American Broadcasting Companies, Inc v. Writers Guild of America, West Inc Association of Motion Picture and Television Producers, Inc v. Writers Guild of America, West Inc National Labor Relations Board v. Writers Guild of America, West Inc

• Decision Date: 05 December 1977
• Docket Number: 76-1153 and 76-1162,Nos. 76-1121,s. 76-1121
• Citation: 57 L.Ed.2d 313,98 S.Ct. 2423,437 U.S. 411
• Parties: AMERICAN BROADCASTING COMPANIES, INC., et al., Petitioners, v. WRITERS GUILD OF AMERICA, WEST, INC., et al. ASSOCIATION OF MOTION PICTURE AND TELEVISION PRODUCERS, INC., Petitioner, v. WRITERS GUILD OF AMERICA, WEST, INC., et al. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. WRITERS GUILD OF AMERICA, WEST, INC., et al
• Court: U.S. Supreme Court

437 U.S. 411

98 S.Ct. 2423

57 L.Ed.2d 313

AMERICAN BROADCASTING COMPANIES, INC., et al., Petitioners,

v WRITERS GUILD OF AMERICA, WEST, INC., et al.

ASSOCIATION OF MOTION PICTURE AND TELEVISION

PRODUCERS, INC., Petitioner,

v. WRITERS GUILD OF AMERICA, WEST, INC., et al.

NATIONAL LABOR RELATIONS BOARD, Petitioner,

v. WRITERS GUILD OF AMERICA, WEST, INC., et al.

Nos. 76-1121, 76-1153 and 76-1162.

Argued Dec. 5, 1977.

Reargued March 20, 1978.

Decided June 21, 1978.

Syllabus

Respondent union, which represents persons hired to perform writing functions for motion picture and television films (hereinafter respondent), had collective-bargaining contracts with a producers association (petitioner in No. 76-1153) and three television networks (petitioners in No. 76-1121). Among respondent's members are a large number of persons (so-called "hyphenates") who are engaged by petitioners primarily to perform executive and supervisory functions. Though the hyphenates, who include various categories of producers, directors, and story editors, have minor writing tasks, these are not covered in the collective-bargaining contracts; only if the hyphenates are employed to perform additional writing services are the rates therefor governed by those contracts. In connection with their regular, primary duties many of the hyphenates are represented by unions other than respondent. In anticipation of an economic strike upon expiration of its contracts with petitioners, respondent distributed strike rules to its members, including the hyphenates (to whom the rules were made expressly applicable). The rules included a prohibition against crossing a picket line established by respondent at any entrance of a struck premise. After the strike began, petitioners informed the hyphenates that they were expected to continue their regular supervisory functions, though they would not be asked to perform writing duties covered by the union contract. Thereafter respondent notified a large number of the hypenates who had returned to work that they had violated one or more of the strike rules, including in many instances the ban on crossing a picket line. After ensuing disciplinary proceedings (at which there was no proof that hyphenates had performed any work covered by the recently expired contracts) respondent imposed various penalties on the hyphenates. Meanwhile the association and network petitioners filed charges against respondent for allegedly violating § 8(b)(1)(B) of the National Labor Relations Act, which makes it an unfair labor practice for a labor organization to restrain or coerce an employer in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances. After extensive hearings, the Administrative Law Judge made findings that the hyphenates' regular supervisory duties included the performance of grievance adjustment; that the employer insisted that hyphenates return to work, but only to perform supervisory, not rank-and-file, duties; and that the hyphenates who reported did only supervisory work and had the authority to adjust grievances, which they did when the occasion arose. He found that § 8(b)(1)(B) had been violated because, by keeping hyphenates from work, the union had deprived the employer of fully effective § 8(b)(1)(B) representatives. The National Labor Relations Board (NLRB) adopted these findings and conclusions, found that the union's disciplinary action was an unfair labor practice under that provision, and issued a remedial order against respondent. The Court of Appeals denied enforcement. Held: Respondent's actions against the hyphenates violated § 8(b)(1)(B). Pp. 429-438.

(a) In ruling upon a § 8(b)(1)(B) charge growing out of union discipline of a supervisory member who elects to work during a strike, the NLRB must inquire whether the sanction may adversely affect the supervisor's performance of his collective-bargaining or grievance-adjustment tasks and thereby coerce or restrain the employer contrary to that provision. See Florida Power & Light Co. v. Electrical Workers, 417 U.S. 790, 94 S.Ct. 2737, 41 L.Ed.2d 477. Pp. 429-431.

(b) The NLRB's findings were based on substantial evidence that the hyphenates were coerced or restrained from reporting to work; that the employer was thereby deprived of the opportunity to choose particular supervisors as his collective-bargaining or his grievance-adjustment representatives during the strike; and that as to the hyphenates who reported to work there was adequate basis for concluding that the discipline would adversely affect the performance of their grievance-adjustment duties either during or after the strike. Moreover, since as the evidence showed, the union's policy was not to permit a member to resign during a strike and for six months thereafter, the employer could not free a supervisor from further threats of union discipline by requiring him to leave the union. Pp. 431-437.

547 F.2d 159, reversed.

Norton J. Come, Washington, D. C., for petitioner in No. 76-1162.

Harry J. Keaton, Los Angeles, Cal., for petitioner in No. 76-1153.

Charles G. Bakaly, Los Angeles, Cal., for petitioners in No. 76-1121.

Julius Reich, Los Angeles, Cal., for respondents in each case.

Lawrence Gold, Washington, D. C., for AFL-CIO, as amicus curiae by special leave of Court.

Mr. Justice WHITE delivered the opinion of the Court.

The issue in this litigation is whether a labor union commits an unfair labor practice when it disciplines a member who is a supervisory employee for crossing the union's picket line during a strike and performing his regular super isory duties, which include the adjustment of grievances.

I

Respondent Writers Guild of America, West, Inc. (hereafter respondent), represents persons hired to perform writing functions for employers engaged in the production of motion pictures and television films, and in 1973 had contracts with certain petitioners that were about to expire. Petitioner in No. 76-1153 is the Association of Motion Picture and Television Producers, Inc., whose members are engaged in the production of motion pictures and television films. Petitioner represents its members in the negotiation and administration of collective-bargaining contracts. The three television networks, NBC, CBS and ABC, petitioners in No. 76-1121, are also engaged in the production of television films and negotiate and administer collective-bargaining contracts. In March 1973, respondent engaged in a strike against both of these groups of petitioners, picketed the various premises, and issued strike rules that it enforced against its own members. It is this action which gave rise to this case.

Among respondent's members are a substantial number of persons who were engaged by petitioners primarily to perform executive and supervisory functions including the selection and direction of writers and including certain limited writing duties. These persons are referred to as "hyphenates" and include various categories of producers, directors, and story editors.¹ Although the primary function of hyphenates is not to write, they do perform minor writing tasks (referred to in the contract as "A to H" functions) that are an integral part of their primary duties and that expressly are not covered by the contracts between petitioners and respondent.² Only in the event hyphenates are assigned or employed by petitioners to perform additional writing services are the rates for such services governed by the collective-bargaining contracts with respondent. In connection with the performance of their regular, primary duties, which, with the limited exception noted, do not include writing services, many, but not all, hyphenates are represented by labor organizations other than respondent. Some of the contracts between these other organizations and petitioners contained no-strike clauses when the events involved herein occurred. Certain hyphenates were pressured by these other labor organizations to honor these no-strike pledges by reporting to work.

Respondent, meanwhile, was preparing its own kinds of pressure to keep the hyphenates from working. In preparation for the strike, respondent issued and distributed to its members, including the hyphenates, some 31 strike rules. The rules, among other things, forbade any act prejudicial to the welfare of respondent such as conduct tending to defeat a strike or to weaken its effectiveness (Rule 1); prohibited all members "from crossing a picket line which is established by the Guild at any entrance" of a struck premises (Rule 12); forbade the entry of any struck premises for certain purposes and required notice to respondent when entry was made for other purposes (Rule 13);³ and obliged members to accept picket duty when assigned by respondent (Rule 28). Another rule (Rule 30), rescinded midway in the strike, provided that no member could work with any individual, including the writer-executive, who had violated union strike rules.⁴ The strike rules' applicability to hyphenates was made clear in Rule 24: "All members, regardless of the capacity in which they are working, are bound by all strike rules and regulations in the same manner and to the same extent as members who confine their efforts to writing." The rules were widely publicized, and respondent repeatedly emphasized, orally and in writing, that it would enforce the rules against hyphenates. Nor could a hyphenate escape those strictures by resigning, for it was respondent's policy, once the strike was under way not to permit withdrawal from the union, then or for six months following the completion of negotiations.

Petitioners, however, informed the hyphenates that petitioners' operations were continuing and that the hyphenates were expected to report for work and perform their regular supervisory functions. Petitioners were careful to assure that hyphenates would not be requested to perform writing duties covered by the union...