American Guild of Variety Artists

National Labor Relations Board - Board Decisions

Feb 1, 1967

162 N.L.R.B. 1416 (N.L.R.B. 1967)

1416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
This notice must remain posted for 60 consecutive days from the date of post-
ing, and must not be altered , defaced , or covered by any other material.
If employees have any question concerning this notice or compliance with its
provisions, they may communicate directly with the Board 's Regional Office, Room
2407, Federal Office Building , 550 Main Street , Cincinnati , Ohio 45202, Telephone
684-3663.
American Guild of Variety Artists , AFL-CIO and Variety Artists
Representatives Union . Case 2-CA-10999. February 1, 1967
DECISION AND ORDER
On September 29, 1966, Trial Examiner Sidney Lindner issued
his Decision in the above-entitled case, finding that the Respondent
had engaged in and was engaging in certain unfair labor practices
and recommending that it cease and desist therefrom and take cer-
tain affirmative action, as set forth in the attached Trial Examiner's
Decision. Thereafter, the Respondent filed exceptions to the Trial
Examiner's Decision and a supporting brief.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, as amended, the National Labor Relations Board has
delegated its powers in connection with this case to a three-member
panel [Chairman McCulloch and Members Brown and Jenkins].
The Board has reviewed the rulings of the Trial Examiner made
at the hearing and finds that no prejudicial error was committed.
The rulings are hereby affirmed. The Board has considered the Trial
Examiner's Decision, the exceptions and brief, and the entire record
in this case, and hereby adopts the findings, conclusions, and recom-
mendations of the Trial Examiner.'
[The Board adopted the Trial Examiner 's Recommended Order.]
1 The record in the representation proceeding discloses the following chronology : On
January 7, 1966, the Regional Director after a hearing , issued a Decision and Direction of
Election in which he directed an election in a unit consisting of all representatives in Re-
spondent 's branch offices , excluding all office clerical employees , guards, watchmen, and
supervisors as defined in the Act. In his decision the Regional Director found that Variety
Artists Representatives Union (VARU) is a labor organization which exists for the purpose
of dealing with the Respondent concerning wages, hours , and other conditions of employ-
ment of Respondent 's employees and rejected Respondent 's assertion that VARU was formed
for a corrupt or immoral purpose . No request for review of the Regional Director's decision
or direction of an election was made to the Board as provided for in Section 102.67 of the
Board' s Rules and Regulations. Thereafter , on March 28 , 196G, the Regional Director con-
ducted an election by mail ballot among the employees in the unit . The tally of ballots dis-
closed that 11 ballots were cast for, and 2 against the VARU, with 7 ballots challenged. As
the challenged ballots were insufficient to affect the results of the election, the Regional
Director, on April 5, 1966, issued his Certification of Representative in which he found
that VARU had been selected by a majority as representative of the employees in the above-
described unit. Following the certification, Respondent refused to bargain with VARU.
162 NLRB No. 128.
AMERICAN GUILD OF VARIETY ARTISTS 1417
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
On a charge duly filed May 13, 1966, by Variety Artists Representatives Union,
herein called VARU or alternatively the Charging Party, the General Counsel of
the National Labor Relations Board by the Regional Director for the Second
Region issued a complaint, together with a notice of hearing dated June 30, 1966,
copies of which were duly served upon the parties. The complaint alleges, in sub-
stance, that the American Guild of Variety Artists, AFL-CIO, hereinafter called the
Respondent, refused to bargain with the Charging Party, in violation of Section
8(a)(5) of the Act.
Respondent's answer, as amended, admitted that it has refused to meet with rep-
resentatives of VARU for the purpose of collective bargaining.
Pursuant to notice a hearing was held in New York, New York, on August 25,
1966, before Trial Examiner Sidney Lindner. The General Counsel, the Respond-
ent, and the Charging Party were represented by counsel and were afforded full
opportunity to be heard. At that time Respondent waived its right to submit evi-
dence and all parties agreed to a stipulation of the facts substantially as set forth in
the complaint.'
It appearing, therefore, that there are no disputed issues of fact, I deem this case
submitted for decision on the pleadings and I make the following:
FINDINGS OF FACT
I. JURISDICTION
The Respondent, American Guild of Variety Artists is a labor organization main-
taining a national office and place of business at 551 Fifth Avenue, New York, New
York, and branch offices in 20 States of the United States and in Canada, where it
is, and has been at all times material herein, continuously engaged in representing
employees in the entertainment industry for the purpose of collective bargaining on
their behalf with their employers. During the past 12 months Respondent has
received per capita dues and initiation fees valued in excess of $1 million from its
members located throughout the United States and has negotiated and maintained
collective-bargaining agreements with employers having an annual gross in excess of
$500,000 and purchasing goods in excess of $50,000 from outside the State in which
they are located.
I find that Respondent is and has been at all times material herein, an employer
engaged in commerce within the meaning of Section 2(6) and (7) of the Act.
II. THE LABOR ORGANIZATION INVOLVED
The Variety Artists Representatives Union is a labor organization as defined in
Section 2(5) of the Act.
HI. THE ALLEGED UNFAIR LABOR PRACTICES
A. The representation proceeding
1. The unit
All representatives employed by Respondent in its various branch offices located
throughout the United States, excluding all office clerical employees, guards, watch-
men, and supervisors as defined in the Act, constitute an appropriate unit for the
purposes of collective bargaining.
2. The certification
In or about March 1966, a majority of Respondent's employees in the unit
described above, by a secret-ballot election conducted under the supervision of the
'One paragraph of the complaint was amended by stipulation to Indicate that welfare
funds contributed by employers throughout the country, as provided by collective-bargaining
agreements, were not received by Respondent but placed In a trust over which Respond-
ent had no control.
1418 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regional Director for Region 2, designated and selected VARU as their representa-
tive for the purpose of collective bargaining. On April 5, 1966, VARU was certi-
fied by the aforesaid Regional Director as the exclusive bargaining representative
for the employees in said unit.
3. The request to bargain
On or about April 11 and 27, 1966, by letter and on or about June 1 and 2, 1966,
by verbal representation VARU requested Respondent, through its agent and
national administrator, Dick Jones, to recognize it and bargain collectively with it
as the exclusive collective-bargaining representative of Respondent's employees in
the unit described above with respect to wages, hours, and other conditions of
employment.
4. Respondent 's refusal
Respondent has not responded to the letters and as of the date of the hearing
herein has not met with the representatives of VARU for the purpose of collective
bargaining . I find therefore that commencing on or about April 11, 1966 , and at all
times since , Respondent has refused to recognize or bargain collectively with VARU
as the exclusive bargaining representative of Respondent 's employees in the unit
described above.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of Respondent as set forth in section III, above, occurring in con-
nection with its operations set forth in section I, above, have a close, intimate, and
substantial relation 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.
V. THE REMEDY
Having found that Respondent has engaged in and is engaging in certain unfair
labor practices, I shall recommend that it cease and desist therefrom and take
affirmative action designed to effectuate the policies of the Act.
Upon the foregoing findings of fact and the entire record in the case, including
the representation proceeding, I make the following:
CONCLUSIONS OF LAW
1. American Guild of Variety Artists, AFL-CIO, is an employer engaged in
operations affecting commerce within the meaning of Section 2(6) and (7) of the
Act.
2. Variety Artists Representatives Union is a labor organization within the mean-
ing of Section 2(5) of the Act.
3. All representatives employed by Respondent in its various branch offices
located throughout the United States, excluding all office clerical employees, guards,
watchmen, and supervisors as defined in the Act, constitute a unit appropriate for
the purpose of collective bargaining within the meaning of Section 9(b) of the Act.
4. At all times since April 5, 1966, VARU has been, and is, the exclusive repre-
sentative for the purposes of collective bargaining of the employees in the unit
described above.
5. By refusing to bargain collectively with VARU as the exclusive representative
cf the employees in the appropriate unit on April 11, 1966, and thereafter, the
Respondent has engaged in and is engaging in unfair labor practices within the
meaning of Section 8(a)(5) and (1) of the Act.
6. The aforesaid unfair labor practices affect commerce within the meaning of
Section 2(6) and (7) of the Act.
RECOMMENDED ORDER
Upon the foregoing findings of fact and conclusions of law and upon the entire
record in this case and in the representation proceeding, I - recommend that the
Respondent, American Guild of Variety Artists, AFL-CIO, its officers, agents, and
successors, shall:
1. Cease and desist from:
(a) Refusing to bargain collectively with Variety Artists Representatives Union,
as the exclusive bargaining representative of its employees in the following unit:
All representatives employed by the Respondent in its various branch offices
located throughout the United States, excluding all office clerical employees,
guards, watchmen, and supervisors as defined in the Act.
AMERICAN GUILD OF V . iRIETY ARTISTS 1419
(b) Interfering with the efforts of Variety Artists Representatives Union to nego-
tiate for or represent the employees in the said appropriate unit as the exclusive bar-
gaining agent.
2. Take the following affirmative action, which I find will effectuate the policies
of the Act:
(a) Upon request , bargain collectively with Variety Artists Representatives
Union as the exclusive representative of all the employees in the appropriate unit
described above, with respect to rates of pay, wages , hours of employment, and
other conditions of employment , and if an understanding is reached , embody such
understanding in a signed agreement.
(b) Post at all its branch offices throughout the United States copies of the
attached notice marked "Appendix ." 2 Copies of said notice , to be furnished by the
Regional Director for Region 2, after being duly signed by Respondent 's represent-
ative shall be posted by it immediately upon receipt thereof , and be maintained by
it for 60 consecutive days thereafter , in conspicuous places, including all places
where notices to employees 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 2, in writing , within 20 days from
the receipt of this Decision , what steps the Respondent has taken to comply herewith .3
a In the event that this Recommended Order is adopted by the Board , the words "a
Decision and Order" shall be substituted for the words " the Recommended Order of a
Trial Examiner" in the notice . In the further event that the Board 's Order Is enforced by
a decree of a United States Court of Appeals , the words "a Decree of the United States
Court of Appeals Enforcing an Order" shall be substituted for the words "a Decision
and Order."
a In the event that this Recommended Order Is adopted by the Board , this provision shall
be modified to read : "Notify said Regional Director within 10 days from the date of this
Order , what steps the Respondent has taken to comply herewith."
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to the Recommended Order of a Trial Examiner of the National Labor
Relations Board , and in order to effectuate the policies of the National Labor Rela-
tions Act, as amended , we hereby notify our employees that:
WE WILL NOT refuse to bargain collectively with Variety Artists Representa-
tives Union, as the exclusive representative of employees in the bargaining unit
described below.
WE WILL NOT interfere with the effort of Variety Artists Representatives
Union, to negotiate for or represent as exclusive bargaining agent the employ-
ees in the bargaining unit described below.
WE WILL upon request , bargain with the above -named Union , as exclusive
representative of all the employees in the bargaining unit described below with
respect to rates of pay, wages , hours of employment , and other conditions of
employment , and if an understanding is reached , embody such an understand-
ing in a signed agreement . The bargaining unit is:
All representatives employed in the various branch offices located through-
out the United States, excluding all office clerical employees , guards, and
supervisors as defined in the Act.
AMERICAN GUILD OF VARIETY ARTISTS, AFL-CIO,
Employer.
Dated--- ---------------- By---------------------------------- --------(Representative) ( Ti tle)
This notice must remain posted for 60 consecutive days from the date of post-
ing, and must not be altered , defaced, or covered by any other material.
If employees have any question concerning this notice or compliance with its pro-
visions, they may communicate directly with the Board 's Regional Office, 745 Fifth
Avenue, New York, New York 10022, Telephone 751-5500.