National Broadcasting Co. v. Unemployment Insurance Appeals Board

The National Broadcasting Company, Inc. (NBC) sought a writ of mandate in the Superior Court of Los Angeles County to require the California Unemployment Insurance Appeals Board (the Board) to vacate a decision awarding unemployment insurance benefits to certain of NBC’s California-based employees. The superior court denied relief. NBC appeals. We reverse.

March 31, 1976, was the expiration date of the then current collective bargaining agreement between NBC and the National Association of Broadcast Employees and Technicians (NABET). The latter is a labor organization representing NBC’s technical employees nationwide.

Negotiations on a new agreement began in February of 1976. NABET’s strategy was to press for a new contract prior to March 31, 1976, in order to obtain leverage in its negotiations with other employers. When no agreement appeared to be forthcoming the Federal Mediation and Conciliation Service suggested extension of the current agreement to May 1, 1976, and a resumption of bargaining on April 19, 1976. NBC agreed but NABET rejected the proposal and called a nationwide strike against NBC on March 31, 1976, after giving NBC four hours notice.

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