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Crew One Decision

On April 23, 2014, the NLRB issued a Decision and Direction of Election in the case of Crew One Productions, Inc. and IATSE (NLRB 10-RC-124620). The decision came subsequent to a hearing over a petition filed by the IATSE seeking to represent stagehand and wardrobe workers employed by Crew One Productions, Inc. Crew One supplies unrepresented stagecraft personnel for live concerts at various amphitheater, arena and stadium facilities in the Atlanta metropolitan area.

While the decision of the NLRB was largely in favor of the IATSE the issues adjudicated have been raised previously and undoubtedly will be argued again in similar circumstances. Thus, Locals should anticipate and be prepared to rebut employers’ objections that their workers are independent contractors or that our Locals have a conflict of interest that prevents them from being capable of proper representation. Employers will also seek to broaden the eligibility formula for voting in order to dilute the union’s support.

The NLRB has ruled that:

“in the entertainment industry, … it is necessary to devise eligibility formulas that take into account the uniquely irregular pattern of employment in much of the industry, while retaining the flexibility to tailor such formulas to the individual facts of each case.”

Cited from NLRB 10-RC-15344.

On the day before the votes were to be counted the Board impounded the ballots due the employer’s request for review of the Regional Director’s decision. Sixty days after the request for review the Board affirmed the decision. The vote count resulted in the IATSE prevailing by a count of 116-60.