New York Local 11, NABET

National Labor Relations Board - Board Decisions

May 2, 1967

164 N.L.R.B. 242 (N.L.R.B. 1967)

242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
New York Local 11, National Association of
Broadcast Employees and Technicians,
AFL-CIO and American Broadcasting
Company, a Division of American
Broadcasting Companies , Inc. and National
Broadcasting Company, Inc. Cases
2-C B-4371-1 and 2-C B-4371-2.
May 2, 1967
DECISION AND ORDER
BY MEMBERS BROWN, JENKINS, AND ZAGORIA
On November 29, 1966, Trial Examiner
William Seagle issued his Decision in the above-
entitled proceeding, finding that the Respondent had
engaged in certain unfair labor practices and
recommending that it cease and desist therefrom
and take certain affirmative action, as set forth in
the attached Trial Examiner's Decision. Thereafter,
the Respondent and the General Counsel filed
exceptions to the Trial Examiner's Decision and the
Respondent filed a supporting brief. The Charging
Party filed an answering 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.
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, the briefs,'
and the entire record in the case, and hereby adopts
the findings, conclusions, and recommendations of
the Trial Examiner, with the modifications noted
below. 2
ORDER
Pursuant to Section 10(c) of, the National Labor
Relations Act, as amended, the National Labor
Relations Board adopts as its Order the
Recommended Order of the Trial Examiner, as
modified below, and hereby orders that the
Respondent, New York Local 11, National
Association of Broadcast Employees and
Technicians, AFL-CIO, its officers, agents, and
representatives, shall take the action set forth in the
Trial Examiner's Recommended Order, as herein
modified:
1. Delete paragraph 1 and substitute therefor
the following:
"1. Cease and desist from requiring from
employees of the employers named in the complaint
working in classifications covered by a bargaining
agreement between the Respondent and the
employers requiring membership in the Respondent
as a condition of employment the payment of
initiation fees under the schedule of initiation fees
found unlawful, or requiring for initiation any other
sum which is excessive or discriminatory under all
the circumstances."
2. Delete paragraph 2(a) and substitute therefor
the following:
"(a) Pay to all the aforesaid employees covered by
a bargaining agreement between the Respondent
and the employers requiring membership in the
Respondent as a condition of employment all sums
in excess of $150 paid to Respondent under the
unlawful schedule of fees on or since December 15,
1965, together with interest as set forth in the section
of the Trial Examiner's Decision entitled `The
Remedy."'
3. Delete the first paragraph of the notice and
substitute therefor the following:
"WE WILL NOT require from employees of the
employers named in the complaint working in
classifications covered by a bargaining
agreement between the Respondent and the
employers requiring membership in the
Respondent as a condition of employment the
payment of initiation fees under the schedule of
initiation fees found unlawful."
' The Respondent's request for oral argument is hereby denied
as, in our opinion, the record, including the exceptions and briefs,
adequately presents the issues and positions of the parties
2In adopting the Trial Examiner's conclusion that
Respondent's initiation fees were excessive, we need not rely on
his findings with respect to the fees charged by NA BET locals in
Chicago and Los Angeles
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
WILLIAM SEAGLE , Trial Examiner : Upon charges filed
on April 28 , 1966 , by the American Broadcasting
Company, a Division of American Broadcasting
Companies , Inc. (hereinafter referred to as ABC), and by
National Broadcasting Company , Inc. (hereinafter
referred to as NBC), the Regional Director for Region 2
issued a complaint dated July 26, 1966 , alleging that New
York Local 11, National Association of Broadcast
Employees and Technicians , AFL-CIO (hereinafter
referred to as NABET), had violated Section 8(b)(5) of the
Act.
An answer having been filed by the Respondent Union
in which it denied that it was violating the Act in this
respect , I held a hearing on this issue at New York, New
York, on October 19 and 20, 1966.
At the close of the taking of the testimony at the hearing,
counsel for the General Counsel presented oral argument,
and, subsequent to the hearing, counsel for the
Respondent and for the employers involved filed briefs.
Upon the record so made, and, in view of my observation
of the demeanor of the witnesses , I hereby make the
following findings of fact:
1. THE RESPONDENT
New York Local 11 of NABET is a labor organization
within the meaning of Section 2(5) of the Act.
164 NLRB No. 44
NEW YORK LOCAL 11, NABET 243
II. THE EMPLOYERS INVOLVED
ABC is a New York corporation which maintains an
office and place of business at 1330 Avenue of the
Americas in the city and State of New York, and at other
places in various States of the United States, where it has
been engaged in providing and performing radio and
television broadcasting services, and other services
related thereto.
NBC is a Delaware corporation which maintains an
office and place of business at 30 Rockefeller Plaza in the
city and State of New York, and at other places in various
States of the United States, where it has been engaged in
providing and performing radio and television and
broadcasting services, and other services related thereto.
During the past year, which is a representative period,
ABC and NBC, in the course and conduct of their
business operations, each derived gross revenues
therefrom in excess of $100,000, and each purchased and
caused to be transported to its places of business goods
and materials valued in excess of $50,000, of which goods
and materials valuued in excess of $50,000 were
transported and delivered to its places of business in
interstate commerce directly from States of the United
States other than the States in which they were located.
The Respondent admits, and I find, that ABC and NBC,
at all material times, have been employers engaged in
commerce within the meaning of Section 2(2), (6), and (7)
of the Act.
III. THE UNFAIR LABOR PRACTICE
NBC and ABC have long had contractual relations with
NABET. The last collective-bargaining agreement
between each of the Companies and the Union' runs for a
term beginning on February 1, 1964, and ending on
March 31, 1967, and each of these contracts covers the
broadcast technicians employed by each of these
Companies.2 Under the provisions of each of the contracts
any technician who is employed is temporary for a period
of 3 months during which he may be laid off in the absolute
discretion of the Company. But employees hired as so-
called vacation-relief employees (hereinafter referred to as
v.r. employees)3 remain temporary employees even though
employed for more than 3 months, unless they are retained
after October 31 in the year in which they have been hired.
It is further provided in the contracts that temporary
employees may become regular employees upon
completion of separate periods of service totalling 1 year
and that v.r. employees shall become regular employees
upon completion of 14 months of service, which, although
not continuous, are separated by intervals of less than 1
year. In layoffs, temporary employees have no rights at all
but regular employees may be laid off only in the reverse
order of seniority.
Each of the contracts between the Companies and the
Union also contains a union-security clause which requires
newly hired employees to become members of the Union
30 days after they have been hired. Provision is also made
' The contracts are with the International rather than with
Local 11 but section 3 1 of the constitution of the International
requires the local unions to enforce collective-bargaining
agreements between employers and the International In
Pittsburgh, the technicians are represented by IATSE
(International Association of Theatrical and Stage Employees)
2 This bargaining unit is defined in each of the contracts as
consisting of "all the technical employees of the Company
wherever located, employed in the engineering department of the
in each of the contracts for the checkoff of union dues and
initiation fees, which are required to be deducted from the
first paycheck of an employee. The provisions of the
union-security clause and the checkoff requirements are
applicable to all classes of employees, including v.r.
employees, who, thus, must pay dues and initiation fees as
soon as they have become union members.
In the fall of 1965, NBC had unusual manpower
requirements because of the onset of the football season.
The network was carrying both NFL games and collegiate
games, and needed a greater number of broadcast
technicians than was usually the case, and needed them
for a longer period. In all, 83 v.r. employees were hired in
1965. Of these 24 achieved regular status but NBC did not
wish to see the others obtain such status. Consequently,
NBC approached representatives of Local 11 in October
1965 and requested that the Union agree to allow these v.r.
employees to work beyond October 31 without achieving
the status of regular employees. Richard Goldstein, the
NBC labor relations director, discussed the matter with
representatives of both Local 11 and the International but
was unable to persuade them to waive the contract
requirements. As of October 29, 1965, NBC, therefore,
laid off some of the v.r. employees in order to prevent them
from acquiring regular status 2 days later, and then
rehired some of them, as well as other temporary
employees. Local 11 then filed a grievance under the
arbitration provisions of its contract with NBC, claiming
that the Company was evading the requirements of the
contract relating to the status of employees, and that 23
employees who had been hired as temporary employees
had become regular employees.4 The grievance filed was
dated November 18, 1965.
Since 1957, Local 11 had been charging $150 as an
initiation fee, which had to be paid by all employees,
irrespective of the amounts of their earnings. After its
dispute with NBC concerning the status of the v.r.
employees arose, Local 11 also began consideration of an
increase in the Union's initiation fee. Under date of
October 18, 1965, Robert C. Higgins, the president of
Local 11, issued the following explanatory bulletin to all of
its members:
At a special Executive Board Meeting on October 15,
1965, held for the purpose of discussing the seniority
problem created at both networks by the tactics of the
companies re the method of laying off and hiring new
employees, the Executive Board made some
recommendations. One of the positive steps taken
was to increase the initiation fee to $1,000.00 The
Board made this decision after carefully reviewing all
aspects of the law and the possible disadvantages.
It was emphasized that our present policy of
reduction of initiation fee in cases where it could be
done uniformly for those new employees in lower
classifications would continue and, further that
reducing the fee could be done without a referendum
vote if the Union felt it would be in our best interests.
company" with certain exclusions not relevant in the present
case
3 This term derives from the fact that under the terms of the
contracts regular employees must take their vacations between
April 1 and October 31 of each year, and relief employees must be
hired during this period
' These employees were among the 59 v r employees who had
been terminated as of October 29, 1965
298-668 0-69-17
244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Also pointed out was the fact that many other unions
in the industry have much higher fees and this brings
NABET more in line with others in the industry.
We now have many unemployed qualified people in
the Union and any jobs becoming available should be
made available to these people without giving up
seniority. Many now have worked at the networks just
short of the 14 months required in the Network
contract.
This action would discourage the creation of a pool of
employees without any seniority rights and lead to a
hiring technique foreign to the broadcasting industry.
The statement in the bulletin that one of the positive
steps taken by the Union's executive board was "to
increase the initiation fee to $1,000" implies that the
action taken by it was final and that a flat fee of $1,000 had
been adopted as an initiation fee. Actually, a schedule of
initiation fees on a sliding scale was adopted, and Higgins
testified that a referendum of the membership on the new
initiation fees was contemplated. The record is very
obscure-indeed there is no direct testimony-as to
whether the contemplated referendum was held. In any
event, by December 15, 1965, the new schedule of
initiation fees had been put into effect. It was as follows:
Weekly Wages Initiation Fees
Under $119 $150
$119 to $167.99 $500
$168 to $211.99 $750
$212 and over $1,000
It was not until January 27, 1966, however, that Higgins
addressed identical letters to Goldstein, the labor relations
director of NBC, and to Richard L. Freund, the vice
president of ABC in charge of labor relations, informing
them that the Union had increased its initiation fees. As
Higgins failed to state in these letters what the new
schedule of initiation fees was, both Goldstein and Freund
wrote to the union president to request this information,5
and the latter supplied it in a letter dated February 7, 1966.
Shortly after he received Higgins' letter of February 7,
Goldstein had a conversation with the union president in
which he asked the latter whether the new initiation fee
schedule would apply to temporary and v.r. employees.
When Higgins answered this question in the affirmative,
Goldstein charged him with attempting to compel NBC to
hire the v.r. employees who were let go in October 1965,
and Higgins did not deny this. Indeed, he remarked that
the Company ought to employ these people. Goldstein
offered to employ some of them provided that they did not
become regular employees.
Goldstein also formalized NBC's position in a letter
dated February 21 to Higgins as follows:
This is in reply to your letter of February 7, 1956
announcing a new schedule of initiation fees for all
new members of NABET Local No. 11.
We cannot advise new employees to honor the new
schedule of initiation fees. The fees set forth are
clearly excessive. Further, we believe they manifest a
discriminatory intent to discourage the practice of
hiring temporary or vacation relief employees.
S Goldstein's letter was dated February 2, 1966, and Freund's
letter was dated February 4, 1966
I hope that Local 11 will reconsider its position and
cancel this new schedule. In any event, however, our
position is that we have no contractual obligation to
require new employees, whether hired in a temporary,
vacation relief or regular status, to pay these fees.
Freund, too, discussed with Higgins, as well as with
other union representatives, the situation created by the
Union's increase of its initiation fees. This occurred at a
meeting held on or about February 24, 1966. Freund told
the union representatives that he regarded the increase in
initiation fees as both discriminatory and excessive, and
that if they were not reduced ABC would file charges with
the Board. Higgins then asked Freund not to do anything
until April 1, indicating that there might be a
reconsideration of the initiation fee schedule, and Freund
agreed to defer action until the suggested date. On
March 10, 1966, Freund received a letter from Higgins
informing him that the Union's executive board had
reconsidered the initiation fee schedule, and had come to
the conclusion that they did not wish to change it. On
March 22, Freund encountered Higgins at an arbitration
proceeding in another matter, and the latter asked Freund
to wait another week before going to the Board, since it
was expected that the arbitrator's decision in the NBC
arbitration might be handed down within a week and that
the Union might reconsider the question of the initiation
fees, depending on the verdict of the arbitrator. Freund
agreed to the additional delay and on March 25, 1966, the
arbitrator rendered his decision in the matter, upholding
the position of NBC that it had not violated its contract
with the Union in terminating some of the v.r. employees,
and then rehiring them.
Section 8(b)(5) of the Act provides that it shall be an
unfair labor practice for a labor organization or its agents:
to require of employees covered by an agreement
authorized under subsection (a)(3)6 the payment, as a
condition precedent to becoming a member of such
organization, of a fee in an amount which the Board
finds excessive or discriminatory under all the
circumstances. In making such a finding, the Board
shall consider, among other relevant factors, the
practices and customs of labor organizations in the
particular industry, and the wages currently paid to
the employees affected.
It is evident that the Respondent had a discriminatory
motive in increasing the initiation fees. There can be no
other conclusion when the background of the Union's
action is considered in relation to the scale of the increases
and "the wages currently paid to the employees affected."
In the case of NBC, it is established that, while the pay
range of broadcast technicians is from $123 to $246,
approximately 90 percent of the v.r. employees were
employed at $130 a week. In the case of ABC, which
maintained the same pay range for broadcast technicians,
it is also established that most of the v.r. employees hired
received from $130 to $140 a week. Since their
employment is temporary, moreover, the v.r. employees
cannot normally expect work of more than several months'
duration. The impact upon them of an increase in initiation
fees of more than threefold at the minimum and more than
sixfold at the maximum hardly needs demonstration. The
necessary result would be to confine vacation relief
employment to broadcast technicians who were already
members of the Union and who would not, therefore, be
6 This is the provision in the subsection of Section 8 which
sanctions union -security agreements
NEW YORK LOCAL 11, NABET
required to pay the increased initiation fees. That this was
the objective of the Union is established, moreover, not
only by the background evidence, showing the existence of
the controversy between the Companies and the Union
concerning the vacation relief employees but also by direct
evidence of the Union's discriminatory motive. This direct
evidence consists of the bulletin of October 18, 1965, in
which Higgins explained the basis for the increase in the
initiation fees to the union members, and also of the
uncontradicted evidence of Goldstein and Freund that
Higgins himself connected the possibility of a
reconsideration of the increase in initiation fees with the
outcome of the arbitration. The attempt of Higgins to make
light of the explanation in the bulletin as mere sales talk to
his members can hardly be accepted, since the members
acted on his explanation, and only his explanation is
consistent with all his actions.
The fact that the Union increased the initiation fees
before the arbitrator had even rendered his decision is not
a point in its favor. On the contrary, it shows that the
Union was fashioning a method of dealing with the
situation which would not be dependent on the decision of
the arbitrator. In the light of the convincing evidence that
this was the Union's intent, it is not possible to take
seriously the further contentions of Higgins that an
increase in the Union's initiation fees had been under
consideration since 1959 because the Union could make
ends meet and that the increases that were finally adopted
in 1965 were intended to improve its services to its
members and to provide some additional insurance
benefits. The services at least had been provided for many
years before 1965, and an enormous increase in initiation
fees would hardly be necessary to improve them. That no
increase in initiation fees had been adopted, although
under consideration for 6 years, hardly bespeaks the
urgency of improving either the services or the benefits. It
is significant that Higgins failed to produce the Union's
books to prove that it needed a large amount of additional
money. In any event, as the Board observed in Television
and Radio Broadcasting Studio Employees, Local 804,
(Radio & Television Div. of Triangle Publications), 135
NLRB 632 at 637, "the union's financial problems may not
be solved by imposition of a fee which is either
discriminatory or excessive under Section 8(b)(5)."
The increase in the Union's initiation fees was,
moreover, not only discriminatory but excessive. In New
York City, Chicago, and Los Angeles, the broadcast
technicians, who are represented by locals of the
International Brotherhood of Electrical Workers in these
cities, and whose pay is approximately the same as that of
the broadcast technicians employed by ABC and NBC,
are charged initiation fees of $100 or $125. The NABET
local that represents the broadcast technicians employed
by NBC in Chicago charges an initiation fee of $25 when
the weekly base salary of the applicant ranges from $119 to
$239. The NABET local that represents the broadcast
r I find it wholly unnecessary to determine whether I may
consider the schedule of initiation fees contained in G.C Exhs 17
and 18 G C Exh 17 is a letter dated September 19, 1966, from
the secretary of NABET Local 41 to a labor relations
representative of NBC setting forth increases in initiation fees as
of the date of the letter G C Exh 18 is a bulletin of NABET
Local 53, dated April 18, 1966, setting forth an increase in
initiation fees as of the date of the bulletin
8 As the Board said in Television and Radio Broadcasting
Studio Employees, Local 804, supra at 636 "An increase in
initiation fees from $50 to $500 is not insubstantial, and, to one
seeking employment in the industry, may well be so staggering as
245
technicians employed by NBC in Los Angeles, and whose
pay range is the same as in Chicago, charges an initiation
fee of 10 percent of the monthly base salary, which would
amount to approximately $50. These comparisons more
than suffice to show how excessive the present initiation
fees of Local 11 really are.7 Indeed, it is fair to say that any
initiation fees adopted from discriminatory motives must
in the nature of things be excessive. The discriminatory
object can hardly be otherwise accomplished. It is also
apparent that an increase in initiation fees of more than
threefold at the mimimum and more than sixfold at the
maximum must be excessive, at least presumptively.
However, the Union produced no evidence to show that
the increase in initiation fees was justified under all the
circumstances.8
It also seems quite immaterial that there is no evidence
that particular applicants for employment actually refused
to accept employment because of the increase in the
initiation fees, or that the Union attempted to get anyone
discharged for failure to pay the increased initiation fee,9
or that the Union may have been willing to accept payment
of initiation fees in installments, or that employees of NBC
and ABC may work overtime, and thus earn pay in excess
of their base salaries. The reasonableness of the initiation
fees must be judged in terms of their possible rather than
their actual effects, and in terms of the power which they
gave the Union rather than in terms of the actual exercise
of that power.
Perhaps the most frivolous of all the contentions of
counsel for the Respondent is their contention that it has
not been shown that Local 11 has had a union-security
agreement with the employers. While the master
agreements in the present case were made with NABET
rather than with Local 11, section 3.1(a) of the NABET
constitution plainly provides that local unions shall insure
"the enforcement of all agreements entered into between
the International union and employers," and the record as
a whole even more plainly indicates that all the provisions
of the agreements were in fact enforced by the
Respondent.
IV. THE REMEDY
Having found that the Respondent on December 15,
1965, adopted initiation fees which are discriminatory and
excessive under all the circumstances, I shall recommend
that the Respondent be required to cease and desist from
requiring for initiation the payment of any fees that are
discriminatory or excessive under all the circumstances.
By way of affirmative relief, I shall also recommend that
the Respondent be required to rescind its action of
December 15, 1965, increasing its initiation fees, and to
refund to all employees of the Employers involved in the
present proceeding who are working in the classifications
in which membership in the Respondent is required as a
condition precedent to employment all sums paid by them
to preclude acceptance of employment. Such an increase
demands explanation to bar a presumption that it is not at least
excessive "
9 This, in any event, would hardly have been possible, since
both ABC and NBC refused to enforce the increased schedule of
initiation fees It was held in Motion Picture Screen Cartoonists,
Local 839 (Animated Film Producers Assn), 121 NLRB 1196,
1203, that the fact that a union "may not have attempted to
require the payment of such a fee (i e. a discriminatory or
excessive fee) on penalty of demand for discharge does not
constitute a defense "
246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as initiation fees in excess of $150. Such refunds shall be
made within 20 days from the date of this Decision, and
interest at the rate of 6 percent per annum from the date of
payment of the initiation fee to the date of its refund shall
be added to the amount refunded.
CONCLUSIONS OF LAW
1. American Broadcasting Company, a division of
American Broadcasting Companies, Inc., and National
Broadcasting Company, Inc., are employers within the
meaning of Section 2(2) of the Act, and each is engaged in
commerce within the meaning of Section 2(6) and (7) of the
Act.
2. New York Local 11, National Association of
Broadcasting Employees and Technicians, AFL-CIO, is a
labor organization within the meaning of Section 2(5) of the
Act.
3. By discountinuing its initiation fee of $150 on
December 15, 1965, and by putting into effect on the same
date a schedule of initiation fees as follows:
Weekly Wages of Employees Initiation Fees
Under $119 $150
$119 to $167.99 $500
$168 to $211.99 $750
$212 and over $1,000
the Respondent required the payment, as a condition
precedent to becoming a member of its organization of a
fee in an amount which was discriminatory and excessive.
under all the circumstances, and thereby committed an
unfair labor practice affecting commerce within the
meaning of Section 8(b)(5) of the Act.
RECOMMENDED ORDER
Upon the entire record in this case, and pursuant to
Section 10(c) of the National Labor Relations Act, as
amended, it is hereby recommended that the Respondent,
its officers, agents, and representatives, shall:
1. Cease and desist from requiring the payment of
initiation fees under the following schedule of initiation
fees:
Weekly Wages of Employees Initiation Fees
Under $119 $150
$119 to $167.99 $500
$168 to $211.99 $750
$212 and over $1,000
2. Take the following affirmative action in order to
effectuate the policies of the Act:
(a) Rescind its action of December 15, 1965, increasing
its initiation fees, and make the refunds described in the
section of this Decision entitled "The Remedy" in the
manner and to the extent set forth therein.
(b) Preserve and, upon request, make available to the
Board or its agents, for examination or copying, all records
pertinent to or convenient for a determination of the
amounts so paid.
(c) Post at its office and meeting places, copies of the
attached notice marked "Appendix." 10 Copies of said
notice, to be furnished by the Regional Director for Region
2, after being duly signed by an authorized representative
of the Respondent, shall be posted by the Respondent
immediately upon receipt thereof, and be maintained by it
for 60 consecutive days thereafter, in conspicuous places,
including all places where notices to members are
customarily posted. Reasonable steps shall be taken by
the Respondent to insure that said notices are not altered,
defaced, or covered by any other material.
(d) Sign and mail sufficient copies of the said notice to
the Regional Director of Region 2, for posting, the
Employers willing, at all locations within the territorial
jurisdiction of the Respondent where notices to individuals
employed by the Employers are customarily posted.
(e) Notify the Regional Director for Region 2, in writing,
within 20 days from the date of this Decision, what steps
the Respondent have been taken to comply herewith.''
10 [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 "]
" [In the event that this Recommended Order is adopted by
the Board, this provision shall be modified to read "Notify said
Regional Director, in writing, within 10 days from the date of this
Order, what steps Respondent has taken to comply herewith
APPENDIX
NOTICE TO ALL MEMBERS OF NEW YORK LOCAL 11,
NATIONAL ASSOCIATION OF BROADCAST EMPLOYEES
AND TECHNICIANS, AFL-CIO
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
Relations Act, as amended, we hereby notify you that:
WE WILL NOT require of employees working for the
American Broadcasting Company, a Division of the
American Broadcasting Companies, Inc., or for
National Broadcasting Company, Inc., in the units
covered by our collective-bargaining agreements with
these Companies, under which membership in our
organization is required as a condition of employment,
the payment of an initiation fee in excess of $150.
WE WILL NOT require of any such employees the
payment of any initiation fee which is excessive or
discriminatory under all circumstances.
WE WILL refund to all such employees any amounts
in excess of $150 paid to us as initiation fees or toward
initiation fees on or since December 15, 1965,
together with interest at the rate of 6 percent per
annum from the date of payment to the date of the
refund.
NEW YORK LOCAL 11,
NATIONAL ASSOCIATION OF
BROADCAST EMPLOYEES AND
TECHNICIANS, AFL-CIO
(Labor Organization)
Dated By
(Representative) (Title)
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.
If members have any question concerning this notice or
compliance with its provisions, they may communicate
directly with the Board's Regional Office, Fifth Floor,
Squibb Building, 745 Fifth Avenue, New York, New York
10022, Telephone PI 1-5500, Ext. 852.