National Broadcasting Co., Inc.

National Labor Relations Board - Board Decisions

May 11, 1950

89 N.L.R.B. 1289 (N.L.R.B. 1950)

In the Matter of NATIONAL BROADCASTING COMPANY, INC.,' EMPLOYER
and NATIONAL ASSOCIATION OF BROADCAST ENGINEERS AND TECHNI-
CIANS,2 PETITIONER
In the Matter of AMERICAN BROADCASTING COMPANY, INC.,3 EMPLOYER
and NATIONAL ASSOCIATION OF BROADCAST ENGINEERS AND TECHNI-
CIANS, PETITIONER
Cases Nos. 2-RC-660 and 2-RC-950.-Decided May 11, 1950
DECISION
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly filed, hearings in Case No. 2-RC-660
were held 'in New York City, and Chicago, Illinois, before Chester L.
Migden, hearing officer, and hearings in Case No. 2-RC-950 were held
in New York City, and Chicago, Illinois, before the same hearing of-
ficer and in Los Angeles, California, before Jack R. Berger, hearing
officer. The hearing officers' rulings made at the hearings are free
from prejudicial error and are hereby affirmed.' On January 6, 1950,
I Herein called NBC.
2 Herein called NABET.
3 Herein called ABC.
* The hearing officer properly permitted intervention in Case No . 2-RC-660 by Inter-
national Alliance of Theatrical Stage Employees and Moving Picture Machine Operators
of the United States and Canada , AFL, herein called IATSE, by Theatrical Protective
Union No. 1 , IATSE, herein called Local No. 1, and by Theatrical Protective Union No. 2,
IATSE, herein called Local No. 2. The hearing officer in Case No . 2-RC-950 also properly
permitted intervention of IATSE, Local No. 1, Local No. 2, and by Theatrical Protective
Union No. 33 , IATSE, herein called Local No. 33 . The Intervenors are sometimes herein
referred to collectively as IATSE.
The hearing officer reserved for ruling by the Board the motion by IATSE and Local
No. 1 in Case No. 2-RC-660 to dismiss the petition on the ground that the unit position
taken by the Petitioner at the hearing substantially varied from the request stated in the
petition , and that such variance raised new issues which these parties were not prepared
to meet. This motion is hereby denied , as we find that the Petitioner 's positions both
in the petition and at the hearing are substantially consistent . Moreover the hearing in
this case was adjourned on January 26, 1949, the date on which the foregoing motion
was made, and was reconvened on March 15 , 1949. During this interim the parties had
adequate opportunity to meet the issues raised by the Petitioner ' s alleged shift of position.
During the hearings in Case No . 2-RC-660 (NBC) IATSE made an offer of proof to
show that the unit now represented by NABET includes supervisors and that the employees
herein involved cannot therefore appropriately be added to such unit . Memoranda' in
89 NLRB 165.
1289
1290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
these cases were consolidated by the Board, and on February 21,'1950,
the Board heard oral argument at which all parties to these proceed-
ings appeared- and presented argument.
Upon the entire record in this case, the Board finds :
1. The Employers are each engaged in commerce within the mean-
ing of the National Labor Relations Act.
2. The labor organizations involved claim to represent employees
of the Employer.
3. Questions affecting commerce exist concerning the representation
of certain employees of the Employers within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. In 1944 NABET was certified as bargaining representative of
system-wide units of radio and television technical employees in the
engineering departments of NBC and Blue Network, Inc., predecessor
to ABC.5 The instant petitions request clarification of these certi-
fications by specifically including, all employees who perform tele-
vision lighting functions.6 As an alternative, if the Board finds that
not, all such employees were then included, the petitions request that
the Board now find that all lighting employees do appropriately
belong in these units.'
IATSE and its intervening locals contend that these employees
were neither included 8 nor now belong in NABET's units. They
support of and in opposition to the offer were submitted by IATSE and NABET. The
hearing officer rejected the offer and IATSE thereupon appealed from this ruling to the
Board before the close of the hearings . Upon this interlocutory appeal the Board fully
considered all the circumstances presented by this matter and the memoranda of the
parties , and sustained the ruling by the hearing officer. IATSE In its brief now assigns
the Board 's ruling as error. As the arguments presented in the brief are substantially
the same as those previously considered by the Board , we shall affirm our earlier ruling.
"National Broadcasting Company , Inc. and Blue Network, Inc ., 59 NLRB 478. The
unit for which NABET was certified in the case of each Employer , is as follows : "all tech-
nical employees , wherever located , of the Engineering Department of [each Employer]
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 , and/or 'on the air' playback . . . Supervisors were specifically
excluded . It is noted that although these units included employees performing video
operations , Blue Network , Inc. (now ABC ) was not then engaged in television operations
either experimentally or commercially.
6 In these proceedings employees who direct lighting are called light direction engineers ;
employees represented by NABET who handle lights are called lighting engineers ; similar
employees represented by IATSE locals who handle lights are called stage electricians.
' NABET, in Case No. 2-RC-950 (ABC) does not desire to include employees at Station
WXYZ, Detroit , as these employees are bargained for by the IBEW in a unit certified
pursuant to a Board election in 1947. King Treadle Broadcasting Corporation, and
American Broadcasting Company, Inc., 74 NLRB 926.
8 The -only , issue . in- the earlier NBC and Blue ' Network - case. (see, footnote 5, supra)
concerned the unit placement of turntable operators-whether they should be included
in.system -wide units of NABET technical employees or station -wide units of musicians.
There appears to be nothing in this case , apart from the unit descriptions themselves,
which would indicate whether lighting employees were intended to be included in the
NABET units.
NATIONAL BROADCASTING COMPANY, INC. 1291
assert that they do not belong either in system-wide units, or in any
units of technical employees, but that they should be included in
individual station-wide units together with stage carpenters and stage
property men. Local No. 1 claims to represent units of stage elec-
tricians, stage carpenters, and stage property men at the NBC and
ABC television stations in New York City and has requested elections
limited to these units.9 Local No. 2 claims to represent such units
at the NBC and ABC television stations' in Chicago and has requested
an election limited to the unit at the NBC station only. Local No. 33
claims to represent such a unit at the ABC television station in Los
Angeles, but has not requested an election.
Both NABET and IATSE contend that the history of bargaining
with each employer supports their positions.
NBC and ABC take no position as to any of these contentions.
History of Bargaining
Bargaining between NBC and NABET
From 1933 to the present, NBC has bargained with the Association
of Technical Employees (herein called ATE) and its successor,
NABET, for a system-wide unit of technical employees in the NBC
engineering department as set forth in the 1944 NABET certification,
supra. Until 1941, NBC was engaged only in experimental television
operations, for which it utilized the services of the radio engineers
in the NABET (then ATE) unit. None of the contracts before 1940
included any television employee classifications. The 1940 contract
with ATE, for the first time, contained a list of technical television
classifications including employees who "assist in lighting operations."
The contract also provided that :
No NBC technical equipment shall be operated by any person
other than technical employees of NBC, as hereinbefore defined.
Technical equipment for the purpose of this contract shall be
defined as those facilities of the Engineering Department of NBC
used in transmitting, converting, and/or conducting audio, video
9 At the close of the hearings in Case No . 2-RC-660 ( NBC) Local No. 1 and Local No. 2
filed oral petitions with the hearing officer requesting elections in units at stations WNBT
(New York ) and WNBQ ( Chicago), respectively , consisting of stage carpenters, stage
property men, stage electricians , and any other employees directing the operation , setting,
handling , movement , placement , maintenance and repair of lights , lighting equipment and
lighting effects.
Notwithstanding its request in Case No . 2-RC-950 (ABC) for an election at Station
WJZ, New York , Local No . 1 has also asserted its current contract With ABC as a bar to
NABET's petition . Local No. 1 , however, did not again raise this question at the oral
argument although it expressly reiterated its desire for an election . We, shall assume,
therefore , that Local No. 1 has abandoned its contract bar contention and wishes to proceed
to an election.
1292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and/or radio frequencies for use in broadcast, rebroadcast, audi-
tion, rehearsal, recording and/or on the air playback.
NBC began commercial television broadcasts at station WNBT, New
York, in 1941.
The 1941 contract with NABET eliminated the classification " assist
in lighting" but added three new television lighting classifications.
These were "assist in lighting operation in the field," "light direction
engineer," and "lighting engineer." The contract further provided
that no NBC technical equipment other than lighting should be oper-
ated by any person other than a technical employee of NBC. These
provisions of the 1941 contract were included in the succeeding con-
tracts dated June 1943 and September 1945. In the next contract,
dated May 1947 with an expiration date of May 1949, the classification
"lighting engineer" was eliminated, but "light direction engineer" was
retained. In addition the contract reverted to the provision of the
1940 contract which stipulated that all technical equipment should be
operated only by technical employees of the engineering department.
Bargaining between NBC and IATSE
IATSE, Local No. 1, has been in a continuous contractual relation-
ship with NBC television from May 1941 to the present. During
this entire period all its contracts have contained identical provisions
limiting their coverage to stage electricians, stage carpenters, and
stage property men employed by NBC in its New York City television
operations. These contracts have also contained a jurisdictional
clause defining the scope of the duties of stage electricians, as follows :
The jurisdiction of stage, electricians covers the maintenance,
repair, placement and operation of spot lights and other lighting
devices used to light the set in connection with such television
performances.
These contracts also reserved to NBC the right to interchange the
electricians, carpenters, and property men in their duties.
IATSE has had no other written television contracts with NBC.
It bargains with NBC elsewhere only in Chicago where IATSE,
Local No. 2, has an oral agreement with Station WNBQ which follows
the foregoing terms of the New York contracts.
Bargaining between, ABC and NABET
NABET has had successive bargaining contracts with ABC and
its predecessor , Blue Network Company,10 since 1942. These con-
"The Blue Network was originally organized in 1927 by NBC as part of its AM radio
operations. In 1942 Blue Network was separated-from NBC and established as a separate
corporation. NABET's predecessor, ATE, had bargained with NBC for all engineering
employees in its networks including Blue Network employees.
NATIONAL BROADCASTING COMPANY, INC. 1293
tracts cover engineering department technical employees. Its most
recent contract runs from May 1, 1949, to April 30, 1950. This con-
tract contains several television employee classifications, including
."light direction engineers," and "assistants, who assist with lighting
-operation in field."
Although ABC was not engaged in television operations either
experimentally or commercially until May 1948, all the NABET con-
tracts before then contained television employee classifications. In
addition, the contracts which preceded the May ' 1947 contract pro-
vided for the exclusive handling of technical equipment "other than
television lighting" by technical employees.
Bargaining between ABC and IATSE
IATSE, Local No. 1, has bargained with ABC television for its
New York City Station WJZ since May 1948. The current contract
runs from September 1, 1948, to August 31, 1950, and covers the
,employment of stage electricians, stage carpenters, and stage property
men. The contract provides for the interchangeability of these em-
ployees, and gives the stage electricians jurisdiction over the main-
tenance, repair, placement, and operation of lighting equipment used
to light television studio sets.
IATSE, Local No. 2, bargained with ABC television Station
WENR, Chicago, from about August 1, 1948, to July 29, 1949, when
:a written contract was executed which runs to July 29, 1950. This
contract provides for the employment of stage electricians, stage car-
penters, and stage property men in three-man crews with interchange-
ability of duties. ABC began commercial television operations at
WENR on September 17, 1948.
IATSE, Local No. 33, bargains with ABC Television Station
KECA, Los Angeles, under the foregoing terms of the New York and
Chicago written agreements.
The NBC and ABC National Organizations
NBC owns and operates five television stations. These are WNBT,
New York, WNBQ, Chicago, WNBW, Washington, D. C., WNVK,
Cleveland, and KNBH, Los Angeles. ABC also owns and operates
five television stations including WJZ, New York, WENR, Chicago,
WXYZ,11 Detroit, KECA, Los Angeles, and KGO, San Francisco. A
coaxial cable which stretches from New York to the Mississippi River
11 Station wXYZ is owned by WXYZ, Inc., formerly King Trendle Broadcasting Corpo-
ration, a wholly owned subsidiary of ABC. It was stipulated that for the purposes of this
proceeding this station should be regarded as a directly owned and operated station.
1294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
connects all stations of each employer except those on the West Coast..
Programs originating at one of the directly connected stations may
be put on the air locally or for network transmission. Many of these
programs are recorded on film and are shipped to California for trans-
mission there. California programs are likewise recorded and shipped
to the eastern stations for transmission. Most of the major tele-
vision network programs are produced in the New York City studios
of each employer.
The national administrative organization for both NBC and ABC'
consists of integrated structures with control exercised by top execu-
tive officers in the New York City home offices of each employer. A
hierarchy of officials with diminishing degrees of responsibility be-
gins in each case with a chairman and board of directors and runs.
down through administrative vice presidents, operational directors,.
divisional vice presidents, station managers, and operating heads at
the station level. Although most policies for each organization are
formulated and coordinated by its New York offices, there is certain
autonomy which may be exercised at the station level. Thus station
budgets are fixed in New York, but station officials have discretion-
ary spending power within budget limits. Although uniform per-
sonnel policies and records are centralized in the New York offices,.
employees at the several stations are hired, promoted, and discharged
locally, generally upon confirmation from New York. Except for the
engineering department employees of NBC and ABC, who are bar-
gained for on a system-wide basis, all other employees are bargained
for on a station-wide or regional basis.12 There has been some
transfer of engineering employees and technical equipment between
stations 13 There is no evidence of interchange ' of other television.
employees between stations.
NBC station departmental organization and operations
Television shows at each station are produced and put on the air
by engineering and program department employees. Essentially, the
engineering department is responsible for the operation and mainte-
nance of the electronic television equipment. The, program depart-
ment is responsible for those operations usually associated with
12 Whereas salaries and conditions of employment for engineering department employees'
at all NBC and ABC stations are uniform under the respective NABET contracts, wages
for stage electricians , which are negotiated locally, vary at the several stations of each.
Employer.
'3 Occasions for such transfer in NBC were the national party conventions in Phila-
delphia, election night in New York City, and the presidential inauguration in Washington..
All NBC stations have also temporarily transferred engineering employees to New York.
for training..
NATIONAL BROADCASTING COMPANY, INC. 1295
showmanship, including acting, direction, rehearsal, set building,
costuming, make-up and the like. Except for the disputed lighting
employees, the employees in both departments constitute clearly
identifiable groups set off by functional differences, and by separate
lines of authority and administration. However, despite elements of
separateness, engineering and program employees engaged in studio
operations work together on a high level of personal contact and
teamwork.
The usual engineering complement assigned to a studio television
show is headed by a technical director and includes a video control
engineer, three video camera engineers, three audio engineers, and
one or more NABET lighting engineers.14 At WNBT, New York,
and at WNBQ, Chicago, there are also IATSE stage electricians
who work with the engineering employees under special arrange-
ments discussed below. At WNBT these stage electricians are in
the engineering department. At WNBQ they are in the program
department.
The program employees assigned to a show are headed by a pro-
gram director and include a stage manager, stage carpenters, stage
property men, scenic artists, costumers, make-up men, and, at WNBQ,
Chicago, stage electricians.
The program director secures the script and cast, selects the set,
properties, colors, costumes, and make-up, judges the quality of voices,
determines the desired lighting effects, and rehearses the cast. His
authority as to the form or content of the show is paramount. While
he relies heavily on the advice of the technical director on technical
matters, the program director's decision is nevertheless final on any
matter within his field.
14 The technical director sits in the studio control booth where he views the monitors
(these are comparable to conventional television receiving sets and show the pictures that
are received by the video cameras). He also views the set and issues instructions to the
engineering employees in the studio. Most of these employees, including light direction
engineers, are connected to the booth by head set.
Light impulses, received from the set are converted by the video cameras into electrical
impulses which are then conducted to the studio control booth. There the video control
engineer mixes the output of the several cameras and, by various techniques, compensates
for deficiencies in lighting intensity to produce the best possible picture before the elec-
trical impulses are sent to the master control room' located outside the studio. He is
equipped with certain technical devices which enable him to determine where and in what
respect lighting for the set is inadequate, and is in a position to advise the technical
directors regarding desired lighting changes.
The audio engineers install and operate the microphones on the set. Sound impulses
picked up by these microphones are conducted to the control booth where an audio engi-
neer aided by technical equipment mixes and blends these impulses before they are con-
ducted to the master control room. Both the light and sound impulses are conducted from
the master control room to the transmitter which sends them out on the air. Members
of the engineering department also operate and maintain the highly specialized equipment
used it these latter points.
1296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The program director sits in the control booth beside the technical
director, where both view the monitors and the set. From this point
they judge the merits and shortcomings of the show in rehearsal or
on the air. The program director's representative on the studio
floor and set is the stage manager, who is connected to the control
booth by head set or portable radio. He receives instructions from
the program director as to any desired changes, except lighting, and
sees that they are carried out by the program employees.
NBC lighting procedures
Simple shows, like a newscast or quiz program without dramatic
effects, merely require routine lighting which follows a standard
pattern calling for no ingenuity and little discretion. This opera-
tion is usually carried out by the light direction engineer, without
any participation by the program director. Actually an experienced
stage electrician who is familiar with the lighting for such a show
can set up the lights without instructions.15 All that is involved is
a knowledge of the standard minimum and maximum intensity levels
which are required by the camera tubes. Generally, any quantity
of light between these levels will furnish a. suitable television picture.
The lights are selected, placed in proper position to illuminate the
set, and are lighted. The light direction engineer measures the light
intensity with a light meter and checks the monitor to see whether the
picture obtained is suitable. He may also confer with the video con-
trol engineer and technical director in the control booth to ascertain
whether any adjustments are necessary.
Major shows, like a dramatic or variety program, call for elaborate
lighting plans. These are made in the prerehearsal stage, as it is
necessary to blend the action, the color of the sets, costumes, and
make-up, and the personal characteristics of the performers. Special
lighting effects must be procured or improvised to create the moods
and atmosphere suggested by the script. Sometimes paper plans or
blueprints are prepared which set out the exact location of the lights
and the type of light to be used. The program director is the central
15 Television lighting equipment in almost all respects is identical to lighting equipment
used in motion picture and photography studios and on the theatrical stage. The same
methods for rigging , fastening , and manipulating lights are used. Special lighting effects
such as a flickering fireplace or moonbeams likewise are obtained through the use of stand-
ard theatrical lighting equipment or by improvisation , just as it is done on the stage or in
motion pictures.
An exception to the identity of, lighting equipment is the "Eddy fixture," designed by
NBC for use in its television studios. Not all NBC studios, however , are equipped with
this fixture which is only a contrivance to facilitate the placement and manipulation of
overhead lights. The lamps which are attached to it are the standard types used on the
stage and in motion picture studios.
NATIONAL BROADCASTING COMPANY, INC. 1297
figure in these procedures. Having worked out the program he con-
sults the technical director, who advises whether the projected plans
can be 'effectively attained within the limits of the television electronic
equipment. The program director sometimes makes changes in the
plan on the advice of the technical director.
Just before the start of rehearsals the set is lighted according to
plan. During rehearsal, lighting changes are frequently made. In-
structions from the program director are channeled to the lighting
engineers or to the stage electricians according to a special "lighting
protocol" 16 in effect at NBC. During rehearsal the light direction
engineer measures light intensity with a light meter, checks the picture
monitor, and confers with the video control engineer and the technical
director. Because the sensitivity of the camera tubes fluctuates from
clay to day, this procedure must invariably be followed by the light
direction engineer, even for shows with simple lighting.
Programs which originate outside a studio, like the fights at Madi-
son Square Garden or a sidewalk interview from the marquee of a
theatre, are called field or remote broadcasts. Lighting for these pro-
grains is essentially a matter of using the existing facilities. The
lights may already be turned on when the television personnel arrive.
Either lighting engineers or stage electricians, as the case may be,
are assigned to these programs.
Division of work between NABET and IATSE
lighting employees in NBC
All lighting functions are performed exclusively by NABET engi-
neers at WNBW, Washington, WNVK, Cleveland; and KNBH, Los
Angeles. IATSE stage electricians are not employed at these sta-
tions. The only NBC stations employing stage electricians are
WNBT, New York, and WNBQ, Chicago, which operate under the
following arrangements :
Programs at WNBT, New York, originate from several studios in
New York City; located at Radio City, 106th Street; and the Interna-
tional Theatre. At Radio City, NABET engineers and IATSE stage
electricians both perform lighting operations under a compromise
between the unions and NBC in existence since 1941. The first em-
36 No member of the program department , including the program director and stage
manager, may issue any instruction or order directly to a lighting employee, whether
NABET or TATSE. When the program director desires a lighting change he conveys this
information to the technical director of the engineering department, who himself com-
municates with the light direction engineer . He in turn sees that the change is carried
out by a lighting engineer or stage electrician. This protocol has been established for all
NBC television studios.
1298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployee assigned to lighting must be a NABET engineer and the next
IATSE, and so on. Of this group, one of the NABET engineers
acts as light direction engineer. The others, NABET and IATSE,
jointly move and place lights under his direction. Maintenance and
repair of lighting equipment is performed by NABET engineers and
IATSE stage electricians.
At the 106th Street Studios and at the International Theatre, the
unions have agreed with NBC to the following compromise, during
the pendency of this proceeding, for both locations. A NABET light
direction engineer is assigned to each show, who is permitted only to
issue instructions. Only IATSE stage electricians, pursuant to these
instructions, may move and place lights.
The arrangement at WNBQ, Chicago, is similar to that last de-
scribed. The record contains no information, however, as to whether
this is temporary or permanent.
ABC Station Departmental Organization and Operations
ABC television shows also rely on the services of separate engineer-
ing and program departments. The types of employees, their respon-
sibilities, and the operating procedures of both departments are com-
parable to those of the departments at NBC.
ABC engineering and program departments, however, are distin-
guished from these departments at NBC by the following differences:
ABC has allocated the lighting function to the program department;
thus stage electricians at all ABC stations are in the program depart-
ment and receive their instructions directly from members of that de-
partment. ABC employs no light direction engineers 17 or other em-
ployees who perform the function of this classification as at NBC.
The moving and placing of lights at all ABC stations, except KGO,18
San Francisco, is the function solely of stage electricians; no engineer-
ing department employees, such as the lighting engineers at NBC, are
assigned to perform these duties. There are, moreover, no compro-
" ABC formerly employed two light direction engineers who performed the duties of
this classification on programs produced at a studio in Radio City. When ABC ceased
its broadcasts from this studio it terminated the duties of these employees , who now
perform other duties in the engineering department.
18 There are very few "live" television programs at this station, and there are no programs
which require elaborate lighting equipment or procedures comparable to those at the other
ABC stations. Lighting operations at KGO are generally performed by engineering em-
ployees as part of their regular duties and no stage electricians are presently employed.
IATSE makes no claim as to any employees at this station.
NAT'IONAL1BROADCASTING COMPANY, INC. 1299
mises in effect at ABC regarding the division of lighting work between
NABET and IATSE members as at NBC.
Lighting procedures at ABC closely resemble NBC procedures.12
Lighting is the product of the joint efforts of both engineering and
program employees. Each group is dependent on the other for the
efficient performance of its own duties. The skills and processes of
the two groups are, however, distinguishable. Engineers work with
electronic equipment and employ technical engineering skills. The
activities of the program employees are typical of theatrical showman-
ship and involve no engineering skills or knowledge.
Duties of the lighting employees
A member of the NBC engineering department is assigned to every
television show as a light direction engineer. In this capacity, his
main function is to see that the lighting plan established during the
rehearsal stages is carried out while the show is on the air. Instruc-
tions are issued through 'him to the employees engaged in actual
operation of the lights .20 These instructions may in the first instance
come from the program director or the technical director, but must be
via -the latter. As noted above, the light direction engineer must fre-
quently check for fluctuations in the sensitivity of the camera tubes
which occur at unpredictable intervals. This he does by measuring
light.intensity on the. set with a light meter and by consulting with the
video control. engineer.. For this purpose he may himself inspect the
monitors in the control booth, or the monitor installed on the studio
floor for a major show. (Stage electricians at all NBC studios are
"There are, however , some minor differences in the procedures at ABC. For example,
the record discloses that at ABC stations a scenic designer of the program department
formulates a design for the set including the lighting. The program director then goes
over the plan with the scenic designer and the technical director of the engineering de-
partment who may suggest changes in the lighting which lie believes are necessary because
of limitations in the electronic equipment. As at NBC, the program director has authority
to reject these suggestions even over the technical director's insistence that the lighting
will produce an inadequate picture. At ABC the handling and manipulation of the lights
are performed by stage electricians who receive instructions from the program director via
the floor manager of the program department who is stationed near the set. Once the
lighting plan has been finally established , the stage electrician usually sets up the lights
on recurring shows by himself without further instructions.
20 In connection with its contention that the NABET unit of NBC engineering employees,
contains supervisors . ( see footnote 4 supra ) IATSE argues in its brief , in Case No..
2-RC-650 (NBC), that light direction engineers are supervisors . There . is no evidence
in the record indicating that they hire , discharge , or make any recommendations affecting
the status of any other employees. In effect, IATSE asserts that they are supervisors
becauserthey "responsibly direct" the work of other employees. We.find, however, that
such direction as they give to other employees involves little initiative or discretion, and
that they do not , according to our usual standards, appear to be supervisors . Delaware
Broadcasting Company, .82 NLRB 727 ; Leopold Adler Company, 82 NLRB 4.82; cf.
Ohio Power Co. v. N. L. R. B. (C'. A. 6), 176 F. 2d 385 (cert. den.).
889227-51-vol. 89-83
1300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
forbidden to use a light meter or to inspect a monitor in connection
with their duties.) The light direction engineer also recommends
lighting changes to the technical director but does not make them-on
his own initiative.
Both the lighting engineers and the stage electricians rig or hang
lights from gridirons or other structures installed in the studio, and
direct these lights at proper angles to illuminate the set. They insert
and change bulbs when necessary. They turn lights on and off by
means of switches, push buttons, or by pulling plugs from the walls,
repair and maintain electrical equipment, track down lighting failures,
repair short circuits, and do wiring. They also operate, maintain,
and repair dimmer boards and switch boxes.
Qualifications and interchange of television engineers
NBC requires that its engineering department employees have a
theoretical or practical knowledge of electronics, and prefers to hire
college graduates with degrees in electrical engineering or related tech-
nical fields. These employees receive formal instruction in New York
City in several television engineering jobs, including lighting. They
are also given on-the-job training, including duty as light direction
engineers and lighting engineers. The NBC engineers frequently
interchange duties. While it is exceptional for an engineer to be
skilled in all engineering jobs, they are all qualified to perform several
operations of which lighting is only one. Studio engineers at various
times are assigned to cameras, microphone booms, video control, audio
control, and lighting. Although a few engineers spend most of their
time performing duties either as light direction engineer or as lighting
engineer, this is not the rule for the majority. Generally, they are
assigned to these duties at each studio for only a few hours each week
and spend the rest of their time at other engineering duties.21
ABC requires that its engineering department employees have tele-
vision engineering experience or technical training at a television
21 Apart from seven light direction engineers at WNBT, New York, and one light direc-
tion engineer at WNBQ, Chicago, there appear to be no other NBC engineering employees
who are regularly assigned to lighting duties on a full-time basis. The record indicates
that most of these light direction engineers are qualified for several engineering duties
which they perform on a limited basis. Surveys prepared by NBC covering periods of
1 to 4 weeks in January, February, and March 1949, show that engineering employees
performing lighting duties at all NBC stations for the most part spend less than ' 50 percent
of their time at such duties . With the exception of the foregoing light direction engineers,
there were only two engineers at KNBH , Los Angeles , and one engineer at WNBW,.
Washington, who during a 4-week period covered by one of the surveys spent most of their
time at lighting duties. The NBC assistant director of television engineering operations,
moreover, testified that it is not the policy of NBC to assign engineers to lighting duties:
on a full -time basis for more than a few months.
NATIONAL BROADCASTING COMPANY, INC. 1301
school. They need not have college degrees although many of the en-
gineers, in fact, are graduates of technical colleges. ABC has no
training program for its engineers and they receive no instructions
in television lighting.
Qualifications and interchange of program employees
Stage electricians have experience in lighting theatre stage, motion
picture studios, opera, night club, and other stages where entertain-
ment is furnished. In all these places, except the legitimate theatre,
they are hired as members of three-man crews, including a stage car-
penter and stage property man. The custom wherever these crews
are hired, is for all members to interchange in the performance of their
duties .22 Usually, each crew member is more proficient in one duty
than in others, but capable of performing all duties. As noted above,
this interchange feature is embodied in all the written and oral con-
tracts between the Employers and the IATSE locals. Pursuant to
these agreements the stage electricians at both NBC and ABC fre-
quently interchange duties with stage carpenters and stage property
men. They never interchange with engineering employees.
The record conclusively establishes that the experience of stage
electricians in other fields is readily transferrable to the television
studio. No more than 2 weeks orientation in the routine of studio
lighting is required to enable an experienced stage electrician to per-
form efficiently in a television studio. Neither NBC nor ABC re-
quires them to have a college education or engineering experience, or
a knowledge of the technical language of electronics.
Practice in the industry
IATSE, Local No. 1, in addition to its contracts with NBC and
ABC, has bargaining contracts with the following television broad-
casters in New York City : CBS, WABD (Dumont), WPIX, and the
Bamberger Broadcasting Service, Inc. IATSE, Local No. 1 also
has contracts with NBC, CBS, ABC, WOR, and Mutual Broadcasting
System involving radio programs by these broadcasters in New York
City from theatres to which audiences are admitted and where "live"
programs are presented from stages. All these contracts provide for
the hiring of stage electricians as part of three-man crews who inter-
22 At WNBT, New York, stage electricians, stage property men, and stage carpenters
are put on the program department payroll as a unit. For accounting purposes, however,
one-third of the time of the full crew is charged to engineering department costs, as it is
impossible to compute the exact time spent by the crew on lighting rather than on other
duties.
1302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
change functions, with exclusive lighting jurisdiction given to the
stage electricians.
IATSE, Local No. 2, in. addition to its contracts with NBC and
ABC, bargains with Chicago Television Stations WGN and WBKB.
Here, also, stage electricians are bargained for together with stage
carpenters and stage property men under terms similar to those con-
tained in the New York contracts.
NABET has contracts with Television Stations WHAM, Rochester,
New York, WGY, Schenectady, New York, and WMAL, Washington.
It also bargains with WOIC, Washington. At all of these stations
lighting functions are performed exclusively by engineering em-
ployees. NABET also has a contract with Television Station WWJ,
Detroit. An addendum to this contract representing an agreement
:between NABET and IATSE, Local No. 38, gives jurisdiction over
the setting uup and handling of scenery and lights to the IATSE
local.
The unit placement of the lighting employees
In resolving the issues presented by this proceeding we find it un-
necessary to decide whether the Board originally intended, in 1944,
to include the lighting employees 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.
Except for certain light direction engineers, all other NBC engi-
neering department employees who perform lighting duties spend
only a minor portion of their time at these duties, and devote most
of their time to performing engineering duties which are clearly
technical. Moreover, under the practice of the NBC engineering
department of frequently interchanging duties, .there are substantial
periods during which these employees perform no lighting duties.
Without deciding whether lighting work is essentially technical or
. 23 The conflicting positions of the parties hereto arise largely from the assertion by
NABET that television lighting operations are fundamentally technical engineering func-
tions which historically were performed by NABET engineers. NABET alleges that the
hiring of stage electricians to perform lighting duties was an unwarranted intrusion by
IATSE into NABET's field of technical activity brought on by pressure from IATSE on
the Employers, who knew that television programs would eventually emanate from theatres
where IATSE's power is unchallenged.
IATSE, on the other hand, asserts that because of the highly sensitive camera tubes
now in use which require a bare minimum of light intensity, lighting for television shows
has assumed artistic proportions which are no longer the concern of engineers, but of
program personnel. To support this contention IATSE produced several lighting experts
from the major television broadcasters who testified that lighting in television is like
lighting in motion picture studios, photography studios, and the theatrical stage and that
NATIONAL BROADCASTING COMPANY, INC. 1303
artistic,23 we believe that the limited time spent by these employees
in the performance of this work does not in any event detract from
their essential status as technical, engineering employees. Clearly,
as to them there is no basis for finding that they should be included in
a unit with nontechnical program employees. Accordingly, we find
that those NBC engineering department employees who perform
lighting duties other than the light direction engineers, appropriately
belong in the NABET technical unit.
As to the full-time NBC light direction engineers 24 it appears for
the most part that they, like all the other engineers, have predomi-
nantly technical, electronic skills and are generally capable of per-
forming several engineering duties. Although they presently work
almost exclusively on lighting operations, they formerly interchanged
duties with the other engineers. This they still do to a limited extent.
All these employees are in the NBC engineering departments at their
respective stations where they work directly under technical directors
of these departments. Essentially their functions are a part of the
over-all responsibility of the technical directors who are charged by
NBC with the duty of providing adequate lighting according to en-
gineering standards. Their specific duties require especially close
contact and coordination with the technical directors and video con-
trol engineers of their departments. They have wage scales and
conditions of employment consistent with those of all the engineers
under the NABET contract, and have always been bargained for
together with all other engineers in the NABET system-wide technical
unit. Under these circumstances we find that these employees also,
appropriately belong in the NBC NABET technical unit.
The stage electricians at both NBC and ABC appear to have numer-
ous interests and skills which are separate and distinct from those
of the engineers. They are always hired as part of a crew with stage
carpenters and stage property men, admittedly nontechnical program
employees, with whom they extensively interchange duties in accord-
ance with the traditional custom of the stage and motion picture
studios. They never interchange with engineers. Their skills and
it calls for artistic rather than engineering skills. IATSE also claims that NBC engi-
neering department employees are permitted to function within this field of artistry only
because of NABET pressure on NBC arising from the strength and extent of its organiza-
tion in this Employer ' s AM and FM radio operations.
We shall not undertake to settle these conflicting claims, for they are immaterial to the
issues before us . We are satisfied from the records in these cases that television lighting
is a joint , cooperative venture which calls upon the peculiar skills of engineers and
program personnel , and that both groups must act in complete dependence and reliance
upon each other for the successful achievement of their common objective.
24 There are seven full-time light direction engineers at WNBT, New York , and one at
WNBQ , Chicago. ( See footnote 20, supra.)
1304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
experience, which are associated with stage craftsmanship rather than
engineering, are readily adaptable to television lighting duties with-
out any additional training, in contrast with the NBC engineers who
receive both formal and on-the-job training to qualify them for this
work. Neither NBC nor ABC requires that stage electricians have any
engineering skills or knowledge before they are hired, whereas NBC
prefers to hire engineers with college degrees in technical fields, and
ABC requires them to have training or experience in television elec-
tronics. Stage electricians need not know the technical language of
electronics spoken by the engineers, but they do know and use the
parlance of the theatrical stage, which is also the language of the
program employees. Wage scales and conditions of employment for
stage electricians are established locally at each station and differ
substantially from the uniform terms for all engineers under the
-NABET system-wide contracts.
Stage electricians are in the program department at all ABC sta-
tions. Although, at these stations, they occasionally receive a direct
order or instruction from a member of the engineering department,
they work exclusively under program department supervisors. At
NBC's station WNBQ, Chicago, they are also in the program depart-
ment. Here, although they receive their working instructions from
a light direction engineer of the engineering department in accord-
ance with NBC "protocol" 25 they are nevertheless under the complete
authority of program department supervisors. Although at WNBT;
the NBC station in New York, they are under the authority of the
technical director of the engineering department, when they inter-
change with stage carpenters and stage property men they work under
program department supervisors. They are, moreover, initially
hired and assigned to their duties by a program department division.
Under all these circumstances, and particularly because the stage
electricians have always been represented in station-wide units to-
gether with stage carpenters and stage property men at NBC Sta-
tions WNBT, New York, and WNBQ, Chicago, and at ABC Stations
WJZ, New York, WENR, Chicago, and KECA, Los Angeles, we
find that they appropriately belong in such units at each of these
stations, and do not belong in the NABET system-wide technical
units.
We find that the units described below are appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
25 The station manager of WNBQ testified, however, that at this station this "protocol"
is not strictly observed.
NATIONAL BROADCASTING COMPANY, INC. 1305
of the Act and shall direct that elections by secret ballot be held among
the employees in each of these units.26
(a) All stage electricians, stage carpenters, and stage property
men, excluding all other employees and supervisors as defined in the
Act,. at television station WNBT, New York City, of the National
Broadcasting Company, Inc.
.. (b) All stage electricians, stage carpenters, and stage property
men, excluding all other employees and supervisors as defined in
the Act, at television station WNBQ Chicago, Illinois, of the National
Broadcasting Company, Inc.
(c) All stage electricians, stage carpenters, and stage property
men, excluding all other employees and supervisors as defined in the
Act, at televis'fon station WJZ, New York City, of the American
Broadcasting Company, Inc.
5. Stations WNBT, WNBQ, and WJZ employ extras to supple-
ment or fill in for stage electricians, stage carpenters, and stage prop-
erty men. Although their employment sometimes may be as little
.as 4' hours, it also frequently lasts as long as 2 to 3 months. Like-
wise, although extras are not placed on permanent payrolls and
are released upon termination of their duties, each of the foregoing
stations follows the practice of seeking to reemploy these extras
.when they are needed. At WNBQ the same extra usually works 2
,or-3 days weekly as a fill-in for the stage electrician on his regular
days off. Extras receive minimum pay calls, but otherwise are paid
the same salaries and work under the same conditions as regular
employees.
.,•; We find that the one extra who replaces the stage electrician at
WNBQ is employed so frequently and regularly as to indicate that
lie is eligible to vote in an election. The record, however, contains
insufficient evidence on which to base a delimitation of voting eligi-
bility of the other extras. Under the circumstances of this partic-
ular case, we shall not attempt to apply our usual standards but
shall provide that those other extras who were employed on the date
of issuance of this Direction of Elections are eligible to vote in the
elections ordered herein.
DIRECTION OF ELECTIONS 27
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employers, elections by
As noted above elections have been requested only in these units.
' Any participant in the elections directed herein may , upon its prompt request to the
Regional Director, have its name removed from the ballot.
1306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
secret ballot shall be conducted as early as possible, but not later
than 30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Second Region and sub-
ject to Sections 203.61 and 203.62 of National Labor Relations Board
Rules and Regulations, among the employees in the units found ap-
propriate in paragraph numbered 4, above, who were employed dur-
ing the payroll period immediately preceding the date of this Di-
rection of Elections, including employees who did not work during
said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, but excluding those employees who have since quit
or been discharged for cause and have not been rehired or reinstated
prior to the date of the election, and also excluding employees on
strike who are not entitled to reinstatement, to determine :
1. Whether the employees in unit (a) desire to be represented, for
purposes of collective bargaining by Theatrical Protective Union
No. 1, IATSE, or by National Association of Broadcast Engineers
and Technicians, or by neither.
2. Whether the employees in unit (b) desire to be represented, for
the purposes of collective bargaining, by Theatrical Protective Union
No. 2, IATSE, or by National Association of Broadcast . Engineers
and Technicians, or by neither.
3. Whether the employees in unit (c) desire to be represented, for
the purposes of collective bargaining, by Theatrical Protective Union
No. 1, IATSE, or by National Association of Broadcast Engineers
and Technicians, or by'neither.
MEMBER STYLES took no part in the consideration of the above
Decision and Direction of Elections.