International Alliance of Theatrical Stage Employees, Local 16 (Various Employers)

National Labor Relations Board - Unpublished Board Decisions

Nov 2, 2020

20-CB-249568 (N.L.R.B. Nov. 2, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
REGION 20
INTERNATIONAL ALLIANCE OF THEATRICAL
STAGE EMPLOYEES, LOCAL 16 (VARIOUS
EMPLOYERS)
and Case: 20-CB-249568

GEORGE DOOLING, an Individual
DECISION AND ORDER1
Statement of the Case
On September 9, 2020, International Alliance of Theatrical Stage Employees, Local 16
(the Respondent); George Dooling (Charging Party); and the General Counsel of the National
Labor Relations Board entered into a Formal Settlement Stipulation, subject to the Board’s
approval, providing for the entry of a consent order by the Board and a consent judgment by
any appropriate United States Court of Appeals. The parties waived all further and other
proceedings before the Board to which they may be entitled under the National Labor Relations
Act and the Board’s Rules and Regulations, and the Respondent waived its right to contest the
entry of a consent judgment or to receive further notice of the application therefor.
The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
The Formal Settlement Stipulation is approved and made a part of the record, and the
proceeding is transferred to and continued before the Board in Washington, D.C., for the entry
of a Decision and Order pursuant to the provisions of the Formal Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board makes the
following
Findings of Fact
1. Business of Audio Visual Services Group, Inc., d/b/a PSAV Presentation Services
(PSAV)
1 The National Labor Relations Board has delegated its authority in this proceeding to a three-
member panel.
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(a) At all material times, PSAV has been a Delaware corporation with an office
and place of business in Schiller Park, Illinois, and has been engaged in the business of
facilitating meetings, communication, and interaction through the provision of audio and visual
equipment and services.
(b) Annually, PSAV, in conducting its operations described above, provides
services valued in excess of $50,000 directly to customers located outside the State of Illinois.
(c) At all material times, PSAV, has been an employer engaged in commerce
within the meaning of Section 2(2), (6), and (7) of the Act.
2. Business of Production Support Services, Inc. (PSS)
(a) At all material times, PSS has been a Nevada corporation with an office and
place of business in Las Vegas, Nevada, and has been engaged in the production of special
events and tradeshows.
(b) Annually, PSS, in conducting its operations described above, provides
services valued in excess of $50,000 directly to customers located outside the State of Nevada.
(c) At all material times, PSS has been an employer engaged in commerce within
the meaning of Section 2(2), (6), and (7) of the Act.
2. The labor organization involved
At all material times, the Respondent has been a labor organization within the
meaning of Section 2(5) of the Act.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the entire
record, and pursuant to Section 10(c) of the National Labor Relations Act, the National Labor
Relations Board orders that:
The Respondent, International Alliance of Theatrical Stage Employees, Local 16, its
officers, agents, and representatives, shall:
1. Cease and desist from:
(a) Restraining or coercing employee-users of the Respondent’s exclusive
referral system in the exercise of the rights guaranteed in Section 7 of the National Labor
Relations Act, as amended, by:
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i. Barring George Dooling from use of the Respondent’s exclusive referral
system, in an arbitrary manner and/or for discriminatory reasons.
(b) Causing or attempting to cause Hughston Engineering, Inc., and other
employers, to discriminate against employees in regard to their hire or tenure of employment,
or any term or condition of employment, in violation of Section 8(a)(3) of the Act, as amended,
by suspending referral hall users from use of the Respondent’s exclusive referral system, in an
arbitrary manner and/or for discriminatory reasons.
(c) In any other like or related manner restraining or coercing employees in their
exercise of the rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act:
(a) Within 14 days from the date of this Order, rescind the October 5, 2019 to
October 20, 2019 suspension of George Dooling from the Respondent’s exclusive referral
system; remove from the Respondent’s files any reference to the unlawful suspension; and,
within 3 days thereafter, notify Dooling in writing that this has been done and that the
Respondent will not use the unlawful suspension against him in any way.
(b) Within 14 days of service by the Region, post at its 240 2nd St., San Francisco,
California offices copies of the attached Notice marked “Appendix A.” Copies of the Notice, on
forms provided by Region 20, after being signed by the Respondent’s authorized representative,
shall be posted for a period of sixty (60) days in conspicuous places, including in all places
where the Respondent normally posts notices to its members and to persons who utilize its
exclusive referral service. In addition to physical posting of paper notices, the Respondent shall
distribute notices electronically, by email, posting on an intranet or internet site, and/or other
electronic means, if the Respondent customarily communicates with its members and with
persons who utilize its exclusive referral service by such means. The Respondent will take
reasonable steps to ensure that the notices are not altered, defaced or covered by any other
material. In the event that, during the pendency of these proceedings, the Respondent has gone
out of business or ceased operations at its 240 2nd St., San Francisco, California offices for any
reason, the Respondent shall duplicate and mail, at its own expense, a copy of the Notice to all
current members and persons who currently utilize its exclusive referral system, and to former
members and persons who formerly utilized its exclusive referral system at any time since
October 1, 2019.
(c) Within twenty-eight (28) days of the issuance of the Board’s Order, file with
the Regional Director of Region 20, a sworn affidavit from a responsible official describing with
specificity the manner in which the Respondent has complied with the terms of the Board’s
Order, including the locations of the posted documents.
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Dated, Washington, D.C. November 2, 2020
___________________________________
John F. Ring, Chairman
___________________________________
William J. Emanuel, Member
___________________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX A
NOTICE TO MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER
AND A CONSENT JUDGMENT OF ANY APPROPRIATE
UNITED STATES COURT OF APPEALS
FEDERAL LAW GIVES YOU THE RIGHT TO:
Form, join, or assist a union;
Choose a representative to bargain with your employer on your behalf;
Act together with other employees for your benefit and protection;
Choose not to engage in any of these protected activities.
WE WILL NOT do anything to prevent you from exercising the above rights.
WE WILL NOT in any like or related manner restrain or coerce you in the exercise of your
rights under Section 7 of the Act.
WE WILL NOT suspend you from utilizing our exclusive referral system in an arbitrary manner
and/or for discriminatory reasons.
WE WILL NOT cause or attempt to cause Hughston Engineering, Inc., and other employers, to
discriminate against employees in regard to their hire or tenure of employment, or any term or
condition of employment, by suspending referral hall users from use of our exclusive referral
system, in an arbitrary manner and/or for discriminatory reasons.
WE WILL, within 14 days from the date of the Board’s Order in these matters, rescind our
October 5, 2019 to October 20, 2019 suspension of George Dooling from utilizing our exclusive
referral system; remove from our files any reference to our unlawful suspension; and, within 3
days thereafter, notify Dooling in writing that this has been done and that we will not use the
suspension threat against him in any way.
INTERNATIONAL ALLIANCE OF THEATRICAL
STAGE EMPLOYEES, LOCAL 16
The Board’s decision can be found at www.nlrb.gov/case/20-CB-249568 or by using the QR code
below. Alternatively, you can obtain a copy of the decision from the Executive Secretary,
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National Labor Relations Board, 1015 Half Street, S.E., Washington, D.C. 20570, or by calling
(202) 273-1940.