Local Union 45

National Labor Relations Board - Board Decisions

Aug 28, 1979

244 N.L.R.B. 669 (N.L.R.B. 1979)

lOCAL tNION 45
Local Union 45, International Brotherhood of Electri-
cal Workers and KHJ-TV. Dihision of RKO Gen-
eral, Inc. and Directors Guild of America, Inc. (Case
31 CD 193
August 28, 1979
D)ECISION AND ORDER
BY CHAIRMAN FANNING(; AND) MMBIM RS J ENKINS
AND MURPI'IIY
Upon a charge filed on May 3, 1978, b KHJ TV.
Division of RKO General Inc., herein called the Em-
ployer or KHJ TV, and duly served on Local Union
45, International Brotherhood of Electrical Workers.
herein called Respondent, the General Counsel of the
National Labor Relations Board, by the Regional Di-
rector for Region 31, issued a complaint and notice of
hearing on February 9, 1979, against Respondent, al-
leging that Respondent had engaged in and was en-
gaging in unfair labor practices affecting commerce
within the meaning of Section 8(b)(4)(D) and Section
2(6) and (7) of the National Labor Relations Act, as
amended. Copies of the charge, complaint, and notice
of hearing were duly served on the parties to this pro-
ceeding.
With respect to the unfair labor practices, the com-
plaint alleges in substance that on or about May 2,
1978, Respondent violated Section 8(b)(4)(D) of the
Act by threatening to strike the Employer if the work
of operating keyboards of electronic character gener-
ators at the Employer's television station in Los An-
geles, California, was not assigned to employees who
are memrbers of, or represented by, Respondent. The
complaint also alleges that the object of this conduct
is to force or require the Employer to assign the work
to employees who are members of or represented by
Local Union 45, International Brotherhood of Elec-
trical Workers, rather than to employees who are
members of, or represented by. Directors Guild of
America, Inc. (herein called DGA). The complaint
further alleges that Respondent failed and refused to
abide by the Board's Decision and Determination of
Dispute' in the underlying 10(k) proceeding which
awarded the disputed work to employees represented
by DGA, and has continued to demand that the Em-
ployer assign the disputed work to employees who are
members of, or represented by, Respondent. On April
11, 1979, Respondent filed its answer to the complaint
admitting in part, and denying in part, the allegations
in the complaint.
On April 19, 1979, the parties entered into a stipu-
lation and moved to transfer the proceeding to the
Board. The parties agreed that the charge; the record
'239 NLRB 863 1978).
of the proceeding below. including the transcript. ex-
hibits, and briefs in the 10(k) proceeding (Cases 31
CD 192 and 31 CD- 193): the Board's Decision and
Determination of Dispute in Directors Guild of,4 ,cmr-
ica, 1,nc. (KHJ -T' Division o, RAKO General. Inc.),
239 NLRB 863 (1978), the complaint, notice of hear-
ing, and the answer constitute the entire record in this
case, and that no oral testimony is necessary or de-
sired by any of the parties. They waived a hearing,
the making of findings of fact and conclusions of law.
and the issuance of an administrative law judge's de-
cision, and submitted the case directly to the Board
for findings of fact. conclusions of law. and an appro-
priate Order.
On June 12. 1979. the Board approved the stipula-
tion, made it a part of the record, and transferred to
and continued the proceeding before the Board for
the purpose of making findings of fact and conclu-
sions of law for the issuance of a Decision and Order.
Thereafter, the parties filed briefs.
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.
The Board has considered the stipulation, the
briefs, and the entire record and hereby makes the
following:
FINI)INS OF FA(CT
I. TIlE BUSINESS OF TIlE FMPI.OYER
The parties stipulated, and we find, that RKO Gen-
eral, Inc.. maintains 16 radio and television stations
throughout the United States. including KHJ-TV.
which has its principal place of business in Los Ange-
les, California. During the past year, the Employer
had a gross annual volume of business in excess of
$500,000. The parties also stipulated, and we find,
that the Employer is engaged in commerce or an in-
dustry affecting commerce within the meaning of Sec-
tion 2(6) and (7) of the Act and it will effectuate the
purposes of the Act to assert jurisdiction herein.
II1. THE LABOR ORGANIZATIONS INVOLVED
The parties stipulated, and we find, that Directors
Guild of America. Inc., and Local Union 45. Interna-
tional Brotherhood of Electrical Workers, are labor
organizations within the meaning of Section 2(5) of
the Act.
I1. RESPONDEN r S UNFAIR L.ABOR PRACIICES
After a hearing in Cases 31 CD-192 and 31 CD
193 pursuant to Section 10(k), the Board on Decem-
244 NL.RB No. 104
669
I)('ISIO()NS O() NAI IONAL ABOR RLA I()NS BO()ARI
her 18. 1978. issued its Decision and I)etermination
of Dispute in which it concluded that the employees
of Kt.l 'I'V who were represented by the I)GA were
entitled to perform the work in dispute i.e., operating
the keyboards of electronic character generators for
the purpose of creating. composing, and modif,'ing
graphics used for lelevision broadcasts at the m-
plover's Los Angeles, California. television station.
The Board also found, intr a/lia, that Respondent was
not entitled to force or require KHJ TV to assign the
work to employees it represented by means pro-
scribed by Section 8(b)(4)(D) of the Act. The Deci-
sion further directed Respondent to notify the Re-
gional Director for Region 31, in writing, within 10
days whether it would refrain from the proscribed ac-
tion. Respondent has failed and refused to comply
with the Board's Decision and Determination of Dis-
pute.
Respondent in its answer asserts that the Board's
10(k) determination was erroneous and that the work
in dispute should have been assigned to employees
whom it represents and that it did not threaten to
strike the Employer: and affirmatively argues: (I)
that its collective-bargaining agreement requires that
it be awarded the work; (2) that the Employer failed
to bargain in good faith over the work assignment
and therefore should be estopped from seeking the
protection of Section 10(k).
As to the threat, the Employer's Exhibit 10. a letter
dated May 1., 1978, from Respondent's business
agent, Draghi, states, inter alia, that Respondent no
longer considers itself bound by the no-strike clause
of the collective-bargaining agreement and that it will
take "all legal action necessary to require the Em-
ployer to bargain in good faith over the assignment of
the disputed work including but not limited to a
strike."2 Thus, the Employer's actions inconsistent
with Respondent's demand-including assignment of
the disputed work to employees other than those Re-
spondent represents-would be met by a strike. In-
deed, Draghi testified that he told officials of the
DGA that if the Union's "didn't reach some common
ground" he "would have to take action to protect"
Respondent's interest, "and they said they under-
stood." Based on the foregoing we find that Respon-
dent threatened to strike the Employer if the work in
dispute was assigned to employees other than those it
represents. Additionally, we find no merit to Respon-
dent's other arguments as they raise nothing not pre-
viously considered by the Board.3
2 Respondent made no objection to the introduction of this exhibit In the
1Ik) proceeding. Nor in either of its briefs does Respondent seriously argue
that this was not a threat.
I See Local 445. International Brotherhood o/ 7Tewnrters. (leufhlurs. Ware-
houFemen and Helpers of Aerica (Blount Brothers ('orporarin). 197 NlRB
46 (1972). and cases cited therein at fn. 5.
IV. Il .ti:( I i()I L UNAIR l.AIIO()R t'RA(II(t
P()ON (O()NMMIR( 1.
Tlhe conduct of Respondent as set forth above, oc-
curring in connection with KHJ [V's operations, has
a close, intimate, and substantial relationship to
trade. traffic. and commerce among the several States
and tends to lead to labor disputes burdening and
obstructing commerce and the free flow of commerce.
V. Htlf RMI!I)Y
Having found that Respondent has engaged in and
is engaging in certain unfair labor practices, we shall
order it to cease and desist therefrom and take affir-
mative actions designed to effectuate the purposes of
the Act.
CONCI.USIONS ()I LAW
1. KHJ TV, Division of RKO General, Inc., is an
employer engaged in commerce within the meaning
of Section 2(6) and (7) of the Act.
2. The Respondent. Local Union 45, International
Brotherhood of Electrical Workers, is a labor organi-
zation within the meaning of Section 2(5) of the Act.
3. By threatening to strike KHJ TV, the object of
which was to force or require KHJ-TV to assign to
employees represented by or members of Respondent,
rather than to employees represented by the Directors
Guild of America, Inc., the work of operating the
keyboards of electronic character generators for the
purpose of creating, composing, and modifying
graphics used for television broadcasts at the Em-
ployer's Los Angeles, California, television station,
the employees Respondent represents not being law-
fully entitled to that work, Respondent has engaged
in unfair labor practices within the meaning of Sec-
tion 8(b)(4)(D) of the Act.
4. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
ing of Section 2(6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that the Respondent, Local
Union 45, International Brotherhood of Electrical
Workers, Los Angeles. California, its officers, agents,
and representatives, shall:
I. Cease and desist from threatening to strike
KHJ TV. Division of RKO General, Inc., the object
of which is to force or require KHJ TV to assign the
work of operating the keyboards of electronic charac-
670
L.(XAI. UNION 45
ter generators for the purpose of creating, composing,
and modifying graphics used for television broadcasts
at the mployer's L.os Angeles. alifornia, television
station, to employees represented by. or members of,
Respondent rather than to employees represented by
the Directors Guild of America, Inc.
2. Take the following affirmative action which the
Board finds will affectuate the policies of the Act:
(a) Post at its offices and meeting halls copies of
the attached notice marked "Appendix."4 Copies of
said notice, on tforms provided by the Regional Direc-
tor for Region 31. after being duly signed by Respon-
dent' representative, shall he posted by Respondent
immediately upon receipt thereof, and be maintained
by it for 60 consecutive days thereafter, in conspicu-
ous places, including all places where notices to mem-
bers are customarily posted. Reasonable steps shall
be taken by Respondent to insure that said notices
are not altered, defaced, or covered by any other ma-
terial.
(b) Sign and mail sufficient copies of said notice to
the Regional Director for Region 31 for posting by
KHJ TV, if it is willing, at all locations upon the
4 In the event that this Order is enforced b a Judgment of a United States
(Court of Appeals. the words in the notice reading "Posted hb Order of he
National Labor Relations Board" shall read "Posted Pursuant t a Judgment
of the United States (Court of Appeals nforcing an Order of the Nation.al
la;hor Relations Board.
premises where notices to its employees are customar-
ily posted.
(c) Notify the Regional Director lir Region 31. in
writing. within 20 dabs from the date of this Order.
what steps have been taken to comply herewith.
N)ii(i 1() EPI.(Y:FS ANDI) MI-Ml11:RS
POSII) Y ORI)DER OF 1111l
NAIO()NA. LABOR RIA I ()NS BOARI)
An Agency of the tnited States Government
Wt wULt. NO threaten to strike KHJ TV the
object of which is to force or require KHJ TV to
assign employees represented by, or members of.
Local Union 45, International Brotherhood of
Electrical Workers, rather than to employees of
KHJ-TV represented by the Directors Guild of
America, Inc.. the work of operating the key-
boards of electronic character generators for the
purpose of creating, composing. and modifyIIg
graphics used for television broadcasts at the
Employer's Los Angeles, C'alifornia. television
stations, except insofar as such conduct is per-
mitted under Section 8(b)(4)(D) of the Act.
LO( AI UNION 45. INI-.RNAII()NAI BR()III-
I.RIIOO() OF El ( I RI( AI. WORK RS
671