Broadcast Employees NABET (Osprey Productions)

National Labor Relations Board - Board Decisions

Dec 2, 1977

233 N.L.R.B. 915 (N.L.R.B. 1977)

NATIONAL ASSOCIATION OF BROADCAST EMPLOYEES
National Association of Broadcast Employees and
Technicians, AFL-CIO and Osprey Productions,
Inc.
National Association of Broadcast Employees and
Technicians, AFL-CIO; and National Association
of Broadcast Employees and Technicians, AFL-
CIO, Local 31 and CBS, Inc. Cases 5-CC-828 and
5-CC-829-1, 2
December 2, 1977
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND PENELLO
On October 29, 1976, the National Labor Relations
Board issued a Decision and Order in the above-
entitled proceeding ' in which it adopted the findings,
conclusions, and recommendations of the Adminis-
trative Law Judge as contained in his Decision of
June 17, 1976, and ordered that the Respondents
take the action set forth in the recommended Order
of the Administrative Law Judge.
In Case 5-CC-828 (Osprey Productions, Inc.) the
complaint was issued only against National Associa-
tion of Broadcast Employees and Technicians, AFL-
CIO, NABET. However, when it became clear at the
hearing that NABET's Local 31 was involved, the
General Counsel made a motion at the close of his
case to amend the complaint to allege that the
misconduct attributed to NABET be also attributed
to Local 31. It appeared from the Administrative
Law Judge's Decision, wherein violations of the Act
were found against both NABET and its Local 31,
that the General Counsel's motion was granted. In
any event the Board in its Decision found that
conduct of NABET and its Local 31 was closely
intertwined and that they in effect acted as a single
entity with the same illegal objectives, and that no
showing was made that Local 31 would be thereby
prejudiced by amending the complaint.
Thereafter, Respondent NABET moved the Board
to reconsider its Decision in Case 5-CC-828,
contending that the record does not support a
finding that the Administrative Law Judge granted
the General Counsel's motion to amend the com-
plaint, and further contending that an agreement had
been made among the parties not to amend the
complaint. The Board, having considered the plead-
ings of the parties, remanded the case to Administra-
tive Law Judge Thomas A. Ricci for further findings.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
233 NLRB No. 137
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Administrative Law Judge issued the attached
Supplemental Decision which formally granted the
General Counsel's motion to add Local 31 as a
respondent in Case 5-CC-828 and reopened the
hearing to afford Local 31 opportunity to offer
evidence in opposition to the motion and evidence in
defense to the complaint. Local 31 chose to offer no
evidence.
In these circumstances, and in view of our original
Decision in which the issue as to Local 31's
responsibility for the unfair labor practices alleged in
the complaint was fully litigated and considered, the
Board has decided to affirm the rulings, findings, and
conclusions of the Administrative Law Judge and to
adopt his recommended Order.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board adopts as its Order the recommend-
ed Order of the Administrative Law Judge, and
reaffirms its Order as set forth in its Decision in 226
NLRB 641 issued on October 29, 1976.
226 NLRB 641.
SUPPLEMENTAL DECISION
THOMAS A. RICCI, Administrative Law Judge: Following
issuance of the Board's Decision and Order (226 NLRB
641) in this consolidated proceeding, Respondent Nabet, as
distinguished from Respondent Local 31, subordinate to
Nabet, filed a motion with the Board to delete from the
Board's Order certain unfair labor practice findings made
against Local 31. The basis of the motion was that a
motion by the General Counsel, made during the course of
the hearing, to add Local 31 as a Respondent in Case 5-
CC-828, was not granted on the record by the Administra-
tive Law Judge. Nabet asserts that the General Counsel
withdrew the motion, while the General Counsel and CBS,
the Charging Party in that case, contradict the assertion.
On April 11, 1977, the Board remanded the case to the
Administrative Law Judge "for consideration of the
issues."
By order dated May 6, 1977, 1 formally granted the
General Counsel's motion to add Local 31 as a Respon-
dent, and reopened the hearing to afford Local 31 full
opportunity to offer evidence in defense to the complaint.
The hearing was held on June 20, 1977, at Washington,
D.C. All parties participated.
At the reopened hearing Local 31 chose to offer no
evidence in defense. I find no merit in its contention, made
at the hearing, that in these circumstances it was denied
due process. The question of Local 31's responsibility for
the unfair labor practices alleged in the complaint was fully
litigated at the original hearing, and it offered no further
evidence in defense despite full opportunity to do so now. I
915
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
also find without merit the further argument that Section
10(b) of the Statute requires denial now of the General
Counsel's motion to add Local 31 as a Respondent in Case
5-CC-828.
ORDER
I hereby reaffirm verbatim the findings, conclusions, and
recommendations set out in my Decision issued on June
17, 1976.
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