Allen B. Dumont Laboratories, Inc.

National Labor Relations Board - Board Decisions

Nov 8, 1948

80 N.L.R.B. 172 (N.L.R.B. 1948)

In the Matter of ALLEN B. DUMONT LABORATORIES, INC., EMPLOYER and
RADIO & TELEVISION BROADCAST ENGINEERS UNION, LOCAL 1212,
IBEW, AFL, PETITIONER
Case No. 2-RC-177.-Decided November 8, 1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.'
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members. *
The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
The labor organizations involved claim to represent employees of
the Employer.
Upon the entire record in this case, the Board finds that no ques-
tion affecting commerce exists concerning the representation of em-
ployees of the Employer, within the meaning of Section 9 (c) (1) and
Section 2 (6) and (7) of the Act for the following reasons:
The Petitioner seeks a unit confined to the technicians and certain
other related employees at the Employer's television station in New
York City, which is known as Station WABD. The Employer,
IATSE, and National Association of Broadcast Engineers & Techni-
cians, Independent, contend that the appropriate unit should also
include a similar group of employees at the Employer's other televi-
sion station in Washington, D. C., which is known as Station WTTG.
' In view of our dismissal of the petition herein, we need not pass upon the several mo-
tions to dismiss the petition on other grounds that were made at the hearing by Television
Broadcasting Studio Employees Union, Local 794, International Alliance of Theatrical
Stage Employees, AFL, herein called IATSE.
* Houston , Reynolds, and Murdock.
80 N. L. R. B., No. 38.
172
ALLEN B. DUMONT LABORATORIES, INC . 173
Pursuant to Board certification on May 23, 1945,2 IATSE entered
into a contract with the Employer on October 1, 1945, which runs
until May 16, 1950, covering the technicians and related groups at the
only television station then operated by the Employer, viz, Station
WABD. On August 21, 1947, however, an agreement was entered
into extending the coverage of that contract to the similar group
of employees at the Employer's newly acquired Station WTTG.
The record indicates that there were compelling reasons for so
extending the coverage of the contract. Thus, the chief accountant
in New York City controls all personnel and financial policy for
both stations,3 and maintains all personnel records, and the over-all
operation and administration of both stations is handled by the di-
rector of network in New York.4 There is also frequent interchange
of employees between the two stations and one schedule of wage rates
for similar classifications of employees at both stations. It appears
further that the two stations transmit programs to and from one
another.
In view of the history of collective bargaining embracing the tech-
nicians and related employees at both stations, and the fact that both
stations are operated as a single unit from both an administrative and
operational standpoint, we find that a unit of such employees con-
fined to Station WABD, as petitioned for, is inappropriate for pur-
poses of collective bargaining. We shall, therefore, dismiss the
petition.
ORDER
Upon the basis of the entire record in this case, the National Labor
Relations Board hereby orders that the petition filed in the instant
matter be, and it hereby is, dismissed.
' Case No. 2-R-5232
s Personnel may be hired locally as required , but only according to standards established
in New York City, and after requisition to, and final approval from, that source. The chief
engineer in New York must approve the hiring of all technicians.
4 Although local managers have discretion to a large extent with respect to program
content, budgeting for operational expense is determined in New York.