85 N.L.R.B. 694 (N.L.R.B. 1949)

Nebraska Broadcasting Co., Inc.

National Labor Relations Board - Board DecisionsAug 15, 1949

85 N.L.R.B. 694 (N.L.R.B. 1949)

In the Matter of NEBRASKA BROADCASTING COMPANY, INC., EMPLOYER and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, PETITIONER Case No. 17-RC-443.-Decided August 15,1919 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before William J. Scott, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employer, a Nebraska corporation, owns and operates a 250 watt radio station in Hastings, Nebraska, known as Station KHAS, under license from the Federal Communications Commission. It is an affiliate of the Mutual Broadcasting System, a national network. The efFective range of the station for commercial purposes appears to be 35 miles; however, it can be heard from a greater distance. The closest State border (Kansas) from the station is approximately 40 miles. The station is operated week days from 6 a. in. to 12 midnight and from 7 a. m. to 10 p. in. on Sunday. Approximately 7,1/2 hours of the station's work day is used in broadcasting programs furnished by Mutual, being piped in over a leased wire. This amounts to more than 40 percent of the broadcast time of the station. Only about 11/2 hours of the 7 hours are revenue producing, the remainder being devoted to sustaining programs. For the first 6 months of 1949, Employer's gross revenue was approximately $46,400, of which $3,792 or about 85 N. L. R. B., No. 125. 694 NEBRASKA BROADCASTING COMPANY, INC. 695 8 percent, accrued from sales of advertising or radio time to firms located outside the State of Nebraska. National Network programs are sponsored by advertisers of products sold Nation-wide, such as Dill's Best and Model tobaccos, Phillip Morris cigarettes, Alka Seltzer, and Ronson lighters. We find, contrary to the contention of the Employer, that it is 1 engaged in commerce within the meaning of the National Labor Rela- tions Act. 2. The labor organization involved claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act: All engineers and technicians at the Employer's Hastings, Nebraska, radio station, CHAS, excluding clerical employees and all super- visors as defined in the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by 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 super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily 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 whether or not they desire to be represented, for purposes of collective bargaining, by Inter- national Brotherhood of Electrical Workers, AFL. 'Matter of Booth Radio Stations , Inc., 79 N. L. R. B. 964; Matter of Sunshine Broad- casting Company, 83 N. L . R. B. 1244; Matter of Stark Broadcasting Corporation, 84 N. L. R. B. 902.