Chicago Education Television Assn.

304 NLRB No. 121 CDO D- *2269 Ch/icago, IL UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD WFMT, X DIVISION OF CHICAGO EDUCATION TELEVISION ASSOCIATION and AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS, CHICAGO LOCAL, AFL-+CIO, Case 13-CA-30245 august 1991 DECISION AND ORDER By Members Cracraft, Devaney and Oreatt On June 6, 1991, the General Counsel of the National Labor Relations Board issued a complaint alleging that the Respondent has violated Section 8(a)(5) and (1) of the National Labor Relations Act by refusing the Union's request to bargain and to supply necessary and relevant information following the Union's certification in Case 13--RC--17937. (Official notice is taken of the ''record'' in the representation proceeding as defined in the Board's Rules and Regulations, Secs. 102.68 and 102.69(g); Frontier Hotel, 265 NLRB 343 (1982). ) The Respondent filed an answer admitting in part and denying in part the allegations in the complaint. On July 29, 1991, the General Counsel filed a Motion for Summary Judgment. On August 1, 1991, the Board issued an order transferring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. On August 15, 1991, the Respondent filed a response. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. 304 NLRB No. 121 D--2269 Ruling on Motion for Summary Judgment In its answer and response to the Notice to Show Cause the Respondent admits its refusal to bargain and to furnish information, but attacks the validity of the certification on the basis of its objections to the election in the representation proceeding. In addition, the Respondent in its answer denies the allegation that the information requested by the Union is necessary and relevant to its function as exclusive collective-bargaining representative. All representation issues raised by the Respondent were or could have been litigated in the prior representation proceeding. The Respondent does not offer to adduce at a hearing any newly discovered and previously unavailable evidence, nor does it allege any special circumstances that would require the Board to reexamine the decision made in the representation proceeding. We therefore find that the Respondent has not raised any representation issue that is properly litigable in this unfair labor practice proceeding. See Pittsburgh Plate Glass Co. V. NLRB, 313 U.S. 146, 162 (1941). Although the Respondent in its answer also denies that the information requested by the Union is necessary and relevant, it is well established that wage and employment information of the kind requested by the Union is presumptively relevant and must be furnished on request 1 Accordingly, we grant the Motion 1 See, e.g., Masonic Hall, 261 NLRB 436 (1982); Mobay Chemical Corp., 233 NLRB 109 (1977). The Union requested the following information from the Respondent: (1) a summary of all benefits offered by WFMT to employees; (2) all current summary plan descriptions applicable to employees; (3) all benefit plan documents; (4) all other benefit plan descriptions; (5) copies of all personal service contracts between WFMT and any bargaining unit employees; (6) copies of all personnel manuals, employment policies, or similar materials concerning employment at WFMT; and (7) salaries of all covered employees, including date and amount of most recent wage increase. D--2269 for Summary Judgment. On the entire record, the Board makes the following Findings of Fact I. Jurisdiction The Respondent, a not-for-profit corporation with an office and place of business in Chicago, Illinois, has been engaged in the operation of a radio station. During the calendar year preceding issuance of the complaint, the Respondent in the course and conduct of its business operations derived gross revenues in excess of $100,000, and performed and sold services valued in excess of $50,000 directly to various enterprises located in States other than the State of Illinois. We find that the Respondent is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act and that the Union is a labor organization within the meaning of Section 2(5) of the Act. II. Alleged Unfair Labor Practices A. The Certification Following the election held March 1, 1990, the Union was certified on January 16, 1991, as the collective-bargaining representative of the employees in the following appropriate unit: All full-time and regular part-time Chicago-based employees employed by the Employer whose facility is currently located at 303 E. Wacker Drive, Chicago, Illinois, but excluding Senior Vice-President and General Manager, Vice-President of Finance, General Sales Manager, Program Director, Director of Fine Arts Network, professional employees, managerial employees, guards and supervisors as defined in the Act. The Union continues to be the exclusive representative under Section 9(a) of the Act. D--2269 B. Refusal to Bargain Since on or about February 22, 1991, the Union has requested the Respondent to bargain and to furnish information, and, since on or about the same day, the Respondent has refused. We find that this refusal constitutes an unlawful refusal to bargain in violation of Section 8(a)(5) and (1) of the Act. Conclusions of Law By refusing on and after February 22, 1991, to bargain with the Union as the exclusive collective-bargaining representative of employees in the appropriate unit and to furnish the Union requested information, the Respondent has engaged in unfair labor practices affecting commerce within the meaning of Section 8(a)(5) and (1) and Section 2(6) and (7) of the Act. Remedy Having found that the Respondent has violated Section (a) (5) and (1) of the Act, we shall order it to cease and desist, to bargain on request with the Union, and, if an understanding is reached, to embody the understanding in a signed agreement. We also shall order the Respondent to furnish the Union the information requested. To ensure that the employees are accorded the services of their selected bargaining agent for the period provided by law, we shall construe the initial period of the certification as beginning the date the Respondent begins to bargain in good faith with the Union. Mar-Jac Poultry Co., 136 NLRB 785 (1962); Lamar Hotel, 140 NLRB 226, 229 (1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert. denied 379 U.S. 817 (1964); Burnett Construction Co., 149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (10th Cir. 1965). D--2269 ORDER The National Labor Relations Board orders that the Respondent, WFMT, a division of Chicago Education Television Association, Chicago, Illinois, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Refusing to bargain with American Federation of Television and Radio Artists, Chicago Local, AFL--CIO as the exclusive bargaining representative of the employees in the bargaining unit, and refusing to furnish the Union information that is relevant and necessary to its role as the exclusive bargaining representative of the unit employees. (b) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act. (a) On request, bargain with the Union as the exclusive representative of the employees in the following appropriate unit on terms and conditions of employment and, if an understanding is reached, embody the understanding in a signed agreement: All full-time and regular part-time Chicago-based employees employed by the Employer whose facility is currently located at 303 E. Wacker Drive, Chicago, Illinois, but excluding Senior Vice-President and General Manager, Vice-President of Finance, General Sales Manager, Program Director, Director of Fine Arts Network, professional employees, managerial employees, guards and supervisors as defined in the Act. (b) On request, furnish the Union information that is relevant and necessary to its role as the exclusive representative of the unit employees. D--2269 (c) Post at its facility in Chicago, Illinois, copies of the attached notice marked ''Appendix. 2 Copies of the notice, on forms provided by the Regional Director for Region 13, after being signed by the Respondent's authorized representative, shall be posted by the Respondent immediately upon receipt and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. (d) Notify the Regional Director in writing within 20 days from the date of this Order what steps the Respondent has taken to comply. Dated, Washington, D.C. August 27, 1991 Mary Miller Cracraft, Member Dennis M. Devaney, Member Clifford R. Oviatt, Jr., Member NATIONAL LABOR RELATIONS BOARD (SEAL) 2 If 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. D--2269 APPENDIX NOTICE TO EMPOYEES Posted by Order of the National Labor Relations Board An Agency of the United States Government The National Labor Relations Board has found that we violated the National Labor Relations Act and has ordered us to post and abide by this notice. WE WILL NOT refuse to bargain with American Federation of Television and Radio Artists, Chicago Local, AFL--CIO as the exclusive representative of the employees in the bargaining unit, and WE WILL NOT refuse to furnish the Union information that is relevant and necessary to its role as the exclusive bargaining representative of the unit employees. WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights guaranteed you by Section 7 of the Act. WE WILL, on request, bargain with the Union and put in writing and sign any agreement reached on terms and conditions of employment for our employees in the bargaining unit: All full-time and regular part-time Chicago-based employees employed by the Employer whose facility is currently located at 303 E. Wacker Drive, Chicago, Illinois, but excluding Senior Vice-President and General Manager, Vice-President of Finance, General Sales Manager, Program Director, Director of Fine Arts Network, professional employees, managerial employees, guards and supervisors as defined in the Act. WE WILL, on request, furnish the Union information that is relevant and necessary to its role as the exclusive representation of the unit employee. WFMT, A DIVISION OF CHICAGO EDUCATION TELEVISION ASSOCIATION (Employer) Dated By (Representative) (Title) This is an official notice and must not be defaced by anyone. This notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. Any questions concerning this notice or compliance with its provisions may be directed to the Board's Office, 200 West Adams Street, Suite 800, Chicago, Illinois 60606-5208, Telephone 312--353--7597.