The Screen Actors Guild-American Federation of Television & Radio Artists (“SAG-AFTRA”) and the Writers Guild of America West filed unfair labor practice (“ULP”) charges against NBCUniversal this week. The ULPs are the latest turn in a months-long strike, the first Hollywood strike in 15 years. For more on the strike, check out Jackson Kelly’s own Grace Hurney and her take on Artificial Intelligence’s role in the strike in the post, Say Goodnight Jimmy: Artificial Intelligence and the WGA Strike.
SAG-AFTRA and the Writers Guild accuse NBCUniversal of making the striking writers and actors picket in “busy streets with significant car traffic,” and alleged that two picketers have already been hit by vehicles. Further, they accuse NBCUniversal of not setting up barriers for their safety after the LAPD instructed the company to take action to protect the strikers.
SAG-AFTRA and the Writers Guild filed the ULP pursuant to Section 10(j) of the National Labor Relations Act, which allows the Board to seek injunctive relief as a case unfolds, and cited to NBCUniversal’s “egregious and flagrant actions” and the “threat of bodily harm” to the strikers. Section 10(j) states:
The Board shall have power, upon issuance of a complaint as provided in subsection (b) charging that any person has engaged in or is engaging in an unfair labor practice, to petition any United States district court, within any district wherein the unfair labor practice in question is alleged to have occurred or wherein such person resides or transacts business, for appropriate temporary relief or restraining order. Upon the filing of any such petition the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction to grant to the Board such temporary relief or restraining order as it deems just and proper.
The ULPs come shortly after the company was also accused of trimming trees near Universal Studios and depriving the strikers of shade, though it was not clear when the trees were trimmed. The City of Los Angeles has opened an investigation into the trimming, as no permit was apparently issued. While not a part of the ULPs presently, various Writers Guild organizations have amplified the tree trimming—during a record heatwave—as further evidence of picket-busting, prompting NBCUniversal to provide the picketers with tents for additional shade.
All of this is to say, lawful strikes generally cannot be stopped. It is therefore imperative for an employer to be informed of its rights but also any limitations and qualifications on the exercise of those rights.
2023 has been a significant year for labor law. Between the Supreme Court’s decision in Glacier Northwest, the ongoing writers/actors strike, and the NLRB targeting Non-Compete Agreements, developments in labor law are happening quickly. Employers who are concerned or have questions about these and other developments should contact a member of the Jackson Kelly Labor & Employment Team.