Sound One Corp., 854 (1995)

Docket Number: 02-CA-25528

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Sound One Corp., 854 (1995)

Sound One Corporation and Motion Picture Studio Mechanics, Local 52, International Alliance of Theatrical Stage Employees, AFL-CIO and Union Local 306, Motion Picture Projectionists, Video Technicians and Allied Crafts, International Alliance of Theatrical Stage Employees, AFL-CIO, Party to the Contract. Cases 2- CA-25528, 2-CA-25656, and 2-CA-26121

June 14, 1995

DECISION AND ORDER

BY MEMBERS BROWNING, COHEN, AND TRUESDALE

On February 7, 1995, Administrative Law Judge D. Barry Morris issued the attached decision. The General Counsel and Charging Party filed briefs supporting the judge's decision. The Respondent filed exceptions and a supporting brief and the General Counsel filed an answering brief. The General Counsel and Charging Party filed cross-exceptions and supporting briefs, and the Respondent filed a brief in opposition to the cross-exceptions.

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings,1 and conclusions and to adopt the recommended Order, as modified.2

The judge found that the Respondent did not violate Section 8(a)(5) and (1) by refusing to bargain with Motion Picture Studio Mechanics, Local 52, International Alliance of Theatrical Stage Employees, AFL- CIO (Local 52) until it withdrew its unfair labor practice charges against the Respondent. Without resolving whether the Respondent's vice president, Birnbaum, stated on December 30, 1991, that the Respondent would not negotiate until the charges were dropped- which statement Birnbaum denied-the judge concluded that because negotiations began in April 1992

without the charges being withdrawn, the General Counsel failed to establish by a preponderance of the evidence that the Respondent had unlawfully refused to negotiate. The General Counsel and Charging Party except, claiming that the Respondent unlawfully refused to negotiate during the 4 months between Birnbaum's sta...

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