Times Mirror Corp.

National Labor Relations Board - Board Decisions

Mar 19, 1985

274 N.L.R.B. 1014 (N.L.R.B. 1985)

1014 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
KDFW-TV, Inc., a Division of Times Mirror Corpo-
ration and American Federation of Television
and Radio Artists/Screen Actors Guild. Case
16-CA-11817
19 March 1985
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
Upon a charge filed by the Union on 4 Septem-
ber 1984, the General Counsel of the National
Labor Relations Board issued a complaint on 1 Oc-
tober 1984 against the Company, the Respondent,
alleging that it has violated Section 8(a)(5) and (1)
of the National Labor Relations Act.
The complaint alleges that on 24 July 1984, fol-
lowing a Board election in Case 16-RC-8681, the
Union was certified as the exclusive collective-bar-
gaining representative of the Company's employees
in the unit found appropriate. (Official notice is
taken of the "record" in the representation pro-
ceeding as defined in the Board's Rules and Regu-
lations, Secs. 102.68 and 102.69(g), amended Sept.
9, 1981, 46 Fed.Reg. 45922 (1981); Frontier Hotel,
265 NLRB 343 (1982).) The complaint further al-
leges that since 18 July 1984 the Company has re-
fused to bargain with the Union and has refused to
furnish the Union with information which the
Union has requested that is necessary for and rele-
vant to its function as the exclusive collective-bar-
gaining representative of the unit. On 18 October
1984 the Company filed its answer admitting in
part and denying in part the allegations in the com-
plaint.
On 27 November 1984 the General Counsel filed
a Motion for Summary Judgment. On 11 Decem-
ber 1984 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
Company filed a response.
Ruling on Motion for Summary Judgment
On 24 July 1984 the Regional Director for
Region 16 issued a Certification of Representative
certifying the Union as the exclusive collective-bar-
gaining representative of the employees in the fol-
lowing unit: directors, producers, assignment edi-
tors, associate producers, desk assistants and tele-
mation operators, both full and part-time, excluding
all office clericals, technicals, and guards and su-
pervisors as defined in the Act.' The Decision and
' On 13 January 1984 the Union was certified in Case 16-RC-8646 as
the exclusive collective -bargaining representative of all full-time and part-
time on-air news department personnel (staff or freelance ), including but
Direction of Election had issued on 20 April 1984.
The Employer requested review, claiming that di-
rectors, producers, and assignment editors were su-
pervisors. The Board denied the Employer's re-
quest for review on 11 July 1984, Member Hunter
dissenting. The election was conducted on 15 May
1984. On 16 July 1984 the ballots were counted.
The tally showed 15 for and 3 against the Union
with 1 challenged ballot, an insufficient number to
affect the results of the election.
In its answer to the complaint and its response to
the Notice to Show Cause, the Respondent admits
all factual allegations of the complaint including its
refusal to recognize and bargain with the Union,
which has been certified as the collective-bargain-
ing representative of certain of the Respondent's
employees, and its refusal to furnish the Union re-
quested information concerning those employees,
but denies the conclusionary allegation that its acts
constitute an unfair labor practice, contending that
the Union's certification was improperly issued,
and that it "has additional testimony it could
adduce in support of its position" at a reopened
hearing, which it requests.
It is well settled that in the absence of newly dis-
covered and previously unavailable evidence or
special circumstances, a respondent in a proceeding
alleging a violation of Section 8(a)(5) is not entitled
to relitigate issues that were or could have been
litigated in a prior representation proceeding. See
Pittsburgh Glass Co. v. NLRB, 313 U.S. 146, 162
(1941); Secs. 102.67(1) and 102.69(c) of the Board's
Rules and Regulations.
All issues raised by the Company were or could
have been litigated in the prior representation pro-
ceeding. The Company does not offer to adduce at
a hearing any newly discovered and previously un-
available evidence, only "additional testimony."
Nor does it allege any special circumstances that
would require the Board to reexamine the decision
made in the representation proceeding. We there-
fore find that the Company has not raised any issue
that is properly litigable in this unfair labor prac-
tice proceeding. Accordingly, we grant the Motion
for Summary Judgment.2
not limited to anchors, sports reporters , weather casters , and news report-
ers
On 24 July 1984, following an election held on 15 May 1984, the
Union was certified in Case 16-RC-8681 as the exclusive collective-bar-
gaining representative of directors, producers, assignment editors, associ-
ate producers , desk assistants and telemation operators , both full and part
time These employees , having voted also to be included in the unit certi-
fied in Case 16-RC-8646, were then included in the overall unit
2 Member Hunter has reviewed the record of the representation pro-
ceedings, and agrees with the Decision and Direction of Election Chair-
man Dotson did not participate in the underlying representation proceed-
mg
274 NLRB No. 151
KDFW-TV, INC
On the entire record , the Board makes the fol-
lowing
FINDINGS OF FACT
1. JURISDICTION
The Company , a Texas corporation, is engaged
in the operation of a television broadcasting station
at its facility in Dallas, Texas , where it annually de-
rives gross revenues in excess of $100 ,000 and re-
ceives goods and materials valued in excess of
$50,000 which are shipped directly to the facility
from points outside Texas . We find that the Com-
pany is an employer engaged in commerce within
the meaning of Section 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 election held 15 May 1984, the
Union was certified 24 July 1984 as the collective-
bargaining representative of the employees in the
following appropriate unit:
Included.- Directors , producers , assignment
editors , associate producers , desk assistants and
telemation operators , both full and part-time,
all full-time and part -time on -air news depart-
ment personnel (staff or freelance), including
but not limited to anchors , sports reporters,
weather casters, and news reporters , employed
at the Employer 's KDFW-TV Station at its
Dallas and Forth Worth, Texas studios.
Excluded: Office clerical employees , techni-
cal employees, independent contractors,
guards and supervisors as defined in the Act.
The Union continues to be the exclusive represent-
ative under Section 9 (a) of the Act.
B. Refusal to Bargain
Since 18 July 1984 the Union has requested the
Company to bargain, and since 18 July 1984 the
Company has refused . We find that this refusal
constitutes an unlawful refusal to bargain in viola-
tion of Section 8(a)(5) and (1) of the Act.
C. Refusal to Furnish Information
By letter dated 18 July 1984, the Union request-
ed Respondent to furnish it with the following in-
formation:
1. Present salary of each member of the bar-
gaining unit . The original date of hire and
the date and amount of the last salary in-
1015
crease for each member of the bargaining
unit.
2. For the second quarter of 1984 . . . the
total earnings , overtime earnings, hours
worked and fees paid to members of this
unit both for local and network use.
3. All current policies , as they relate to vaca-
tions , sick leave , leave of absence , expenses,
per diem , length of work day, overtime, in-
surance and pension benefits , holiday pay,
jury duty pay, funeral leave , outside em-
ployment , and use of an automobile.
The information requested by the Charging
Party , as described above , is necessary for, and rel-
evant to, the Union 's performance of its functions
as the exclusive collective -bargaining representative
of the unit.
Since 18 July 1984 the Respondent has refused
to furnish the Union with the requested informa-
tion . We find that this refusal constitutes an unlaw-
ful refusal to bargain in violation of Section 8(a)(5)
and (1) of the Act.
CONCLUSIONS OF LAW
By refusing on and after 18 July 1984 to bargain
with the Union as the exclusive collective-bargain-
ing representative of employees in the appropriate
unit , and by refusing to furnish the Union with re-
quested information , the Company has engaged in,
and is engaging in, unfair labor practices affecting
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 law, we shall construe the ini-
tial period of the certification 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 , KDFW-TV, Inc ., a Division of
1016 DECISIONS OF NATIONAL `LABOR -RELATIONS BOARD
Times Mirror Corporation, Dallas, Texas, its offi-
cers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain with American Federa-
tion of Television and Radio Artists/Screen Actors
Guild as the exclusive bargaining representative of
the employees in the bargaining unit.
(b) Refusing to furnish the Union, on request,
with information necessary for and relevant to its
performance of its functions as the exclusive collec-
tive-bargaining representative of the unit.
(c) In any like or related manner interfering
with, restraining, or coercing employees in the ex-
ercise of the rights guaranteed them by Section 7
of the Act.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) On request, bargain with the Union as the ex-
clusive representative of the employees in the fol-
lowing appropriate unit on terms and conditions of
employment and, if an understanding is reached,
embody the understanding in a signed agreement:
Included: Directors, producers, assignment
editors, associate producers, desk assistants and
telemation operators, both full and part-time,
all full-time and part-time on-air news depart-
ment personnel (staff or freelance), including
but not limited to anchors, sports reporters,
weather casters, and news reporters, employed
at the Employer's KDFW-TV Station at its
Dallas and Forth Worth, Texas studios.
Excluded.- Office clerical employees, techni-
cal employees, independent contractors,
guards and supervisors as defined in the Act.
(b) On request, furnish the Union with informa-
tion necessary for collective bargaining, including
the present salary; date of hire and amount of last
salary increase of each unit employee; the total
earnings, overtime earnings, hours worked, and
fees paid to unit employees both for local and net-
work use for the second quarter of 1984; and all
current policies, as they relate to vacations, sick
leave, leave of absence, expenses, per diem, length
of work day, overtime, insurance and pension bene-
fits, holiday pay, jury duty pay, funeral leave, out-
side employment, and use of an automobile.
(c) Post at its facility in Dallas, Texas, copies of
the attached notice marked "Appendix."3 Copies
of the notice, on forms provided by the Regional
Director for Region 16, after being signed by the
Respondent's authorized representative, shall be
9 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 Judgment
of the United States Court of Appeals Enforcing an Order of the Nation-
al Labor Relations Board "
posted by the Respondent immediately upon re-3
ceipt ' and maintained for 60 consecutive days in
conspicuous places including all places where no-',,
tices to employees are customarily, posted. Reason-
able steps shall be taken by the Respondent to
ensure that the notices are not altered, defaced, or
covered by any other material.
(d) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
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 violated the National Labor Relations Act
and has ordered us to post and abide by this notice.
WE WILL NOT refuse to bargain with American
Federation of Radio and Television Artists/Screen
Actors Guild as the exclusive representative of the
employees in the bargaining unit.
WE WILL NOT refuse to furnish to the Union in-
formation which it requests which is necessary for
and relevant to its functions as the exclusive collec-
tive-bargaining representative of the Unit.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce you in the exer-
cise 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 bargaining unit:
Included: Directors, producers, assignment
editors, associate producers, desk assistants and
telemation operators, both full and part-time,
all full-time and part-time on-air news depart-
ment personnel (staff or freelance), including
but not limited to anchors, sports reporters,
weather casters, and news reporters, employed
at the Employer's KDFW-TV Station at its
Dallas and Forth Worth, Texas studios.
Excluded. Office clerical employees, techni-
cal employees, independent contractors,
guards and supervisors as defined in the Act.
WE WILL furnish, on request, information neces-
sary for collective bargaining including the present
salary; date of hire and amount of last salary in-
crease of each unit employee; the total earnings,
overtime earnings, hours worked, and fees paid to
unit employees both for local and network use for
KDFW-TV, INC. 1017
the second quarter of 1984; and all current policies, pay, jury duty pay, funeral leave, outside employ-
as'they relate to vacations , sick leave , leave of ab - ment, and use of an automobile.
sence, expenses , per diem, length of work day,
overtime , insurance and pension benefits, holiday KDFW-TV, INC., A DIVISION OF
TIMES MIRROR CORPORATION