Broadcasting Telecasting (Apr-Jun 1957)

PERSONNEL RELATIONS CBS Asks $100,000 In IBEW Local Suit WHAT is described as the first legal action taken by any representative of the radio-tv industry against a labor union under Sec. 303 of the Taft-Hartley Act ("boycotts and other unlawful combinations") came into being last Wednesday as CBS Inc. filed suit for $100,000 damages in U. S. District Court, New York, against Local 1212 of the International Brotherhood of Electrical Workers. The move follows by one week the filing of charges against the local with the National Labor Relations Board [B»T, May 6]. The suit stems from the local's "concerted refusal" last April 21 to permit the airing of a special Antoinette Perry Awards telecast remote via WCBS-TV New York [B«T, April 29]. It seeks damages only for CBS Inc. and its New York station and not for the Pepsi-Cola Metropolitan Bottling Co., Long Island City, which was to have sponsored the show. WCBS-TV lost approximately $8,000 on the show, while the Pepsi bottlers' investment came to over $16,000. (Included in this figure was $5,000 which the bottling subsidiary of the Pepsi-Cola Co. was to have paid for tv rights to the American Theatre Wing, sponsor of the Perry awards. In a separate move last week. Metropolitan's president. Philip H. Rubinstein, though au tomatically released from having to pay the ATW, donated the $5,000 to the non-profit organization as a gift to help defray costs on three of the wing's current projects.) In essence, the brief filed with the court reiterates CBS' position as stated in the charges filed with NLRB the week before. It charges Local 1212 with having "induced and encouraged its members to engage in a strike or concerted refusal to perform any services" for WCBS-TV. Although CBS' attorneys are Rosenman, Goldmark, Colin & Kaye, this particular action is being handled by Emanuel Dannett of McGoldrick, Dannett, Horowitz & Golub, New York, specialists in labor law and former MBS counsel. Mr. Dannett said this action is "wholly independent" from the one taken with NLRB, but that both seek relief for CBS Inc. The NLRB move seeks to restrain the local from further such action— if need be, through an injunction — while the $100,000 suit seeks "punitive damages." The suit also states that Local 1212 has "threatened" the network with similar future action unless lighting work on remotes involving theatrical presentations is assigned to its members. Robert Silagi, counsel for Local 1212, said that since he had not yet seen the charges ("other than having read about them in the newspapers"), he would have no comment to make "at this time." As of late Thursday afternoon, process servers had not been able to locate any representative of the union for serving, CBS counsel said. One question still remaining unanswered is whether the local Pepsi-Cola bottler will institute separate legal action against the IBEW Local 1212. Mr. Rubinstein's office declined to make any statement on such a possibility and referred the matter to its public relations representative, who merely said, "No comment, period." But there are no hard feelings towards WCBS-TV. Understood is the fact that Mr. Rubinstein has ordered time with WCBS-TV for the 1958 "Tony" awards show, assuming the electricians and the stagehands will have effected a truce by that time. WGAW Tv-Radio Unit Elects Slate of Officer Replacements FENTON EARNSHAW, Phil Leslie and James Allerdice have been elected president, vice president and secretary-treasurer, respectively, of the Television-Radio Branch of the Writers Guild of America, West, following the resignation from those posts of David Dortot, Gene Wang and Al Martin. New officers will serve until the next election. The former officers resigned in protest against attempts of the WGAW administration to enforce a "gag rule" prohibiting members from discussing guild affairs with newsmen and others, following criticism which appeared in print regarding the activities of Francis Inglis, WGAW executive secretary. TV wt Bukvio Paul H. Raymer Co., National Representative Broadcasting • Telecasting May 13, 1957 • Page 109