Evansville Television

National Labor Relations Board - Board Decisions

Feb 17, 1960

126 N.L.R.B. 680 (N.L.R.B. 1960)

680 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
observers, clerks in the State office, the supervisory assistant for toll-
line engineering, instructors, State and district, confidential stenogra-
phers, professional employees, guards, the State secretary, the super-
visory assistant in charge of routing supervisors, chief operators,
assistant chief operators, night chief operators, and all other super-
visors as defined in the Act
[Text of Direction of Election'? omitted from publication ]
x7 Intervenor CWA has not indicated that it is unwilling to appear on the ballot in the
limited unit sought by Petitioner, and found above to be appropriate Accordingly, we
shall include its mane on the ballot, with the right to withdraw upon notification to the
Regional Director within 10 days to this Decision and Direction of Election
Douglas H, McDonald , Trustee of Evansville Television, Inc.,
Debtor i and Radio and Television Broadcast Technicians
Union, Local No. 1225, International Brotherhood of Electri-
cal Workers, AFL-CIO, Petitioner. Case No 35-RC-1710
February 17, 1960
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 George M Dick, hearing
officer The hearing officer's rulings made at the hearing are free
from prejudicial error and hereby affirmed I
Pursuant to the provisions of Section 3 (b) of the Act, the Board has
delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Rodgers and Jenkins].
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 organization involved claims to represent certain
employees 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) and Section 2 (6) and (7) of the Act
4 The Petitioner seeks to represent a unit of engineers, •cameramen,
directors, floormen, projectionists, and film department employees,
employed by the Employer at its television studio in Evansville, In-
The name of the Employer appears as amended at the hearing
The hearing officer referred to the Board the Employer 's request, joined in by the
majority stockholder, that action be deferred on the petition because the Trustee's appoint-
ment under chapter X of the Bankruptcy Act is now being challenged in court whether
the challenge will be successful is speculative , therefore we conclude that its pendency
does not warrant delaying an election
a Ferris Traylor, majority stockholder and chief creditor was permitted to intervene at
the hearing without objection of the other parties
126 NLRB No 88
D. H. McDONALD, TRUSTEE OF EVANSVILLE TELEVISION 681
diana, and at its transmitter at Chandler, Indiana. The Employer
contends that only a unit of all program and engineer employees would
be appropriate, and would include all announcers (including those
who do some announcing in addition to other regularly assigned
duties), all engineers, all part-time floormen and demonstrators; the
traffic and continuity employees, cameramen, film technicians, the sec-
retary to the programing chief, the artist, the promotion man, the
director, the newsfilm man, and news writer. The Employer would
also include the production, programing and film chiefs, and the chief
engineer whom the Petitioner would exclude as supervisors.'
The station operations are divided into four departments: sales,
office, program, and engineering. Only the latter two are involved
here. The program department, headed by the station manager, is
subdivided, for organizational purposes, into three subdivisions: pro-
duction, programing, and film. The production subdivision includes
the production chief, the director, cameramen, floormen, and the
artist. The programing subdivision includes the programing chief,
the announcers, demonstrators, traffic, continuity promotion, and a
secretary. The third subdivision-the film department-is comprised
of the film chief, the film technicians, and the news film man and news
writer. The other department involved herein, engineering, is staffed
with engineers, including the chief engineer.
Essentially the unit sought by the petitioner is one consisting of
engineering and programing employees who contribute to the presen-
tation of, but do not appear on, television programs. This, the Board
has held, may be an appropriate unit.'
Program Department
Announcers : The Petitioner does not seek to represent those who
appear regularly before the camera. We shall exclude the announcers
as talent employees.'
Floormen and demonstrators : The Employer employs no floormen
or demonstrators as such but utilizes the services of other employees
in these capacities when needed. Thus, June Hayes (secretary to the
sales manager) may spend from 2 to 10 hours a week as a floorman
or demonstrator, and Sue Roberts (a typist) and Guyora Fortner
(a PBX operator) may similarly spend 1 hour and one-half hour a
week, respectively. Although the record does not establish what per-
centage of their time is devoted to floormen's work (a classification
properly includible in the unit), it is clear that these employees do,
not spend a substantial part of their time in programing and are
4 Except with respect to supervisory issues, there Is no dispute with regards to the
inclusion in the unit of the film technicians , cameramen , engineers, and the director.
Indiana Broadcasting Corporation, WANE-TV Division, 121 NLRB 111, 112.
e Id.
682 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
primarily engaged in office work. Accordingly, we shall exclude them
from the unit. We shall similarly exclude Grace Turner, the secretary
to the programing chief as an office clerical employee.?
Traffic: The traffic employees prepare the station schedule and
contribute to the presentation of the television program. We shall
include them in the unit."
Continuity : The continuity employees prepare or rewrite all scripts
used on the air except news script. In accordance with Board prece-
dent, and since these employees contribute materially to the presenta-
tion of the program, we will include them in the unit.'
Promotion: The promotion man is in charge of writing and sched-
uling, in combination with Traffic, all promotion announcements used
on commercial and sustaining programs. Although this employee has
taped some announcements for use on the air, it does not appear that
he was doing this work at the time of the hearing. We shall include
him.
Artist: The studio artist does the art work in connection with the
television shows. As he contributes to the presentation of the program
and is an essential part of the program department, we shall include
him in the unit.lo
News film man : This employee is the Employer's news film pho-
tographer, and he also photographs stills for promotion purposes. As
his work is an integral part of the program department, we will in-
clude him in the unit."
Newswriter: The newswriter is in charge of the preparation and
edition of all newscasts. This employee also does some announcing.
The newswriting functions are properly in the unit but the record
is not clear as to the extent of his announcing functions. Therefore,
we will make no determination as to his status, but shall allow him
to vote subject to challenge.
Programing chief : The programing chief, in addition to his duties
of ordering film, scheduling announcers, submitting promotional ideas,
and occasionally directing, does an extensive amount of announcing.
The record indicates that he does more announcing than any an-
nouncer employed as such. We find, without passing on his super-
visory status, that his interests are more closely allied with those
of the talent employees and, accordingly, we shall exclude him from
the unit."
Film chief : The film chief is in charge of keeping records in the
film department. He also serves as a cameraman and as a photog-
7 Cornhusker Television Corporation , 117 NLRB 1065, 1067.
s Southern Radio and Television Equipment Company, Television Station WTVJ, 107
NLRB 216, 218.
0 Northwest Publications , Inc. 116 NLRB 157,8, 1579-1580
10 Radio & Television Station WFLA ( The Tribune Company), 120 NLRB 903.
"Indiana Broadcasting Corporation , WANE-TV Division, 121 NLRB 111, 113.
12 Ibid.
BROTHERHOOD OF PAINTERS, DECORATORS, ETC. 683
rapher. In addition to these duties he is the voice of Popeye on the
station's own puppet show, and as such is the station's leading per-
sonality. He receives a talent fee in addition to his regular salary.
His interests are then more allied with those of the talent employees.
We shall therefore exclude him from the unit without passing upon
the question of his supervisory status.13
As to the production chief and chief engineer, the record contains
insufficient evidence upon which to make a finding as to their super-
visory status. We shall, therefore, permit these employees to vote
subject to challenge.
We find that the following employees of Douglas H. McDonald,
Trustee of Evansville Television, Inc., Debtor, employed at the Em-
ployer's studio in Evansville, Indiana, and at its transmitter at
Chandler, Indiana, to constitute an appropriate unit for collective
bargaining within the meaning of Section 9(b) of the Act:
All engineers, cameramen, directors, floormen, projectionists, traffic
employees, continuity writers, promotion men, artists, and film depart-
ment employees including news film men, newswriters, and film tech-
nicians, employed at the Employer's television station, Evansville,
Indiana, and transmitter, Chandler, Indiana, excluding all office
clerical employees, salesmen, announcers, talent employees, profes-
sional employees, guards, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
Brotherhood of Painters , Decorators, and Paper Hangers of
America , Local No. 365, AFL-CIO and Southern Florida Hotel
and Motel Association ( Seville Hotel)
Brotherhood of Painters , Decorators , and Paper Hangers of
America, Local No. 365 , AFL-CIO and Southern Florida Hotel
and Motel Association ( Carillon Hotel ). Cases Nos. 12-CD-9
and 12-CD-10. February 17, 1960
DECISION AND DETERMINATION OF DISPUTE
STATEMENT OF THE CASE
This proceeding arises under Section 10(k) of the Act, which pro-
vides that, "whenever it is charged that any person has engaged in an
unfair labor practice within the meaning of paragraph (4) (D) of
Section 8(b), the Board is empowered to hear and determine the dis-
pute out of which such unfair labor practice shall have arisen . . . ."
On October '5 and October 8, 1959, the Southern Florida Hotel and
Motel Association, herein called the Association, filed, with the Re-
126 NLRB No. 92.