Heritage Broadcasting Co.

National Labor Relations Board - Board Decisions

Sep 20, 2000

332 N.L.R.B. 23 (N.L.R.B. 2000)

332 NLRB No. 23
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Heritage Broadcasting Company of Michigan and
National Association of Broadcast Employees
and Technicians-Communications Workers of
America, AFL–CIO. Case 7–CA–43206
September 20, 2000
DECISION AND ORDER
BY CHAIRMAN TRUESDALE AND MEMBERS FOX
AND HURTGEN
Pursuant to a charge filed on July 14, 2000, the Ge n-
eral Counsel of the National Labor Relations Board is-
sued a complaint on July 18, 2000, and an erratum
thereto dated July 20, 2000, alleging that the Respondent
has violated Section 8(a)(5) and (1) of the National La-
bor Relations Act by refusing the Union’s request to bar-
gain following the Union’s certification in Case 7–RD–
3223. (Official notice is taken of the “record” in the rep-
resentation 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, with affirmative defenses, admitting in part and
denying in part the allegations in the complaint.
On August 18, 2000, the General Counsel filed a Mo-
tion for Summary Judgment. On August 22, 2000, the
Board issued an order transferring the proceeding to the
Board and a Notice to Show Cause why the motion
should not be granted. The Respondent filed a response.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Summary Judgment
In its answer the Respondent denies that it has refused
to bargain, and attacks the validity of the certification on
the basis of the Board’s disposition of certain challenged
ballots in the representation proceeding.
All representation issues raised by the Respondent
were or could have been litigated in the prior representa-
tion proceeding. The Respondent does not offer to ad-
duce at a hearing any newly discovered and previously
unavailable evidence, nor does it allege any special cir-
cumstances 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 un-
fair labor practice proceeding. See Pittsburgh Plate
Glass Co. v. NLRB, 313 U.S. 146, 162 (1941). Accord-
ingly, we grant the Motion for Summary Judgment.1
On the entire record, the Board makes the following

1 The Respondent’s request that the complaint be dismissed is there-
fore denied.
FINDINGS OF FACT
I. JURISDICTION
At all times, the Respondent, a corporation, with an of-
fice and place of business in Cadillac, Michigan, herein
called the Respondent’s Cadillac facility, and various
broadcast facilities located throughout the State of
Michigan, is engaged in the operation of television
broadcast stations.
During the calendar year ending December 31, 1999,
the Respondent, in the course and conduct of its business
operations described above, received gross revenue in
excess of $100,000 and during the same period of time,
paid licensing fees in excess of $50,000 directly to Co-
lumbia Broadcasting System, an enterprise located out-
side the State of Michigan.
We find that the Respondent is an employer engaged
in commerce within the meaning of Section 2(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 decertification election held February
10, 2000, the Union was certified on June 21, 2000, as
the exclusive collective-bargaining representative of the
employees in the following appropriate unit:

All full-time and regular part-time newspersons, engi-
neers, technicians, director switchers, camerapersons,
artists, production employees, film employees, film
editors, film photographers, and all persons who regu-
larly appear on camera and on microphone employed
by the Employer at its facilities located on Dighton
Road, Cadillac, Michigan, at Heritage Building, Sault
Ste. Marie, and Goetzville, Mt. Pleasant and Traverse
City, Michigan, and building maintenance employees
as defined in the NLRB Certification 7–RC–13514; but
excluding office clerical employees, traffic continuity
employees, media consultants, receptionists, producer-
directors, professional employees, guards and supervi-
sors as defined in the Act.

The Union continues to be the exclusive representative un-
der Section 9(a) of the Act.
B. Refusal to Bargain
Since February 10, 2000, the Union has requested the
Respondent to bargain, and, since July 7, 2000, the Re-
spondent has failed and refused. We find that this refusal
constitutes an unlawful refusal to bargain in violation of
Section 8(a)(5) and (1) of the Act.
CONCLUSION OF LAW
By refusing on and after July 7, 2000, to bargain with
the Union as the exclusive collective-bargaining repre-
sentative of employees in the appropriate unit, the Re-
spondent has engaged in unfair labor practices affecting
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2
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
8(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.
To ensure that the employees are accorded the services
of their selected bargaining agent for the period provided
by the law, we shall construe the initial period of the cer-
tification 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).
ORDER
The National Labor Relations Board orders that the
Respondent, Heritage Broadcasting Company of Michi-
gan, Cadillac, Michigan, its officers, agents, successors,
and assigns, shall
1. Cease and desist from
(a) Refusing to bargain with National Association of
Broadcast Employees and Technicians-Communications
Workers of America, AFL–CIO, as the exclusive bar-
gaining representative of the employees in the bargaining
unit.
(b) In any like or related manner interfering with, re-
straining, 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 exclu-
sive representative of the employees in the following
appropriate unit on terms and conditions of employment,
and if an understanding is reached, embody the under-
standing in a signed agreement:

All full-time and regular part-time newspersons, engi-
neers, technicians, director switchers, camerapersons,
artists, production employees, film employees, film
editors, film photographers, and all persons who regu-
larly appear on camera and on microphone employed
by the Employer at its facilities located on Dighton
Road, Cadillac, Michigan, at Heritage Building, Sault
Ste. Marie, and Goetzville, Mt. Pleasant and Traverse
City, Michigan, and building maintenance employees
as defined in the NLRB Certification 7–RC–13514; but
excluding office clerical employees, traffic continuity
employees, media consultants, receptionists, producer-
directors, professional employees, guards and supervi-
sors as defined in the Act.

(b) Within 14 days after service by the Region, post at
its facility in Cadillac, Michigan, copies of the attached
notice marked “Appendix.”2 Copies of the notice, on
forms provided by the Regional Director for Region 7
after being signed by the Respondent’s authorized repre-
sentative, shall be posted by the Respondent and main-
tained 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. In the event
that, during the pendency of these proceedings, the Re-
spondent has gone out of business or closed the facility
involved in these proceedings, the Respondent shall du-
plicate and mail, at its own expense, a copy of the notice
to all current employees and former employees employed
by the Respondent at any time since July 7, 2000.
(c) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.

Dated, Washington, D.C. September 20, 2000

John C. Truesdale, Chairman

Sarah M. Fox, Member

Peter J. Hurtgen, Member

(SEAL) NATIONAL LABOR RELATIONS BOARD

APPENDIX
NOTICE TO EMPLOYEES
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 vio-
lated the National Labor Relations Act and has ordered us to
post and abide by this notice.

WE WILL NOT refuse to bargain with National Associa-
tion of Broadcast Employees and Technicians-Comm-
unications Workers of America, AFL–CIO, as the ex-
clusive representative of the employees in the bargaining
unit.

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 Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
HERITAGE BROADCASTING CO. OF MICHIGAN 3
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exe rcise 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 bar-
gaining unit:

All full-time and regular part-time newspersons, engi-
neers, technicians, director switchers, camerapersons,
artists, production employees, film employees, film
editors, film photographers, and all persons who regu-
larly appear on camera and on microphone employed
by us at our facilities located on Dighton Road, Cadil-
lac, Michigan, at Heritage Building, Sault Ste. Marie,
and Goetzville, Mt. Pleasant and Traverse City, Michi-
gan, and building maintenance employees as defined in
the NLRB Certification 7-RC-13514; but excluding of-
fice clerical employees, traffic continuity employees,
media consultants, receptionists, producer-directors,
professional employees, guards and supervisors as de-
fined in the Act.

HERITAGE BROADCASTING COMPANY OF
MICHIGAN