Gateway Playhouse. An unfair labor practice charge filed recently by Gateway Playhouse against Local 802 for allegedly bargaining in bad faith has been dismissed by a regional director of the National Labor Relations Board.

The charge was filed when 802’s Executive Board refused to ratify a tentative agreement between the union and gateway because it contained a provision which is easily read to permit Gateway to use a virtual orchestra machine or any other similar machine designed to replace live musicians.

The language appeared in the prior agreement and, if left in, would clearly permit the employer to utilize such devices. The Executive Board informed the employer that the clause had to be eliminated or substantially modified. When the employer refused to do either, the board voted to reject the entire agreement, as is our right under the 802 constitution and the AFM bylaws.

The essence of the employer’s charge was the Executive Board’s refusal to ratify, which the NLRB found to be within the board’s right.

The employer has been advised by the board to resume negotiations with 802.