National Broadcasting Co., Inc.

National Labor Relations Board - Board Decisions

Mar 31, 1945

61 N.L.R.B. 161 (N.L.R.B. 1945)

In the Matter of NATIONAL BROADCASTING COMPANY, INC. and NATIONAL
ASSOCIATION OF BROADCAST ENGINEERS AND TECHNICIANS and
AMERICAN FEDERATION OF MUSICIANS
In the Matter of AMERICAN BROADCASTING COMPANY, INC. and NATIONAL
ASSOCIATION OF BROADCAST ENGINEERS AND TECHNICIANS and
AMERICAN FEDERATION OF MUSICIANS
Cases Nos. 2-057351 and 2-0734; respectively. Decided March
31,1945
DECISION
AND
ORDER
On February 3, 1945, the Trial Examiner issued his Intermediate
Report in the above-entitled consolidated proceeding, finding that the
respondents had engaged in and were engaging in certain unfair labor
practices and recommending that they cease and desist therefrom and
take certain affirmative action, as set out in the copy of the Intermediate
Report attached hereto. Thereafter, the American Federation of
Musicians, herein called the AFM, and the respondent American
Broadcasting Company, Inc., filed exceptions to the Intermediate
Report; the respondent American Broadcasting Company, Inc. also
filed a supporting brief. Oral argument, in which the respondents,
the AFM, and National Association of Broadcast Engineers and Tech-
nicians, herein called NABET, participated, was held before the
Board at Washington, D. C., on March 6, 1945. The Board has re-
viewed the rulings of the Trial Examiner and finds that no prejudicial
error was committed. The rulings are hereby affirmed., The- Board
has considered the Intermediate Report, the exceptions and briefs of
the parties, and the entire record in the case, and hereby adopts
the findings, conclusions, and recommendations of the Trial Examiner,
with the exceptions, additions, and qualifications noted below 2
I Pursuant to an order of the Board dated January 13, 1945, Case No. 2-C-5734 was
consolidated with Case No. 2-C-5735.
2 The Trial Examiner found that the parties met for the last time on January 24 and
that during this meeting the respondents unsuccessfully attempted to induce NABET to
waive its jurisdiction over platter turners. The record shows and we find, that while the
parties met again after January 24, 1944, the last time that the respondents attempted to
induce NABET to waive its jurisdiction over the platter turners was at a meeting with
NABET on January 24, 1944.
61 N. L. R. B., No. 21.
161
162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. At the oral argument before the Board, counsel for the AFM
conceded that unless the Board were to reverse its determination of the
appropriate unit in the representation proceeding, the contentions of
the AFM would constitute no valid defense to the respondents' refusal
to bargain with NABET. No new evidence has been offered and no
new arguments have been advanced relating to the issue of whether
platter turners should be within a musicians' unit as claimed by AFM
or, except in Chicago, within an engineers' and technicians' unit as
determined by the Board in the representation proceeding. After
full reconsideration of the issues we affirm our unit determination in
this respect.
2. As part of their defense, the respondents inferentially base their
refusal to bargain `vith NABET on the letters of January 27 and 28,
1944, which both the AFM and the respondents contend constitute
valid contracts. However, at the representation proceeding and at
the oral argument before the Board in the present proceeding, it was
admitted that these alleged agreements had been made subject to our
determination in a proper representation proceeding that platter
turners, except in Chicago, would be included in a musicians' unit rep-
resented by the AFM.3 Since we have determined that they should
be included in a unit of engineers and technicians represented by
NABET, this condition was never met. Accordingly, apart from any
other considerations, we find that the letters of January 27 and Janu-
ary 28, 1944, do not constitute a valid defense to the respondents'
refusal to bargain.
3. As a further defense to their refusal to bargain with NABET the
respondents, as set forth in the Intermediate Report, rely upon the
economic reprisals which the AFM threatened to put into effect if
they recognized and bargained with NABET as the exclusive repre-
sentatives for platter turners. We have fully considered the respond-
ents' contention in this respect and, as we have previously held, we
' The record in the representation proceeding contains the following statements:
Mr. McDONALD (Counsel for the respondent National Broadcasting Company, Inc.) : .
We discussed terms with Local 802 under which platter turners would be employed, pro-
vided the NLRB certified the AFAI jurisdiction of platter turners, . . .
• • n • • s •
Mr. PADWAY (Counsel for the AFM) : Well, I accept Mr. McDonald's explanation of it,
that is all, and that saves a lot of time.
The transcript of the oral argument In the present proceeding contains the following
statements: I
Mr. PADWAY : The contract of the musicians was about to expire. Conferences were had
respecting . . . any other terms and conditions which would enter into the new contract ,
that the musicians made a formal demand for platter turners ; that their demand was
granted subject to whatever might be determined by the National Labor Relations Board.
• • s s a s ►
Mr. McDONALD : Gentlemen of the Board, in answer to Judge Padway's question I would
like to state that it is my understanding that the letters given in January of 1944, were, of
course, subject to any decision that this National Labor Relations Board might make, but he
(sic) letter of N. B C. did not specifically so state. I regarded it as an implied con-
dition . . .
NATIONAL BROADCASTING COMPANY, INC. 163
find that neither as a matter of law does it constitute a defense to the
duty to bargain required by the Act nor in the exercise of our discretion
do we regard it as a valid justification for such refusals.-'
ORDER
Upon the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that :
A. The respondents, National Broadcasting Company, Inc., and
American Broadcasting Company, Inc., both of New York City, and
their respective officers, agents, successors, and assigns, shall cease and
desist from :
(1) Refusing to bargain collectively with National Association of
Broadcast Engineers and Technicians as the exclusive representative
of their respective employees in the respective appropriate units set
forth in paragraphs B (1) and C (1) of this Order with respect to
rates of pay, wages, hours of employment, and other conditions of
employment;
(2) Engaging in any like or related acts or conduct interfering with,
restraining, or coercing their employees in the exercise of their right to
self-organization, to form labor organizations, to join or assist National
Association of Broadcast Engineers and Technicians, or any other
labor organization, to bargain collectively through representatives of
their own choosing, and to engage in concerted activities, for the pur-
pose of collective bargaining or other mutual aid or protection, as
guaranteed in Section 7 of the Act.
B. The respondent National Broadcasting Company, Inc., and its
officers, agents, successors, and assigns, shall take the following affirma-
tive action which the Board finds will effectuate the policies of the Act :
(1) Upon request, bargain collectively with National Association of
Broadcast Engineers and Technicians as the exclusive representative of
all technical employees, wherever located, of the engineering depart-
ment of National Broadcasting Company, Inc., engaged in the opera-
tion of technical facilities 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" play-
back, excepting "on the air" playback in Chicago, Illinois, but exclud-
ing chief engineer, operating engineer and assistant, engineering
managers, engineers in charge, operations supervisors, television oper-
Matter of Gluek Brewing Co., 47 N. L. R. B 1079, 1093, enf'd 144 F. (2d) 847
(C C A. 8 ) ; Matter of McQuay -Norris Manufacturing Company, 21 N. L. R B. 709, 717,
enf'd 116 F. (2d) 748 (C C A. 7), cert denied 313 U. S 565; Matter of Star Publishing
Company, 4 N . L. R B. 498, enf'd 97 F. ( 2d) 465 (C C. A. 9) ; 1 Matter of Isthmian Steam-
ship Company , 22 N. L R B. 689 , 699, enf ' d 126 F. ( 2d) 598 (C. C. A. 2 ) ; and Matter of
Walgreen Company, 44 N. L. R. B. 1200, 1214.
164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ations supervisors, station engineers at transmitters of more' than
5 kw., television station engineers, engineers in charge and their first
assistants in the following engineering groups : radio facilities, audio
facilities, development, and technical services; construction superin-
tendents; engineer in charge of television; and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, in respect to rates of pay, wages, hours of
employment, and other conditions of employment;
(2) Post in its studios at New York City; Chicago, Illinois; Wash-
ington, D. C.; Cleveland, Ohio; Denver, Colorado; and San Francisco,
California, copies of the notice attached hereto, marked "Appendix
A." Copies of said notice, to be furnished by the Regional Director
for the Second Region, shall, after being duly signed by the respond-
ent's representative, be posted immediately upon receipt thereof, and
maintained by it for sixty (60) consecutive days thereafter, in con-
spicuous places, including all places where notices to employees are
customarily posted. Reasonable steps shall be taken by the respondent
to insure that said notices are not altered, defaced, or covered by any
other material;
(3) Notify the Regional Director for the Second Region in writing,
within ten (10) days from the date of this Order, what steps the
respondent has taken to comply herewith.
C. The respondent American Broadcasting Company, Inc., and its
officers, agents, successors, and assigns, shall take the following affirma-
tive action which the Board finds will effectuate the policies of the Act :
(1) Upon request, bargain collectively with National Association
of Engineers and Technicians as the exclusive representative of all
technical employees, wherever located, of the engineering department
of American Broadcasting Company, Inc., engaged in the operation
of technical facilities used in transmitting, converting and/or conduct-
ing audio, video, and/or radio frequencies for use in broadcast, rebroad-
cast, audition, rehearsal, recording and/or "on the air" playback,
excepting "on the air" playback in Chicago, Illinois, but excluding
chief engineer, operating engineer and assistant, engineering man-
agers, engineers in charge, operations supervisors, television operations
supervisors, station engineers at transmitters of more than 5 kw., tele-
vision station engineers, engineers in charge and'their first assistants
in the following engineering groups: radio facilities, audio facilities,
development, and technical services; construction superintendents;
engineer in charge of television; and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, in respect to rates of pay, wages, hours of ,employment,
and other conditions of employment;
NATIONAL BROADCASTING COMPANY, INC. 165
(2) Post in its studios at New York City; Chicago, Illinois; San
Francisco, California; and Los Angeles, California, copies of the
notice attached hereto, marked "Appendix B." Copies of said notice,
to be furnished by the Regional Director for the Second Region, shall,
after being duly signed by the respondent's representative, be posted
by the respondent immediately upon receipt thereof, and maintained
by it for sixty (60) consecutive days thereafter, in conspicuous places,
including all places where notices to employees are customarily posted.
Reasonable steps shall be taken by the respondent to insure that said
notices are not altered, defaced, or covered by any other material ;
(3) Notify the Regional Director for the Second Region in writing,
within ten (10) days from the date of this Order, what steps the
respondent has taken to comply therewith.
APPENDIX A
NOTICE To ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
We Will Not refuse to bargain with National Association of Broad-
cast Engineers and Technicians as the exclusive representative of
our employees in the bargaining unit described herein;
We Will Not engage in any like or related act or conduct interfering
with, restraining, or coercing our employees in the exercise of their
right to self-organization, to form labor organizations, to join or assist
the above-named or any other labor organization, to bargain collec-
tively through representatives of their own choosing, and to engage
in concerted activities for the purpose of collective bargaining or other
mutual aid or protection. All our employees are free to become or
remain members of this union, or any other labor organization.
We Will bargain collectively, upon 'request, with the above-named
union as the exclusive representative of all employees in the bargain-
ing unit described herein with respect to rates of pay, hours of em-
ployment or other conditions of employment, and if an understanding
is reached, embody such understanding in a signed agreement. The
bargaining unit is.: .
All technical employees, wherever located, of the Engineering
Department of National Broadcasting Company, Inc., engaged in the
operation of technical facilities 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, excepting "on the air" playback in Chicago, Illinois,
but excluding chief engineer, operating engineer and assistant, engi-
166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
neering managers, engineers in charge, operations supervisors, tele-
vision operations supervisors, station engineers, engineers at trans-
mitters of more than 5 kw., television station engineers, engineers
in charge and their first assistants in the following engineering groups :
radio facilities, audio facilities, development, and technical services;
construction superintendents ; engineer in charge of television ; and
all other supervisor employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action.
NATIONAL BROADCASTING COMPANY, INC.
Employer.
By -----------------------------------------
Dated --------------------
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
APPENDIX B
NOTICE To ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
We Will Not refuse to bargain with National Association of Broad-
cast Engineers and Technicians as the exclusive representative of our
employees in the bargaining unit described herein ;
We Will Not engage in any like or related act or conduct interfer-
ing with, restraining, or coercing our employees in the exercise of
their right to self-organization, to form labor organizations, to join or
assist the above-named or any other labor organization, to bargain col-
lectively through representatives of their own choosing, and to engage
in concerted activities for the purpose of collective bargaining or
other mutual aid or protection. All our employees are free to become
or remain members of this union, or any other labor organization.
We will bargain collectively, upon request, ' with the above-named
union as the exclusive representative of all employees in the bargaining
unit described herein with respect to rates of pay, hours of employ-
ment or other conditions of employment, and if an understanding is
reached, embody such understanding in a signed agreement. The
bargaining unit is :
All technical employees, wherever located, of the Engineering De-
partment of American Broadcasting Company, Inc., engaged in the
operation of technical facilities used in transmitting, converting
and/or conducting audio, video, and/or radio frequencies for use in
NATIONAL BROADCASTING COMPANY, INC. 167
broadcast, rebroadcast, audition, rehearsal, recording and/or "on the'
air," playback, excepting "on the air" playback in Chicago, Illinois, but
excluding chief engineer, operating engineer and assistant, engineering
managers, engineers in charge, operations supervisors, television -
operations supervisors, station engineers at transmitters of more than
5 kw., television station engineers, engineers in charge and their first
assistants in the following engineering groups : radio facilities, audio
facilities, development, and technical services; construction superin-
tendents; engineer in charge of television; and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action.
AMERICAN BROADCASTING COMPANY, INC.
Employer.
By -----------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof, and
must not be altered, defaced, or covered by any other material.
INTERMEDIATE REPORT
Mr. Alan F. Perl, for the Board.
Messrs. Franklin S. Wood and Walter L. Eme7son, of New York, N. Y., for Blue
Network.
Messrs. J. R. T. Cahill, Joseph A. McDonald, and Charles F. Delmar, of New
York, N. Y, for NBC.
Mr Joseph A. Padway, by Mr. Robert A. Wilson, of Washington, D C., and
Mr. Henry A. Friedman, of New York, N. Y, for AFM.
Mr Martin F. O'Donoghue, of Washington, D C., for NABET.
STATEMENT OF THE CASE
Upon separate charges duly filed on January 11, 1945, by National Associa-
tion of Broadcast Engineers and Technicians , herein called NABET , the Na-
tional Labor Relations Board, herein called the Board, by the Regional Director
for the Second Region (New York, New York), issued its complaint dated Jan-
uary 15, 1945, against National Broadcasting Company, Inc., New York, New
York, herein called NBC, and American Broadcasting Company, Inc, New York,
New Yorks herein called Blue Network,' both herein collectively called the respond-
ents, alleging that the respondents , and each of them, had engaged in and was
engaging in unfair labor practices affecting commerce within the meaning of
Section 8 ( 1) and (5)-and Section 2 (6) and ( 7) of the National Labor Rela-
tions Act , 49 Stat 449 , herein called the Act Copies of the complaint and notice
of hearing theieon were duly served upon each of the respondents , NABET, and
upon the American Federation of Musicians , a party to the proceeding and
herein called AFM.
With respect to the unfair labor practices, the complaint alleged in substance
that from on or about November 24, 1944, each of the respondents has refused to
bargain collectively with NABET as the exclusive representative of its respective
employees in certain appropriate units, although NABET had been certified as
168 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the bargaining representative for such employees by the Board in a prior pro-
ceeding.) The answer filed by NBC admits all the allegations of the complaint
with respect to it but avers that it refused to bargain collectively with NABET
because AFM had threatened it with reprisal if it recognized and bargained with
NABET as the exclusive representatives of its "platter turners."' The answer
of Blue Network admits, in effect, all the allegations of the complaint wit)} respect
to it, including the allegation that it refused to bargain collectively with NABET
for its platter turners, but denied that Blue Network has ever refused to bargain
collectively with NABET with regard to its other employees in the unit found
by the Board to be appropriate. The answer further admits that a letter, dated
January 6, 1945, and sent by Blue Network to NABET, a copy of which is attached
to and made part of the complaint, sets forth the position of Blue Network in
this proceeding in' stating that it would not bargain collectively with NABET
with regard to its platter turners for the reason that it feared reprisals from
AFM. The answer stated that on December 30, 1944, the Blue Network Company,
Inc., was a wholly owned subsidiary of the American Broadcasting Company,
Inc., and under that date was merged into, and became a part of, American
Broadcasting Company, Inc., which has assumed, and is responsible for, all the
liabilities of Blue Network Company, Inc. No answer was filed by AFM.
Pursuant to notice, a hearing was held on January 30, 1945, at New York, New
York, before Howard Myers, the undersigned Trial Examiner, duly designated
by the Chief Trial Examiner. The Board, NBC, Blue Network, NABET, and
AFM were represented by counsel and participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues was afforded all parties. At the opening of
the hearing, upon motion of Board's counsel, unopposed by any of the parties,
and upon a showing, as reflected by the answer filed herein, that as of December
30, 1944, Blue Network Company, Inc, was merged with its -parent corporation,
American Broadcasting Company, Inc., which has assumed all the liabilities of
Blue Network Company, Inc., and now occupies the position of respondent herein,
the title of Case No. 2-C-5734 was amended to substitute American Broadcasting
Company, Inc., in the place and stead of Blue Network Company, Inc., as respond-
ent herein. At the conclusion of the hearing, Board's counsel moved to conform
the pleadings to the proof. The motion was granted without opposition. Oral
argument, in which counsel for the Board and AFM participated, was heard at the
conclusion of the taking of the evidence and is a part of the record. Although
afforded opportunity to do so, none of the parties have submitted briefs.
Upon the entire record in the case, the undersigned makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
National Broadcasting Company, Inc, is a Delaware corporation having its,
principal place of business in New York City. It is engaged principally in the
business-of network and local broadcasting, involving the sale of broadcast time,
1 Matter of National Broadcasting Company, Inc., 59 N. L. It. B. 478.
2 "Platter turners," or, as they are sometimes called, turntable operators, place phono-
graph records on one of the two turntables used in broadcasting studios for "on the air"
playback, adjusting it for either vertical or lateral cut records and fixing speed of the
records in accordance with the instructions appearing on the face of the record, opening
the fader control, and, after the record has been played, removing the records from the
turntable. The Board found in the said prior representation proceeding that platter
turners, except those employed in the Chicago studio of the respondents, are part of the
appropriate units. ,
NATIONAL BROADCASTING COMPANY, INC. - 169
the production of radio programs, the transmission of such programs over cer-
tain, stations managed and owned by it and to various broadcasting stations
throughout the United States and Canada affiliated with it for broadcasting by
them. The National Broadcasting Company owns and operates studios and radio
facilities constituting the following broadcasting stations : WEAF, New York
City; WMAQ, Chicago, Illinois; WRC, Washington, D. C.; WTAM, Cleveland,
Ohio ; BOA, Denver, Colorado ; and KGO, San Francisco, California. It also
maintains studios and offices in Los Angeles, California, and has various short
wave, television, and experimental broadcasting stations located throughout the
United States. It transmits its programs in interstate commerce by broadcast-
ing them from the stations it owns and operates and by feeding its network pro-
grams over wire lines to the broadcasting stations affiliated with it, which number
approximately 140 and are located in various States, Canada, Hawaii, and Cuba.
American' Broadcasting Company, Inc., is a Delaware corporation having its
principal place of business in New York City. It is engaged in the business of
network and local broadcasting, the sale of time facilities and radio programs,
and the production of radio programs. It owns and operates the studios and
facilities constituting the following broadcasting stations : WJZ, New York City ;
WENR, Chicago, Illinois ; KGO, San Francisco, California ; and KECA, Los
Angeles, California. It transmits programs over the Blue Network, which con-
sists of the 4 above-mentioned stations, and 191 independently owned stations, 2
of which are located in Canada. The programs broadcast include both sustain-
ing and commercial programs of news, entertainment and educational character,
and advertising.
NBC and Blue admit, and the undersigned finds, that they are engaged in com-
merce within the meaning of the National Labor Relations Act.
II THE ORGANIZATIONS INVOLVED
National Association of Broadcast Engineers and Technicians is a labor organ-
ization admitting to membership employees of the respondents.
American Federation of Musicians, affiliated with the American Federation of
Labor, is a labor organization admitting to membership employees of the
respondents. -
III. THE UNFAIR LABOR PRACTICES
The refusal to bargain collectively with N4BET
1. The Appropriate Units
The complaint alleged, as the Board found in its Decision and Certification of
Representatives, dated November 24, 1944,3 that all technical employees, wherever
located, of the engineering departments of Blue Network and NBC, respectively,
engaged in the operation of technical facilities used in transmitting, converting
and/or conducting audio, video, and/or radio frequencies for use in broad-
cast, rebroadcast, audition, rehearsal, recording and/or "on the air" play-
back, excepting "on, the air" playback in Chicago, Illinois, but excluding chief
engineer, operating engineer and assistant, engineering managers, engineers
in charge, operations supervisors, television operations supervisors, station en-
gineers at transmitters of more than 5 kw., television station engineers, en-
gineers in charge and their first assistants in the following engineering groups :
radio facilities, audio facilities, development, and technical services ; construc-
tion superintendents ; engineer in charge of television ; and all other supervisory
3 See footnote 2, supra.
170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend such action,
constitute units appropriate for the purposes of collective bargaining. None
of the parties disputed the appropriateness of the units as found nor was there
any new evidence introduced in the instant proceeding with respect thereto.
In accordance with the foregoing, and as set out by the Board in its certifica-
tion of NABET, under date of November 24, 1944, the undersigned finds that
all technical employees, wherever located, of the engineering department of
NBC engaged in the operation of technical facilities used in transmitting, con-
verting and/or conducting audio, video, and/or radio frequencies for use in
broadcast, rebroadcast, audition, rehearsal, recording and/or "on the air",play-
back, excepting "on the air" playback in Chicago, Illinois, but excluding chief
engineer, operating engineer and assistant, engineering managers, engineers
in charge, operations supervisors, 'television operations supervisors, station
engineers at transmitters of more than 5 kw., television station engineers, en-
gineers in charge and their first assistants in the following engineering groups :
radio facilities, audio facilities, development, and technical services ; construc-
tion superintendents; engineer in charge of television; and all other super-
visory employees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend such _
action, at all times material herein constituted, and now constitutes, a unit
appropriate for the purposes of collective bargaining with respect to rates of
pay, wages, hours of employment and other conditions of employment, and that
the said unit insures to the said employees of NBC its full benefit of their right
to self-organization and collective bargaining and otherwise effectuates the
policies of the Act.
The undersigned further finds that all technical employees, wherever located,
of the engineering department of Blue Network engaged in the operation of
technical facilities used in transmitting, converting and/or conducting audio,
video, and/or radio frequencies for use in broadcast, rebroadcast, audition, re-
hearsal, recording and/or "on the air" playback, excepting "on the air" playback
in Chicago, Illinois, but excluding chief engineer, operating engineer and assist-
ant, engineering managers, engineers in charge, operations supervisors, television
operations supervisors, station engineers at transmitters of more than 5 kw.,
television station engineers, engineers in charge and their first assistants in the
following engineering groups:-radio facilities, audio facilities, development, and
technical services ; construction superintendents ; engineer in charge of television ;
and all other supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or effectively
recommend such action, at all times material herein constituted, and now consti-
tutes a unit appropriate for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of employment,
and that the said unit insures to the said employees of Blue Network the full
benefit of their right to self-organization and collective bargaining and otherwise
effectuate the policies of the Act.
2. Representation by NABET of a majority in the appropriate units
In the above-mentioned representation proceeding, the Board, on November 24,
1944, certified NABET as the exclusive representative of the employees in the
respective appropriate units. The correctness or adequacy of the Board's certi-
fication was not questioned by any of the parties. Accordingly, the undersigned
finds that on November 24,1944, and at all times thereafter, NABET was, and now
NATIONAL BROADCASTING COMPANY, INC. 171
is, the duly designated representative of a majority of the employees in the afore-
said appropriate units and that, pursuant to Section 9 (a) of the Act, NABET
was, and now is, the exclusive representative of the employees in the said units
for the purposes of collective bargaining in respect to rates of pay, wages, hours
of employment, and other conditions of employment.
3 The refusal to bargain
As hereinabove indicated upon separate petitions filed by NABET, the Board
issued on November 24, 1944, its Decision and Certification in which it found the
platter turners employed by the respondents, except those employed at their
respective Chicago studios, were to be included in the appropriate units.
On November 27, 1944, Allan T. Powley, the president of NABET met with an
official of Blue Network for the purpose of entering negotiations looking toward
a collective bargaining contract. Later that day, Powley met with an official of
NBC As a result of these meetings, arrangements were made for a joint confer-
ence. On December 1, NABET submitted to each respondent identical proposed
contracts. On December,5, representatives of NABET met at a joint conference
with officials of NBC and Blue Network. There, discussions were had with respect
to the contracts submitted by NABET on December 1. John MacDonald, the
vice-president of NBC and who acted as spokesman at that meeting for the re-
spondents, read to those present a letter dated December 1, which NBC received
from James C. Petrillo, the president of AFM, in which Petrillo insisted that
NBC disregard the Board's Certification of NABET as the exclusive representative
of the employees of NBC in the appropriate unit and carry out the arrangements
which NBC made with AFM in January 1944, to hire only members of AFM as
platter turners. Despite Petrillo's letter, the parties met and discussed the
terms of the proposed contracts on eight other occasions in December, during
which agreement was reached with respect to some of the terms At the last
December meeting, held on the 21st of that month, the respondents agreed to
submit counter-proposed contracts. They submitted identical proposed contracts
on December 27. These contracts, however, made no provision for the platter
turners. The letter, dated December 27, which accompanied the proposed NBC
contract reads in part as follows :
Even though we have been unable to complete the redraft of the proposed
new NABET contract in line with our recent meetings , we have completed
and are sending you herewith the first twelve pages covering Section 1
through 8. We are continuing to work on the balance of the draft and will
get it to you as soon as possible . It is our plan to present the dollar amounts
to you at our meeting on January 3d.
On December 29, NABET sent the following telegram to each respondent :
The contract you have submitted is at complete variance with the agree-
ment that we reached in New York after three weeks of negotiations. The
wage increases agreed to by you must be submitted to me by telegram not
later than Saturday noontime. I am not going to wait until January 3 for
NBC and Blue to submit. the wage increases that we have requested. The,
balance of the draft of the contract must be in my possession not later than
Saturday, December 30 and above all you must agree immediately in writing
that you recognize NABET as the certified bargaining agent for all turn
table operators or else'all negotiations are completely off. I believe NBC and
Blue are stalling and are not bargaining in good faith and our patience
is exhausted.
172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On the following day (December 30) NBC sent the following telegram to
NABET:
RE YOUR WIRE OF DECEMBER 29 UNDERSTAND THAT JO MC-
DONALD IN HIS TELEPHONE CONVERSATION WITH YOU YESTER-
DAY SHORTLY AFTER YOUR WIRE TO ME HAD BEEN SENT ASSURED
YOU OF OUR GOOD FAITH IN THESE NEGOTIATIONS AND OF THE
DILIGENCE WITH WHICH WE HAVE PREPARED QUR REDRAFT OF
THE PURPOSED NBC NABET CONTRACT AND THAT THERE FOR
NO ACTION WILL BE TAKEN ON ANY PART OF CONTENTS OF YOUR
TELEGRAM TO ME PRIOR TO NEXT WEDNESDAY STOP AT THAT
TIME UNDERSTAND WE WILL MEET AT 10: 30 a. m. AS ORIGINALLY
SCHEDULED AND GO OVER COMPLETE REVISED DRAFT OF THE
CONTRACT BALANCE OF WHICH WILL BE DELIVERED TO HILLER
IN NEW YORK TUESDAY FOR YOUR RECONSIDERATION PRIOR TO
THE MEETING AND ALSO THAT THE PURPOSED NBC NABET WAGE
SCALE WILL BE PRESENTED AT THAT MEETING MEAN WHILE I
ASSURE YOU THAT REVISED DRAFT SUBMITTED BY US PREPARED
BY JO MCDONALD AND GEORGE MCELRATH IN COMPLETE GOOD
FAITH AS REFLECTING THEIR UNDERSTANDING OF ALL MATTERS
AGREED UPON TO DATE AND THAT ENTIRE NEGOTIATIONS HAS
BEEN AND WILL CONTINUE TO BE CARRIED ON WITH ALL PRAC-
TICABLE SPEED.
On January 3, 1945, the parties again met. At this conference , NABET demanded
to know whether the respondents would bargain with NABET with respect to the
platter turners . The respondents replied that they so would advise NABET
within the next few days . On January 6, NBC wrote NABET the following
letter :
This letter is in response to the request you made on Wednesday of this
week for a written statement of our position with respect to jurisdiction over
"platter turners". You stated that your union did not deem it adisaboe
(sic) to continue the negotiations for a new collective bargaining agreement
unless your jurisdiction was recognized.
The National Broadcasting Company has given this matter considerable
thought and I must now advise you that we are not in a position to give you
our commitment recognizing your union as the proper bargaining agent for
"platter turners ". We have come to this conclusion because, based on the facts
which I shall summarize in this letter , it seems clear to us that this ques-
tion can be resolved effectively only by judicial determination.
In January 1944, in the course of negotiating with the American Federation
of Musicians a new contract covering the instrumental musicians in our
employ we agreed , effective in June, to employ musicians as "platter turners".
We made this agreement in the belief that we and you could more exactly
define "on the air playback" equipment ( as those words are used in our
NABET contract) so as to exclude therefrom the actual work of turning
"platters", leaving the equipment itself solely under the jurisdiction of your
engineers.
In April your union instituted a proceeding before the National Labor
Relations Board seeking a declaration that your union was the proper
collective bargaining agent for the employees engaged in "platter turning."
The American Federation of Musicians and the Company were parties to
those proceedings . On November 24, 1944, the National Labor Relations
Board handed down its order certifying your union as the proper collective
NATIONAL BROADCASTING COMPANY, INC. 173
bargaining agent for employees engaged (except in Chicago) in "platter
turning". We expected that this order would finally settle this jurisdictional
controversy between your union and the American Federation of Musicians
and we were fully prepared to negotiate with you on that basis.
However, on December 1, 1944, we were informed that the American Fed-
eration of Musicians did not regard the Board's decision as determinative
of the issues involved and, accordingly, had ordered the musicians in Holly-
wood not to participate on the Jack Benny program scheduled for Sunday
evening, December 3rd. We were able to have this strike call withdrawn
by agreeing to confer with the President of the union, James C. Petrillo, on
Tuesday, December 5th in order that we might be fully apprised of his
position with respect to this matter. Prior to attending that meeting, we
received from Mr. Petrillo, a letter dated December 1st, reading as follows :
"Now that the hearing before the National Labor Relations Board is
terminated and certification has been granted NABET over work commonly
termed 'Pancake turning' except in Chicago, and which work you have
yourself recognized belongs to our union, I deem it appropriate that I write
to you my view in the matter.
"Regardless of the National Labor Relations Board certification, I firmly
believe that the agreement we entered into awarding the work of pancake
turning to the American Federation of Musicians is legal and proper, and
I take this means of notifying you that I shall continue to insist upon this
jurisdiction so that the work of pancake turning is performed by members
of the American Federation of Musicians throughout the country.
"I do not wish to enter into an argument on the merits of the jurisdic-
tion, but I think I am within my rights in saying that NABET's claim that
it is an independent non-dommnated unit is not substantiated by the facts
and the record. Had this been a "complaint" case before the National Labor
Relations Board I feel sure that we would have established that NABET
is a dominated organization. Of course such facts and circumstances can-
not be established in a representation case, which was the character of the
case before the Board. If you were to consider the testimony of Mr. Freden-
dall at the last hearing you would, I think, be satisfied that it spells nothing
more nor less than that NABET is controlled by the companies employing
their members.
"I think the only fair thing to do in this matter is to cause NABET to
release jurisdiction over this class of work Unless that is done we shall
be plunged into another controversy, which I am sure neither you nor I
desire. Therefore I hasten to bring to your attention my position in this
matter irrespective of the certification by the Board, and I request you
to take all necessary steps to put into force and effect the agreement we
entered into for the members of the American Federation of Musicians in
pancake turning." •
On December 5th, during our first meeting with you after receiving the
foregoing letter, we informed you of its contents.
You will note from Mr. Petrillo's letter that he disputes that you are an
"independent non-dominated unit" and suggests that had the proceeding
before the National Labor Relations Board been a "complaint case" the
Board would have sustained his contention He also states that since his
union was not in a position to raise the question of domination in the
"representation case" that issue is still present and is controlling in the
ultimate determination of who is entitled to represent employees engaged in
"platter turning."
639678-45-vol. 61-13
174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company is and always has been willing to abide by a decision
conclusively determining the jurisdictional question However, in view
of the fact that the American Federation of Musicians insists that the
certification by the National Labor Relations Board did not effectively deter-
mine this issue and refuses to abide by it, we . decided that we had no
alternative but to decline to negotiate with either union with respect to
"platter turners " until the issue was finally and effectively determined.
The status quo, I trust, will be maintained by all concerned until the
issue is finally determined-interruption of our essential services should not
be permitted to take place particularly in time of war.
On the same day (January 6) Blue Network sent the following letter to
NABET.
The following is a statement of the position of the Blue Network in
reference to the dispute between your Union and the American Federation
of Musicians , headed by Mr. James C. Petrillo , as to which union shall
have jurisdiction of our personnel working as platter turners.
In negotiating a new contract with Mr. Petrillo , for the American Federa-
tion of Musicians , in January , 1944, the Blue Network agreed, effective
in June, 1944 , to employ platter turners who are members of the American
Federation of Musicians This agreement , was part of a general contract
with the American Federation of Musicians . In making this contract, we
were acting in good faith and were advised that we were within our legal
rights to award this jurisdiction to the American Federation of Musicians.
As you know , in April of last year , your Union instituted a proceeding
before the National Labor Relations Board whereby you sought to have
NABET named as the Collective bargaining unit for platter turners. The
Blue Network and the American Federation of Musicians were parties' to this
proceeding On November 24, 1944, the National Labor Relationg Board
certified your Union as collective bargaining agent for platter turners,
except in Chicago. The Blue Network was prepared to follow the decision
of the National Labor Relations Board.
However, on December 1 , 1944, Mr Petrillo informed us that he did not
consider the findings of the National Labor Relations Board binding upon
his organization , because he charged that NABET is a so-called. company
dominated union. Mr. Petrillo further alleged that the question of whether
or not your Union is an independent union had not been considered by the
National Labor Relations Board in its proceedings covering the representa-
tion of platter turners. He served notice on the Blue Network that as a
result, he expected the network to comply With our agreement of January,
1944, and to employ musicians , rather, than engineers , as platter turners.
At this time , Mr. Petrillo told the' Blue Network that unless we recognized
the jurisdiction of the American Federation of Musicians over platter turn-
ers, in accordance with our contract , he would order a series of "wild cat"
strikes by withdrawing musicians from Blue Network programs at sporadic
intervals . If Mr. Petrillo carries out this threat , it will be impossible for us
to broadcast leading programs on the network because of the absence of
musicians . We have no adequate legal relief in such situation and over a
period of time it would be impossible for us to broadcast our leading pro-
grams. The result would be that the operation of the Blue Network would
be seriously jeopardized.
For the last month we have been negotiating with you the terms of a
new collective bargaining agreement . You have now informed us that you
NATIONAL BROADCASTING COMPANY, INC. 175
will no longer negotiate unless we accept your Union as the collective bar-
gaining unit for platter turners. In view of the circumstances described
above, and particularly Mr Petrillo 's contention that the National Labor
Relations Board has not determined the question as to your union is an
independent and non-dominated organization , we find ourselves unable to
comply with your request unless and until such time as this issue has been '
finally and effectively determined in such a way as to be binding on all
parties concerned.
The first obligation of the Blue Network is to the public . Holding a
public franchise , we will make every effort to continue the operation of the
network, without interruption , and thus maintain our essential public serv-
ice. I know you -will agree that this is particularly important in time' of
war, when radio is serving as a vital source of public information , both on
the progress of the war and on the efforts necessary to enable us to win
the war. The public interest and that of the parties accordingly require
that the pei4ding dispute be finally determined as promptly as possible and
we sincerely hope that your Union and the American Federation of Musicians
will cooperate with us to that end.
On January 24, the parties again met . At this meeting , the respondents
unsuccessfully attempted to induce NABET to waive its jurisdiction over the
platter turners . This was the last meeting of the parties.
There were introduced in evidence , letters dated January 27 , 1944, and January
28, 1944, from NBC and Blue Network , respectively , to Petrillo advising that
on June 1, 1944 (the termination date of NABET 'S then current contracts), they
would employ members of AFM as platter turners The question was inferentially
raised at the hearing as to whether these letters represented contracts that
would bar consideration of NABET from being certified as the collective bargain-
ing representative of the platter turners.
Reference to the proceedings of the Board which resulted in the certification
of NABET under date of November 24, 1944 ( 59 N L. R B. 478 ) discloses
that these letters were then before the Board and that the status of platter
turners was fully considered By its Decision and Certification of Representa-
tives of November 24, 1944, the Board has heretofore disposed of any questions
presented by the above letters, and in this hearing no showing of new facts
concerning the letters has been made It is therefore found that the foregoing
letters are no bar to the obligation of the respondents to bargain collectively
with NABET as the representative of the platter turners.
Respondents ' defense to the charges of refusal to bargain with NABET is
bottomed on the claim that to do so would result in reprisals from the AFM
The Board and Courts have on many occasions , denied the validity of similar
urged defenses to charges of unfair labor practices 4 The paramount and plain
duty of the respondents in this situation was to obey the mandate of the Con-
gress as expressed in the National Labor Relations Act and to bargain with
NABET.
The undersigned finds that on January 6, 1945, and at all times thereafter,
the respondents , and each of them, refused to bargain collectively with NABET
as the exclusive representative of their respective employees in appropriate units
with respect to rates of pay, wages , hours of employment , and other conditions
of employment , and by such refusal interfered with, restrained, and coerced
their respective employees in the exercise of the rights guaranteed in Section 7
of the Act.
4 N L. R. B. v. Star Publishing Co., 97 F. ( 2d) 465 '( C C A. 9)
176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the respondents set forth in Section III, above, occurring in
connection with the operations of the respondents described in Section I, above,
have a close, intimate, and substantial relation to trade, traffic, and commerce
among the several States and tend to lead to labor disputes burdening and
obstructing commerce and the free flow of commerce.
V. THE REMEDY
Having found. that the respondents have engaged in unfair labor practices,
the undersigned will recommend that they cease and desist therefrom and to
take certain affirmative action designed to effectuate the policies of the Act. The
undersigned has found that the respondents have refused to bargain collectively
with NABET as the representative of the majority of the employees in the
appropriate units. The undersigned shall recommend, therefore, that the re-
^pondents, and each of them, upon request, bargain collectively with NABET.
Upon the basis of the above findings of fact and upon the entire record in the
ease, the undersigned makes the following:' '
CONCLUSIONS OF LAW
1. National Association of Broadcast Engineers and Technicians and American
Federation of Musicians, affiliated with the American Federation of Labor, are
labor organizations, within the meaning of Section 2 (5) of the Act.
2. All technical employees, wherever located, of the engineering department of
American Broadcasting Company, Inc., New York, New York, engaged in the
operation of technical facilities used in transmitting, converting and/or conduct-
ing audio, video, and/or radio frequencies for use in broadcast, rebroadcast,
audition, rehearsal, recording and/or "on the air" playback, excepting "on the
air" playback in Chicago, Illinois, but excluding chief engineer, operating engi-
neer and assistant, engineering managers, engineers in charge, operations super-
visors, television operations supervisors, station engineers at transmitters of more
than 5 kw., television station engineers, engineers in charge and their first assist-
ants in the following engineering groups: radio facilities, audio facilities, devel-
opment, and technical services; construction superintendents; engineer in charge
of television ; and all other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute, and at all times material herein
constituted, a unit appropriate-for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the Act.
3. All technical employees, wherever located, of the engineering department
of National Broadcasting Company, Inc., New York, New York, engaged in the
operation of technical facilities used in transmitting, converting and/or conduct-
ing audio, video, and/or radio frequencies for use in broadcast, rebroadcast, audi-
tion, rehearsal, recording and/or "on the air" playback, excepting "on the air"
playback in Chicago, Illinois, but excluding chief engineer, operating engineer
and assistant, engineering managers, engineers in charge, operations supervisors,
television operations supervisors, station engineers at transmitters of more than
5 kw., television station engineers, engineers, engineers in charge and their first
assistants in the following engineering groups : radio facilities, audio facilities,
development, and technical services; construction superintendents; engineer in
charge of television ; and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status of
NATIONAL BROADCASTING COMPANY, INC. 177
employees , or effectively recommend such action , constitute , and at all times
material herein constituted , a unit appropriate for the purposes of collective
bargaining , within the meaning of Section 9 ( b) of the Act.
4. National Association of Broadcast Engineers and Technicians was on
November 24, 1944, and at all times thereafter has been, the exclusive representa-
tive of all the employees in aforesaid units for the purposes of collective bargain-
ing, within the meaning of Section 9 (a) of the Act.
5. By refusing on January 6, 1945, and at all times thereafter , to bargain
collectively with National Association of Broadcast Engineers and Technicians,
as the exclusive representative of their respective employees in the appropriate
units, the respondents have, and each of them has , engaged and are engaging in
unfair labor practices , within the meaning of . Section 8 ( 5) of the Act.
6. By interfering with, restraining , and coercing their respective employees
in the exercise of the rights guaranteed in Section 7 of the Act , the respondents
have, and each of them has, engaged in and are engaging in unfair labor prac-
tices, within the meaning of Section 8 (1) of the Act.
7. The aforesaid unfair labor practices are unfair labor practices affecting
commerce , within the meaning of Section 2 ( 6) and ( 7) of the Act.
RECOMMENDATIONS
Upon the basis of the above findings of fact and conclusions of law, the un-
dersigned recommends that the respondents , National Broadcasting Company,
Inc., and American Broadcasting Company, Inc ., both of New York, New York,
their respective officers, agents , successors , and assigns shall:
1. Cease and desist from:
(a) Refusing to bargain collectively with National Association of Engineers
and Technicians as the exclusive representative of their respective employees
in the units heretofore found appropriate , with respect to rates of pay, wages,
hours of employment , and other conditions of employment.
2. Take the following affirmative actions which the undersigned finds will
effectuate the policies of the Act :
(a) National Broadcasting Company, Inc., shall , upon request , bargain col-
lectively with National Association of Engineers and Technicians as the ex-
clusive representative of all technical employees , wherever located, of the engi-
neering department of National Broadcasting Company, Inc ., engaged in the
operation of technical facilities used in transmitting , converting and/or conduct-
ing audio , video, and/or radio frequencies for use in broadcast , rebroadcast,
audition , rehearsal , recording and/or "on the air" playback , excepting "on the
air" playback in Chicago , Illinois , but excluding chief engineer , operating en-
gineer . and assistant , engineering managers , engineers in charge , operations'
supervisors , television operations supervisors, station engineers at transmitters
of more than 5 kw., television station engineers , engineers in charge and their
first assistants in the following engineering groups,: radio facilities, audio
facilities , development , and technical services ; construction superintendents ;
engineer in charge of television ; and all other supervisory employees with au-
thority to hire, promote, discharge , discipline , or otherwise effect changes in the
status of employees , or effectively recommend such action, in respect to rates
of pay, wages , hours of employment , and other conditions of employment :
(b) American Broadcasting Company, Inc . shall, upon request, bargain col-
lectively with National Association of Engineers and Technicians as the ex-
clusive representative of all technical employees , wherever located, of the
engineering department of American Broadcasting Company, Inc., engaged in
178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the operation of technical facilities used in transmitting, converting and/or
conducting audio, video, and/or radio frequencies for use in broadcast, re-
broadcast, audition, rehearsal, recording and/or "on the air" playback, ex-
cepting "on the air" playback in Chicago, Illinois, but excluding chief engineer,
operating engineer and assistant, engineering managers, engineers in charge,
operations supervisors, television operations I supervisors, station engineers at
transmitters of more than 5 kw., television station engineers, engineers in
charge and their first assistants in the following engineering groups: radio
facilities, audio facilities, development, and technical services; construction
superintendents ; engineer in charge of television ; and all other supervisory
employees with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend such action,
in respect to rates of pay, wages, hours of employment, and other conditions
of employment ;
(c) National Broadcasting Company, Inc. shall post in its studios at New
York, New York ; Chicago, Illinois ; Washington, D. C.; Cleveland, Ohio ; Den-
ver, Colorado ; and San Francisco, California, copies of the notice attached hereto,
marked "Appendix, A'•' Copies of said notice, to be furnished by the Regional
Director for the Second Region, shall, after being duly signed by a representative
of National Broadcasting Company, Inc, be posted by National Broadcasting
Company, Inc. immediately upon receipt thereof, and maintained by it for sixty
(60) consecutive days thereafter, in conspicuous places, including all places
where notices to employees are customarily posted Reasonable steps shall be
taken by National Broadcasting Company, Inc. to insure that said notices are not
altered, defaced, or covered by any other material.
(d) American Broadcasting Company, Inc. shall post in its studios at New
York, New York ; Chicago, Illinois ; San Francisco, California ; and Los Angeles,
California copies of the notice attached hereto, marked "Appendix B" Copies
of said notice, to be furnished by the Regional Director for the Second Region,
shall, after being duly sighed by a representative of American Broadcasting
Company, Inc, be posted by American Broadcasting Company, Inc. immediately
upon receipt thereof, and maintained by it for sixty (60) consecutive days there-
after, in conspicuous places, including all places where notices to employees are
customarily posted. Reasonable steps shall be taken by National Broadcasting
Company, Inc. to insure that said notices are not altered, defaced, or covered by
any other material.
(e) Notify the Regional Director for the Second Region in writing within
ten (10) days from the date of the receipt of this Intermediate Report what
steps the respondents have taken to comply therewith.
It is further recommended that unless on or before ten (10) days from the_
date of the receipt of this Intermediate Report, the respondents notify said
Regional Director in writing that they will comply with the foregoing recom-
mendations, the National Labor Relations Board issue an order requiring the
respondents to take the action aforesaid.
As provided in Section 33 of Article II of the Rules and Regulations of the
National Labor Relations Board, Series 3, as amended, effective November 26,
1943, any party or counsel for the Board may within fifteen (15) days from the
date of the entry of the order transferring the case to the Board, pursuant to
Section 32 of Article II of said Rules and Regulations, file with the Board,
Rochambeau Building, Washington, D. C., an original and four copies of a
statement in writing setting forth such exceptions to the Intermediate Report
or to any other part of the record or proceeding (including rulings upon all
motions or objections) as he relies upon together with the original and four
I
NATIONAL BROADCASTING COMPANY, INC . 179
copies of a brief in support thereof. Immediately upon the filing of such state-
ment of exceptions and/or brief, the party or counsel for the Board filing the
same shall serve a copy thereof upon each of the other parties and shall file a
copy with the Regional Director. As further provided in said Section 33, should
any party desire permission to argue orally before the Board request therefor
must be made in writing to the Board within ten (10) days from the date of the
order transferring the case to the Board.
HOWARD MYERS,
Trial Examiner.
Dated February 3, 1945.
NLRB 582
(9-1-44)
APPENDIX A
NOTICE To ALL EMPLOYEES
Pursuant to the recommendations of a trial examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
We will not in any manner interfere with, restrain, or coerce our employees in
the exercise of their right to self-organization, to form labor organizations, to
join or assist National Association of Broadcast Engineers and Technicians or
any other labor organization, to bargain collectively through representatives of
their. own choosing, and to engage in concerted activities for the purpose of collec-
tive bargaining or other mutual aid or protection. All our employees are free to
become or remain members of this union. or any other labor organization
We will bargain collectively upon request with the above-named union as the
exclusive representative of all employees in the bargaining unit described herein
with respect to rates of pay, hours of employment or other conditions of employ-
ment, and if an understanding is reached, embody such understanding in a signed
agreement. The bargaining unit is:
All technical employees,, wherever located, of the Engineering Department of
National Broadcasting Company, Inc engaged in the operation of technical facili-
ties 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, excepting "on the air" playback in Chicago, Illinois,
but excluding chief engineer, operating engineer and assistant, engineering man-
agers, engineers in charge, operations supervisors, television operations supervi-
sors, station engineers at transmitters of more than 5 kw., television station engi-
neers, engineers in charge and their first assistants in the following engineering
groups : radio facilities, audio facilities, development, and technical services ;
construction superintendents; engineer in charge of television; and all other
supervisory employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recommend
such action.
------------------------------------
(Employer)
Dated -------- ------------ By ------------ -----------------
(Representative) (Title)
This notice roust remain posted for 60 days from the date hereof, and must not
be altered, defaced, or covered by any other material.
180
NLRB 582
(9-1-44)
APPENDIX B
No'icE To ALL EMPLOYEES -
Pursuant to the recommendations of a trial examiner of the National Labor
Relations Board, and ' in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
We will not in any manner interfere with, restrain , or coerce our employees
in the exercise of their right to self-organization , to form labor organizations, to
join or assist National Association of Broadcast Engineers and Technicians,
or any other labor organization , to bargain collectively through representatives
of their own choosing , and to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection . All our employees are
free to become or remain members of this union , or any other labor organization. I
We will bargain collectively upon request with the above -named union as the
exclusive representative of all employees in the bargaining unit described herein
with respect to rates of pay, hours of employment or other conditions of employ-
ment, and if an understanding is reached , embody such understanding in a signed
agreement . The bargaining unit is:
All technical employees , wherever located, of the Engineering Department of
American Broadcasting Company, Inc . engaged in the operation of technical
facilities 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 , excepting "on the air" playback in Chicago , Illinois,
but excluding chief engineer , operating engineer and assistant , engineering man-
agers, engineers in charge , operations supervisors , television operations super-
visors, station engineers at transmitters of more than 5 kw., television station
engineers , engineers in charge and their first assistants in the following engi-
neering group : radio facilities , audio facilities, development , and technical serv-
ices ; construction superintendents ; engineer in charge of television ; and all other
supervisory employees with authority to hire, promote , discharge , discipline, or
otherwise effect changes in the status of employees , or effectively recommend
such action.
Dated --------------------
This notice must remain
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
------------------------------------
(Employer)
By ------------------------------------
(Representative ) ( Title)
posted for 60 days from the date hereof , and must
not be altered , defaced , or covered by any other material.