Local 25, Broadcast Employees

National Labor Relations Board - Board DecisionsNov 12, 1971

194 N.L.R.B. 162 (N.L.R.B. 1971)

162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Local 25, National Association of Broadcast Employees & Technicians, AFL-CIO-CLC and Taft Broad- casting Company, Inc. (WGR Radio). Case 3-CC-583 November 12, 1971 DECISION AND ORDER BY CHAIRMAN MILLER AND MEMBERS FANNING AND JENKINS On May 24, 1971, Trial Examiner Gordon J. Myatt issued his Decision in the above-entitled proceeding, finding that the Respondent had engaged in the unfair labor practices alleged in the complaint and recom- mending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. The Trial Examiner also found that the Respondent had not engaged in other unfair labor practices alleged in the complaint. Thereafter, the General Counsel and the Charging Party filed exceptions to the Trial Examiner's Deci- sion and briefs in support thereof. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel. The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the exceptions and briefs, and the entire record in the case, and hereby adopts the findings, conclusions and recommendations of the Trial Examiner. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommend- ed Order of the Trial Examiner and hereby orders that Respondent, Local 25, National Association of Broadcast Employees & Technicians, AFL-CIO-CLC, its officers, agents, and representa- tives, shall take the action set forth in the Trial Examiner's recommended Order. TRIAL EXAMINER'S DECISION STATEMENT OF THE CASE GORDON J. MYATT, Trial Examiner : Upon a charge filed December 3, 1970,1 and upon an amended charge filed 1 Unless otherwise indicated, all dates herein refer to 1970. 2 Counsel for WGR filed a motion to correct the record in certain respects. No opposition was filed thereto. Upon examination of my notes, I January 28, 1971, by Taft Broadcasting Company, Inc. (WGR Radio), hereinafter referred to as WGR, a complaint and notice of hearing was issued on January 20, 1971, against Local 25, National Association of Broadcast Employees & Technicians, AFL-CIO-CLC, hereinafter referred to as the Union. The complaint alleged, inter alia, that the Union was engaged in a labor dispute with WGR and in furtherance of the dispute induced and encouraged individuals employed by persons engaged in commerce to engage in a strike and a refusal in the course of their employment to handle commodities or to perform services, and threatened, coerced, restrained persons engaged in commerce with an object of forcing or requiring persons to cease doing business with other persons. This conduct was alleged to be violative of Section 8(b)(4)(i) and (ii)(B) of the Act. The Respondent's answer admitted certain allegations of the complaint, denied others, and specifically denied the commission of any unfair labor practices. This case was tried before me on February 10, 1971, in Buffalo, New York. All counsel were afforded full opportunity to be heard and to introduce relevant evidence. Briefs have been received from all counsel and they have been fully considered by me in arriving at my decision in this case. Upon the entire record herein,2 including my evaluation of the testimony of the witnesses, based upon my observation of their demeanor and upon consideration of the credible relevant evidence, I make the following: FINDINGS OF FACT 1. JURISDICTIONAL FINDINGS WGR is a Delaware corporation which maintains its principal office and place of business in the city of Buffalo, New York. WGR is engaged in the business of operating a radio and television station. During the past 12 months, WGR, in the course and conduct of its radio and television operation, grossed revenues in excess of $100,000. The Buffalo Sabres, Niagara Frontier Hockey Corpora- tion (hereinafter called the Sabres or the Team), is engaged in the operation of a professional hockey club and maintains its principal place of business in Buffalo, New York. On the basis of the foregoing, I find that WGR and the Sabres are, and have been at all times material herein, employers as defined in Section 2(2) of the Act, engaged in commerce within the meaning of Section 2(6) and (7) of the Act. II. THE LABOR ORGANIZATION INVOLVED Local 25, National Association of Broadcast Employees & Technicians , AFL-CIO-CLC, is a labor organization within the meaning of Section 2 (5) of the Act. III. THE ALLEGED UNFAIR LABOR PRACTICES -During the summer of 1970, WGR began negotiating with the Buffalo Sabres hockey team for the AM radio broadcast of the Sabres' games. Leon Lowenthal, vice find the motion meritorious . Accordingly, the official record is corrected in the manner indicated by counsel, and the motion is hereby made a part thereof. 194 NLRB No. 11 LOCAL 25, BROADCAST EMPLOYEES 163 president and general manager of WGR and David Forman, administrative vice president for the Sabres, handled the negotiations. While the negotiations were still in the discussion stage, the parties agreed that the play-by- play announcer would be an employee of the team and the color commentator would be an employee of WGR.3 Lowenthal suggested Phil Soisson, a staff announcer employed by WGR, as a possible selection for the color commentator job and suggested a fee of $50 per home game.4 While the negotiations were going on between the Sabres and WGR, Soisson contacted Charles Burr, then director of public relations for the Sabres, about the team policy concerning the broadcasts for the coming season. Burr testified that Soisson wanted to know how the Sabres were going to handle the broadcasts, and if they were going to sell the rights to a station or package it themselves. Soisson was interested in securing the play-by-play announcer position for himself. According to Burr, Soisson was advised that the play-by-play announcer would be a full- time employee of the team and that the Sabres would reserve the right of refusal regarding any of the announcers. Soisson was further advised that he would be considered for the job and was asked to provide Burr with a, tape of his work. Sometime during the middle summer of 1970, Burr informed Soisson that the Sabres were going to retain the broadcast rights for selling purposes. Burr again stated that the team had not made a decision regarding the play-by- play announcer beyond the fact that it was understood that he would be an employee of the team. In early September, the Sabres held a luncheon at the Buffalo Athletic Club and Ted Darling was introduced to the public as the play-by- play announcer of the games. Soisson attended the luncheon and after it ended, he talked with Burr about the color commentary. Soisson had been informed by Forman sometime before the date of the luncheon that he could have the job as color commentator. On September 8, WGR and the Sabres reduced their agreement to writing. The Team granted the radio station the right to broadcast in the Buffalo area all of the Sabres' hockey games over AM radio. Included in the agreement were the following provisions relating to personnel and equipment: 7. PERSONNEL AND EQUIPMENT (a) Announcers. We shall, subject to paragraph (b) hereof, have the exclusive right to select announcers and commentators on such broadcasts and shall have the obligation to pay all compensation due such announc- ers and commentators. (b) Notwithstanding [sic] paragraph (a), for each of 3 The color commentator provided background information and statistics about the team and conducted interviews during the intermission at the games. He also relieved the play-by-play announcer periodically during the course of a broadcast. The color commentator was only scheduled to broadcast home games of the team. 4 Soisson had prior experience as a sports broadcaster for WGR and had been the color commentator for the Buffalo Bisons' baseball team. He had also broadcast hockey games for approximately 3 years. Soisson had received $35 per game for these broadcasts. Lowenthal mentioned the $50 per game fee because he was aware that Soisson had not been happy with the lesser amount. 5 All equipment necessary for the broadcasts was supplied and the Sabres' home games only, we agree to use as one of such announcers or commentators, to be assigned and to perform the duties of color commentator, substitute play-by-play announcer, or such other duties on such broadcasts as we in our absolute discretion shall from time to time determine, Phil Soisson or such other regular employee of WGR as shall be designated by you and approved by us. We agree to pay the compensation due such announcer for such services to the extent that such compensation does not exceed $2,000 (approximately $50 per game). (c) Other Personnel. Except as provided in paragraph (b) and except for the cost described in paragraph 2(b) of this agreement, you [WGR] shall be obligated to furnish all other personnel and all equipment required or used in connection with the broadcasting of the games described in paragraph 3 and to pay all compensation and cost arising in connection therewith. Soisson began working the Sabres' hockey games with Darling in October 1970. As color commentator he was under the direction and control of the play-by-play announcer during the games. The play-by-play announcer was responsible for the broadcast format. In order to broadcast the games it was necessary for the announcers to follow certain procedures to activate the equipment .5 First the amplifier and two microphones were removed from a "lock-up" box in the broadcast booth at the auditorium. The microphones were then plugged into "jacks" in the amplifier. Four plugs were then connected to four comers of the amplifier in order to connect it to a radio telephone line which ran directly to WGR's broadcast studio. Following this, a call would be placed to the station advising the operator on duty there that the equipment was plugged in. The operator would then push a button controlling a "phantom circuit" and the circuit would become activated in order that the microphones would become "live." When home games were scheduled on weekdays, they started at 8:05 p.m. Soisson's normal shift at the radio station during the week ended at 8 p.m. Consequently he would leave the radio station at approximately 7 p.m. and go to the auditorium in order to prepare for the broadcast. When games were scheduled on the weekends, they normally started at 7:05 p.m. Soisson's shift during these periods ended at 6:30 p.m. and he normally left the radio station for the auditorium at 6 p.m. Although he left the WGR studios early when broadcasting hockey games, Soisson was always paid for working a full shift as a staff announcer.6 As noted before, Soisson was paid $50 per game. This fee was known in the broadcast industry as a talent fee and maintained by WGR. 5 Under the terms of the collective-bargaining agreement in force between the Union and WGR, Soisson's duties as a staff announcer were described as follows: 17.6 The Term "Staff Announcer" applies to any person whose duties shall include : To announce or perform on commeicial or sustaining programs including record shows; to read commercial and sustaining spot announcements ; to edit and read news and sports copy; to act as MC, man-on-the-street , etc.; to give station breaks and time signals; and to perform other duties normally required of broadcasting "Announcers." "Staff Announcers" may edit and write news in Radio, and may perform the duties of a "Sportscaster." 164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD provisions for earning talent fees were written into the collective-bargaining agreement between the Union and the WGR.7 Soisson testified that the wishes of the sponsor, or the advertising agency that packaged the program, determined whether the announcer received the amount of the fee earned in his regular payroll check from the radio station or whether it was paid directly to the employee by the sponsor. According to Soisson, after he had broadcast several games he waited for the fee payment to appear in his regular payroll check, but it was not included. Soisson went to Kirshenstein, business manager of WGR, and asked if he couldn't receive payment for the broadcasts of the games in his payroll checks. Soisson testified that Kirshenstein said the radio station would be willing to pay him in this manner, if the Sabres agreed. Soisson then went to the comptroller of the Sabres and asked if the team would agree to pay him through the radio station. He stated that after getting approval from the Sabres he went again to Kirshenstein, but was told that WGR was no longer willing to include the fee in his paycheck. He was instructed to bill the team directly for his fees. Soisson submitted a bill on November 30, 1970, and the team promptly paid him $450 covering his fees up to that point. Kirshenstem testified that the agreements between the radio station and the advertising agency or the sponsor, determined how the talent fees were paid to announcers. He stated that he was willing to try to accommodate Soisson who preferred receiving the payment from the broadcasts of the hockey games in his regular payroll check. Upon examination of the contract between the Sabres and WGR, however, he found that the team was required to pay the color commentator. Kirshenstein said he also considered the fact that WGR would have to pay social security and withholding taxes if it paid Soisson for the games on a regular payroll check. Since this amount could not be recovered from the team, Kirshenstein advised Soisson to bill the Sabres directly. The collective-bargaining agreement between the Union and the WGR expired on November 4, and the parties were unable to agree on a new contract. As a result, the members of the Union employed by WGR went on strike on November 26. Union members picketed the Municipal Auditorium during the time that hockey games were being played and broadcast from there. The picketing was immediately before and during the hockey games. The pickets were stationed at the public entrances to the auditorium which was also used by the players on the team and by the ticket sellers, ticket takers, and ushers employed by the team. The picket signs carried the following legends: 7 Regarding talent fees , the collective-bargaining agreement provided in part as follows. 23.1 "Staff Announcers," Staff Artists" and "Sportscasters" in Television shall be paid talent fees as herein provided , at the mimmum rates as herein specified . Such talent fees shall be in addition to any basic salary which may be provided or otherwise paid. In a case where performance of a specific program or announcement requires overtime work, talent fees shall be in heu of FLSA overtime, where overtime would otherwise be applicable , unless such overtime would be greater than the talent fee, in which 'event such overtime shall be paid but no ON STRIKE AGAINST WGR NABET, AFL-CIO ON STRIKE AGAINST TAFT BROADCASTING, WGR NABET, LOCAL 25, AFL-CIO Soisson also went on strike with his fellow union members and ceased to broadcast the Sabres' hockey games over WGR radio. Soisson was replaced by the Sabres as color commentator by Paul Wieland. Wieland was Burr's successor as director of public relations for the team. On December 2, James Fagan, president of the Union, called Forman at home and advised him WGR employees were on strike and they were planning to picket the auditorium the following day.8 Fagan explained that the Union was not taking action against the team, but was protesting the fact that WGR was broadcasting- the game scheduled that evening between the Sabres and the Boston Hockey Club. Fagan stated that the picketing might interfere with the TV broadcast back to Boston. Forman expressed concern regarding the radio broadcast because of sponsor commitments. Fagan told Forman that the Union was contacting advertisers on WGR to ask them to withhold advertising until the strike was settled. Fagan also suggested that there would be no need for picketing if the Sabres would transfer the broadcast of the hockey games to another radio station during the tenure of the strike. Forman promised to look into the matter and contact Fagan, but stated that he could not transfer the games- because of his contractual commitments to WGR and to the sponsors. The following day, December 3, members of the Union picketed the Municipal Auditorium between 10 a.m. and 1 p.m.9 They carried picket signs indicating that their dispute was against WGR and Taft Broadcasting Company and they picketed the main street entrance which was normally used by public patrons. Employees of several construction companies were inside the auditorium performing renova- tion work while the picketing was taking place. When these employees left for lunch, they refused to return to work because of the picketing. That evening the Union picketed the public entrances to the auditorium immediately before and during the hockey game. The Umon continued to picket all of the home games of the Sabres at the auditorium during the course of the dispute. Concluding Findings The General Counsel and the Charging Party contend that the facts of this case present a classic example of a secondary boycott violation. They rely heavily on N.L.R.B. v. Associated Musicians of Greater New York, Local 802 talent fee shall be paid... . 23.5 "Staff Announcers" in Radio shall be paid $9.00 each day in hen of regular talent payments. Talent payments for sports play-by-play will be negotiated individually as in the past. The Union had been picketing every home game since the inception of the strike on November 26 9 The Union's attorney conceded at the trial that the picketing of the auditorium during this time was an "error." He stated that the picketing was based on erroneous information, and the pickets were called off once this was recognized by the Union. LOCAL 25, BROADCAST EMPLOYEES 165 (WINS), 226 F.2d 900 (C.A. 2), to support their position. They also contend that Soisson was an employee of the Sabres when he acted in the capacity of color commentator during the hockey broadcasts.10 Under this theory, it would follow that when the Union picketed the home hockey games they were attempting to enmesh a neutral employer in their dispute with WGR. The Union, on the other hand, takes the position that the picketing was not secondary in the first instance. Since the broadcasts were being transmitted over WGR facilities and since Soisson was a WGR employee broadcasting the hockey games, the broadcasts constituted primary bargain- ing unit work. According to this premise, the broadcast booth at the Municipal Auditorium was nothing more than an outside extension of the radio station. There is no dispute, and indeed the Union admits, that the picketing of the Municipal Auditorium on December 3, between 10 a.m. and 1 p.m. constituted a violation of Section 8(b)(4) of the Act. Counsel for the Union conceded that the picketing was based on "erroneous information" and was improper. Once this became known, the picketing ceased while construction was going on at the auditorium and was only resumed during the time the hockey games were being played and broadcast over WGR. Based on these considerations it is clear that on December 3, between the hours of 10 a.m. and 1 p.m. the Union did violate Section 8(b)(4)(i) and (ii)(B) of the Act. The more important issue, however, is whether the picketing of the Municipal Auditorium immediately before and during the broadcasts of the hockey games also constituted a violation of Section 8(b)(4). I am of the opinion that the picketing did not violate this section of the Act. Although the General Counsel and the Charging Party argue that WINS controls the outcome of the instant case, I find that case to be distinguishable on its facts. In WINS a musician's local had a dispute with the radio station. The Union picketed all of the entrances (employee, delivery, and public) to Yankee Stadium, where baseball games were being held. In addition the Union also picketed all of the entrances to Eastern Parkway Rink, where boxing matches were being conducted. Both the baseball games and the boxing matches were being broadcast over station WINS. In neither instance were the striking musicians employed by or scheduled to perform at the stadium or the rink. Members of the same union, not employed by WINS, were part of a regiment band scheduled to play the national anthem at the stadium. These musicians refused to perform because of the picketing by the WINS employees. The court found that the picketing covered all entrances, "not merely the public entrances; and there was no indication from the signs carried by the pickets that employees were not being encouraged to strike." Id. p. 904. The court further found that the Moore Dry Dock " exception was not applicable because the stadium and the rink were never the situs of the dispute between the Union and WINS. The court stated: The musicians worked at the studio, which could be readily, and in fact was, picketed. The musicians never worked at either of the secondary locations , and there was no connection between the musicians and broadcasts made from the Stadium or the Rink. [Emphasis supplied.] Id., p. 906. In the instant case, however, there is a decided connection between the striking employees of WGR and the broadcasts of the hockey games from the Municipal Auditorium. Soisson was a WGR employee providing the color commentary for the broadcasts. Although the General Counsel and the Charging Party argue that Soisson was an employee of the Sabres, it is ,clear that he was not. The contract negotiated between WGR and the Sabres clearly stated that the team would employ Soisson, "or such other regular employee of WGR" as designated by WGR and approved by Sabres, as color commentator . The fee to be received by the color commentator was negotiated by WGR. The fact that Lowenthal claimed he merely "suggested" the amount of the fee in no way warrants a different conclusion. It is evident that the terms of the contract were set by mutual negotiation between WGR and the Sabres, and the amount of the fee was established by them rather than by independent negotiation between Soisson and the Team. In addition, the procedure necessary to activate the broadcasts from the auditorium further establishes a connection between the WGR and the Auditorium. The equipment belonged to WGR and it was necessary to plug into the radio transmission line and call the radio station to activate the circuit in order to make the live broadcasts. Thus, unlike the situation in the WINS case, there was a clearly defined link between WGR and the auditorium when the hockey games were being played there; both in terms of the agreement that the color commentator would be a WGR employee, and due to the transmission of the broadcasts over WGR's facilities. Because of this, there is a serious question posed concerning whether the broadcast booth at the auditorium was in fact a secondary situs or an extension of WGR's studios. In my judgment when the microphones and the transmission lines were activited during the hockey games, the broadcast booth became an extension of WGR's radio station. Thus the peaceful picketing of the public entrances to the auditorium by the members of the Union was primary picketing and as such, was protected by the proviso to Section 8(b)(4) relating to that type of picketing. But even if the auditorium were considered a secondary situs, the broadcasts would be analogous to a roving or ambulatory situs. In these circumstances I would still find that the picketing was protected and lawful. The picketing conformed with the guidelines set forth in Moore Dry Dock12 While the Board and the courts do not apply these standards mechanistically, their observance nonetheless gives insight into the question of whether there is a violation of the secondary boycott provisions of the Act . In this case the picket signs clearly stated the name of the employer with whom the Union had a dispute, the picketing was limited to the times when the hockey games were being broadcast (with the sole exception of the picketing on 10 The Charging Party describes Soisson as a "moonlighter." This most embodied in the collective-bargaining agreement. uncharitable characterization is not well taken, as it is evident that the staff 11 Sailors' Union of the Pacific, AFL (Moore Dry Dock Company), 92 announcers and sportscasters in the industry regularly earned extra fees by NLRB 547. working special events and shows. Indeed, provisions for such work were 12 See fn 11, supra. 166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD December 3), the broadcasts were being made over WGR's facilities at the time of the picketing, and the picketing was confined to the entrances to the auditorium used by the general public and patrons of the hockey games. Thus when the Union picketed the auditorium during the hockey games, it was picketing the situs where the primary work was located. In my judgment, this situs was as subject to peaceful picketing as the radio station would have been had the broadcasts originated there. Both the General Counsel and the Charging Party point tQ Fagan's conversation with Forman on December 2, as a clear indication that the Union had an unlawful secondary objective. Although Fagan told Forman that the picketing would stop if the games were broadcast over a different station, it is apparent from both his stipulated testimony and that of Forman that the Union was not picketing the Team but was picketing the broadcast of the Team' s games by WGR. It is true that a switch in radio stations could only be accomplished by a cessation of the business arrange- ment between the Sabres and WGR. But as has been observed by the Supreme Court, while the desired results of the picketing may fall literally within the statutory prohibition, "a thing may be within the letter of the statute and yet not within the statute, because not within its spirit, nor the intention of its makers." N.L.R.B. v. Fruit & Vegetable Packers & Warehousemen, Local 760, et al., 377 U.S. 58, 71-72. In the instant case the dispute was confined to the broadcasts of the hockey games by WGR, the picket signs clearly indicated that the dispute was with the radio station, there was no request that the public not patronize the hockey games, and the ticket-takers, ushers, and ticket- sellers employed by the Sabres were advised in advance that the Union's dispute was not with the team. These factors cause me to conclude that Fagan was not indicating that the Union was pursuing an unlawful secondary objective. Rather I find that Fagan was advising Forman that the Union was and would continue to picket the broadcasts of the games by WGR and if the broadcasts were made over a different station, the primary work would be removed and the picketing would cease. The right to peacefully picket the primary work at the auditorium far outweighs any interruption that may have resulted in the business relationship between the Sabres and WGR. For the reasons set forth above, I find and conclude that the Union did not violate Section 8(b)(4) of the Act when its members picketed the public entrances to the auditorium immediately preceding and during the broadcasts of the hockey games. CONCLUSIONS OF LAW 1. Taft Broadcasting Company, Inc. (WGR Radio), and Buffalo Sabres, Niagara Frontier Hockey Corporation are employers as defined by Section 2(2) of the Act engaged in 13 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 commerce within the meaning of Section 2 (6) and (7) of the Act_ 2. Local 25, National Association of Broadcast Em- ployees & Technicians, AFL-CIO-CLC, is a labor organization within the meaning of Section 2(5) of the Act. 3. By picketing the Municipal Auditorium on Decem- ber 3, 1970, at a time when employees of contractors were engaged in renovation work on the auditorium, and thereby inducing and encouraging said employees to refuse to perform services for their employers in order to force or require the Buffalo Sabres to cease doing business with WGR, the Union violated Section 8(b)(4)(i) and (ii)(B) of the Act. 4. The Union did not violate Section 8(b)(4) of the Act by picketing the public entrances to the Municipal Auditorium when hockey games were being played there by the Buffalo Sabres and were being broadcast over the facilities of WGR. 5. The above unfair labor practices committed by the Union affect commerce within the meaning of Section 2(6) and (7) of the Act. THE REMEDY Having found that the Union during the course of its lengthy picketing only violated the Act on one occasion, which was corrected and not repeated, there is a temptation to hold that a cease and desist and an affirmative order would not effectuate the policies of the Act. However, the picketing in this one instance, even though based on erroneous information, did result in a work stoppage at the auditorium and enmeshed employees of neutral employers in the dispute with WGR. I shall recommend, therefore, that the Union cease and desist from such picketing and not engage in similar activity in the future. Accordingly, upon the basis of the foregoing-findings of fact and conclusions of law, and upon the entire record in this case, pursuant to Section 10(c) of the Act, I make the following: RECOMMENDED ORDER13 Local 25, National Association of Broadcast Employees & Technicians, AFL-CIO-CLC, its officers, agents, and representatives , shall: 1. Cease and desist from picketing the Municipal Auditorium in Buffalo , New York, at times when hockey games are not being played and broadcast over WGR Radio. 2. Take the following affirmative action which I find will effectuate the policies of the Act: (a) Post at its business office and meeting halls copies of the attached notice marked "Appendix." 14 Copies of the notice, on forms provided by the Regional Director for Region 3, after being duly signed by Respondent's authorized representative, shall be posted by the Respon- dent Union immediately upon receipt thereof, and be 14 In the event that 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 be changed to read "Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." LOCAL 25, BROADCAST EMPLOYEES 167 maintained for 60 consecutive days thereafter, in conspicu- ous places, including all places where notices to members are customarily posted. Reasonable steps shall be taken by the Respondent Union to insure that said notices are not altered, defaced, or covered by any other material. (b) Mail or deliver to the Regional Director for Region 3, signed copies of said notice for posting at the Municipal Auditorium in Buffalo, New York, provided the owners or operators thereof are willing. (c) Notify the Regional Director for Region 3, in writing, within 20 days from the date of receipt of this Decision, what steps the Respondent has taken to comply herewith.15 IT IS FURTHER ORDERED that the allegations in the complaint setting forth violations not specifically found herein be dismissed. violated Federal Law by inducing, and encouraging individuals employed by contractors performing work on the Municipal Auditorium in Buffalo, New York, to refuse to perform their jobs in order to force or require the Buffalo Sabres to cease broadcasting their hockey games over WGR Radio, we hereby notify our members that: WE WILL NOT picket Municipal Auditorium at times when the Buffalo Sabres are not playing hockey games which are being broadcast over WGR Radio. 15 In the event that this recommended Order is adopted by the Board after exceptions have been filed, this provision shall be modified to read. "Notify the Regional Director for Region 3, in writing , within 20 days from the date of this Order , what steps Respondent has taken to comply herewith." APPENDIX NOTICE TO MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board having found, after a trial before a duly designated Trial Examiner, that we Dated By LOCAL 25, NATIONAL ASSOCIATION OF BROADCAST EMPLOYEES & TECHNICIANS, AFL-CIO-CLC (Labor Organization) (Representative) (Title) This is an official notice and must not be defaced by anyone. This notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. Any questions concerning this notice or compliance with its provisions may be directed to the Board's Office, Fourth Floor, The 120 Building, 120 Delaware Avenue , Buffalo, New York 14202, Telephone 716-842-3100.