Columbia Broadcasting System, Inc.

National Labor Relations Board - Board Decisions

Dec 21, 1961

134 N.L.R.B. 1466 (N.L.R.B. 1961)

1466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in and is engaging in unfair labor practices within the meaning of Section 8(a)(5)
of the Act.
6. By the foregoing unfair labor practices the Respondent has interfered with,
restrained , and coerced its employees in the exercise of the rights guaranteed in
Section 7 of the Act and has thereby engaged in and is engaging in unfair labor
practices within the meaning of Section 8(a)(1) of the Act. -
7. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7) of the Act.
[Recommendations omitted from publication.]
Columbia Broadcasting System , Inc., American Broadcasting
Company, a Division of American Broadcasting -Paramount
Theater, Inc., National Broadcasting Company, Inc. and
Musicians Guild of America, Petitioner. Cases Nos. £1-RC-
5709, 21-RC-5710, and 01-RC-5711. December p21, 1961
SUPPLEMENTAL DECISION AND ORDER
On December 29, 1959, the Board found a single-employer nation-
wide unit appropriate herein and directed separate elections therein.
Thereafter separate elections were conducted among the employees
involved but elections were held only for the employees of Columbia
Broadcasting System, Inc. (Case No. 21-RC-5709), and of American
Broadcasting Company (Case No. 21-RC-5710), the Petitioner hav-
ing failed to make an adequate showing among the employees of Na-
tional Broadcasting Company (Case No. 21-RC-5711). As a result
thereof Petitioner was certified as the exclusive bargaining agent of
the employees of American Broadcasting Co., and American Federa-
tion of Musicians of the United States and Canada, AFL-CIO, was
certified as the exclusive bargaining agent of the employees of
Columbia Broadcasting System, Inc.
The Board adopted said units, contrary to the position of the em-
ployers involved and American Federation of Musicians, rejecting
their contention that their contracts constituted a bar and also estab-
lished a bargaining history in a nationwide multiemployer unit, be-
cause certain clauses in said contracts were found to be illegal and the
deferral clauses therein were held not to remove such illegality.
The Board (Members Rodgers and Leedom dissenting) has now
determined in American Broadcasting Company, Case No. 21-CA-
4037 (134 NLRB 1458), on the basis of the Supreme Court decisions-
in N.L.R.B. v. News Syndicate Company, Inc., et al., 365 U.S. 695, and
International Typographical Union, AFL-CIO (Haverhill Gazette)
v. N.L.R.B., 365 U.S. 705, that the above-mentioned deferral clauses-
-are effective to postpone operation of the illegal clauses, that said con-
tracts accordingly are valid and lawful ones, and that the contracts-
must be considered to see if they establish a bargaining history for &
nationwide multiemployer unit.
134 NLRB No. 149.
BANGOR SHOE MFG. CO., INC. 1467
In consideration whereof, and upon the reconsideration of the facts
in these cases, including the above contracts, the Board now finds that
a nationwide multiemployer unit is appropriate.
ORDER
IT IS HEREBY ORDERED that all proceedings herein following the hear-
ing be, and they hereby are, vacated, the Order dismissing the petition
in Case No. 21-RC-5711 is withdrawn, and the certificates issued to
Petitioner in Case No. 21-RC-5710 and to American Federation of
Musicians in Case No. 21-RC-5709, be, and they hereby are, set aside.
IT Is FURTHER ORDERED that the petitions herein be dismissed unless
the Petitioner within 10 days from the service of this Order shall sig-
nify in writing to the Regional Director its desire to have an election
in the unit now found to be appropriate.
IT Is FURTHER ORDERED that the Regional Director shall conduct an
election among the employees in the unit now found appropriate if
Petitioner shall request the same within 10 days from the service of
this Order, but he is instructed not to proceed with the election until
he has first determined that the Petitioner has made an adequate
showing of interest among the employees in the unit now found
appropriate.'
i In view of their dissent in Case No. 21-CA-4037 , referred to above, Members Rodgers
and Leedom do not join in this Order.
Bangor Shoe Mfg. Co., Inc. and Boot and Shoe Workers' Union,
AFL-CIO. Case No. 1-CA-3166. December 21, 1961
DECISION AND ORDER
On January 4, 1961, Trial Examiner A. Bruce Hunt issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the Intermediate Report
attached hereto. Thereafter the Respondent filed exceptions to the
Intermediate Report and a supporting brief.' The General Counsel
has filed a brief in support of the Intermediate Report.
After issuance of the Intermediate Report and before filing its exceptions , the Respond-
ent filed a motion requesting the Board to strike the Intermediate Report or to reopen
the record to take evidence regarding publication of a news story which appeared in a
trade journal concerning this proceeding . The Respondent contends that the story raises
an inference that the Trial Examiner had improperly discussed this case with the writer
of the article after the case had been transferred to the Board . Its request to strike the
Intermediate Report or to reopen the record is based on the bias and prejudice alleged to
be shown by the statements attributed to the Trial Examiner in the article. The article
is a brief and incomplete summary of the Intermediate Report . It leads off with what
134 NLRB No. 144.