Motion Picture Screen Cartoonists, Local 841

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 Artists, 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