Theatrical Protective Union No. 1, Etc.

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.