Before McGOWAN and MacKINNON, Circuit Judges, and PRATT,* United States District Judge for the District of Columbia.
UNITED STATES COURT OF APPEALS, DISTRICT OF COLUMBIA CIRCUIT
Application for Enforcement Order of the National Labor Relations board.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MACKINNON
The National Labor Relations Board (NLRB or Board) found that various picketing and handbilling activities of the Local 31, National Association of Broadcast Employees and Technicians, AFL-CIO (Local 31), and the National Association of Broadcast Employees and Technicians, AFL-CIO (International) constituted unfair labor practices under 8(b)(4)(i) and (ii)of the National Labor Relations Act, 29 U.S.C. 158(b)(4)(i) and (ii)(1976). *fn1 The Board issued a cease and desist order, and required designated affirmative action. *fn2 The case is before this Court upon the application of the NLRB pursuant to Section 10(e) of the National Labor Relations Act, 29 U.S.C. § 151 et seq. (1976) for enforcement of its order. I.
Local 31 is the bargaining representative of ABC's Washington News Bureau's technicians, who operate electronic equipment in connection with ABC's remote news "pickups" in the Washington area for radio and television broadcasts. The International is Local 31's parent body. Recent bargaining negotiations were conducted on a nationwide basis by a negotiating committee consisting of a representative from Local 31 and from each of four other affiliated locals that similarly represent technicians at ABC's facilities in other United States' cities. Edward Lynch, the President of the International served as the coordinator and chief spokesman during the negotiations. The Committee called for a strike and economic action against ABC's news coverage in Washington, D.C. on May 16, 1977. It was arranged that the International would be the go-between for ABC and Local 31 for information as to where and when ABC would be covering news events for purposes of picketing. The International was also to outline the rules applicable to picketing at the various locations.
ABC adopted a plan whereby it would set up reserved gates at the news locations for ABC employees usage only. Neutral individuals were to enter other posted entrances at the locations. ABC would also inform the union of these gates. Signs at the reserved gate read:
This entrance is reserved for the employees of the American Broadcasting Company, its lessors, subcontractors and vendors. All such persons working for, or doing business with the American Broadcasting Company must enter through this entrance only. This entrance is not to be used by anyone other than the above named persons.
The signs at the neutral gates read:
This entrance is not to be used by the employees of the American Broadcasting Company, its lessors, subcontractors and vendors. All such persons working for, or doing business with the American Broadcasting Company must enter only through the entrance specifically reserved for their use.
President Lynch notified ABC that it was the International's position that the reserved gate procedure should not apply to news coverage at locations other than at news stations.
This case concerns picketing and handbilling away from ABC's news stations at three separate events and locations: 1) coverage of Vice President Mondale's speech at the Hyatt Regency Hotel in Washington; 2) coverage of Secretary of Transportation Brock Adams' speech at the Mayflower Hotel in Washington; and 3) a speech made by Senator Edward Kennedy at the International Inn in Washington that ABC did not cover. The activity at each hotel will be discussed in detail.
Hyatt Regency Hotel Activities
The day before Vice President Mondale was to speak at the Hyatt Regency, Kevin Delany, ABC's Assistant Washington Bureau Chief and Director of Television News informed the hotel's banquet manager of the strike and discussed with her the separate entrance plan. The Hyatt designated a side entrance that led into the ballroom where the speech would be held as a reserved gate for ABC employees. Delany then informed the International of the arrangements, concluding that ABC expected any picketing would be confined to the ABC reserved gate. International President Lynch passed this information on to Local 31.
The following morning Delany and Hyatt's assistant banquet manager posted the entrance reserved for ABC. They also designated by posting as neutral entrances, barred to ABC personnel, the main hotel entrance on New Jersey Avenue and a nearby VIP entrance. There is no evidence that ABC personnel used any door but ...