A group of cameramen and other technical staffers at the Golf Channel will have the opportunity to break ties with big labor next week after a federal labor arbiter dismissed union objections.
John Gallagher, an employee at the Golf Channel, filed a petition with the National Labor Relations Board in June after collecting signatures from more than 30 percent of his colleagues. The board, which oversees all union elections, approved his petition, and scheduled a mail-in ballot election that will conclude on Wednesday.
The union became the sole bargaining representative for the technical staff at the Golf Channel in 2013. Gallagher and his supporters had to overcome several legal objections filed by the International Alliance of Theatrical Stage Employees (IATSE), an AFL-CIO affiliate.
Union officials argued that they received notice outside the timeline mandated by newly minted election rules approved by the board in April. Claude T. Harrell, Jr., the director of the board’s Atlanta office, approved the petition on Monday following a two-day hearing.
He dismissed union objections, ruling that Gallagher "acted in good faith" and provided adequate notice to union officials.
"While conceding it subsequently received all the required documents from the Region and had no evidence that it was prejudiced, it argues a rule is a rule and therefore the petition must be dismissed. I disagree," Harrell said.
The ruling raises the possibility that board employees and misunderstandings about the new regulations were to blame.
"Part of the failure to provide the documents could be attributable to the incomplete and confusing instructions the Petitioner received from the Board agent following initial receipt of the petition as to what documents were required and thereafter as to what was required regarding the Statement of Procedure form. Given the newness of the rules, the confusing instructions and his inexperience in filing petitions, it is quite understandable as to the Petitioner’s failures. Accordingly, I find he made a good faith effort to comply with the rules," he ruled.
The workers received legal assistance from the National Right to Work Legal Defense Foundation. Mark Mix, the foundation’s president, praised Harrell for allowing Gallagher to move forward.
"John Gallagher and his fellow employees successfully fought off attempts by IATSE officials to stop them from even having a vote to throw out the unwanted union," Mix said in a statement. "This case shows the bureaucratic hurdles that union bosses regularly use to hold on to their monopoly power and stifle the will of independent workers."
IATSE represents technical staff across the country. Because camera operators and other technical staff are spread out around the country, the National Labor Relations Board is arranging a mail-in ballot campaign.
"We hope the employees wishing to exercise their rights through this election will go forward without further delay tactics by union officials; however, history suggests an appeal of the Regional Director’s decision or use of other delaying tactics in an attempt to prevent employees from even having a chance to vote would not be surprising," Mix said.
IATSE did not return requests for comment about the board’s decision.
Voting will come to an end on July 15.