Team San Jose

National Labor Relations Board - Unpublished Board Decisions

Sep 10, 2019

32-WH-240981 (N.L.R.B. Sep. 10, 2019)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TEAM SAN JOSE
Employer
and Case 32-WH-240981
INTERNATIONAL ALLIANCE OF
THEATRICAL STAGE EMPLOYEES,
MOVING PICTURE TECHNICIANS, ARTISTS
AND ALLIED CRAFTS OF THE UNITED
STATES, ITS TERRITORIES AND CANADA,
LOCAL 134
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On May 6, 2019, International Alliance of Theatrical Stage Employees, Moving
Picture Technicians, Artists and Allied Crafts of the United States, its Territories and
Canada (IATSE), Local 134 (the Petitioner) filed with the Regional Director for Region
32 of the National Labor Relations Board a request for certification of representative as
bona fide under Section 7(b) of the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C.
§ 207(b).
On May 10, 2019, the Regional Director for Region 32 served on the parties a
Notice to Show Cause why the Board should not grant the request. On May 10, 2019,
the Employer filed a response, informing the Region that it does not oppose the
Petitioner’s request. No other response was received. As the Region’s investigation
revealed that the Petitioner is the recognized exclusive collective-bargaining
2
representative of the unit employees,1 the Regional Director recommended to the Board
that the requested certification be issued.
No party having shown cause why the requested certification should not be
issued, the National Labor Relations Board certifies that the Petitioner is a bona fide
representative, for purposes of Section 7(b) of the FLSA, of the employees of Team San
Jose in the following unit:2
All persons employed by the Employer who perform stage, theatrical and related
work under the jurisdiction of International Alliance of Theatrical Stage
Employees, Moving Picture Technicians, Artists and Allied Crafts of the United
States, its Territories and Canada (IATSE), Local 134, including work on
premises owned, leased, operated and/or controlled by the Employer or any part
of its subsidiaries and/or within the jurisdiction of Local 134; as well as general
carpentry, building, maintenance, loading and unloading of trucks (excluding the
loading and unloading of trucks on the San Jose Convention Center loading
dock) and/or handling of scenery, properties, venue specific IA electrical duties
e.g. tying in power at the CPA, Civic Auditorium, California Theater, Montgomery
Theater and Parkside Hall for any and all shows, all theatrical lighting (including
all light board operation), laser projection, audio visual, video, electronic and
sound equipment (including all sound board operation), including operation of
spotlights and rigging in the theatre, civic auditorium, rehearsal hall, convention
center, warehouse, motion picture or television locations, coming under the
jurisdiction of Local 134.
Dated, Washington D.C., September 10, 2019
By direction of the Board:
Roxanne Rothschild
Executive Secretary

1 The record indicates that the Employer and the Petitioner entered into a collective-
bargaining agreement effective from July 1, 2014 through June 30, 2019, and
continuing in effect from year to year in the absence of written notice of termination.
2 A certificate of representative as bona fide for purposes of the FLSA does not
necessarily establish the right of the organization so certified to be recognized as the
exclusive bargaining representative of employees within a particular bargaining unit
under the provisions of the National Labor Relations Act. See County of Alameda, 322
NLRB 614 (1996).