material. (c) Promptly after receipt of copies of the aforesaid no- tice from the aforesaid Regional Director, return to said Regional Director such number of signed copies of said notice as said director may request for posting by RKO at its premises in New York, New York, said employer being willing, at all places where said employer posts notices to its employees. (d) Notify the Regional Director, in writing, within 20 days from the date of this Order, what steps it has taken to comply herewith. 11 In the event no exceptions are filed as provided by Sec. 102.46 of the Rules and Regulations of the National Labor Relations Board , the findings, conclusions , and recommended Order herein shall, as provided in Sec. 102.48 of the Rules and Regulations , be adopted by the Board and become its findings , conclusions , and Order , and all objections thereto shall be deemed waived for all purposes. 12 In the event the Board 's Order is enforced by a Judgment of a United States Court of Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board" shall read "Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." APPENDIX A Robert Albrecht John Herbst Glen Alston Andres Hernandez Arthur F. Altro Ralph Aluise Edward Anderson C. Albert Aprile Stephen Aronson William Azzolini Charles Baker George Balle Robert Barkey Matthew B. Bayles Edward Beaty Barney Beck Juan Berrera Carl Berry Arthur Bompane Elga Brown Michael Brown Robert Cambreleng William Carey John Carney Gregory Centola Eugene Clark Howard Cohen John E. Conklin, Jr. Daniel Conover Alejandro Couzo Willoughby Dacosta Evan Dakes or Drakes Emanuel De Carlo Robert De Chiara Ellis Domeseck Matthew J. Dowd Richard Effman Frank Ennis Rubin Erejomovich John Fejas Orville Ferguson Michael Ferriola Joseph Fioravanti Fred Fishman Clement Florio John Fogal Roy Fortner Anthony Galano John P. Gallagher John Garlinger James Gavigan Herbert Gillies Joseph Ginise Ronald Girellini Enrique Gomez Humberto Gonozalez James Goode Robert Goodman John Grant Arthur Gress Donald Hale Roland Harper Robert Hennessy Joseph Hoffman John Hogan Henry Jasinski Joseph J. Kasper John Keane Patrick Kelly Edward Knapp Quincy Knight William Krause Robert Lawery Harry Leon William Levine Cliff Lovett Barry Luchkowac Joseph Maguire Donald Manns Arthur Marko Augustus Mc Allister Peter McDonough Kenneth McHugh James McInerney F. Donald McLean Arnold Mintz Gary J. Mintz Samuel Morse Earl Neely Robert Norris James Quodomine Adrian Penner William Petryna George Planell Angelo Polizzano William Povilaitis George Riley Paul Rossi William Sakai Edward Scatterday Alfred Schaffer William Schlegel Michael Sciotto Mario Sfogliano David Shelton Ronald Simms Charles Skidmore Michael Sobol Herbert Squire, Jr. Anthony Tatti Lawrence J. Tighe John Torrado Rudy A. Traylor Herbert Turner Peter Vaas John Walsh Stanley Weinger Kenneth Williams Bernard L. Wolf William Woodcock Edmund Zajac 963 964 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX B NOTICE To MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government After a hearing at which all parties had the opportunity to present their evidence, it has been decided that we, IATSE, violated the National Labor Relations Act, and we have been ordered by the National Labor Relations Board to post this Notice. We will fully carry out the Order of the Board, and abide by the following: The Act gives employees the following rights: To engage in self-organization To form, join, or assist any union To bargain collectively through representatives of their own choosing To engage in activities together for the purposes of collective bargaining or other mutual aid or pro- tection To refrain from any of such activities. WE WILL NOT in any manner interfere with our members in the exercise of those rights. WE WILL NOT institute, prosecute, bring to trial, or in any other manner enforce or give effect to, any notice of disciplinary proceeding which we may have issued to any member listed in Appendix A of the Board's decision, a copy of which is attached, because said member may have failed or refused to honor a picket which we authorized be maintained at the New York premises of RKO General. WE WILL forthwith notify, in writing, each individual named in the aforesaid Appendix A, that the notice of disciplinary action heretofore given any such individu- al is withdrawn and is no longer of any effect, and that we will hereafter take no action to enforce the same. INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EM. PLOYEES Copy with citationCopy as parenthetical citation