Emil Denemark, Inc.

National Labor Relations Board - Board Decisions

May 21, 1958

120 N.L.R.B. 1059 (N.L.R.B. 1958)

EMIL DENEMARK, INC. 1059
Emil Denemark , Inc. and Radio and Television Broadcast Engi-
neers, Local 1220 , International Brotherhood of Electrical
Workers, Petitioner. Case No. 13-RC-5869. May 21,1958
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 Virginia M. McElroy, hear-
ing 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 conducts a retail automobile sales operation. It
also owns and operates WEDC, a radio broadcasting station. A sub-
stantial portion of the broadcast time is devoted to advertising the
Employer's automobile operations. Both phases of the Employer's
business are located in the,same building and are serviced by the same
administrative office. During 1957 the gross revenue from the radio
station amounted to $57,000. For the same year, the Employer's total
indirect inflow for its automobile operation exceeded $2,000,000.
The Employer contends that only the gross revenue of the radio
station, received from sale of time or programs, should be considered
in determining jurisdiction. We find no merit in this contention. It
is the totality of an employer's operations which is the proper yard-
stick for determining, whether jurisdiction should be asserted.' Ac-
cordingly, we find that the Employer is engaged in commerce within
the meaning of the National Labor Relations Act, and that it will
effectuate the policies of the Act to assert jurisdiction herein.
2. The labor organization named below claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of 'certain employees of the Employer, within the meaning of
Section 9 (c) and (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing . of Section 9 (b) of the Act :
All engineers and technical employees at the Employer's radio
broadcasting station, WEDC, Chicago, Illinois, excluding office
clerical employees, guards, and all supervisors as defined in the Act.2
[Text of Direction of Election omitted from publication.]
MEMBER RoDGExe took no part in the consideration of the above
Decision and Direction of Election.
' The T. H. Rogers Lumber Company, 117 NLRB 1732, 1735.
3 The chief engineer has authority to make effective recommendations to the station
manager concerning the hire and tenure of technical and engineering personnel . Accord-
ingly, he is excluded as a supervisor.
120 NLRB No. 146.