Badger Broadcasting Co.

National Labor Relations Board - Board Decisions

Dec 18, 1945

64 N.L.R.B. 1456 (N.L.R.B. 1945)

In the Matter of BADGER BROADCASTING CO. (WIBA RADIO STATION)
and AMERICAN FEDERATION OF RADIO ARTISTS , A. F. OF L.
Case No. 13-R-3146.-Decided December 18, 1,9445
Mr. Glenn D. Roberts, of Madison, Wis., for the Company.
Mr. Raymond A. Jones, of Chicago, Ill., for the Union.
Mr. Nathan Saks, of counsel to the Board,
DECISION
AND
DIRECTION OF ELECTION
STATEDIENT OF THE CASE
Upon a petition duly filed by American Federation of Radio Artists,
A. F. of L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Badger Broadcasting Co. (WIBA Radio Station), Madison, Wiscon-
sin, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Leon A.
Rosell, Trial Examiner. The hearing was held at Madison, Wisconsin,
on July 31, 1945. The Company and the-Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to exam-
ine and cross-examine witnesses, and to introduce evidence bearing on
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Badger Broadcasting Co., a Wisconsin corporation, operates Radio
Station WIBA at Madison, Wisconsin. During the year 1944, the
Company sold radio advertising valued at approximately $294,000, of
which approximately $146,000 represented receipts from the sale of
national advertising.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
64 N. L. R. B ., No. 237.
1456
BADGER BROADCASTING CO. (wIBA RADIO STATION)
It. THE ORGANIZATIONS INVOLVED
1457
American Federation of Radio Artists is a labor organization affili-
ated with the American Federation of Labor, admitting to membership
employees of the Company.
ITT. TI IL QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative Qf certain of its employees on the
ground that the unit requested by the Union is inappropriate.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
I\'. TILE APPROPRIATE UNIT
The Union seeks a unit of all full-time and part-time announcers,
salesmen, and office employees of the Company,2 excluding technicians,
musicians, and supervisors. The Company opposes the inclusion of
salesmen and office employees in the same unit with announcers. It
argues that salesmen and office employees have duties and interests
unrelated to those of announcers, and points to the fact that the Union
has heretofore confined its organizational activity in the radio broad-
casting industry to actors, singers, and announcers. The Union, while
admitting that it has hitherto confined its organization primarily to
the last mentioned categories of employees and has usually sought units
confined to such employees, asserts that it has done so only with re-
spect to large radio stations, -,were employees generally do only the
work characteristic of their classifications. It alleges that, because
of the Conmpany's small size, all three groups of employees in its pro-
posed unit do diversified and integrated work closely related to broad-
casting, and should, therefore, be included in one unit.
The Company operates a shall radio station in Madison, Wisconsin.
It presently has a collective bargaining agreement with International
Brotherhood of Electrical Workers, A. F. of L., covering its techni-
I The Field Examiner reported that the Union submitted 12 authorization cards, and
that the navies of all the persons appearing on the cards sere listed on the Company's pay
roll of June 23, 1045, wwhnch contained the names of 13 employees in the alleged appropriate
unit.
2 The petition specifically includes continuity writers in the alleged appropriate unit, but
both parties apparently consider them as being in the general classification of office em-
ployees, and their duties would so indicate The parties also apparently consider the
cmnmentatons employed by the Connpanc as being in the general classification of announcers
We shall treat both categories of employees accordingly.
670417-46-col 64-93
1458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cians, and one with American Federation of Musicians, A. F. of L.,
covering its instrumental talent and the members of its studio orches-
tra, but there is no history of collective bargaining with respect to
the employees in the unit sought.3 While the record indicates, as
asserted by the Union, that the three groups of employees in the pro-
posed unit perform, for the most part, diversified functions which
result in more closely integrated work than would probably be found
in a larger radio station with more employees and a clearer segrega-
tion of work, we do not consider such integration controlling. The
desire of the Union to include the salesmen and the office employees
in the same unit with announcers clearly does not conform to the well-
established bargaining pattern with respect'to radio station employ-
ees. Traditionally announcers have considered themselves as belong-
ing in separate bargaining units from those of salesmen and office
employees, and we have recognized their separability in previous deci-
sions.4 Accordingly, in view of this traditional pattern of collective
bargaining, and, inasmuch as there is no history of collective bar-
gaining with respect to the employees in the proposed unit, we are of
the opinion that the policies of the Act will best be effectuated by
not including salesmen and office employees in the same unit with
announcers.
The Union seeks to include part-time announcers and commenta-
tors 5 in the unit, and the Company does not oppose their inclusion.
The record discloses that, in addition to part-time employees who do
only announcing or commentating, the - Company has in its employ
two full-time employees who devote part of their time to commentat-
ing and the rest of their time to other functions. Thus, John W.
Lozier, a salesman, also prepares and presents a daily 15-minute pro-
gram, and Ann Tabor, a continuity writer, also prepares and presents
a daily 15-minute program. Inasmuch as the parties seeminbly agree
to include part-time announcers and commentators, we shall include
them in the unit, and shall also include those employees who, in addi-
tion to other functions, do regular part-time work before the micro-
phone as announcers or commentators.
We find that all full-time and part-time announcers and commenta-
tors of the Company, including those employees who, in addition to
other functions, do regular part-time work before the microphone as
announcers or commentators, but excluding salesmen,° office employ-'
3 Except for two janitors , the unit sought includes all employees of the Company not
covered by these two collective bargaining agreements.
4 See Matter of Star-Times Publishing Company, 25 N L R B 492 , Matter of Columbia
Broadcasting System , Inc, 47 N L R B 1225 , and Matter of Atlanta Journal Company,
d/b/a Radio Station W . S B, 59 N L R B. 673
The record indicates that all part -time announcers and commentators are regular part-
time employees.
" Except John W. Lozier.
BADGER BROADCASTING CO. (WIBA RADIO STATION) 1459
ees,7 and all supervisory employees 8 with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
At the hearing, the Union urged that, because its request for
recognition was first made in February 1945, the Board should use
a pay-roll period not later than July 1, 1945, in determining eligi-
bility to vote. The Company is in accord with the Board's custom-
ary policy of using a current pay roll. We perceive no reason for
departing from our usual practice in this connection. Accordingly,
we shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Badger
Broadcasting Co. (WIBA Radio Station), Madison, Wisconsin, an
election by secret ballot shall be conducted as early as possible, but
not later than sixty (60) days from the date of this Direction, under
the direction and supervision of the Regional Director for the Thir-
teenth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Sections 10 and 11, of
said Rules and Regulations, among employees in the unit found ap-
propriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing employees who did not work during said pay-roll period because
Except Ann Tabor
$ The Company and the Union agree that George R Stephenson, a part-time commentator,
who is an officer and director of the Capital Times newspaper, which owns and controls
the Company, should be excluded. We are of the opinion that his interests are identified
with management, and accordingly we shall adopt the agreement of the parties and exclude
him from the unit.
1460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
they were ill or on vacation or temporarily laid off, and including
employees in the armed forces of the United States who present
themselves in person at the polls, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, to determine
whether or not they desire to be represented by American Federation
.of Radio Artists, A. F. of L., for the purposes of collective bar-
gaining.
MR. JOHN M. HOUSTON took no part in the consideration of the
:above Decision and Direction of Election.