VG

Your contention that this decision somehow establishes any rules for who would vote in a representational election is flat out wrong. Clearly the “unit” that was recognized was larger than the cast of any individual show. In fact, the only limitation was that the voters had to have actually WORKED the contract on three days in the previous nine months in order to be eligible to vote. Imagine, actually limiting the vote to working actors. Do you think that standard applies today?

And maybe you missed this little gem on page 5:

“In addition to the “live” television field, the TVA is specifically empowered to to organize performers engaged in making films for television showing.”

I guess some old documents are more useful than others, and parts of some useful documents are not useful at all.

The reason why the Dana case is irrelevant to SAG and AFTRA is because jurisdiction over digital TV production is already established through the collective bargaining agreements. In essence, the members of the union have agreed to joint representation, but may exercise their personal right not to work under one or the other if they so choose. The time to try to change that arrangement is restricted to a brief window before the end of the collective bargaining agreement, and the only method is decertification. The once-popular campaign cry for an election to choose your favorite union was as legally meritless as relying on Dana.

Candidate Obama got the support of a large portion of organized labor by promising to promote new law that would make card-check binding, whether or not the employer consented. There has been absolutely no follow through on the promise.

CARD CHECK – “as the name suggests, the workers literally sign a card that expresses support for the union; then, a neutral third party checks the cards, and, by previous agreement, if a majority indicate their support for the union, the employer recognizes the union and the parties sit down to bargain a contract over wages, benefits, job security and other issues. The beauty of the card check initiative is that it effectively eliminates the campaign of intimidation that employers routinely embark upon during a union organizing drive.”

OF COURSE, SAG AND AFTRA DO NOT ORGANIZE IN THIS FASHION. SAG AND AFTRA NEGOTIATE COLLECTIVE BARGAINING AGREEMENTS WITH A PRODUCERS’ ASSOCIATION, AND THEN PROSPECTIVE EMPLOYERS EITHER ACCEPT THOSE TERMS AND CONTRACTS OR GO NON-UNION.

n1 At the hearing, the Petitioner moved to dismiss the petition as to Television Film Producers Association and all its members except Jerry Fairbanks, Inc. This motion is hereby granted.

So, if you find anyone who works for Jerry Fairbanks, Inc., you go throw this decision in their face. Anyone else can ignore it. It doesn’t apply to them, and never did.

For Fred, our lawyer friend says the decision is cited as 93 N.L.R.B. 929 (1951).”
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Even Fred Wilhelms agrees with me.

“You’re right about the scope of the case,”

Read Kausfiles at Slate.com, it is a component of the Employee Free Choice Act.

http://en.wikipedia.org/wiki/Employee_Free_Choice_Act