Columbia Broadcasting System, Inc.

National Labor Relations Board - Board Decisions

Dec 22, 1954

110 N.L.R.B. 2108 (N.L.R.B. 1954)

2108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
COLUMBIA BROADCASTING SYSTEM , INC. and INTERNATIONAL PHOTOG-
RAPHERS OF THE MOTION PICTURE INDUSTRIES, LOCAL 644, INTERNA-
TIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND MOTION
PICTURE MACHINE OPERATORS OF THE UNITED STATES AND CANADA,
AFL, PETITIONER. Case No. 2-RC-6783. December 22, 1954
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Morris S. Miller, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) andSection2 (6) and (7) of the Act.
4. The Petitioner seeks a unit of all those employees of the Em-
ployer employed in New York City principally as film photographers
who shoot motion pictures and perform any lighting and/or recording
of sound incidental thereto. This unit request is limited to six mo-
tion picture film cameramen employed in the newsfilm section of the
news and public affairs department of the Employer's television divi-
sion, and who work in the New York City area. The Employer agrees
that the unit sought is appropriate. However, International Brother-
hood of Electrical `Yorkers, AFL, the Intervenor herein, contends
that it currently represents the six film cameramen as part of a nation-
wide unit of technicians, and that the Petitioner has failed to meet
the standards for severance established by the Board in American
Potash and Chemical Corporation, 107 NLRB 1418.
The Employer's television division is organized functionally with
separate departments for the operation of stations, creation of net-
work programs, sales, and business affairs. One of the departments,
news and public affairs department, is divided into a number of sec-
tions, one of which is the newsfilm section. It is in this newsfilm sec-
tion that the six newsfilm cameramen, herein sought, are assigned.
The work of the newsfilm cameramen is a result of the growth of
the Employer's operations. Prior to 1953, the Employer purchased
most of its newsfilm from Telenews, Inc. In addition, it used some
of its own employees to shoot a small amount of newsfilm as well as
other types of special motion picture shots for use on network pro-
110 NLRB No 260.
COLUMBIA BROADCASTING SYSTEM, INC. 2109
grams. At the time, most of the film camera work was carried out
in the film services section of the operations department, and the
newsreel film work was sporadic. However, in 1953, the Employer
canceled its outside contract with Telenews, Inc., and started to make
its own newsfilm. The newsfilm section was thereafter established
within the news and public affairs department, and technicians with
motion picture camera experience and background were transferred)
to this section. Later, six technicians were listed separately on the
timesheets and were assigned to perform only camera and incidental'
sound and lighting work. Approximately 19 other technicians in the
newsfilm section were assigned primarily to the work of cutting and
editing.
The six film cameramen are currently represented by the Inter-
venor as part of a unit comprised primarily of all technical employees
of the Employer throughout the Nation who are engaged in the con-
struction, operation, and maintenance of technical facilities for radio.
and television broadcasting. The Intervenor has represented such
technical employees since 1946. In December 1951, the Board found
that film cameramen, in the New York City area, were properly part,
of the technician unit.' Outside of New York City, the Employer's.
motion picture film cameramen, soundmen, and lightmen are repre-
sented by IATSE. This includes 3 staff cameramen employed in
Washington, D. C., 2 in Chicago, Illinois, and 2 in Los Angeles, Cali-
fornia. All of the Employer's motion picture cameramen, including
those working in the New York City area and those working else-
where in the Nation, are assigned to the newsfilm section of the news,
and public affairs department.
The six motion picture film cameramen, working under the direc-
tion of the manager of the newsfilm section and under the supervision
of the, chief engineer, are responsible for providing the Employer with-
motion picture and sound coverage of important news events occur-
ring within a 200-mile radius of New York City. They receive an as-
signment which specifies an event to be covered from assistant super--
visor, Tullen,2 and then take pictures of the event with a motion pic-
ture camera. They return the exposed film for processing, editing,,
and cutting by the 19 technicians (editors and cutters) in the newsfilm
section, and eventual use on television. Some assignments are covered
only with a silent camera, some with a single-system sound camera,
and some with both. The camera crew assigned to cover a particular
story varies in number from I to 3, depending on whether sound cov-
erage is directed or whether lights are required. On some assignments.
' Columbia Broadcasting System, Inc ., 97 NLRB 566. This case was considered some-
time before the establishment of the newsfilm section, and at it tune when the film camera
work was sporadic and was peifoimed occasionally by technicians with other duties
2 The parties agree that Tullen, currently coveted by the Inteivenor s agreement, should.
be excluded fi om the unit sought
2110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the film cameramen may be accompanied by a reporter contact who
helps line up the witnesses to the event and conduct interviews. How-
ever, the cameramen are still responsible for the quality and continu-
ity of the picture. When no reporter contact or director accompanies
the camera crew, the cameraman is responsible for the entire result
and is supposed to bring back a coherent, newsworthy, and good qual-
ity picture whenever possible. Each of the cameramen working in the
newsfilm section is qualified to operate cameras, and handle the asso-
ciated lighting and sound recording equipment. About half of the
stories are filmed silent and half with sound. The assignments are ro-
tated, and consequently, while each is engaged primarily in camera
work, he also does the related sound and lighting work as well.
Film cameramen must use their own judgment to get proper focus,
lenses, shutter speeds, lighting, and angles to obtain the desired pic-
ture. The six cameramen have a basic knowledge of photography 3
and a good working knowledge of film speeds, processing, lenses, and
are able to visualize the picture as it will appear when the film is de-
veloped. In this connection, the record shows that they must know the
principles of composition and lighting in order to obtain a properly
framed picture with required contrasts of light and shadow. The film
cameramen operate both 35 mm. and 16 mm. cameras as well as the re-
lated lighting and the sound equipment used in conjunction with the
camera. Each newsfilm cameraman is assigned a silent 16 mm. camera,
related lenses, and equipment. In addition, other equipment is also
available for his use and extra cameras are also available to be used
by others in emergencies. All newsfilm cameramen have also been as-
signed press cards and other identification documents for use in their
work.
It appears that the Employer's "workload" varies considerably from
day to day, and on occasion, all the film cameramen are on assignment
when a news story breaks. In such emergencies, certain film editors
and cutters in the newsfilm section, are sent to cover the story or to
handle the lights for a regular film cameraman.' Although it appears
that such emergencies arise each month, it appears that with one ex-
ception,5 the editors and cutters only spend approximately 1 percent of
their time performing some work of film cameramen. In addition to
the film camera work performed in the newsfilm section, some camera
work is performed in the film services section of the operations de-
partment. The camera work performed in the latter department is
sit appears that each of the six cameramen have had several years experience in the
field of photography and newsreel camera work.
• The film cameramen are assigned to the "day shift," whereas some of the film editors
and cutters are on duty at night. Although the Employer does call the film cameramen
from home at night, an editor or cutter may be sent to film the event.
D One cutter spends approximately 20 percent of his time on camera work, principally
as a lighting man. None of the parties contend that he should be included in the unit
sought.
COLUMBIA BROADCASTING SYSTEM, INC. 2111
not of the newsreel type and is sporadic. Of 21 technicians assigned
to the operations department, only 9 of these technicians have per-
formed any motion picture film camera shooting in the last 6 months,
and the 9 technicians have spent an average of 5.3 percent of their time
performing such work 6
The Petitioner contends that the film cameramen constitute a sep-
arate appropriate unit and a self-determination election should be
conducted. It argues alternatively, that the film cameramen are pro-
fessional employees, craft employees, and in effect, constitute a sep-
arate, functionally distinct group. The Employer takes the position
that the film cameramen are craft employees and should be permitted
to sever from the technicians' unit. It further argues that in its
operations, historically, representation among its employees has fol-
lowed craft and job lines, and except in New York City, film camera-
men are recognized as a separate craft. The Intervenor contends that
film cameramen do not constitute a department or any other division
of the Employer and they do not "satisfy the requirements applicable
to craft or professional employees."
It is clear from the record that the duties and skills of the film
cameramen are separate and distinct from those of all other em-
ployees, including those employees engaged in editing and cutting of
film, and other technicians in the Employer's operations. By the
very nature and location of their work, they normally have little
contact with the Employer's technicians, and their working condi-
tions are different from those of the other employees. Indeed, it
appears that the film cameramen more customarily work in close, con-
tact and in cooperation with cameramen of other firms. Moreover,
the six film cameramen are the only employees who spend substan-
tially all of their time performing camera work and they do not inter-
change with other employees. Furthermore, other film cameramen
assigned to the newsfilm section, but who work elsewhere in the
Nation, are already represented in a separate unit by the Petitioner.
In view of the foregoing, and on the basis of the entire record, it is
clear that the film cameramen comprise a separate and functionally
distinct group, not unlike groups such as the lithogTaphic employees
or truckdrivers the Board normally grants severance to despite a
broader bargaining history. Moreover, the film cameramen are here
requested by a union which historically and traditionally represents
film cameramen. Under these circumstances, we find that the film
cameramen may constitute a separate appropriate unit if they so
desire.7
6 None of the parties contend that these technicians should be included in the unit.
' American Potash and Chemical Corporation , supra . In view of our determination, we
find it unnecessary to pass upon the contention that the cameramen are professional or
craft employees.
2112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Accordingly. we will direct that an election be held in the follow-
ing group of employees of the Employer at its New York City
operations:
All motion picture film cameramen who shoot motion pictures and
perform any lighting and/or recording of sound incidental thereto,
excluding all other employees, guards, and supervisors within the
meaning of the Act.
If a majority vote for the Petitioner, they will be taken to have
indicated their desire to constitute a separate unit, which the Board
finds, under the circumstances, to be appropriate for purposes of
collective bargaining, and the Regional Director is instructed to issue
a certification of 'representatives to the Petitioner for such unit. If
a majority vote for the Intervenor, they will be taken to have indi-
cated their desire to remain a part of the existing appropriate nation-
wide technicians' unit and the Regional Director is instructed to
issue a certification of results of election to that effect.
[Text of Direction of Election omitted from publication.]
MEMBER PETERSON took no part in the consideration of the above
Decision and Direction of Election.
SCFHARCO MANUFACTURING CORP. and FURNITURE WORKERS UNION,
LOCAL 76B , UNITED FURNITURE WORKERS OF AMERICA, CIO,
PETITIONER . Case No. 2-RC--,6843 . December 03, 1954
Supplemental Decisi on, Order , and Second Direction of Election
Pursuant to a Decision and Direction of Election issued herein on
October 12, 1954,1 an election by secret ballot was conducted on No-
vember 4, 1954, under the direction and supervision of the Regional
Director for the Second Region, among employees in the unit found
appropriate by the Board. Following the election, a tally of ballots
was furnished the parties. The tally shows that of 184 votes cast in
the election, 70 were for the Petitioner, 108 were for Upholsterers
International Union of North America, by its Agents, Local 601,
Home Decorative Union, AFL (herein referred to as the AFL), 1
for Allied Crafts Union, Independent (herein referred to as the
Independent), 2 were void, and 3 were challenged. The challenged
ballots are not sufficient in number to affect the results of the election.
On November 9, 1954, the Petitioner filed timely objections to the
conduct affecting the results of the election. The Regional Director
investigated the objections and, on November 30, 1954, duly served
1 Not reported in the printed volumes of Board Decisions and Orders.
110 NLRB No. 267.