National Association of Broadcast Engineers and Technicians

National Labor Relations Board - Board Decisions

Jun 4, 1953

105 N.L.R.B. 355 (N.L.R.B. 1953)

NATIONAL ASSOCIATION OF BROADCAST ENGINEERS 355
guaranteed in Section 7 of the Act, the Respondent Union and Respondent John A. Kennedy hive
engaged in unfair labor practices within the meaning of Section 8 (b) (1) (A) of the Act.
5. The aforesaid unfair labor practices are unfair labor practices affecting commerce
within the meaning of Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication.]
NATIONAL ASSOCIATION OF BROADCAST ENGINEERS AND
TECHNICIANS, C.I.O., HOLLYWOOD CHAPTER and NA-
TIONAL BROADCASTING COMPANY, INC. Case No. 21-
CD-31. June 4, 1953
DECISION AND DETERMINATION OF DISPUTE
This proceeding arises under Section 10 (k) of the Act, which
provides that "whenever it is charged that any person has en-
gaged in an unfair labor practice within the meaning of para-
graph (4) (d) of section 8 (b), the Board is empowered and
directed to hear and determine the dispute out of which such
unfair labor practice shall have arisen, . . . "
On October 29, 1952, National Broadcasting Company, Inc.,
herein called NBC, filed with the Regional Director for the
Twenty-first Region a charge against National Association of
Broadcast Engineers and Technicians, C.I.O., Hollywood Chap-
ter,' herein called NABET, alleging that it had engaged in
and was engaging in certain activities proscribed by Section
8 (b) (4) (D) of the amended Act. It was alleged, in substance,
that NABET had induced and encouraged employees of NBC to
engage in a strike or a concerted refusal to work in the course
of their employment with an object of forcing or requiring NBC
to assign particular work to employees who are members of
NABET rather than to employees who are members of Inter-
national Alliance of Theatrical Stage Employees and Moving
Picture Machine Operators of the United States and Canada,
A. F. of L., Local 33, herein called IATSE.
Pursuant to Sections 102.71 and 102.72 of the Board's Rules
and Regulations, the Regional Director investigated the charge
and provided for an appropriate hearing upon due notice to all
the parties. Thereafter, a hearing was held before Louis S.
Penfield, hearing officer, on February 24-26, 1953. The
hearing officer permitted IATSE to intervene on the basis of
its claim to jurisdiction over the work tasks involved herein
and its contract with NBC. All parties appeared at the hearing
and were afforded full opportunity to be heard, to examine
and cross - examine witnesses , and to adduce evidence bearing
on the issues. The rulings of the hearing officer made at the
hearing are free from prejudicial error and are hereby af-
firmed= All parties were afforded an opportunity to argue
i The name of Respondent Union appears as amended at the hearing.
Y At the conclusion of NBC's presentation of its case on direct, NABET moved to dismiss
the notice of charge The hearing officer referred the motion to the Board. For the reasons
stated hereinafter, the motion is denied
105 NLRB No. 59.
356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
orally before the hearing officer. All parties filed briefs with
the Board.
Upon the entire record in the case, the Board makes the
following:
FINDINGS OF FACT
1. The parties stipulated, and we find, that NBC is engaged
in commerce within the meaning of the Act.
2. NABET and IATSE are labor organizations within the
meaning of the Act.
3. The dispute.
A. The facts
NBC owns and operates several television stations, including
KNBH, in Los Angeles, California. Programs at KNBH orig-
inate from NBC-owned studios, NBC-leased premises, and
remote locations. Remote broadcasts are several types: Field
pickups of events not produced primarily for television such
as political rallies and sport contests; "staged" broadcasts
produced primarily for television but regularly originating
away from studio or leased NBC premises; and "staged"
broadcasts produced primarily for television and regularly
originating from studio or leased NBC premises but trans-
ferred to the field on particular occasions.
The typical engineer or technical complement on a remote
broadcast includes the following employees represented by
NABET: A technical director in overall charge of the pro-
gram's engineering operations ; a video engineer responsible
for television picture equipment ; an audio engineer for sound;
one or more cameramen; on occasion , a microwave trans-
mitter engineer ; and a light direction engineer responsible for
the handling and placing of lights by the lighting employees.
The technical director is regularly assigned to remote pro-
grams and decides which men from his regular field group
will perform specific functions from time to time. Together
with the program director, he makes a preliminary survey of
the proposed location to determine equipment needs, including
an estimate of the number and types of lights required for the
job. Almost all remotes use lighting equipment either of an
electrical or sunlight reflector type. All engineering, both
studio and remote, is under the KNBH supervisor of television
engineers . Should the remote program require stage scenery
or properties, facilities men or stagehands represented by
IATSE are assigned from the production facilities department.
Studio shows temporarily transferred to the field take along
their stagehand crew including stage electricians engaged in
lighting work. As indicated hereinafter, until the events in
controversy, NABET television assistants or other NABET
NATIONAL ASSOCIATION OF BROADCAST ENGINEERS 357
engineers were assigned by NBC to the work of handling and
placing lights on regular "staged" remote broadcasts.3
NBC-KNBH began its television broadcasts from Los Angeles
on January 1, 1949. Until late in 1951, NABET members per-
formed all lighting functions whether at the studio or remote
locations. Thereafter NBC assigned studio lighting to IATSE
without protest from NABET. As to remotes, NBC adopted a
policy which called for the assignment of lighting on "staged"
remotes to IATSE and the continuation of assignments of
lighting on field pickups toNABET. NBC classified as "staged"
a program produced for television, containing a script or
format, rehearsed or preplanned, and utilizing staging elements
other than lighting, such as properties or scenery. It was
sufficient under this policy that one of the elements be present
to classify the program as "staged." Accordingly, in December
1951 and the spring of 1952, when major shows regularly
broadcast from NBC premises originated on particular oc-
casions from remote locations, the IATSE studio crew handled
the lighting.4 However, during this period NBC did not observe
its policy with respect to "staged" shows regularly broadcast
from remote locations for NABET personnel continued to be
assigned to light these shows5 until the Walter O'Keefe, Culver
City, broadcast of August 21, 1952.
Prior to this Walter O'Keefe broadcast, KNBH Labor Re-
lations Assistant Turner decided that the show was "staged"
and stagehands were assigned to lighting. NABET Representa-
tive Pennebaker protested the decision to NBC officials as
violative of the NABET agreement. The program director and
the technical director of the Walter O'Keefe show finally de-
termined that the existing lights were sufficient and no lighting
personnel were assigned to this broadcast. About aweek later,
Pennebaker informed NBC officials that NABET would con-
tinue to protest each remote broadcast in which lighting was
given to IATSE. NBC officials replied that lighting assignments
would continue to be made on the basis of applicable contracts
and company policy. NBC officials also referred to the fact
that NABET did not protest the assignment of IATSE stage
electricians to the Bob Hope and Eddie Cantor remotes.
Pennebaker replied: "Well, don't let's have Bob Hope show
made up again while this thing is pending because that is a
little bit expensive show to have this happen on."
Prior to the Hollywood Hour broadcast of September 26,
1952, from Town House,' Engineer Supervisor Burrell was
3It is not disputed that NABET members are entitled to perform lighting work on field
pickups as distinguished from "staged" remotes. There is also no dispute as to remotes
broadcast from premises where the operator of the establishment is already under union
agreement with respect to the furnishing of lighting.
4These were: December 9, 1952, Eddie Cantor, El Toro Marine Basin; December 23. 1951,
Bob Hope, San Diego; Christmas Day, 1951, Dinah Shore from her home; March 9, 1952, Bob
Hope, Camp Elliott; June 15, 1952, Bob Hope, El Segundo. The record is not clear as to whether
IATSE or NABET members were assigned to the March 26 Bob Hope remote.
5 These were: Tex Williams show, Riverside Rancho; Hollywood Hour, Town House; Ezio
Pinza, San Juan Capistrano (kinescope); and Walter O'Keefe from various locations.
6 The facts material to the incidents of September 26 and October 12 are virtually undisputed
358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
instructed by NBC to "see that facilities personnel were used
to light the show in case there was any dispute brought up on
this. i7 This show was a "staged " broadcast, took place in the
evening, and required electrical lighting equipment . Soon after
Burrell arrived, he was told by Clements, the technical di-
rector , "that they were having some trouble about the lighting."
In an alley next to the hotel Burrell and Clements joined a group
consisting of two stagehands , Shockley , the light direction
engineer , several other members of the NABET crew, and
NABET Representatives Pennebaker and Neubouer. Pennebaker
and Neubouer had earlier decided that NABET had jurisdiction
over the lighting, that if a problem arose Clements should do
the talking, but that they would give him any advice he needed.
At the start of the alley conference Burrell said to Clements,
"I order you as the technical director to order your light di-
rection engineer to start lighting this set. " Clements turned
to Shockley and said, "Light the set." Pennebaker then called
Clements' attention to the fact that "he should not give this
order . . . ." Clements retracted his order. Burrell then
ordered Shockley to light the set and Shockley said, "Under
the same circumstances, I can't light the set either." Burrell
then asked Pennebaker if he was "pulling these men off the
job," to which Pennebaker replied, "No, I am not pulling these
men off the job but we cannot stay here and violate our contract
as long as these men [the stagehands ] are going to light the
set." After a lapse of about 5 minutes during which no work
was performed, Burrell directed the stagehands to let the
engineers handle the lights with the understanding that this was
under management protest. The engineers who had assembled
to hear the conference then went back to work.
The Tex Williams show of October 12, 1952, was a "staged"
daytime program broadcast from Knott's Berry Farm. Some-
time after Burrell and Damon arrived at the Berry Farm,
they observed a discussion between the stagehands and some
engineers , including Harold Lea, light direction engineer,
adjacent to the truck containing the light reflectors. At this
time the cameramen were adjusting their cameras and the
video man was stringing some "mike" leads. When Technical
Director Clements approached Burrell, the cameramen stopped
working and listened to hear what was going on. In the im-
mediate area of discussion were NABET Representative
Neubouer, Lea, other members of the crew, and Renfro, a
stagehand.
Neubouer testified that he was instructed byNABET officials
to go to the Berry Farm "to ascertain whether any NABET
jurisdiction was encroached upon," and that he was advised to
resist any effort to "give away NABET's work to some other
labor organization . . . if it became necessary." Clements in-
formed Burrell that in his opinion the reflectors should be
handled by NABET. Burrell replied that management wanted
them operated by stagehands and that Clements should issue
7 James Damon of production facilities was also present.
NATIONAL ASSOCIATION OF BROADCAST ENGINEERS 359
orders to this effect. Clements replied that he could not do
this. When Burrell asked him if he refused to carry out these
instructions, Clements said "he could not do it." Burrell then
asked Neubouer whether this action constituted a "walk off the
job." Neubouer did not agree that the men would walk off the
job but did say, "We could not, the NABET personnel, rather,
could not work in violation of the existing NABET-NBC con-
tract."
Burrell testified that during this period a cameraman capped
his lense, one of the men called to the video engineer "to
knock off," and that " no one was doing any work." After some
5 minutes of the standstill, during which time Burrell made an
inspection of the premises and discovered that no work was
being performed , he asked the stagehands to step aside and
allow NABET to light the show under protest. This was done.
B. Bargaining history
In 1944, NABET was certified by the Board as the bargaining
representative in a systemwide unit of "all technical employees,
wherever located . . . engaged in the operation of technical
facilities used in transmitting, converting and/or conducting
audio, video, and/or radio frequencies . . ." in the engineering
departments of NBC and the Blue Network, predecessor to the
American Broadcasting Co. $ The current agreement between
NABET and NBC, effective November 1, 1951, and expiring
January 31, 1955, contains the following relevant sections:
SECTION 1-16
SCOPE OF UNIT
The term "employee" as used in this Agreement
applies to all the technical employees of the Company
wherever located , employed in the Engineering De-
partment of the Company . . . .
Group Z
Light direction engineers9
Group 11
Television Assistant (who may perform one or more
of the following duties.)
...............
Assist in lighting operation in the field"
°National Broadcasting Company, Inc , 59 NLRB 478.
9 The 1945 agreement contained a classification "lighting engineer" which was eliminated
in subsequent contracts The "light direction engineers," however, continued as a job classi-
fication but was renumbered from group 12 to group 2 beginning in 1949.
10 The agreement lists the additional duties as follows: Chauffeur-mechanic, field setup man,
assist in video effects operation, assist in laboratory, assist radio and television receiving
set men, adjust microwave receiving and transmitting parabolas, camera dolly operation,
technical porters-Chicago, and technical stock clerks.
291555 0 - 54 - 24
360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
SECTION 1-18
DUTIES
(a) Technical Equipment
Only employees under this Agreement shall oper-
ate technical equipment , and technical equipment for
the purposes of this contract includes those facilities
of the Engineering Department of the Company used in
transmitting , converting , and/or conducting audio,
video, and / or radio frequencies for use in broadcast,
rebroadcast , audition , rehearsal , recording , and/or
"on-the -air" playback . . . . 11
In May 1950, the Board, acting on petitions filed by NABET
requesting clarification or amendment of the 1944 certification
so as to include television lighting employees, issued its de-
cision in National Broadcasting Company, Inc., et al.,3 finding
that all stage electricians, stage carpenters, and stage property
men at the television stations of NBC in New York and in
Chicago constituted separate appropriate units. 13 The Board
stated:
. . . we find it unnecessary to decide whether the Board
originally intended, in 1944, to include the lighting employ-
ees involved herein in the NABET certified units, as we
may effectively dispose of these issues in their entirety
by a determination of the units in which these employees
presently belong.
The finding that lighting employees, including those engaged
in remote broadcasts, belonged in a unit of stagehands, was
predicated on these factors: Stage electricians were hired as
part of a crew with other stagehands, admittedly nontechnical
program department employees, with whom they interchanged
duties; their job skills and experience partook of stage crafts-
manship rather than engineering ; they were in the program
department rather than in the engineering department though
taking their working instructions from the technical director
and light direction engineer ; and the history of stagehand bar-
gaining under local wage scales and conditions which differed
substantially from the systemwide engineer contracts of
NABET.
In the supplemental decision issued August 1951,14 the Board
clarified the question of whether employees who spent more
"The 1945 agreement contained in this section the following reference to lighting equip-
ment: "No company technical equipment other than television lighting shall be operated by
any person other than an employee of the company as herein before defined." This sentence
was omitted from all subsequent agreements
1289 NLRB 1289.
13 The Los Angeles station was not involved As a result of the elections conducted there-
after, IATSE was certified as bargaining representative at these locations of NBC.
14 95 NLRB 1334.
NATIONAL ASSOCIATION OF BROADCAST ENGINEERS 361
than 50 percent of their time in handling and placing television
lights at NBC in New York and Chicago , though designated as
engineers , came within the bargaining unit . The Board stated:
. . .engineers or any other NBC employees , irrespective
of their job designations , who regularly spend more than
50 percent of their time handling and placing television
lights in the manner set forth in the decision in this case
are in effect stage electricians and belong in the unit for
which IATSE has been certified as exclusive bargaining
representative.
In both the original and supplemental decisions the Board
indicated that it was not deciding "whether lighting work is
essentially technical or artistic . . . . "
Effective August 1, 1952 , and expiring July 31 , 1954, NBC-
KNBH entered into an initial agreement with IATSE on the basis
of voluntary recognition which provides:
1. Scope of Agreement . This agreement covers and is
limited to the employment by the Company of head stage-
hands, stagehands , and utilitymen in connection with the
presentation of television performances or rehearsals
thereof at all the Company ' s television theaters , stages,
shops, and studios in the Los Angeles area and at such
other locations in the Los Angeles area where the Company
is presenting a television performance which requires
the services of stagehands . . . .
3. A. Duties . ( a) The duties of a stagehand will, . . .
with respect to electrical work, include the maintenance,
repair , placement and operation of all switchboards, dim-
mer boards , spot lights and other lights and lighting de-
vices used to light the set or control lighting in connection
with such television performances; . . .
C. Contentions of the parties
NABET alleges that the Board is without jurisdiction to
determine the dispute on the grounds that there is no evidence
that it directed or authorized the work stoppages ; that it was
certified as the bargaining representative of the employees
involved ; and that the work stoppages were solely for the pur-
pose of obtaining compliance with the terms of the NABET
collective -bargaining agreement.
With respect to the merits of the dispute , NABET asserts
as the basis for its claimtothework in question -- the coverage
of the existing contract with NBC, the practice thereunder, and
the history of bargaining with NBC. NBC and IATSE justify the
assignment of the work in dispute to IATSE for the reasons
that the Board in the NBC lighting case recognized the handling
and placing of lights as staging rather than technical in charac-
ter; that consequently NBC formulated its lighting assignments
at NBC so as to assign "staged " remotes to IATSE and entered
into an agreement with IATSE covering such assignments with-
362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
out protest from NABET; and that NBC fulfilled its obligation
under the NABET contract by continuing to assign engineers
to unstaged field pickups.
D. Applicability of the statute
The charge, which was duly investigated by the Regional Di-
rector, alleges a violation of Section 8 (b) (4) (D) of the Act,
and the Regional Director was satisfied upon the basis of such
investigation that there was reasonable cause to believe that a
violation of Section 8 (b) (4) (D) of the Act had been committed.
The record before us establishes that there is reasonable
cause to believe that NABET induced and encouraged employees
of NBC to engage in a concerted refusal to perform services
in order to force or require NBC to assign the operation of
handling and placing lights on remote ''staged" broadcasts to
members of NABET although this work had been assigned to
employees who were members of IATSE. The Board has held
that such factual circumstances are sufficient to invoke the
Board's jurisdiction to hear and determine a dispute within
the meaning of Sections 8 (b) (4) (D) and 10 (k) of the Act.' We
find that this is a dispute within the meaning of Sections 8 (b)
(4) (D) and 10 (k) of the Act and, contrary to NABET's con-
tentions, that it is properly before us for determination.'
E. The merits of the dispute
In view of the express proviso contained in Section 8 (b) (4)
(D) which permits activities otherwise proscribed if the "em-
ployer is failing to conform to an order or certification of the
Board determining the bargaining representative for employees
performing such work," we must first determine whether NBC
is, in fact, failing to conform to a Board certification. The
decision in the NBC lighting case, i' iii which the Board in effect
declined to clarify the 1944 certification so as to include tele-
vision lighting employees within the systemwide engineering
department unit, is dispositive of the efficacy of that certifi-
cation herein. We conclude, therefore, that the 1944 certifica-
tion did not include the lighting employees involved in this
proceeding.
We regard the dispute as essentially a disagreement between
2 unions over the question of which of the 2 existing bargaining
contracts properly covers the work of handling and placing
lights on remote "staged" broadcasts.
The NABET contract in unambiguous terms provides for the
assignment of lighting work on remote braodcasts to group 11
television assistants , one of whose duties is to "Assist in
lighting operation in the field." Neither this clause nor any
isLocal 26 , international Fur and Leather Workers Union of the United States and Canada
( Winslow Bros . & Smith Co ), 90 NLRB 1379.
9NABET's contentions directed to the effect of its certification and contract are treated
under the merits of the dispute.
n Supra.
NATIONAL ASSOCIATION OF BROADCAST ENGINEERS 363
other provision of the agreement qualifies field lighting duties
by a limitation to unstaged or pickup as distinguished from
"staged" remotes. Nevertheless, on August 1, 1952,duringthe
term of the NABET agreement, NBC and IATSE executed an
agreement the scope of which covers all field as well as studio
lighting and NBC made assignments accordingly. Unless, there-
fore, the practice under the NABET agreement warrants an
inference of nullification by administration, we believe the
IATSE agreement and the assignments thereunder, to the extent
material herein, infringed upon the NABET contract.
It is clear that as to regular "staged" remotes, NBC, con-
sistent with the NABET agreement , assigned engineers to
light the shows.'8 Following execution of the IATSE agree-
ment, however, N$C departed from this practice whereupon
NABET protested and ultimately engaged in work stoppages on
the Hollywood Hour and Tex Williams shows. The lighting
duties on these shows remained the same as on other " staged"
remotes and no change in operating equipment was involved. It
is equally clear that as to studio shows temporarily trans-
ferred to remote locations, NBC, for a substantial period prior
to the agreement with IATSE, repeatedly assigned stagehands
to lighting. NABET did not protest this action until well after
it had become established practice. We conclude that the prac-
tice at KNBH with regard to lighting assignments on regular
"staged" remotes conformed with the language of the group
II clause in the NABET agreement. With regard to studio shows
temporarily transferred to the field, however, we think NABET
waived whatever contractual rights it may have had to such
lighting assignments.'9
In the light of the coverage of the precedent NABET agree-
ment, the consistent practice thereunder on regular " staged"
remotes, and the identity of the lighting functions on the broad-
casts in question as compared with previous assignments to
NABET engineers, we are of the opinion that in assigning
IATSE stagehands .to light the shows of September 26 and Octo-
18By way of explaining the failure to apply its lighting policy to regular "staged" remotes,
Turner testified and NBC argues that when a "staged" remote was lit by NABET, he was not
consulted, knew nothing of the program until months after it had been broadcast, or his ex-
press instructions were disregarded. Assuming as a fact that operating personnel did not
carry out company policy, this does not, in our opinion, detract from the actual practice of
assigning NABET members to light regular "staged" remotes. It is not questioned that NABET
members so labored as employees of NBC. Clearly, once NBC determined to implement its
policy, of assigning stagehands, it had no difficulty in effectively transmitting this order through
supervisory personnel. We find this contention without merit.
19Moreover, we believe the inclusion of lighting duties on temporary remotes in the IATSE
agreement reconcilable with the NABET contract which does not extend to the handling and
placing of lights on broadcasts that are essentially studio shows though temporarily removed
to the field.
We do not of course refer above to any lighting duties other than those in dispute in this
proceeding.
364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ber 12, NBC acted in derogation of the NABET contract. to The
Board is persuaded that to fail to hold as controlling herein
the contractual preemption of the work in dispute would be
to encourage disregard for observance of binding obligations
under collective-bargaining agreements and invite the very
jurisdictional disputes Section 8 (b) (4) (D) is intended to pre-
vent. Moreover, contrary to the contentions of NBC and IATSE,
we do not consider the fact that NABET possesses neither
certification nor Board order as precluding a determination
that its contract covers the assignment of the work in dispute.
This is so because a literal construction of Section 8 (b) (4)
(D),ui in the circumstances of this case, would require that
the Board acquiesce in the invasion of an incumbent union's
contractual rights by sanctioning the device of reallocating
work assignments under color of an agreement with a rival
union at a time when the applicable contract is in full force and
effect. The incumbent union compelled thereby to strike to
protect its contract 22 would be denied a determination in its
favor in a 10 (k) proceeding because it lacked a certification
or Board order, a result wholly incongruous with the purpose
of the Act to promote stability of bargaining relations and
20 Both NBC and IATSE point to the American Broadcasting Company agreement with NABET
identical with the NBC-NABET agreement and jointly negotiated, under which all remote
lighting in Los Angeles is assigned in practice to IATSE. NABET maintains that this resulted
from a bargain peculiar to conditions at ABC. It is sufficient herein that the practice at NBC
as indicated above conformed to the NABET agreement and that there exists no contract
ambiguity such as would require resort to industry practice for purposes of clarification.
Moreover, we note that NBC itself did not adopt the ABC arrangement for it does not dispute
the assignment of NABET members to field pickups
SiThe relevant portions of Section 8 of the Act are as follows:
(b) It shall be an unfair labor practice for a labor organization or its agents--
O
(4) to engage in, or to induce or encourage the employees of any employer to engage in,
a strike or a concerted refusal in the course of their employement to use, manufacture,
process, transport, or otherwise handle or work on any goods, articles, materials, or
commodities or to perform any services, where an object thereof is: . . (D) forcing or
requiring any employer to assign particular work to employees in a particular labor
organization or in a particular trade, craft, or class rather than to employees in another
labor organization or in another trade, craft, or class, unless such employer is failing
to conform to an order or certification of the Board determining the bargaining repre-
sentative for employees performing such work:. .
2ZOn the facts of this case, we do not construe the no-strike provision of the NABET agree-
ment as a bar to a determination that the NABET contract properly covers the work in dis-
pute. The relevant clause provides:
There will be no stoppage of work, lockout or other interference with Company operations
and the employees hereunder will perform their regular and customary duties for the
Company until one of the parties has failed to comply promptly with any final decision of
an arbitrator. (Underscoring supplied.)
In assigning the work to IATSE, NBC, in our view, prevented NABET engineers from per-
forming "their regular and customary duties" which included the handling and placing of
lights on regular "staged" remotes. In any case, it is apparent that had NABET sought
arbitration of its work claim under the agreement, an award pursuant thereto would not bind
IATSE. Cf Winslow Bros. & Smith Co., supr.
ROCKLAND LIGHT AND POWER COMPANY 365
minimize industrial disputes.23 Accordingly, in view of the
foregoing, we find that the employees handling and placing
lights on regular "staged" remote broadcasts at KNBH are at
present covered by the contract between NBC and NABET.24
DETERMINATION OF DISPUTE
On the basis of the foregoing findings of fact and upon the
entire record in this case, the Board makes the following de-
termination of dispute pursuant to Section 10 (k) of the amended
Act:
1. The handling and placing of lights on regular "staged"
remote broadcasts at NBC-KNBH, Los Angeles, California, is
at present covered by the agreement in existence between NBC
and National Association of Broadcast Engineers and Techni-
cians, C.I.O., and not by the agreement between NBC and
International Alliance of Theatrical Stage Employees and
Moving Picture Machine Operators of the United States and
Canada, A. F. of L., Local 33.
2. Within ten (10) days from the date of this Decision and
Determination of Dispute, National Broadcasting Company,
Inc., National Association of Broadcast Engineers and Techni-
cians, C.I.O., Hollywood Chapter, and International Alliance of
Theatrical Stage Employees and Moving Picture Machine
Operators of the United States and Canada, A. F. of L., Local
33, shall each notify the Regional Director for the Twenty-first
Region, in writing, of the steps it has taken to comply with the
terms of this Decision and Determination of Dispute.
231t is a well-recognized rule of statutory interpretation that a literal construction which
would lead to absurd or incongruous results should be avoided, even where the literal purport
of the words used is clear.
24As we view the issue presented in this proceeding one of paramount contractual right to
the work in question, the arguments in the briefs of NBC and IATSE directed to representa-
tion criteria are deemed inapplicable. Accordingly, we need not now decide whether the NBC
lighting case would be controlling were the issue one of appropriate unit. Cf. National Associa-
tion of Broadcast Engineers and Technicians, CIO (National Broadcasting Company, Inc.),
103 NLRB 479; Radio and Television Broadcast Engineers Union, Local 1212, International
Brotherhood of Electrical Workers, A. F. L. (Columbia Broalcast ng System, Inc.), 103
NLRB 1256. Further, we note that the NBC lighting case did not involve unit findings with
respect to KNBH.
ROCKLAND LIGHT AND POWER COMPANY and INTER-
NATIONAL CHEMICAL WORKERS UNION, AFL, LOCAL 143,
Petitioner
ROCKLAND LIGHT AND POWER COMPANY and INTER-
NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
AFL, Petitioner. Cases Nos. 2-RC-5531 and 2-RC-5564.
June 4, 1953
DECISION, ORDER, AND DIRECTION OF ELECTION
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relations Act, a consolidated hearing was held
105 NLRB No. 53.