Aftra, San Diego Local v. National Labor Relations Board

MEMORANDUM **

The American Federation of Television and Radio Artists, San Diego Local (AF-TRA) seeks a review of the National Labor Relations Board (NLRB) decision that Midwest Television, Inc., d/b/a KFMB Stations (KFMB) did not violate Sections 8(a)(1) or 8(a)(5) of the National Labor Relations Act (the Act). See 29 U.S.C. § 158 (a)(1) & (5). At issue is whether KFMB violated the Act when it reduced employee Richard Moorten’s hourly wage to the union scale, when Station Manager Ed Trimble sent a letter on September 19, 2001, to all employees explaining the reduction based on AFTRA’s bargaining tactics, and when KFMB withdrew Union recognition. We assume the parties’ familiarity with the facts and the record of prior proceedings, which we refer to only as necessary to explain our decision. For the reasons given below, we now deny AF-TRA’s petition for review. 1

The NLRB determined that KFMB was entitled to unilaterally change Moorten’s above-scale wage rate because it resulted from permissive direct dealing. The NLRB, however, need not have reached this issue. AFTRA had revoked KFMB’s ability to enter into any new personal service contracts (PSCs) after July 31, 2001. Moorten…