Theatrical Stage Employees

THEATRICAL STAGE EMPLOYEES 299 International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada and Walt Disney World Co. Case 12-CB-1429 December 5, 1974 ' DECISION AND ORDER BY MEMBERS FANNING, KENNEDY, AND PENELLO Upon a charge filed on February 8, 1974, by Walt Disney World Co., herein called Disney World, and duly served on International Alliance of Theatrical Stage Employees and Moving Picture Machine Opera- tors of the United States and Canada, herein called the Respondent, the General Counsel of the National La- bor Relations Board, by the Regional Director for Re- gion 12, issued a complaint on April 18, 1974, against Respondent, alleging in substance that Respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Sections 8(b)(3) and 2(6) and (7) of the National Labor Rela- tions Act, as amended. Copies of the charge, complaint, and notice of hearing before an Administrative Law Judge were duly served on the parties. With respect to the unfair labor practices, the com- plaint alleges in substance as follows: On April 25, 1972, pursuant to a card check establishing majority status, Disney World extended recognition to a group of labor organizations known as Disney World Service Trades Council, hereafter called the Council, which had been organized for the purpose of bargaining col- lectively on behalf of certain of Disney World's em- ployees. The Council adopted a constitution and bylaws, which provided, inter alia, that negotiations with Disney World were to be conducted in the name of the Council, collective-bargaining agreements would be ratified by a majority vote of the Council, executed in the name of the Council, and signed by the president thereof and each of the Council affiliates. Respondent was and is a member of the Council, and a signatory to the constitution and bylaws. On June 1, 1972, the Council, including Respondent, entered into and signed a collective-bargaining agree- ment with Disney World. Thereafter, pursuant to the exercise of a reopening provision in the agreement, negotiations between the Council and Disney World commenced on September 20, 1973, culminating in a new agreement on November 19, 1973, which the Council membership ratified by a vote of 738 to 357 on November 28, 1973. Thereafter, commencing on December 1, 1973, Dis- ney World requested and continues to request that Re- spondent execute said agreement, but Respondent has refused and continues to refuse to do so. Respondent filed an answer to the complaint, in which it failed to reply to certain of the allegations therein, denied others, and set forth an affirmative de- fense, alleging that it is not legally obligated to execute the newly negotiated agreement because its affiliated Local Union No. 855, herein called Local 855, of which unit employees are members , voted to reject the agree- ment. On May 10, 1974, counsel for the General Counsel filed with the Board the instant Motion for Summary Judgment . On May 20, 1974, the Respondent filed an answer , to the Motion for Summary Judgment. . Subsequently, on May'21, 1974, the Board issued an order transferring the proceeding before it and a Notice To Show Cause why the General Counsel's motion should not be granted. Respondent filed no response to the Notice To Show Cause. Disney World, on June 11, 1974, filed a brief in support of the motion. 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. Upon the entire record in this proceeding , the Board makes the following: Ruling on the Motion for Summary Judgment In its answer to the complaint, Respondent does not controvert the factual allegations concerning the mat- ters set forth above; hence these allegations of the com- plaint will be deemed admitted and found to be true.' However, Respondent, by way of affirmative defense, contends that the members of its affiliated Lo- cal 855, who are employees included in the contractual unit, voted to reject the agreement reached between Disney World and the Council in November 1973, and hence it is not legally obligated to execute the agree- ment. We find no merit in this contention. Respondent is an admitted member of the Council and an admitted signatory to the constitution and bylaws thereof, by which it has clothed the Council with authority to act on its behalf and bind it by majority vote. The Council having ratified the agreement by a majority, the Re- spondent cannot interpose as an additional condition that it is not bound thereby unless its local's member- ship ratifies the agreement as well.' In its answer to the Motion for Summary Judgment, Respondent argues that it cannot be found in violation of Section 8(b)(3) for refusing to bargain since the Council is the admitted bargaining agent. This position, however, ignores the established procedures under the constitution and bylaws of the Council, to which it is Sec. 102.20 of the Board's Rules and Regulations, Series 8, as amended. 2 International Union of Elevator Constructors, Local No. 8, AFL-CIO (National Elevator Industry, Inc., Area No. 14), 185 NLRB 769 (1970), enfd. 465 F.2d 974 (C.A. 9, 1972). 215 NLRB No. 39 300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD an admitted signatory. The Respondent having con- sented to abide by and execute agreements ratified by a majority of the Council, indeed having done so as a result of the 1972 negotiations, and not having made a timely withdrawal from the Council, we find that the Respondent is required to honor the established proce- dures of the Council. Accordingly, by refusing to exe- cute the agreement of November 1973, the Respondent has refused to bargain in violation of Section 8(b)(3) of the Act.' Accordingly, we shall grant the General Counsel's Motion for Summary Judgment. On the basis of the entire record, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF WALT DISNEY WORLD CO. All employees employed at Disney World Co.'s "Vacation Kingdom Complex" in Bay Lake, Florida, in the job classifications of Advanced Culinary Assistant, Advanced Housekeeping- H/H, Advanced Laundry Assistant, Beverage- H/H, Beverage Preparation-H/H, Car Care-Host, Car Care-Host, Sr., Costume Specialist, Culinary Assistant, Culinary Helper, Custodial-H/H, Floor Lady, Food & Beverage Assistant, Food & Bever- age Captain, Food & Beverage-H/H, Food & Bev- erage Service-H/H, Food & Beverage Steward, Hospitality-H/H, Housekeeping-H/H, Laundry Assistant, Laundry Helper, Sales-H/H, Sales Spe- cialist, Steward, Table Lady, Walt Disney World- H/H, Wardrobe-H/H, Advanced Steward, Stage Operator; excluding all other employees, security hosts/fire prevention hosts and supervisors as de- fined in the Act. Walt Disney World Co., a Delaware corporation, is engaged in the operation of "Walt Disney World," a vacational, recreational, and entertainment complex located in the State of Florida. During the past 12- month period, in the course and conduct of its business operation, Walt Disney World Co. purchased goods and materials valued in excess of $50,000,'which goods and materials were received by it directly from points outside the State of Florida, or from local suppliers who had in turn received said goods and materials directly from points outside the State of Florida. During this same period, the gross revenue of Walt Disney World Co. was in excess of $500,000. We find, on the basis of the foregoing, that Walt Disney World Co. has been at all times material herein an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act, and that it will effectuate the policies of the Act to assert jurisdiction herein. II. THE LABOR ORGANIZATION INVOLVED The International Alliance of Theatrical Stage Em- ployees and Moving Picture Machine Operators of the United States and Canada is a labor organization within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES A. The Unit The following employees of Walt Disney World Co. constitute a unit appropriate for collective-bargaining purposes within the meaning of Section 9(b) of the Act: 3 International Union of Operating Engineers, Local 525, AF-CIO (Clark Oil & Refining Corporation), 185 NLRB 609 (1970). B. Recognition of the Union On April 25, 1972, Disney World extended recogni- tion to a group of labor organizations known as Disney World Service Trades Council as the exclusive collec- tive-bargaining representative for the employees in the above-mentioned appropriate unit. Respondent was and is a member of the Disney World Service Trades Council, and is a signatory to the constitution and bylaws thereof. C. Request and Refusal To Bargain Commencing on or about December 1, 1973, and at all times thereafter, Disney World has requested Re- spondent to execute a written collective-bargaining agreement embodying the terms of a collective-bargain- ing agreement with Disney World which a majority of the membership of the Disney World Service Trades Council ratified. On or about December 1, 1973, Re- spondent refused and has continued to refuse to execute said agreement. Accordingly, we find that, by its refusal to execute said agreement, the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(b)(3) of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICE UPON COMMERCE The activities of Respondent set forth in section III, above, occurring in connection with the operations de- scribed in section I, above, have a close, intimate, and substantial relationship to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. THEATRICAL STAGE EMPLOYEES 301 V. THE REMEDY Having found that Respondent has engaged in and is engaging in unfair labor practices within the meaning of S. ction 8(b)(3) of the Act, we shall order that it cease and desist therefrom and, upon request, execute the collective-bargaining agreement of November 19, 1973, between Disney World and the Council, of which the Respondent is a member and ratified by a majority of the membership thereof on November 28, 1973. CONCLUSIONS OF LAW 1. Walt Disney World Co. is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. International Alliance of Theatrical Stage Em- ployees and Moving Picture Machine Operators of the United States and Canada is a labor organization within the meaning of Section 2(5) of the Act. 3. All employees employed at Disney World Co.'s "Vacation Kingdom Complex" in Bay Lake, Florida, in the job classifications of Advanced Culinary Assist- ant, Advanced Housekeeping-H/H, Advanced Laun- dry Assistant, Beverage-H/H, Beverage Preparation- H/H, Car Care-Host, Car Care-Host, Sr., Costume Specialist, Culinary Assistant, Culinary Helper, Cus- todial-H/H, Floor Lady, Food & Beverage Assistant, Food & Beverage Captain, Food & Beverage-H/H, Food & Beverage Service-H/H, Food & Beverage Steward, Hospitality-H/H, Housekeeping-H/H, Laun- dry Assistant, Laundry Helper, Sales-H/H, Sales Spe- cialist, Steward, Table Lady, Walt Disney World-H/H, Wardrobe-H/H, Advanced Steward, Stage Operator; excluding all other employees, security hosts/fire pre- vention hosts and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9(b) of the Act. 4. By refusing on or about December 1, 1973, and continuing to refuse to execute a written collective- bargaining agreement between Disfley World aild the Disney World Service Trades Council as agreed upon November 19, 1973, and subsequently ratified on November 28, 1973, covering the employees in the above unit, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(b)(3) of the Act. 5. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2(6) and (7) of the Act. ORDER Pursuant to Section 10(c) of the National Labor Re- lations Act, as amended, the National Labor Relations Board hereby orders that Respondent International Al- liance of Theatrical Stage Employees and Moving Pic- ture Machine Operators of the United States and Canada, Cocoa Beach, Florida, its officers, agents, and representatives, shall: 1. Cease and desist from refusing to bargain collec- tively in good faith with Walt Disney World Co. by refusing to sign the collective-bargaining agreement of November 1973, on which the Walt Disney World Co. and the Disney World Service Trades Council, of which Respondent is a member, have agreed, or from engaging in any like or related conduct in derogation -of the statutory duty to bargain. 2. Take the following affirmative action which is deemed necessary to effectuate the policies of the Act: (a) Upon request, forthwith execute the November 1973 agreement tendered to it by Walt Disney World Co., on which agreement was reached between Walt Disney World Co. and the Walt Disney World Service Trades Council, of which Respondent is a member. (b) Post at its business offices and meeting halls co- pies of the attached notice marked "Appendix."' Co- pies of said notice, on forms provided by the Regional Director for Region 12, after being duly signed by Re- spondent's representative, shall be posted by Respond- ent immediately upon receipt thereof, and be main- tained by it for 60 consecutive days thereafter, in conspicuous places, including 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. (c) Notify the Regional Director for Region 12, in writing, within 20 days from the date of this Order, what steps have been taken to comply herewith. a In the event that this 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 NOTICE To MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT refuse to bargain collectively in good faith with Walt Disney World Co. by refus- ing to sign the collective-bargaining agreement of November 1973 on which the Walt Disney World Co. and the Disney World Service Trades Council, of which we are a member, have agreed, or from engaging in any like or related conduct in deroga- tion of the statutory duty to bargain. a DECISIONS OF NATIONAL LABOR RELATIONS BOARD 302 WE WILL, upon request, forthwith execute the November 1973 agreement tendered to us by Walt Disney World Co. on which agreement was reached between Walt Disney World Co. and the Disney World Service Trades .Council, of which we are a member. INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND MOVING PICTURE MACHINE OPERATORS OF THE UNITED STATES AND CANADA E