In the last few months, a lot has happened at Dallas Black Dance Theatre.
After dancers unionized, they say the company retaliated against them through a series of actions. Then, management fired all of its main company dancers, saying it was due to a social video posted by the dancers. But the dancers say what’s happening is much deeper: They describe a cultural divide at the dance company.
To understand what to expect moving forward, here are a few key takeaways:
1. The back and forth between dancers and management has been going on for months.
Dancers unionized with the American Guild of Musical Artists in May. They said the dance company retaliated against them with actions like firing a dancer and cutting off a supplemental income stream.
In June and August, AGMA filed unfair labor practice charges. Then, the company fired all main company dancers in August.
The dance company filed an unfair labor practice charge against the union in September.
2. The dance company did not voluntarily recognize the union
There are two ways employees can form a union: voting in an election or getting an employer to voluntarily recognize a union, according to the National Labor Relations Board website.
The former DBDT dancers notified management on April 30 they planned to unionize. DBDT did not voluntarily recognize the union. This led dancers to seek recognition through a NLRB election; they unanimously voted to unionize on May 29.
3. Both the National Labor Relations Board and the city of Dallas are investigating Dallas Black Dance Theatre.
The NLRB is currently investigating unfair labor practice charges the union filed against the dance company. They’ll also be looking into a charge the Dallas Black Dance Theatre filed in September against the union.
Grant Hayden, a SMU professor who teaches labor law and corporate governance, said the NLRB’s regional director will decide whether to issue a complaint and move forward with the case based on the findings.
“If they do decide to issue a complaint, among the things the complaint will say is probably that the board thinks that these employees were fired because they organized into a union,” he said.
In the next few weeks, you can also look out for a report on the findings of an investigation by the city of Dallas’ Office of Inspector General Division. They’re looking into the facts and timeline of the firing of dancers at DBDT.
4. A decision from the NLRB will likely take months
The NLRB’s investigation typically takes a few months because the organization will need to talk to people and gather evidence. But it’s hard to know how long the process will take because there are a number of factors like NLRB staffing levels and the complexity of the case.
“I think it varies greatly depending on the nature of the investigation,” Hayden said.
While the investigation could take months, the entire process, including appeals, could take years.
5. No matter the outcome of the NLRB investigation, the union and dance company will need to work together.
That’s because the union will represent the dancers who fill those positions at DBDT.
“So the dance company and the union continue to have an obligation to bargain with each other over the terms and conditions of employment,” he said.
That means DBDT can’t make broad changes to their terms and conditions. They have to go through the union and bargain for a contract.
“So even though the former set of dancers used to be the people employed in those positions and they’re out, that doesn’t mean the union’s out.”
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