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In re J. Ned, Inc. and American Federation of Musicians Local 47

105 Lab. Arb. Rep. (BNA) 631 (1995)

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In re J. Ned, Inc. and American Federation of Musicians Local 47

Labor Arbitration
105 Lab. Arb. Rep. (BNA) 631 (1995)

  • Written by Liz Nakamura, JD

Facts

J. Ned, Inc. (JNI) (plaintiff), a nationwide theater business, operated the Pantages Theater in Los Angeles. JNI had a collective-bargaining agreement with the American Federation of Musicians Local 47 (AFM) (defendant), a musicians’ union, applicable to all performances staged at the Pantages. The agreement required JNI to employ a minimum of 18 musicians for all performances and strictly prohibited the use of taped music without prior consent from AFM. However, as an exception to the general rule, if the relevant performance was a traveling attraction that had always used taped music, then AFM was forbidden from unreasonably withholding consent. ICM, a theatrical agency, brought the Moiseyev Dance Company (MDC) from Moscow for tours of the United States in 1986, 1989, 1991, and 1995. Although MDC’s first three tours all incorporated a live orchestra, ICM and MDC developed a new show that used taped music instead of a live orchestra. One of MDC’s scheduled stops on the 1995 tour was a one-week engagement at the Pantages. JNI requested AFM’s consent to use taped music for the performance, just like all other stops on MDC’s tour. AFM denied JNI’s request. JNI filed a grievance before a labor arbitrator.

Rule of Law

Issue

Holding and Reasoning ()

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