N.L.R.B. v. Cablevision Systems Development Co.
| Decision Date | 02 March 1982 |
| Docket Number | No. 167,D,167 |
| Citation | 671 F.2d 737 |
| Parties | 109 L.R.R.M. (BNA) 3102, 93 Lab.Cas. P 13,306 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CABLEVISION SYSTEMS DEVELOPMENT COMPANY and Atlantic Cable Television Services Corporation, Respondents. International Brotherhood of Electrical Workers Local Union 25 (Local 25), Intervenors. ocket 81-4067. |
| Court | U.S. Court of Appeals — Second Circuit |
Sandra Shands Elligers, N.L.R.B., Washington, D. C. (William A. Lubbers, Gen Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D. C., of counsel), for petitioner.
William H. Englander, Mineola, N. Y. (Cooper, Englander & Sapir, P. C., Mineola, N. Y.), for respondents.
Richard S. Brook, Garden City, N. Y. (Elihu I. Leifer, Robert D. Kurnick, Sherman, Dunn, Cohen, Leifer & Counts, P. C., Washington, D. C.), for intervenor, Local 25, Intern. Broth. of Elec. Workers, AFL-CIO.
Before MOORE and NEWMAN, Circuit Judges, and GRIESA, * District Judge.
This is an application by the National Labor Relations Board for enforcement of an order issued against Cablevision Systems Development Company and its wholly-owned subsidiary, Atlantic Cable Television Services Corporation. Local 25, International Brotherhood of Electrical Workers, AFL-CIO, has intervened in support of the Board's order. The Board ruled that Cablevision and Atlantic are required to bargain with Local 25. The Board based its ruling on the ground that Cablevision and Atlantic are successors to the obligations of a previous contractor and, alternatively, on the ground that respondents had at one time voluntarily recognized Local 25. We enforce the Board's order on the first ground and deem it necessary to discuss only the issue whether the Board properly applied the so-called "successorship" doctrine.
Cablevision is a partnership engaged in the development, maintenance and operation of cable television in New York and New Jersey. Prior to July 1, 1977 Cablevision subcontracted certain of its Long Island operations to Broadway Maintenance Corporation. The subcontracted operations were the installation of cables and receiver units at the customers' premises, and the subsequent maintenance of this equipment. The installation and maintenance employees of Broadway were represented by Local 25.
In 1977 Cablevision decided to terminate the contract with Broadway. The contract between Cablevision and Broadway ended June 30. Cablevision formed Atlantic to take over the installation and maintenance operations on Long Island, and Atlantic started business on July 1. Most of the employees of Atlantic when it commenced operation (48 out of 53) were former Broadway employees. The 48 employees performed the same jobs for Atlantic as they had formerly performed for Broadway, although as time passed they were "cross-trained" to perform certain additional duties.
Local 25 sought to bargain with Cablevision and Atlantic on behalf of the Atlantic installation and maintenance employees, as it had done with Broadway. Although discussions were held, Cablevision and Atlantic ultimately took the position that there was no duty to bargain with Local 25, which then filed an unfair labor practice charge with the Board.
The Board (treating Cablevision and Atlantic as one employer) ruled that Cablevision had violated Sections 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1) and (5), by refusing to bargain with Local 25. The Board found that the 53 employees of Atlantic were an appropriate bargaining unit and that Local 25 was their proper representative. In reaching its conclusion the Board determined that Cablevision was a successor employer to Broadway.
Section 8(a)(5) makes it an unfair labor practice for an employer "to refuse to bargain collectively with the representatives of his employees." An employer who acquires the business of another must, under certain circumstances, recognize and bargain with the union representing the predecessor's employees. Several factors have been mentioned in the cases as warranting the application of...
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