New Jersey Broadcasting Corp.

National Labor Relations Board - Board Decisions

Jun 24, 1942

41 N.L.R.B. 1221 (N.L.R.B. 1942)

In the Mattel' of NE«" JERSEY BROADCASTING CORPORATION and LOCAL
UNION 1212, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
AFL
Case No. R-3866.-Decided June 24,194
Jurisdiction : radio broadcasting industry.
Investigation and Certification of Representatives : existence of question : con-
flicting claims of rival unions; contract executed after institution of pro-
ceedings with notice of petitioning union's claims ; held no bar ; election
necessary
'Unit Appropriate for Collective Bargaining : all radio and broadcasting tech-
nicians including chief engineer of Company's Station WHOM ; stipulation
as to.
Miss'Helen F. Humphrey, for the Board.
Kneel ct Lessall, by Mr. George Lessall, of New York City, for
the Company.
Mr. Lawson Wimberly and Mr. Lawrence F. Daly, of Washington,
D. C., for the I. B. E. W.
Boudin, Cohn ct Glickstern, by Mr. Leonard-B. Boudin, of New
York City, for the A. C. A.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board. '
DECISION
AND
DIRECTION OF ELECTION
STATEBIENT OF THE CASE
Upon petition duly filed by Local Union 1212, International Broth-
erhood of Electrical Workers, AFL, herein called the I. B. E. W.,
,alleging that a question affecting commerce had arisen concerning the
representation of employees of New Jersey Broadcasting Corpora-
tion, New York City, herein called the Company,' the National Labor
Relations Board provided for an appropriate hearing upon due
notice before William F. Guffey, Jr., Trial Examiner. Said hearing
was held at .Near York City, on May 21, 1942. The, Company, the
I. B. E. W., and American Communications Association, affiliated.
with the 'Congress of Industrial Organizations, herein 'called the
' The name of the Company was erroneously designated as Radio Station WHOM in the
petition and formal papers, all of which were corrected by amendment at the hearing.
41 N. L. R. B, No. 223.
l
1221
1222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A. C. A., appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing on the issues. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
On June 6, 1942, the I. B. E. W. filed a brief which the Board has
considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
New Jersey Broadcasting Corporation is a New Jersey corporation
with its principal offices in New York City. The Company is engaged
in the business of radio broadcasting and operates a radio station,
WHOM, which broadcasts entertainment, advertising, and intelligence
originating in studios located in New York City and in Jersey City,
New Jersey, by means of a transmitter located in'the State of New Jer-
sey. The Company's Station WHOM operates 17 hours' each day under
a license granted by the Federal Communications Commission over a
designated wave length of 1480 kilocycles with 1,000-watt power by
day and 500-wait power by night, having an effective radius of
approximately 15 or 20 miles. The Company receives a substantial
portion of its revenue from advertisers who are engaged in interstate
commerce. The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local Union 1212, International Brotherhood of Electrical Work-
ers, is a labor organization affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
American Communications Association is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 8, 1940, the Company and the A. C. A. entered into
a closed-shop contract to continue in effect until October 1, 1941, and
from year to year thereafter unless written notice requesting amend-
ment or abrogation should be given by either party thirty (30) days
before the termination date. By letter dated August 27, 1941, the
A. C. A. notified the Company that it wished to submit certain amend-
ments before the contract should be renewed. During September
NEW JERSEY BROADCASTING CORPORATION 1223
and October, 1941; the Company and the A. C. A. met in several
bargaining conferences. The A. C. A. contends that on October 24,
1941, the Company and the A. C. A. agreed upon all the terms of the
proposed contract. However, the contract was not reduced to writ-
ing and signed until January 5, 1942. On December 18, 1941, the
I. B. E. W. filed its petition requesting an investigation and deter-
mination of representatives. The A. C. A. contends that its contract
constitutes a bar to the present proceeding. Although an accord may
have been reached on a number of substantive terms, as contended
by the A. C. A., the record fails to establish that any binding agree-
ment had been consummated until more than 2'weeks subsequent to
the date the I. B. E. W. filed its petition with the Board. We have
repeatedly held that a contract should not preclude a determination
of representatives when it is executed after a rival union has claimed
to represent employees covered by the contract or has filed a petition
with the Board.2 We do not believe that the circumstances presented
herein justify a departure from those rulings. We accordingly find
that the contract between the Company and the A. C. A. constitutes
no bar to this proceeding.
A statement of the Regional Director introduced into evidence
indicated that the I. B. E. W. represents a substantial number of
the employees in the unit found below to be appropriate .3
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within,the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation by the Company, the
I. B. E. W., and the A. C. A. at the hearing, that all radio and
broadcasting technicians of the Company's Station WHOM, includ-
ing the chief engineer, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of- Section 9 (b) of
the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. To de-
2 See Matter of General Motors Corporation, Frigidaire Division and United Electrical,
Radio & Machine Workers o f America, affiliated with the C . 1. 0., 37 N. L. R. B. 616,
and cases cited therein
8 The I. B. E W. submitted to the Regional Director photostatic copies of 5 authoriza-
tion cards , all of which were dated December 16, 1941. The Regional Director stated
that all signatures were apparently genuine and original and were the names of persons
on the Company 's pay roll of December 20, 1941. As of that date there were 10 em-
ployees within the unit hereinafter found to be appropriate. The A C A. relies upon its
contract with the Company to show its interest in this proceeding.
1224 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
terming eligibility to vote, the I. B. E. W.,requests the use of the
pay roll for the week ending December 20, 1941, and the A. C. A.
suggests the use of the pay roll current at the time of the election.
It is possible -that. employees have been hired under the closed-shop
contract which the A. C. A. has secured from the Company. Under
the circumstances, we believe that eligibility to vote should be deter-
mined on-the basis of the pay roll immediately preceding the execu-
tion of the closed-shop contract on January 5, 1942. We find,
consequently, -that the employees of ,the -Company eligible to vote
in the election-shall be those who were employed during the pay-roll
,,period immediately preceding January 5, 1942, subject to the limita-
,tions and additions, set forth in the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the -power vested in the National
,Labor Relations Board by,Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board' Rules and Regulations-Series 2, as amended, it
is hereby - -
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with New Jersey
Broadcasting Corporation, New York City, an election by secret
ballot shall be conducted as early as possible, but not later than
thirty (30) days from the date of this Direction, under the direction
and supervision of the Regional Director for the Second Region,
acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regu-
lations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period
immediately preceding January 5, f942, including any such employees
who did not work during that pay-roll period because they were ill
,or on vacation or' in the active military service or training of the
United States, or temporarily laid off, but excluding any who have
since quit or been discharged for cause, to determine whether they
desire to be represented by Local Union 1212, International Brother-
hood of Electrical Workers, affiliated with the American Federation
-of Labor, or by American Communications Association, affiliated
with the Congress of Industrial Organizations, for the purposes of
,,collective bargaining, or by neither. '