Great Western Broadcasting Corporation, D/B/A Kxtv v. National Labor Relations Board

This unfair labor practice proceeding is now in this court for the second time. The proceeding was instituted by the National Labor Relations Board on the complaint of Great Western Broadcasting Corporation, d/b/a KXTV. The complainant operates a television station in Sacramento, California. KXTV was having a labor dispute with the American Federation of Television and Radio Artists, San Francisco Local, and the National Association of Broadcast Em ployees and Technicians, Local 55; and the complaint was filed against these unions.

The case involves an attempt by the two unions, assertedly using coercive methods, to force several companies to cease advertising on KXTV. In its complaint, the company charged that this union activity constituted an illegal secondary boycott as proscribed by section 8(b) (4) (ii) (B) of the National Labor Relations Act (Act), 61 Stat. 140 (1947), as amended, 29 U.S.C. § 158 (b) (4) (ii) (B) (1964). The Board, with one member dissenting, dismissed the complaint, holding that the questioned union activity was protected by the so-called publicity proviso to section 8(b) (4) of the Act. This Board decision and order are reported at 134 N.L.R.B. 1617…