Atlantic Theater Company

Case Number: 02-RM-329986

Date Filed: 11/14/2023

Status: Open

No. of Employees: 50

Location: New York, NY

Region Assigned: Region 02, New York, New York

Unit Description: Included: All stagehands currently working at Atlantic Theater Company in the Linda Gross Theater for Atlantic Theater Company MainStage Productions and all additional stagehands who have a reasonable expectation of future reemployment at the Linda Gross Theater working for Atlantic Theater Company MainStage Productions. Excluded: All full-time and regular part-time employees in the following job classifications: Production Manager, Technical Director, Lighting Supervisor, as well as all other Theater employees including managerial employees and supervisors as defined in the Act. Atlantic Theater reserves the right to present evidence and testimony to support the exclusion of the Production Manager, Technical Director, and Lighting Supervisor (the “Identified Supervisors”), or any other managerial or supervisory employees challenged, from the bargaining unit. If IATSE objects to the exclusion of the Identified Supervisors from the unit, then Atlantic Theater requests a hearing and decision on this issue prior to any election. A resolution prior to any election is critical given the Identified Supervisors’ supervisory responsibilities, and their necessary involvement in any campaign Atlantic Theater conducts during an election. Atlantic Theater will not be able to proceed without first confirming the supervisory status of the Identified Supervisors, due to the potential consequences now articulated in Cemex. That is, the risk of getting an unfair labor practice charge, and according to Cemex, a bargaining order if the Identified Supervisors are misclassified and, as a result of their misclassification, utilized in Atlantic Theater’s campaign efforts. This is a risk that Atlantic Theater cannot, and should not, be required to take.