Theatrical Stage Employees

National Labor Relations Board - Board Decisions

Dec 5, 1974

215 N.L.R.B. 299 (N.L.R.B. 1974)

THEATRICAL STAGE EMPLOYEES 299
International Alliance of Theatrical Stage Employees
and Moving Picture Machine Operators of the
United States and Canada and Walt Disney World
Co. Case 12-CB-1429
December 5, 1974 '
DECISION AND ORDER
BY MEMBERS FANNING, KENNEDY, AND PENELLO
Upon a charge filed on February 8, 1974, by Walt
Disney World Co., herein called Disney World, and
duly served on International Alliance of Theatrical
Stage Employees and Moving Picture Machine Opera-
tors of the United States and Canada, herein called the
Respondent, the General Counsel of the National La-
bor Relations Board, by the Regional Director for Re-
gion 12, issued a complaint on April 18, 1974, against
Respondent, alleging in substance that Respondent had
engaged in and was engaging in unfair labor practices
affecting commerce within the meaning of Sections
8(b)(3) and 2(6) and (7) of the National Labor Rela-
tions Act, as amended. Copies of the charge, complaint,
and notice of hearing before an Administrative Law
Judge were duly served on the parties.
With respect to the unfair labor practices, the com-
plaint alleges in substance as follows: On April 25,
1972, pursuant to a card check establishing majority
status, Disney World extended recognition to a group
of labor organizations known as Disney World Service
Trades Council, hereafter called the Council, which
had been organized for the purpose of bargaining col-
lectively on behalf of certain of Disney World's em-
ployees. The Council adopted a constitution and
bylaws, which provided, inter alia, that negotiations
with Disney World were to be conducted in the name
of the Council, collective-bargaining agreements would
be ratified by a majority vote of the Council, executed
in the name of the Council, and signed by the president
thereof and each of the Council affiliates. Respondent
was and is a member of the Council, and a signatory
to the constitution and bylaws.
On June 1, 1972, the Council, including Respondent,
entered into and signed a collective-bargaining agree-
ment with Disney World. Thereafter, pursuant to the
exercise of a reopening provision in the agreement,
negotiations between the Council and Disney World
commenced on September 20, 1973, culminating in a
new agreement on November 19, 1973, which the
Council membership ratified by a vote of 738 to 357 on
November 28, 1973.
Thereafter, commencing on December 1, 1973, Dis-
ney World requested and continues to request that Re-
spondent execute said agreement, but Respondent has
refused and continues to refuse to do so.
Respondent filed an answer to the complaint, in
which it failed to reply to certain of the allegations
therein, denied others, and set forth an affirmative de-
fense , alleging that it is not legally obligated to execute
the newly negotiated agreement because its affiliated
Local Union No. 855 , herein called Local 855, of which
unit employees are members , voted to reject the agree-
ment.
On May 10 , 1974, counsel for the General Counsel
filed with the Board the instant Motion for Summary
Judgment . On May 20 , 1974 , the Respondent filed an
answer , to the Motion for Summary Judgment.
. Subsequently , on May'21, 1974, the Board issued an
order transferring the proceeding before it and a Notice
To Show Cause why the General Counsel 's motion
should not be granted . Respondent filed no response to
the Notice To Show Cause . Disney World , on June 11,
1974, filed a brief in support of the motion.
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.
Upon the entire record in this proceeding , the Board
makes the following:
Ruling on the Motion for Summary Judgment
In its answer to the complaint, Respondent does not
controvert the factual allegations concerning the mat-
ters set forth above; hence these allegations of the com-
plaint will be deemed admitted and found to be
true.' However, Respondent, by way of affirmative
defense, contends that the members of its affiliated Lo-
cal 855, who are employees included in the contractual
unit, voted to reject the agreement reached between
Disney World and the Council in November 1973, and
hence it is not legally obligated to execute the agree-
ment. We find no merit in this contention. Respondent
is an admitted member of the Council and an admitted
signatory to the constitution and bylaws thereof, by
which it has clothed the Council with authority to act
on its behalf and bind it by majority vote. The Council
having ratified the agreement by a majority, the Re-
spondent cannot interpose as an additional condition
that it is not bound thereby unless its local's member-
ship ratifies the agreement as well.'
In its answer to the Motion for Summary Judgment,
Respondent argues that it cannot be found in violation
of Section 8(b)(3) for refusing to bargain since the
Council is the admitted bargaining agent. This position,
however, ignores the established procedures under the
constitution and bylaws of the Council, to which it is
Sec. 102.20 of the Board's Rules and Regulations, Series 8, as amended.
2 International Union of Elevator Constructors, Local No. 8, AFL-CIO
(National Elevator Industry, Inc., Area No. 14), 185 NLRB 769 (1970), enfd.
465 F.2d 974 (C.A. 9, 1972).
215 NLRB No. 39
300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
an admitted signatory. The Respondent having con-
sented to abide by and execute agreements ratified by
a majority of the Council, indeed having done so as a
result of the 1972 negotiations, and not having made a
timely withdrawal from the Council, we find that the
Respondent is required to honor the established proce-
dures of the Council. Accordingly, by refusing to exe-
cute the agreement of November 1973, the Respondent
has refused to bargain in violation of Section 8(b)(3) of
the Act.'
Accordingly, we shall grant the General Counsel's
Motion for Summary Judgment.
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FACT
1. THE BUSINESS OF WALT DISNEY WORLD CO.
All employees employed at Disney World Co.'s
"Vacation Kingdom Complex" in Bay Lake,
Florida, in the job classifications of Advanced
Culinary Assistant, Advanced Housekeeping-
H/H, Advanced Laundry Assistant, Beverage-
H/H, Beverage Preparation-H/H, Car Care-Host,
Car Care-Host, Sr., Costume Specialist, Culinary
Assistant, Culinary Helper, Custodial-H/H, Floor
Lady, Food & Beverage Assistant, Food & Bever-
age Captain, Food & Beverage-H/H, Food & Bev-
erage Service-H/H, Food & Beverage Steward,
Hospitality-H/H, Housekeeping-H/H, Laundry
Assistant, Laundry Helper, Sales-H/H, Sales Spe-
cialist, Steward, Table Lady, Walt Disney World-
H/H, Wardrobe-H/H, Advanced Steward, Stage
Operator; excluding all other employees, security
hosts/fire prevention hosts and supervisors as de-
fined in the Act.
Walt Disney World Co., a Delaware corporation, is
engaged in the operation of "Walt Disney World," a
vacational, recreational, and entertainment complex
located in the State of Florida. During the past 12-
month period, in the course and conduct of its business
operation, Walt Disney World Co. purchased goods
and materials valued in excess of $50,000,'which goods
and materials were received by it directly from points
outside the State of Florida, or from local suppliers who
had in turn received said goods and materials directly
from points outside the State of Florida. During this
same period, the gross revenue of Walt Disney World
Co. was in excess of $500,000.
We find, on the basis of the foregoing, that Walt
Disney World Co. has been at all times material herein
an employer engaged in commerce within the meaning
of Section 2(6) and (7) of the Act, and that it will
effectuate the policies of the Act to assert jurisdiction
herein.
II. THE LABOR ORGANIZATION INVOLVED
The International Alliance of Theatrical Stage Em-
ployees and Moving Picture Machine Operators of the
United States and Canada is a labor organization
within the meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The Unit
The following employees of Walt Disney World Co.
constitute a unit appropriate for collective-bargaining
purposes within the meaning of Section 9(b) of the Act:
3 International Union of Operating Engineers, Local 525, AF-CIO
(Clark Oil & Refining Corporation), 185 NLRB 609 (1970).
B. Recognition of the Union
On April 25, 1972, Disney World extended recogni-
tion to a group of labor organizations known as Disney
World Service Trades Council as the exclusive collec-
tive-bargaining representative for the employees in the
above-mentioned appropriate unit. Respondent was
and is a member of the Disney World Service Trades
Council, and is a signatory to the constitution and
bylaws thereof.
C. Request and Refusal To Bargain
Commencing on or about December 1, 1973, and at
all times thereafter, Disney World has requested Re-
spondent to execute a written collective-bargaining
agreement embodying the terms of a collective-bargain-
ing agreement with Disney World which a majority of
the membership of the Disney World Service Trades
Council ratified. On or about December 1, 1973, Re-
spondent refused and has continued to refuse to execute
said agreement.
Accordingly, we find that, by its refusal to execute
said agreement, the Respondent has engaged in and is
engaging in unfair labor practices within the meaning
of Section 8(b)(3) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICE UPON
COMMERCE
The activities of Respondent set forth in section III,
above, occurring in connection with the operations de-
scribed in section I, above, have a close, intimate, and
substantial relationship 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.
THEATRICAL STAGE EMPLOYEES 301
V. THE REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the meaning
of S. ction 8(b)(3) of the Act, we shall order that it cease
and desist therefrom and, upon request, execute the
collective-bargaining agreement of November 19, 1973,
between Disney World and the Council, of which the
Respondent is a member and ratified by a majority of
the membership thereof on November 28, 1973.
CONCLUSIONS OF LAW
1. Walt Disney World Co. is an employer engaged in
commerce within the meaning of Section 2(6) and (7)
of the Act.
2. International Alliance of Theatrical Stage Em-
ployees and Moving Picture Machine Operators of the
United States and Canada is a labor organization
within the meaning of Section 2(5) of the Act.
3. All employees employed at Disney World Co.'s
"Vacation Kingdom Complex" in Bay Lake, Florida,
in the job classifications of Advanced Culinary Assist-
ant, Advanced Housekeeping-H/H, Advanced Laun-
dry Assistant, Beverage-H/H, Beverage Preparation-
H/H, Car Care-Host, Car Care-Host, Sr., Costume
Specialist, Culinary Assistant, Culinary Helper, Cus-
todial-H/H, Floor Lady, Food & Beverage Assistant,
Food & Beverage Captain, Food & Beverage-H/H,
Food & Beverage Service-H/H, Food & Beverage
Steward, Hospitality-H/H, Housekeeping-H/H, Laun-
dry Assistant, Laundry Helper, Sales-H/H, Sales Spe-
cialist, Steward, Table Lady, Walt Disney World-H/H,
Wardrobe-H/H, Advanced Steward, Stage Operator;
excluding all other employees, security hosts/fire pre-
vention hosts and supervisors as defined in the Act,
constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b) of
the Act.
4. By refusing on or about December 1, 1973, and
continuing to refuse to execute a written collective-
bargaining agreement between Disfley World aild the
Disney World Service Trades Council as agreed upon
November 19, 1973, and subsequently ratified on
November 28, 1973, covering the employees in the
above unit, Respondent has engaged in and is engaging
in unfair labor practices within the meaning of Section
8(b)(3) of the Act.
5. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the meaning
of Section 2(6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor Re-
lations Act, as amended, the National Labor Relations
Board hereby orders that Respondent International Al-
liance of Theatrical Stage Employees and Moving Pic-
ture Machine Operators of the United States and
Canada, Cocoa Beach, Florida, its officers, agents, and
representatives, shall:
1. Cease and desist from refusing to bargain collec-
tively in good faith with Walt Disney World Co. by
refusing to sign the collective-bargaining agreement of
November 1973, on which the Walt Disney World Co.
and the Disney World Service Trades Council, of
which Respondent is a member, have agreed, or from
engaging in any like or related conduct in derogation
-of the statutory duty to bargain.
2. Take the following affirmative action which is
deemed necessary to effectuate the policies of the Act:
(a) Upon request, forthwith execute the November
1973 agreement tendered to it by Walt Disney World
Co., on which agreement was reached between Walt
Disney World Co. and the Walt Disney World Service
Trades Council, of which Respondent is a member.
(b) Post at its business offices and meeting halls co-
pies of the attached notice marked "Appendix."' Co-
pies of said notice, on forms provided by the Regional
Director for Region 12, after being duly signed by Re-
spondent's representative, shall be posted by Respond-
ent immediately upon receipt thereof, and be main-
tained 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 Respondent to insure that said notices
are not altered, defaced, or covered by any other
material.
(c) Notify the Regional Director for Region 12, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
a In the event that 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
National Labor Relations Board" shall read "Posted Pursuant to a Judgment
of the United States Court of Appeals Enforcing an Order of the National
Labor Relations Board."
APPENDIX
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to bargain collectively in
good faith with Walt Disney World Co. by refus-
ing to sign the collective -bargaining agreement of
November 1973 on which the Walt Disney World
Co. and the Disney World Service Trades Council,
of which we are a member , have agreed , or from
engaging in any like or related conduct in deroga-
tion of the statutory duty to bargain.
a
DECISIONS OF NATIONAL LABOR RELATIONS BOARD302
WE WILL, upon request, forthwith execute the
November 1973 agreement tendered to us by Walt
Disney World Co. on which agreement was
reached between Walt Disney World Co. and the
Disney World Service Trades .Council, of which
we are a member.
INTERNATIONAL ALLIANCE OF
THEATRICAL STAGE EMPLOYEES AND
MOVING PICTURE MACHINE
OPERATORS OF THE UNITED STATES
AND CANADA
E