American Federation Of Musicians, Looal No. 24, Of Aikon, Ohio And Gamble Enterprises, Inc., 1528 (1951)
National Labor Relations Board
Linked as:
Extract
American Federation Of Musicians, Looal No. 24, Of Aikon, Ohio And Gamble Enterprises, Inc., 1528 (1951)
In the Matter of AMERICAN FEDERATION OF MUSICIANS, LOOAL No. 24, oF AiKON, OHIO and GAMBLE ENTERPRISES, INC.
Case No. 8-CB-23.-Decided January 25, 1951 DECISION AND ORDER On May 24, 1950, Trial Examiner William E. Spencer issued his Intermediate Report in the above-entitled proceeding finding that the Respondent has not engaged in, and is not engaging in, any unfair labor practices within the meaning of Section 8 (b) (6) of the National Labor Relations Act. Accordingly, he recommended that the complaint be dismissed, setting forth his reasons in his Intermediate Report, a copy of which is attached hereto. Thereafter, the General Counsel, Gamble Enterprises, Inc., the charging party, and the Respondent filed exceptions to the Intermediate Report and briefs in support of their exceptions. On October 17, 1950, the Board heard oral argument at Washington, D. C., in which all parties participated.The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed.' The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, the arguments of counsel for the parties, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner insofar as they are consistent with the findings, conclusions, and order herein contained.1. We agree with the Trial Examiner that Gamble Enterprises, Inc., is engaged in commerce within the meaning of the Act. We further find that, because Gamble Enterprises, Inc., is a multistate enterprise, it will effectuate the policies of the Act to assert jurisdiction in this case involving the Palace Theatre in Akron, Ohio, one of the theatres operated by Gamble Enterprises, Inc.2 2. We agree with the Trial Examiner that the complaint herein should be dismissed, but we base our decision upon different grounds SRespondent filed exceptions to rulings of the Trial Examiner admitting into evidence over the Respondent's objections certain testimony and two exhibits. The evidence objected to relates to an aspect of the case which we do not find necessary to consider in this decision and which does not affect our order herein. Accordingly, we find it unnecessary to rule upon the Respondent's exceptions numbered 4, 9, 10, 11, and 12.2The Borden Company, Southern Division, 91 NLRB No. 109.92 NLRB No. 210.1528 than did the Trial Examiner. The issue in this case is whether the activities complained of on the part of the Respondent violates Section 8 (b) (6) of the Act. Briefly, the record shows that, during the times material in this case, the Palace Theatre in Akron, Ohio, was used primarily for the exhibition of motion pictures with occasional appearances of traveling bands (generally bands of national reputation) as a supplement to the theatre's motion picture programs.Prior to July 1947, whenever a traveling band appeared for an engagement at the Palace Theatre, it was the practice of the management of the theatre to pay the members of a band composed of local musicians, who were members of the Respondent Union, a sum equal to the minimum union wage for a similar engagement, although the local band rarely performed and generally did not even appear at the theatre on the days for which they were paid. Between July 2 and November 12, 1947, (after enactment of the Taft-Hartley Act) there were seven appearances of traveling bands on the stage of the Palace Theatre. No payments were made to local musicians during this period of time and the Respondent voiced no objections. However, in October 1947, Logan O. Teagle, secretary and business manager of the Respondent, requested Ronald W. Gamble, directing manager of the Palace Theatre, to employ a local orchestra whenever a traveling band performed in ...See the full content of this document
Sponsored links
