Freedom Wlne-Tv, Inc.

National Labor Relations Board - Board Decisions

Jun 15, 1989

295 N.L.R.B. 634 (N.L.R.B. 1989)

634 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Freedom WLNE-TV, Inc. and Donald T. Browne,
Petitioner, and Local 1228 , International Broth-
erhood of Electrical Workers, AFL-CIO,
Union. Case 1-RD-1542
June 15, 1989
DECISION ON REVIEW AND ORDER
BY MEMBERS JOHANSEN , CRACRAFT, AND
HIGGINS
On September 29, 1988, the Regional Director
for Region 1 issued a Decision and Direction of
Election in which he found , inter alia , that the de-
certification petition should be processed because
there had been a sufficient time for the parties to
engage in meaningful collective bargaining and be-
cause there were no pending charges against the
Employer. Thereafter, in accordance with Section
102.67 of the National Labor Relations Board
Rules and Regulations , the Union filed a timely re-
quest for review of the Regional Director's deci-
sion . The Union asserted that the Regional Direc-
tor should have dismissed the petition because
there had not been sufficient time for good-faith
bargaining . The election was conducted on Octo-
ber 26, 1988, and the ballots were impounded. In
an Order dated October 28, 1988, the Board grant-
ed the Union's request for review.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
The Board has considered the entire record and
concludes that the petition should be dismissed. In
view of this decision , it is unnecessary to reach the
other issues raised in the Union's request for
review.
The facts in this case are not in material dispute.
When the Employer purchased WLNE-TV in
1983, there was an existing collective-bargaining
agreement, which expired on August 16, 1983. Ne-
gotiations for a new agreement began in July and
continued through December 1983, when the Em-
ployer made its final contract proposal. In January
1984, the Union filed unfair labor practice charges,
and in March 1986, the Board affirmed an adminis-
trative law judge's findings that the Employer vio-
conditioning certain benefits on the ratification of a
new agreement and for conditioning further move-
ment in negotiations on conducting a ratification
vote.' In June 1986 , the case was closed on com-
pliance . In July 1986 and January and May 1987,
the Union filed additional charges alleging, respec-
tively, failure to meet at reasonable times to bar-
gain collectively , removal of union -related materi-
als from the company bulletin boards, and unilater-
al institution of multiple step increases . Complaints
issued in each case . The cases were combined by
the Regional Office and, in August 1987, the Em-
ployer entered into an informal settlement agree-
ment that contained a nonadmission clause and pro-
vided for a notice to employees that stated, among
other things, that it would not refuse to bargain in
good faith with the Union. Following an unsuc-
cessful challenge by the Union, the settlement was
approved by the Board on December 31, 1987. The
60-day notice -posting period ran from January 8 to
March 8, 1988. On February 11, 1988, during the
posting period, the decertification petition was
filed . There was no postsettlement bargaining ses-
sion until May 15 , 1988. On June 20, 1988, the Re-
gional Director closed the case on compliance.
Where an employer , pursuant to a settlement
agreement , has agreed to bargain with the union,
the employer must bargain with the union for a
reasonable time, and no question concerning repre-
sentation can be raised during this period . Shangri-
La Health Care Center, 288 NLRB 33(1988); Poole
Foundry & Machine Co., 95 NLRB 34, 36 (1951).
Thus, no decertification petition can be entertained
during this period. Los Angeles Tile Jobbers, 210
NLRB 789 (1974). Here, in light of the decertifica-
tion petition having been filed prior to the Employ-
er's satisfaction of its bargaining obligation pursu-
ant to the settlement agreement , a reasonable
period of time for bargaining had not elapsed
before the petition was filed, and the petition must
be dismissed.
ORDER
The petition is dismissed.
lated Section 8(a)(1) and (5) by withholding and 1 278 NLRB 1293 (1986).
295 NLRB No. 69