Theatrical Protective Union No. 1, Etc.

National Labor Relations Board - Board Decisions

Jul 28, 1959

124 N.L.R.B. 249 (N.L.R.B. 1959)

THEATRICAL PROTECTIVE UNION NO. 1, ETC. 249
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9(c) (1) and Section2(6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within Section
9(b) of the Act : All production and maintenance employees of the
Employer employed at its laundry, and dry cleaning plant and at its
retail stores in the Baltimore, Maryland, area, including salesmen,
drivers, retail store clerks, and production clerks, but excluding office-
clerical and professional employees, watchmen, guards, and super-
visors as defined in the Act.10
[Text of Direction of Election omitted from publication.]
10 The unit description conforms to the stipulation of the parties.
Theatrical Protective Union No. 1, International Alliance of The-
atrical Stage Employees and Moving Picture Machine Opera-
tors of the United States and Canada , AFL-CIO and Columbia
Broadcasting System, Inc. Case No. 2-CD-161. July 28, 1959
DECISION AND DETERMINATION OF DISPUTE
This proceeding arises under Section 10(k) of the Act, which pro-
vides that "Whenever it is charged that any person has engaged in an
unfair labor practice within the meaning of paragraph (4) (D) of
Section 8 (b), the Board is empowered and directed to hear and deter-
mine the dispute out of which such unfair labor practice shall have
arisen...."
On February 6, 1958, Columbia Broadcasting System, Inc., herein
called CBS, filed a charge with the Regional Director for the Second
Region, alleging that Theatrical Protective Union No. 1, International
Alliance of Theatrical Stage Employees and Moving Picture Machine
Operators of the United States and Canada, AFL-CIO, herein called
Local 1, had engaged in and was engaging in certain unfair labor
practices within the meaning of Section 8(b) (4) (D) of the Act.
Thereafter, pursuant to Section 10(k) of the Act and Sections
102.71 and 102.72 of the Board's Rules and Regulations, the Regional
Director investigated the charges and provided for an appropriate
hearing upon due notice. The hearing was held before I. L. Broadwin,
hearing officer, on March 17, 1959, at New York City. All parties
appeared at the hearing and were afforded full opportunity to be
heard, to examine and cross-examine witnesses , and to adduce evidence
124 NLRB No. 29.
250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bearing on the issues .' The rulings of the hearing officer are free from
prejudicial error and are hereby affirmed. Briefs have been filed by
CBS and Local I.
Upon the entire record in this case, the Board 2 makes the following :
FINDINGS OF FACT
1. CBS is engaged in commerce within the meaning of the Act.
2. Local 1 and Local 1212 are labor organizations within the mean-
ing of the Act.
3. The dispute :
The Facts
,CBS is engaged in television broadcasting and owns studios in New
York City from which television programs regularly originate. All
lighting work within these studios is performed by stage electricians
who are members of Local 1. Some CBS broadcasts originate from
outside the studios and they are known as remote broadcasts. The
placement, installation, and operation of lights for remote broadcasts
has been the subject matter of a long-standing dispute between Local
1 and Local 1212. This case involves just such a dispute and concerns
the lighting work to be performed in connection with the "Let's Take
a Trip" program scheduled for telecast on February 2, 1958, from
the SS United States at a New York City pier. CBS had decided to
assign this lighting work to electricians on its technical crew who
were members of Local 1212. Upon learning of this fact, Local 1
sought the work and, when it was denied them, picketed the pier
where the SS United States was docked on February 1, for the ad-
mitted purpose of forcing CBS to assign the lighting work to
employees who were its members. Because of the picket line, long-
shoremen and painters employed by the United States Lines refused
to board the ship to perform loading and necessary maintenance work.
In view of this, and unable to effect a settlement of the dispute, United
States Lines decided against the telecast. The picketing thereupon
ceased.
On February 14, 1952, Local 1212 was certified as the statutory rep-
resentative of all technicians in certain departments of CBS, exclud-
ing lighting directors and special visual effects employees in New
York City, and also excluding stagehands.' On May 1, 1958, CBS
'The hearing officer granted a motion to Intervene by Radio & Television Broadcast
Engineers Union , Local 1212, International Brotherhood of Electrical Workers, AFL-
CIO, herein called Local 1212.
3 Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, the
Board has delegated its powers In connection with this proceeding to a three -member
panel [Chairman Leedom and Members Bean and Jenkins].
3 In an earlier case involving the same parties herein , the Board held that Local 1212's
certification "does not include the work of operating lights on remote telecasts." See
Radio i Television Broadcast Engineers Union, Local 121 2 , International Brotherhood
of Electrical Workers, AFL-CIO (Columbia Broadcasting System, Inc .), 119 NLRB
594.
THEATRICAL PROTECTIVE UNION NO. 1, ETC. 251
and Local 1212 entered into their most recent bargaining agreement,
effective from February 1, 1958, to January 31, 1961. It contains the
following provisions :
. .. Jurisdiction : The work covered by this agreement shall
include all of the following work : (a) In connection with the
installation . . . operation, maintenance and repair of radio
broadcast, television, sound effects, facsimile and audio equip-
ment and apparatus by means of which electricity is applied in
the transmission, transference, production or reproduction of
voice, sound and/or vision... .
The Employer will not enter into any contracts or agreements
granting or altering jurisdiction over the disputed area of remote
lighting in New York City or take any other action changing
the status quo, until the unions involved (Local 1, IATSE and
Local 1212, IBEW) have had full opportunity to work out this
problem to the mutual satisfaction of all parties.
Local 1 holds no certification covering CBS stagehands but it is,
recognized by CBS as the bargaining representative of those em-
ployees. On January 20, 1958, CBS and Local 1, entered into their
most recent bargaining agreement, effective from January 1, 1958,.
to December 31,1960. This contract contains the following provisions::
1. Scope of Agreement. This agreement covers and is limited.
to the employment by the Company of television shop heads,
head stage hands, stage carpenters, stage electricians, stage prop-
erty men, television stage and shop apprentices and extra men,
in connection with the presentation of television performances at
its television stages or shops in New York City and at such other
theatres or spot locations in New York City as may be mutually
agreed upon.
Jurisdiction (a) The jurisdiction of stage carpenters covers
the maintenance, repair, placement and any operation of back-
grounds, platforms and other structures forming part of the
scenery or the set picked up by the camera in connection with
such television performances. The jurisdiction of stage elec-
tricians covers the maintenance, repair, placement and operation
of spotlights and other lighting devices used to light the set
in connection with such television performances. . . .
(C) It is understood that paragraph 1 (scope of agreement)
and this paragraph 3 are intended to include the practice of the
Company with respect to these paragraphs which are presently
existing or which may hereafter be mutually agreed upon.
When the contract was executed, the parties thereto also signed a
letter from CBS to Local 1 which reads :
252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
This letter will set forth our understanding as follows : The
Company will not enter into any contracts specifically granting
or altering jurisdiction over the disputed areas of remote lighting
until the unions involved have had full opportunity to work out
this problem to the mutual satisfaction of all parties.
During negotiations leading to the above-mentioned contracts both
Local 1 and Local 1212 asserted a claim of jurisdiction over remote
lighting and insisted upon a contractual provision granting this de-
mand. CBS took the same position with respect to each union, namely,
that the jurisdiction over the work had been the subject of dispute
between the two unions for many years and that, because of the
conflicting claims, it would not accede to the demands of either but
would retain the basic power of assigning the work until the unions
reached a settlement of the issue. For at least the past 9 years, CBS
has followed the practice of assigning lighting work on remote broad-
casts to Local 1 where scenery, stage effects, and stage hands are em-
ployed, and to Local 1212 where no scenery or other stage properties
and effects are required and where no stage hands are employed.4 The
"Let's Take a Trip" program scheduled for February 2 was a "bare"
remote broadcast, i.e., the pickup of a place as it is without change;
no scenery, props, or stage hands were to be employed. In accord
with its practice, therefore, CBS assigned the lighting work on this
broadcast to electricians who were members of Local 1212.
CONTENTIONS OF THE PARTIES
CBS and Local 1212 contend that the picket line activity by Local
1 was designed to force a change in the assignment of work to which
it was not entitled and that Local 1 thereby 'violated Section
8(b) (4) (D) of the Act.
Local 1 seeks to justify its conduct complained about herein on the
basis of "its collective bargaining contract, past practices and all the
circumstances surrounding the negotiation. and consummation of the
contract."
APPLICABILITY OF THE STATUTE
The charge, which was duly investigated by the Regional Director,
alleges a violation of Section 8 (b) (4) (D). of the Act and the Regional
Director was satisfied upon the basis of such investigation that there
was reasonable cause to believe that a violation of Section 8 (b) (4) (D)
of the Act had been committed.
The record before us establishes that there is reasonable cause to
believe that Local 1, by its picketing, induced and encouraged em-
ployees of United States Lines to engage in a concerted refusal to
perform services in order to force or require CBS to assign certain
4 Such telecasts include horse races, baseball games, football matches, and visits to
places of interest , including ships.
THEATRICAL PROTECTIVE UNION NO. 1, ETC. 253
remote lighting work to members of Local 1 although CBS had as-
signed this work to employees who are members of Local 1212. Such
circumstances are sufficient to invoke the Board's jurisdiction to hear
and determine a dispute within the meaning of Section 8(b) (4) (D)
and 10 (k) of the Act. We find, therefore, that the dispute in question
is properly before us for determination under Section 10 (k) of the
Act.
MERITS OF THE DISPUTE
As indicated above, Local 1 has no Board order or certification
entitling it to the work in dispute. Nor is it entitled to the work,
as it claims, by virtue of its contract with CBS and the circumstances
surrounding the contract's execution. Local 1 had demanded that
the contract should expressly assign the work to it but CBS refused
to yield to this demand. By the contract which it signed with Local 1,
as appears above, CBS in effect maintained the status quo with respect
to the assignment of lighting work on remote broadcasts. Such a con-
tract plainly cannot serve Local 1 as a defense herein, for a written
contract offered as a defense in a 10(k) proceeding must provide for
the assignment of the work in issue in clear and unambiguous terms.'
Moreover, even the past practice of CBS in assigning lighting work
on remote broadcasts upon which Local 1 relies does not favor Local 1.
We therefore find that Local 1 is not entitled, by means proscribed
by Section 8(b) (4) (D), to force or require CBS to assign the disputed
work to its members.' However, we are not by this action to be re-
garded as "assigning" the work in question to Local 1212.
DETERMINATION OF DISPUTE 7
On the basis of the foregoing findings of fact and the entire record
in this case, the Board makes the following determination of dispute
pursuant to Section 10(k) of the Act :
1. Theatrical Protective Union No. 1, International Alliance of
Theatrical Stage Employees and Moving Picture Machine Operators
of the United States and Canada, AFL-CIO, and its agents, are
not and have not been entitled, by means proscribed by Section
8(b) (4) (D) of the Act, to force or require Columbia Broadcasting
System, Inc., to assign the work of setting up and operating lighting
equipment on remote telecasts to its members rather than to other
CBS employees, who are members of Radio & Television Broadcast
5 United Brotherhood of Carpenters & Joiners of America, Local Union No. 978, AFL-
010 et al. (Markwell & Hartz Contractors), 120 NLRB 610.
6 See Radio it Television Broadcast Engineers Union, Local 1212, International Broth-
erhood of Electrical Workers, AFL-CIO (Columbia Broadcasting System, Inc.) supra;
National Association of Broadcast Engineers and Technicians, CIO (National Broadcast-
ing Company), 103 NLRB 479.
7 Local 1 contends that CBS is not entitled to any "relief" for the reason that it
refused to "define the lines of jurisdiction" and "must bear the responsibility" for the
dispute herein. This contention is rejected as being plainly without merit.
254 DECISIONS Or NATIONAL LABOR RELATIONS BOARD
Engineers Union, Local 1212, International Brotherhood of Electrical
Workers, AFL-CIO.
2. Within 10 days from the date of this Decision and Determina-
tion of Dispute, Local 1 shall notify the Regional Director for the
Second Region in writing, whether or not it will refrain from forcing
or requiring CBS, by means proscribed by Section 8 (b) (4) (D) of
the Act, to assign the disputed work to its members rather than to
other employees of CBS, who are members of Local 1212.
Chicago North Side Newspapers and Chicago Newspaper Guild,
Local 71 AFL-CIO, Petitioner . Case No. 13-RC-6449. July 28,
1959
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Jewel G. Maher, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Pursuant to Section 3(b) of the National Labor Relations Act, the
Board has delegated its power herein to a three-member panel [Chair-
man Leedom and Members Bean and Jenkins].
Upon the entire record in this case the Board finds :
1. Chicago North Side Newspapers appears to be the trade name
for Lincoln-Belmont Publishing Co., Inc., Myers Publishing Co.,
W. L. Johnson Publishing Co., and Neighborhood Press. Leo Lerner
is the sole stockholder in the Lincoln-Belmont Publishing Co., Inc.,
which in turn owns the controlling interest in Myers Publishing Co.
W. L. Johnson Publishing Co. is a division of Myers Publishing Co.,
and Neighborhood Press is a wholly owned subsidiary of Myers Pub-
lishing Co.
Leo Lerner is president of Lincoln-Belmont Publishing Co. and
Myers Publishing Co., his brother, Edward Lerner, and his wife,
Deanna Lerner, are vice president and secretary, respectively, of the
two corporations. Leo Lerner is editor and publisher and has general
supervision of all newspapers published by all the companies in-
volved; Edward Lerner is his associate and assistant in supervising
the operations of the various companies; Edmund Rover is comp-
troller, and one Brookstone is auditor of all the companies.
The parties stipulated that Lincoln-Belmont Publishing Co., Inc.,
contracts with Myers Publishing Co. to print newspapers published
by Lincoln-Belmont, that Myers also prints newspapers published by
Myers and W. L. Johnson. Leo Lerner testified that Myers, through
..a contractual arrangement, uses presses for its printing which are
124 NLRB No. 24.