National Labor Relations Board v. Radio & Television Broadcast Engineers Union, Local 1212

Background

A union of television technicians and a stage employees union both claimed the right to provide electric lighting for television shows for Columbia Broadcasting System. Columbia, unable to get the unions to agree, split assignments and sometimes angered one union or the other. When Columbia assigned remote lighting for a big program to the stage employees, the technicians struck, causing the program’s cancellation. Columbia filed a charge, and the National Labor Relations Board held a hearing under section 10(k) of the Act (a provision aimed at settling such jurisdiction fights). The Board declined to award the disputed work to either union and based its decision only on prior Board orders and contracts.

Reasoning

The central question was whether section 10(k) requires the Board to decide, on the merits, which group is entitled to do the work and then award the work accordingly. The Court looked at the language and history of the statute and concluded that Congress intended the Board to “hear and determine” these disputes, not merely check for existing orders or contracts. The Court rejected the Board’s narrower view and held that the Board must make a definite award of the work when called upon, using its experience and appropriate standards.

Real world impact

Because the Board failed to make an affirmative award here, the lower court properly refused to enforce the Board’s cease-and-desist order. Going forward, the Board must resolve jurisdictional fights by deciding which group gets the work, which should reduce disruptive strikes and shift the resolution burden from employers to the Board.