Motion Picture Screen Cartoonists, Local 841

National Labor Relations Board - Board Decisions

Aug 19, 1976

225 N.L.R.B. 994 (N.L.R.B. 1976)

994 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Motion Picture Screen Cartoonists , Local 841 , Inter-
national Alliance of Theatrical Stage Employees
and Moving Picture Operators of U.S. & Canada,
AFL-CIO and National Broadcasting Company,
Inc. Case 2-CB-5854
August 19, 1976
DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS FANNING
AND PENELLO
On April 28, 1976, Administrative Law Judge Max
Rosenberg issued the attached Decision in this pro-
ceeding. Thereafter, Respondent filed exceptions and
a supporting brief, and the Charging Party filed a
brief in opposition to the Respondent's exceptions.
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 briefs
and has decided to affirm the rulings, findings, and
conclusions of the Administrative Law Judge and to
adopt his recommended Order.
Section 8(b)(5) of the National Labor Relations Act, as
amended, by certain conduct to be detailed hereinafter.
Briefs have been received from the General Counsel, Re-
spondent, and the Charging Party, which have been duly
considered.
Upon the entire record made in this proceeding, includ-
ing my observation of the witnesses as they testified on the
stand, I hereby make the following.
FINDINGS OF FACT AND CONCLUSIONS
1. THE BUSINESS OF THE EMPLOYER
National Broadcasting Company, Inc., herein called
NBC, is a New York corporation. During the annual peri-
od material herein, it derived revenues in the course of its
business operations valued in excess of $1 million, and, in
the same period, purchased goods, supplies, and materials
valued in excess of $50,000 directly from firms located out-
side the State of New York The complaint alleges, the
answer admits, and I find that NBC is an employer en-
gaged in commerce within the meaning of Section 2(6) and
(7) of the Act.
11. THE LABOR ORGANIZATION INVOLVED
It is undisputed and I find that Respondent is a labor
organization within the purview of Section 2(5) of the Act.
Ill. THE ALLEGED UNFAIR LABOR PRACTICES
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 the Respondent , Motion Picture Screen
Cartoonists , Local 841, International Alliance of
Theatrical Stage Employees and Moving Picture Op-
erators of U.S. and Canada, AFL-CIO, New York,
New York, its officers , agents, and representatives,
shall take the action set forth in said recommended
Order.
DECISION
MAx ROSENBERG, Administrative Law Judge: This case
was heard before me in New York, New York, on January
22, 1976, on a complaint filed by the General Counsel of
the National Labor Relations Board and an answer inter-
posed thereto by Motion Picture Screen Cartoonists, Local
841, International Alliance of Theatrical Stage Employees
and Moving Picture Operators of U.S & Canada, AFL-
CIO, herein called the Respondent.' The sole issue raised
by the pleadings relates to whether Respondent violated
1 The complaint, which issued on November 7, 1975, is based on a charge
filed on April 29, 1975, and served on May 2, 1975
The General Counsel contends that Respondent violated
Section 8(b)(5) of the amended Act when, on or about Jan-
uary 1, 1975, it discriminatorily and excessively raised its
initiation fee for new employees thereafter hired by NBC
in classifications covered under the terms of a collective-
bargaining agreement between the parties requiring mem-
bership in Respondent as a condition of employment, from
2 weeks' salary to 4 weeks' salary. On the other side of the
barricades, Respondent denies its acknowledged escalation
of the initiation fee was offensive to the statute
There is no essential dispute of facts in this proceeding
and I find them to be as follows-
Section 8(b)(5) provides that.
It shall be an unfair labor practice for a labor organi-
zation or its agents-to require of employees covered
by an agreement authorized under subsection [8](a)(3)
the payment, as a condition precedent to becoming a
member of such organization, of a fee in an amount
which the Board finds excessive or discriminatory un-
der all the circumstances. In making such a finding,
the Board shall consider, among other relevant fac-
tors, the practices and customs of labor organizations
in the particular industry, and the wages currently
paid to the employees affected . .
It is undisputed and I find that, for at least 10 years prior
to this proceeding, the Union was the duly designated ex-
clusive bargaining representative of a unit of all graphic
artists and allied classifications employed by NBC During
the period from June 29, 1971, to February 7, 1974, NBC
225 NLRB No. 144
MOTION PICTURE SCREEN CARTOONISTS, LOCAL 841 995
and the Union were parties to a collective labor compact
covering the unit employees which provided, inter alia,
that:
The Company agrees that as a condition of employ-
ment each and every employee hired by the Company
to perform services covered by this Agreement shall be
and remain a member in good standing of the Union
on and after the thirty-first (31st) calendar day follow-
ing the beginning of his employment or on the execu-
tion date of this Agreement, whichever is later, pro-
vided, however, that nothing herein shall require the
Company to cease employing any person if the Com-
pany has reasonable grounds for believing that mem-
bership in the Union was not available to any such
employee on the same terms and conditions generally
applicable to other members; or that such employee's
membership in the Union was denied or terminated
for reasons other than failure of the employee to ten-
der periodic dues and initiation fees uniformly re-
quired.
During the timespan from January 1974 to May 23, 1975,
NBC and the Union engaged in negotiations over a new
collective-bargaining agreement and, during that period,
the above-mentioned clause remained in full force and ef-
fect.
It is further uncontroverted and I find that, on June 23,
1975, the parties executed a new contract which embodied
the union-security provision described above. Meanwhile,
on January 1, 1975, the Union increased its initiation fee
from the equivalent of 2 weeks' salary paid to graphic art-
ists at NBC to the sum of 4 weeks' salary. In April, NBC
hired two new graphic artists, Rosemary Ginley and Salva-
dor Bru. Since the execution of the latest collective agree-
ment on June 23, 1975, with that station, the Union has
demanded that Ginley and Bru, as a condition precedent
to becoming members in good standing of that labor orga-
nization, pay the enlarged fee established on January 1,
1975.
I find that, until April 1974, the NBC employees repre-
sented under the contract between the station and Respon-
dent performed solely graphic arts' work related to non-
news programming. Prior thereto, NBC had subcontracted
its news graphic arts work to a firm styled as Vizmo, House
of Animation, whose graphic arts employees were also rep-
resented by Respondent. In April 1974, NBC formed its
own News Graphic Arts Department and appointed Bever-
ly Littlewood, who had served as a graphic arts consultant
to NBC since 1972, as the manager of the newly created
department. In consequence of the termination of its sub-
contract with Vizmo, 10 graphic artists, who were then em-
ployed by Vizmo and who were members of Respondent,
were thrown out of work. With the formation of the new
department, Littlewood commenced to interview approxi-
mately 50 graphic artists for employment. Of the 10 whom
she hired out of this pool, 2 of Vizmo's employees succeed-
ed in gaining employment among the first new hires in the
infant department.
From January 1974 until June 1975, NBC and Respon-
dent engaged in negotiations over a new labor compact to
replace the one which expired on February 7, 1974. As
manager of the news graphic arts department, Littlewood
participated in those negotiations. Her testimony is unde-
nied and I find that, at a bargaining session held on April
25, 1975, Alex Shapiro, the then business agent of Respon-
dent, "suggested we [NBC] give preference to members of
[Respondent] who will be laid off from Vizmo in response
to this new department we were forming." 2 Alan Raphael,
NBC's labor relations' attorney, responded that "by law we
should not give preference and our goal was to hire the
most competent people wherever they came from." Little-
wood further testified and I find that, during late April or
early May 1974, Shapiro visited her office and demanded
that newly hired graphic artists be required to pay their
initiation fees within 2 days after their employment or else
he would close down the department.3 Littlewood replied
that Shapiro should inform these graphic artists in advance
of the time within which they must pay the fee, and sug-
gested that he pose any queries he might harbor to NBC's
labor relations department. At another bargaining con-
clave in May 1974, Shapiro insisted once more that NBC
"should circumvent the labor laws and hire people of 841
who were out of work, specifically from Vizmo." Raphael
reiterated that NBC's goal "was to hire the most competent
people wherever they came from.. . .
In June 1974, Business Agent Shapiro bacame incapaci-
tated and Gerard Salvio, Respondent's president, took over
the agent 's mantle. Between June and September 1974, Re-
spondent experienced a severe drop in employment among
its membership which ranged far beyond the eight graphic
artists who had lost their jobs with Vizmo when NBC ter-
minated its subcontract in April 1974 with that entity. In
Salvio's words, the situation, during that period was "pret-
ty bad" and caused him a "very big concern." According
to his account, approximately 50 percent of Respondent's
members were walking the streets. Broken down by classi-
fications 8 of 27 graphic artists, 60 of almost 150 animated
cartoonists, and 75 of approximately 123 members who
worked in optical or special effects were unemployed.
Members of Respondent complained to Salvio about their
unemployment plight, as a result of which he exerted every
effort to obtain positions for them. To achieve this objec-
tive, Salvio called upon Littlewood on at least two occa-
sions between June and September 1974. During these vis-
its, Salvio exhorted her to favor the employment of
Respondent's members over all others because of the de-
pressed employment scene. Littlewood reminded Salvio, as
she had Shapiro, that she "would look for the most quali-
fied individuals and interview them if they contacted me."
In the period from June to October 1974, Littlewood inter-
viewed and hired between three and four graphic artists,
none of whom had previously belonged to Respondent.4
2 Business Agent Shapiro suffered a stroke on or before June 1974 and
was retired around this time at half pay of $200 per week, which was paid to
him through December 1974
3 It should be noted that Shapiro made this demand despite the fact that
Respondent 's own constitution and bylaws afford nonmembers a grace pe-
riod of 4 months in which to pay the fee
Salvio also sought to persuade Littlewood to hire not only unemployed
graphic artists , but also optical artists and animated cartoonists Salvio con-
fessed that, despite his ardor in placing the latter classifications in NBC's
news graphic arts department, this endeavor was "risky" because of their
lack of qualifications for the positions which Littlewood desired to fill
996 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
To explain Respondent's decision to increase the initia-
tion fee on January 1, 1975, Salvio testimonially recounted
that, in August 1974, Respondent's International union, in
convention, increased the quarterly per capita dues from
$5.70 to $8.50 per member. Faced with this escalation,
Respondent's executive board met in September 1974 to
ponder ways to raise the revenues to meet the parent
organization's added tariff. Salvio suggested that the mem-
bers be assessed with an additional dues' increment, al-
though he did so without enthusiasm. None of the other
officers favored the idea, and the matter was temporarily
dropped. In December 1974, the executive board placed
the question of raising the dues to the membership. Salvio
spoke in opposition to this measure, contending that, with
half of his people out of work, "The raising of dues would
not make enough of a dent to make the union solvent "
When put to a vote, the question of the dues' increase was
summarily rejected by the membership. A substitute pro-
posal to double the initiation fee from 2 weeks' to 4 weeks'
salary, effective January 1, 1975, payable in 8 rather than 4
months, was then adopted. In purport and effect, the in-
creased initiation fee applied only to members hired into
Respondent's NBC bargaining unit on and after January 1,
1975, with current members remaining exempt from the
new fee posture.
Commencing in January 1975, and until April of that
year, Manager Littlewood interviewed approximately 19
graphic artists to fill two openings which developed in that
period. It is undenied and I find that, on March 11, 1975,
Kiffi Diamond, a graphic artist, was interviewed for a job
by Littlewood. During the session, Littlewood offered Dia-
mond a position on the staff, advising that the entrance
salary was fixed at $225 per week and that Respondent's
initiation fee was set at $900, payable in 3 months. Dia-
mond, who had never previously worked in a unionized
establishment and had never paid an initiation fee of any
kind, turned down the proffered employment because "I
felt that the dues were too high in comparison with the
salary." When asked whether had there been some indica-
tion by Littlewood that the fee payment could had been
extended over a longer period of time, Diamond would
have accepted the post, she replied, "Probably it would
have eased the pain a little but I still think it's too high."
The record establishes and I find that, during the 14
months since the creation of the news graphic arts depart-
ment, this was the first occasion on which any applicant for
employment had turned down a graphic artist position.
Shortly thereafter, Littlewood interviewed applicant Carla
Barr, who was not a member of Respondent. As in the case
of Diamond, when Barr learned of the amount of the
weekly salary as contrasted with the sum of the new initia-
tion fee, the latter rejected Littlewood's job offer.
During April 1975, NBC hired two new graphic artists,
Rosemary Ginley and Salvador Bru Inasmuch as neither
of these employees were members of Respondent, that la-
bor organization demanded that they pay the new fee as a
condition of employment. The imposition of this require-
ment triggered this litigation.
As chronicled above, Congress, in the passage of Section
8(b)(5), cautioned that labor organizations may not, as a
condition precedent to becoming a member of such organi-
zations, impose upon employees covered by a lawful
union-security agreement initiation fees which are exces-
sive or discriminatory. As a guide in determining the exces-
siveness or discriminatory nature of the fees, the National
legislature directed the Board to examine the practices and
customs of labor organizations in the particular industry,
in contrast to the wages currently paid to the employees
affected.
At the hearing, the parties stipulated and I find that a
current national cross-section evaluation of the practices
and customs of labor organizations in the graphic arts in-
dustry in assessing initiation fees, as contrasted with the
current weekly wages paid to graphic artists, reveals the
following:
Employer Union Salary Fee
1 NBC (N.Y.) Respondent $ 225 4 wks. pay
$259 (retroactive to 2-8-74) ($ 900, $1036,
$ 275 (eff. 2-8-75) $1100)
2. WPIX (N.Y) Local 3, American
Newspaper Guild
$ 158.25 $ 4
3. ABC (N.Y.) Writers' Guild of $ 255 (eff. 2-8-75) $ 300
America, East $ 270 (eff. 11-8-75)
4. CBS (N.Y.) Writers' Guild of $ 255 (eff. 2-8-75) $ 300
America, East $ 270 (eff. 11-8-75)
5. WMAL (NBC Local 350, United $ 263 $ 150
Chicago) Scenic Artists $279 (eff. 10-1-75)
6. WLS (ABC
Chicago)
Local 350, United
Scenic Artists
$ 264 $ 150
7 WBBN (CBS Local 350, United $ 269 $ 150
Chicago) Scenic Artists $285 (eff. 10-1-75)
8. WSNS
(Chicago)
NABET $ 175.50 to 230.50 $ 175
9. KNBC (NBC
L.A.)
Local 816, IATSE $ 261.50 $ 500
MOTION PICTURE SCREEN CARTOONISTS, LOCAL 841 997
10. KNXT (CBS
L.A.)
Local 816, IATSE $ 264.50 $ 500
11. KABC (ABC
L.A.)
Local 816, IATSE $ 266.50 $ 500
12. Assn. of Motion
Picture & TV
Producers (L.A.)
Local 816, IATSE $ 356.80 $ 500
13. WRC-TV (NBC Local 31, NABET $ 181.50 10% 1st
Wash., D.C.) month 's gross
Even a most cursory review of the foregoing data quickly
compels the conclusion that Respondent's new initiation
fee, which jumped from $450 to $900 on January 1, 1975,
can hardly be characterized as insubstantial. Indeed, it
may be so staggering, as evidenced by the refusals of Dia-
mond and Barr to join Littlewood's staff of graphic artists
in March 1975, as to actually preclude acceptance of em-
ployment by nonmember applicants with NBC.5 For, in at
least eight instances in which the weekly salary for employ-
ees at stations other than NBC markedly exceed that paid
to the employees here involved, the initiation fee charged
to union members at those locations is considerably less
than that imposed on Respondent's members. Thus, in the
Los Angeles area, where graphic artists are represented by
a sister local of Respondent, the employees' weekly salaries
range from $261.50 to $356.80, and yet the initiation fees
amount to only $500. And, in the Chicago area, where
weekly salaries run from $230.50 to $285, the fee is merely
$150. Moreover, in the New York area, where the graphic
artists employed by ABC and CBS earn $270 per week, the
initiation fee is only $300.
In short, on the basis of the foregoing comparison, and
the actual inhibitive effect of Respondent' s initiation fee
upon applicants Diamond and Barr, I find and conclude
that Respondent's current initiation fee, requiring the pay-
ment of 4 weeks' salary as a condition precedent to mem-
bership, is excessive and therefore violative of Section
8(b)(5) of the Act 6
The General Counsel further contends that
Respondent's new entrance fee is also discriminatory with-
in the statutory framework. For its part, Respondent
claims that the fee was escalated from 2 to 4 weeks' salary,
not by discriminatory design, but solely to bail it out of its
dire financial straits. Respondent can draw no solace from
established Board precedent to enhance this defense, for
the Board has long ago ruled that a union may not resolve
its financial problems by the exaction of excessive initia-
tion fees.' However, even were this defense available to
51 would note that, as a result of the wage increases granted to NBC's
graphic artists in February 1974 and February 1976, Respondent 's initiation
fee jumped to $ 1,036 and then to $1,100
6 American Federation of Television and Radio Artis ts, AFL-CIO (WBEN.
Inc), 208 NLRB 377 (1974)
7 See Television and Radio Broadcasting Studio Employees , Local 804 (Ra-
dio and Television Division of Triangle Publications, Inc), 135 NLRB 632.
637, In 14 ( 1962), where the Board observed
The evidence offered by the Respondent in support of its claim that the
initiation fee was required to insure enough income to enable it to
operate falls short of such support In any event we find that the
Union's financial problems may not be solved by imposition of a fee
which is either discriminatory or excessive under Section 8(b)(5)
Respondent, I am not convinced that it is supported by the
recorded facts.8
I have heretofore found that, with the termination of
NBC's subcontract with Vizmo in April 1974, 10 members
of Respondent lost their jobs with the latter entity, and
only 2 were thereafter hired by Manager Littlewood. At a
bargaining session held on April 25, 1974, Business Agent
Shapiro exhorted Littlewood to hire Vizmo's graphic artists
in preference to all other candidates for employment slots
on her staff. Littlewood and NBC Labor Relations Attor-
ney Raphael demurred and announced that the station
would give first priority to the most qualified applicants
regardless of union affiliation During a visit to
Littlewood's office in late April or early May 1974, Shapiro
demanded that, as a condition of employment with NBC
and membership in Respondent, all newly hired graphic
artists would be required to pay their initiation fees within
2 days after reporting for work on pain of Respondent's
shutting down the department, although Respondent's
constitution and bylaws grant to nonmembers a stay of 4
months in which to pay the fee. At another bargaining
colloquy in May 1974, Shapiro again insisted that NBC
"circumvent the labor laws" and employ "people of 841
who were out or work, specifically from Vizmo." Shapiro
was once more rebuffed by his bargaining adversary.
Respondent's efforts to advance the hiring of out-of-
work members did not cease with Shapiro's retirement.
When President Salvio became the Union's chief spokes-
man in bargaining relations with NBC, he, too, sought to
impress the station with the urgency of hiring unemployed
members in preference to nonmembers because, in his
words, with approximately 50 percent of his members in
the ranks of the unemployed, the situation was "pretty
bad" and this caused Salvio a "very big concern." Indeed,
in his attempt to pressure NBC into hiring out-of-work
8 Respondent 's contention that it devolved upon a new , escalated initia-
tion fee plan simply to raise the monetary level of its coffers to cover in-
creased operational costs occasioned by the payment of $200 per week to
retired Business Agent Shapiro, by the escalator rental clause in the lease
covering its office space, and by the higher per capita tax which its parent
organization voted in August 1974, hardly stands up to the test of honest
scrutiny Thus, Respondent President Salvio candidly acknowledged that,
while Shapiro 's compensation constituted the major financial burden thrust
upon the Union's treasury, both he and the executive board were fully
aware that Respondent's obligation to pay Shapiro's half-salary would abso-
lutely terminate on December 31, 1974, prior to the hike in the initiation fee
With respect to Respondent's lease agreement , Salvio stated that he exerted
no effort to contact Respondent's rental agent during the Union's financial
crisis to reach a favorable monetary adjustment to ease the strain on its
purse strings Furthermore , it seems clear that an increase in dues, imposed
on current members, would have more readily insured the Union's solvency
than an increase in the initiation fee which would affect only a scant few
new members
998 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
members in the news graphic arts department, Salvio went
so far as to demand that Littlewood employ such classifica-
tions as optical artists and animated cartoonists, even
though he conceded that their employment was a "risky"
venture due to their lack of the necessary qualifications to
perform as graphic artists. When NBC persisted in its
stance that only the most competent applicants would be
hired, without regard to their union membership, Salvio
and his executive board negatively toyed with the notion of
raising the periodic dues of its members in September 1974,
and placed this proposition before the membership in De-
cember 1974. The proposition was quickly voted down,
and the executive board thereupon adopted a proposal to
double the existing initiation fee.
In my opinion, the executive board's decision to increase
the admission fee for membership in Respondent was de-
liberately calculated to discriminate against applicants for
employment by NBC as graphic artists whose names were
foreign to Respondent's membership rolls, in order to fa-
vor the employment of its members who were then out of
work. I am fortified in this conclusion by the happenstance
that no member of Respondent who belonged to that orga-
nization before January 1, 1975, would be compelled to
pay the enlarged initiation fee. Accordingly, I conclude
that Respondent's exaction of an initiation fee of 4, rather
than 2, weeks' salary, on and after January 1, 1975, was
discriminatorily motivated and offended the provisions of
Section 8(b)(5) of the Act.9
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON
COMMERCE
The activities of Respondent set forth in section III,
above, occurring in connection with NBC's operations de-
scribed in section I, above, have a close , intimate , and sub-
stantial relationship to trade, traffic, and commerce among
the several States and tend to lead to labor disputes bur-
dening and obstructing commerce and the free flow there-
of.
V. THE REMEDY
Having found that Respondent has violated and is vio-
lating Section 8(b)(5) of the Act, I shall order that it cease
and desist therefrom and take certain affirmative action
designed to effectuate the policies of the Act.
I have found that Respondent is now, and since January
1, 1975, has been, charging an initiation fee in the sum of 4
weeks' salary which I have concluded is both excessive and
discriminatory under all the circumstances herein present-
ed. I shall therefore order that Respondent cease giving
effect to its requirement that the amount of 4 weeks' salary
be paid as the price of initiation into its membership. I
shall also recommend that all sums in excess of 2 weeks'
salary paid to Respondent, on and after January 1, 1975, as
initiation fees by individuals employed by NBC working in
classifications where membership in the Respondent is a
condition of employment, be returned to such employees,
9 Television and Radio Broadcasting Studio Employees, Local 804 (Radio
and Television Division of Triangle Publications), 135 NLRB 632 (1962)
together with 6-percent interest thereon to be computed in
the manner prescribed in Seafarers International Union of
North America, Great Lakes District, AFL-CIO, 138 NLRB
1142, fn. 3 (1962).
CONCLUSIONS OF LAW
1. NBC is an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act.
2. Respondent is a labor organization within the mean-
ing of Section 2(5) of the Act.
3. By increasing its initiation fee from 2 weeks' salary to
4 weeks' salary on January 1, 1975, and by thereafter main-
taining the fee at that level, Respondent has engaged in
and is engaging in unfair labor practices outlawed by Sec-
tion 8(b)(5) of the Act.
4. The aforesaid labor practices are unfair labor practic-
es affecting commerce within the meaning of Section 2(6)
and (7) of the Act.
Upon the foregoing findings of fact and conclusions of
law and the entire record, and pursuant to Section 10(c) of
the National Labor Relations Act, as amended, I hereby
issue the following recommended:
ORDER10
Respondent, Motion Picture Screen Cartoonists, Local
841, International Alliance of Theatrical Stage Employees
and Moving Picture Operators of U.S. & Canada, AFL-
CIO, its officers, agents, and representatives, shall:
1 Cease and desist from:
(a) Requiring payment of the sum of 4 weeks' salary as a
price of initiation from employees of NBC working in the
classifications covered by the collective-bargaining agree-
ment between Respondent and NBC requiring member-
ship in Respondent as a condition of employment, or re-
quiring any other sum which is excessive or discriminatory
under the circumstances for initiation.
(b) In any like or related manner restraining or coercing
employees in the exercise of rights guaranteed to them in
Section 7 of the Act.
2. Take the following affirmative action which I deem is
necessary to effectuate the policies of the Act.
(a) Pay to all employees of NBC working in classifica-
tions covered by the collective-bargaining agreement re-
quiring membership in Respondent as a condition of em-
ployment all sums in excess of 2 weeks' salary paid
Respondent toward the 4 weeks' salary initiation fee on or
since January 1, 1975.
(b) Preserve and, upon request, make available to the
Board or its agents, for examination or copying, all records
pertinent to, or convenient for, a determination of the
amounts so paid.
10 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
MOTION PICTURE SCREEN CARTOONISTS, LOCAL 841
(c) Post at its office in New York, New York, copies of
the attached notice marked "Appendix." 11 Copies of said
notice, on forms to be provided by the Regional Director
for Region 2, after being duly signed by Respondent's 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 members 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.
(d) Mail to the Regional Director for Region 2 copies of
the attached notice marked "Appendix" for posting by
NBC at its place of business in New York, New York, in
areas where notices to employees are customarily posted, if
NBC is willing to do so. Copies of said notice, to be provid-
ed by the Regional Director for Region 2, after being
signed by a representative of Respondent, shall be forth-
with returned to said Regional Director.
(e) Notify the Regional Director for Region 2, in writ-
ing, within 20 days from the date of this Order, what steps
have been taken to comply herewith.
11 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 read "Posted Pursuant
to a Judgment of the United States Court of Appeals Enforcing an Order of
the National Labor Relations Board "
APPENDIX
999
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT require Rosemary Ginley, Salvador
Bru, or other employees working for National Broad-
casting Company, Inc., who are covered by a collec-
tive-bargaining agreement requiring membership in
Motion Picture Screen Cartoonists, Local 841, Inter-
national Alliance of Theatrical Stage Employees and
Moving Picture Operators of U.S. & Canada, AFL-
CIO, as a condition of employment , to pay an initia-
tion fee of 4 weeks' salary.
WE WILL NOT require Rosemary Ginley, Salvador
Bru, or other employees of National Broadcasting
Company, Inc., to pay any initiation fee which is ex-
cessive or discriminatory.
WE WILL refund to all employees of National Broad-
casting Company , Inc., any amounts in excess of 2
weeks' salary paid to us as initiation fees on or since
January 1, 1975, plus 6-percent interest.
WE WILL NOT in any like or related manner restrain
or coerce employees in the exercise of their rights
guaranteed under the Act.
MOTION PICTURE SCREEN CARTOONIST, LOCAL 841,
INTERNATIONAL ALLIANCE OF THEATRICAL STAGE
EMPLOYEES AND MOVING PICTURE OPERATORS OF
U.S. & CANADA, AFL-CIO