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Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts

372 N.L.R.B. No. 28 (2022)

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Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts

National Labor Relations Board
372 N.L.R.B. No. 28 (2022)

SC

Facts

The San Antonio Symphony (the symphony) leased space in the Tobin Center for the Performing Arts (Tobin Center) (defendant). Symphony employees were part of a union (plaintiff) subject to a collective-bargaining agreement. Under the agreement, the employees worked for 30 weeks during the 39-week performance season. The employees used the Tobin Center for 22 of those 30 weeks. The employees learned that Ballet San Antonio was going to use recorded music rather than live music for one of its productions. This meant that the symphony employees would not be able to work during the performance. Some of the employees leafleted in the plaza outside the Tobin Center during one of the performances. The leaflets generally informed patrons that they were going to hear recorded music rather than live music. The Tobin Center called the police and directed the employees to leave Tobin Center property. The union filed a complaint at the National Labor Relations Board (NLRB), alleging that the Tobin Center violated § 8 of the National Labor Relations Act (the act) by depriving the employees of their rights under § 7 of the act.

Rule of Law

Issue

Holding and Reasoning ()

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