ORDER
Respondent, Televicentro of Puerto Rico, LLC d/b/a WAPA-TV, its officers, agents, successors, and assigns, shall 10
1. Cease and desist from a. Maintaining overly broad provisions in its exclusivity agreements stating, in relevant part, as follows: 15
i. In the termination provision stating that the term "cause" includes but is not limited to: making "egregiously offensive" comments towards the Company, executives, directors, its employees or clients "and/or which may disrupt or harm Company operations" and "violation of 20 any duty of loyalty."
ii. In the non-contempt provision, stating that "the Employee may not, either in writing or verbally… denigrate, discredit or disparage the Company, its affiliates, including all directors, executives, officials, 25 employees, shareholders, associates, members, agents or representatives of any of the above, related to his employment, including the content of this Agreement or regarding any of his past or present activities; or express and/or publicize (either in writing or verbally) statements that include and/or mention any of the 30 aforementioned parties in an unfavorable manner."
iii. In the choice of forum provision, stating that any dispute that emerges regarding the interpretation, scope, conditions, application and/or compensation under this Agreement… "shall not be subject to any 35 complaints and grievances procedures."
b. In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of the rights guaranteed in Section 7 of the Act.
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2. Take the following affirmative action necessary to effectuate the policies of the Act:
(a) Rescind the provisions in the exclusivity agreements found to be overly broad.
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,_,s2e ._.,,6-Z__, JD-28-25
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(b) Provide current and former employees who have been parties to an exclusivity agreement at any time since March 13, 2023, with notice that the provisions found overly broad have been rescinded, or in the alternative, provide them with revised exclusivity agreements with lawfully worded provisions.
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(c) Within 14 days after service by the Region, post at its Guaynabo, Puerto Rico facility, copies of the attached notice marked "Appendix."6Copies of the notice, on forms provided by the Regional Director for Region 12, after being signed by the Respondent's authorized representative, shall be posted by the Respondent and maintained for 60 consecutive days in conspicuous places, including all places where notices to employees are customarily 10 posted. In addition to the physical posting of paper notices, the notices shall be distributed electronically, such as by email, posting on an intranet or internet site, and/or other electronic means, if the Respondent customarily communicates with its employees by such means. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. In the event that, during the pendency of these 15 proceedings, the Respondent has gone out of business or closed the facility involved in these proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the notice to all current and former employees employed by Respondent at any time since March 13, 2023.
(d) Within 21 days after service by the Region, file with the Regional Director for 20 Region 12 a sworn certification of a responsible official on a form provided by the Region attesting to the steps that the Respondent has taken to comply.
Dated, Washington, D.C., April 2, 2025. 25
G. Rebekah Ramirez
Administrative Law Judge
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JD-28-25
APPENDIX
NOTICE TO EMPLOYEES
Posted by Order of the National Labor Relations Board An Agency of the United States Government The National Labor Relations Board has found that we violated Federal labor law and has ordered us to post and obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union Choose representatives to bargain with us on your behalf Act together with other employees for your benefit and protection Choose not to engage in any of these protected activities.
WE WILL NOT maintain overly broad provisions in our employment exclusivity agreements stating that employees may be terminated for cause for making "egregiously offensive" comments towards the Company, executives, directors, its employees or clients "and/or which may disrupt or harm Company operations," and/or for engaging in a violation of any "duty of loyalty."
WE WILL NOT maintain overly broad provisions in our employment exclusivity agreements stating that employees "may not, either in writing or verbally, denigrate, discredit or disparage the Company, its affiliates, including all directors, executives, officials, employees, shareholders, associates, members, agents or representatives of any of the above, related to their employment, including the content of the exclusivity agreement or regarding any of their past or present activities; or express and/or publicize (either in writing or verbally) statements that include and/or mention any of the aforementioned parties in an unfavorable manner."
WE WILL NOT maintain overly broad provisions in our employment exclusivity agreements stating that any dispute that emerges regarding the interpretation, scope, conditions, application and/or compensation under the exclusivity agreement "shall not be subject to any complaints and grievances procedures."
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of your rights guaranteed you under Section 7 of the National Labor Relations Act.
WE WILL rescind or lawfully revise the above provisions in our employment exclusivity agreements.
WE WILL provide all current and former employees who have been have parties to an exclusivity agreement at any time since March 13, 2023, with notice that the provisions found overly broad have been rescinded, or in the alternative, provide them with revised exclusivity agreements with lawfully worded provisions.
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JD-28-25
TELEVICENTRO OF PUERTO RICO, LLC
d/b/a WAPA-TV
(Employer)
Dated By
(Representative) (Title) The National Labor Relations Board is an independent Federal agency created in 1935 to enforce the National Labor Relations Act. It conducts secret-ballot elections to determine whether employees want union representation, and it investigates and remedies unfair labor practices by employers and unions. To find out more about your rights under the Act and how to file a charge or election petition, you may speak confidentially to any agent with the Board's Regional Office set forth below. You may also obtain information from the Board's website: www.nlrb.gov NLRB Region 12
201 E Kennedy Blvd, Ste 530, Tampa, FL 33602-5824 Telephone: (813) 228-2641 Hours of operation: 8:00 a.m. to 4:30 p.m. NLRB Subregion 24
La Torre de Plaza Las Americas
525 F.D. Roosevelt Ave., Ste 1002 San Juan, PR 00918-8001 Telephone: (833) 215-9196 Hours of operation: 8:30 a.m. to 5:00 p.m. The Administrative Law Judge's decision can be found at www.nlrb.gov/case/12-CA-318092 or by using the QR code below. Alternatively, you can obtain a copy of the decision from the Executive Secretary, National Labor Relations Board, 1015 Half Street, S.E., Washington, D.C. 20570, or by calling (202) 273-1940.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE
DATE OF POSTING AND MUST NOT BE ALTERED, DEFACED, OR COVERED BY ANY
OTHER MATERIAL. ANY QUESTIONS CONCERNING THIS NOTICE OR COMPLIANCE
WITH ITS PROVISIONS MAY BE DIRECTED TO THE ABOVE REGIONAL OFFICE'S COMPLIANCE OFFICER, (813) 228-2641.
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