Radio and Television Broadcast Engineers Union

National Labor Relations Board - Board Decisions

Mar 30, 1953

103 N.L.R.B. 1256 (N.L.R.B. 1953)

1256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Alfredo Arroyo , Ponce, P. R.
Agostin Anabitate Colon, Ponce, P. R.
Pedro Rosas , Ponce, P. R.
Antonio Mendez Gorbea, Ponce, P. R.
Juan Maria Pizzini , Mayaguez, P. R.
Dionisio Santana Diaz , Humacao, P. R.
Fermin Garcia , Ensenada, P. R.
Benito Montalvo , Ensenada, P. R.
Guillermo Melendez Baez, Ensenada, P. R.
Jesus Maria Aviles , Ensenada, P. R.
Antonio Torres , Ensenada, P. R.
William Vargas , Ensenada, P. R.
Luis Velez Quinones , Ensenada, P. R.
Emiliano Vargas Sepulveda , Ensenada, P. R.
Manuel Vargas Sepulveda I, Ensenada, P. R.
Manuel Vargas Sepulveda II, Ensenada, P. R.
WE HAVE no objection to the employment of the above -named persons, or
other workers similarly situated , and have given the above-named employers
written notice to that effect.
INTERNATIONAL LONGSHOREMEN'S
AssocrATION, DISTRICT COUNCIL
OF THE PORTS OF PUERTO RICO
Dated-------------------- By---------------------------------------------
(Representative ) ( Title)
II.A LOCAL 1782
Dated-------------------- By---------------------------------------------
(Representative ) ( Title)
ILA LOCAL 1584
Dated-------------------- By---------------------------------------------
(Representative ) ( Title)
ILA LOCAL 1585
Dated-------------------- By---------------------------------------------
(Representative ) (Title)
ILA LocAL 1762
Dated-------------------- 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.
RADIO AND TELEVISION BROADCAST ENGINEERS UNION, LOCAL 1212, IN-
TERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS , A. F. L. and
COLUMBIA BROADCASTING SYSTEM , INC. Case No. 2-CD 68. March
30, 1953
Decision and Determination of Dispute
This proceeding arises under Section 10 (k) of the Act, which pro-
vides that "whenever it is charged that any person has engaged in
103 NLRB No. 139.
RADIO AND TELEVISION BROADCAST ENGINEERS UNION 1257
an unfair labor practice within the meaning of paragraph (4) (D)
of Section 8 (b), the Board is empowered and directed to hear and
determine the dispute out of which such unfair labor practice shall
have arisen, ...."
On September 17,1952, Columbia Broadcasting System, Inc., herein
called CBS, filed with the Regional Director for the Second Region
a charge against Radio and Television Broadcast Engineers Union,
Local 1212, International Brotherhood of Electrical Workers, A. F. L.,
herein called IBEW, alleging that it had engaged in and was engaging
in certain activities proscribed by Section 8 (b) (4) (D) of the
amended Act. The charge alleged, in substance, that IBEW had
induced and encouraged employees of CBS in the course of their
employment to engage in a strike or concerted refusal to work on any
materials or perform services with an object of forcing or requiring
CBS to assign particular work to employees who are members of
IBEW rather than to employees who are members of Theatrical Pro-
tective Union No. 1, International Alliance of Theatrical Stage Em-
ployees and Moving Picture Machine Operators of the United States
and Canada, AFL, herein called IATSE.
Pursuant to Sections 102.71 and 102.72 of the Board's Rules and
Regulations, the Regional Director investigated the charge and pro-
vided for an appropriate hearing upon due notice to all the parties.
Thereafter, a hearing was held before Samuel M. Kaynard, hearing
officer, on January 12-14 and 26-28, 1953. The hearing officer per-
mitted IATSE to intervene on the basis of its claim to jurisdiction
over the work tasks involved herein and its contract with CBS. All
parties appeared at the hearing and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to adduce
evidence bearing on the issues. The rulings of the hearing officer made
at the hearing are free from prejudicial error and are hereby affirmed."
'At the hearing, IBEW moved to disqualify the hearing officer on the ground that he
had participated in the investigation of the charge herein and made a report which cul-
minated in the issuance of notice of hearing. The hearing officer denied the motion but
referred the matter to the Board for ultimate determination In its brief , IBEW alleges
that it was denied a hearing before an impartial hearing officer contrary to the Adminis-
trative Procedure Act. We find no merit in IBEW 's contentions . As the Board held in Irwin-
Lyons Lumber Company, 83 NLRB 341, "the hearing under Section 10 (k) is non-adversary
In character . . . conducted in the same way as a hearing in a representation proceed-
ing. . . . It is to the subsequent adversary hearing, which leads to a final Board adjudi-
cation, that Section 8 of the Administrative Procedure Act applies ." IBEW further con-
tends that the use of a hearing officer drawn from a different Region in certain supplemental
representation matters suggests the use of a different hearing officer from the individual
who participated in the instant prehearing investigation . The practice referred to arises
in those circumstances where a qualified hearing officer is not available or the Regional
Director deems it advisable to use a bearing officer from another Region because the
Regional Director passed upon the substantive merits of the matter in dispute as to which
the Board thereafter ordered a hearing . Neither circumstance applies herein. Accord-
ingly, the hearing officer 's ruling is affirmed.
1258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All parties were afforded an opportunity to argue orally before the
hearing officer.2 All parties filed briefs with the Board.
Upon the entire record in the case, the Board 3 makes the following :
FINDINGS OF FACT
1. The parties stipulated , and we find, that the Company is engaged
in commerce within the meaning of the Act.
2. IBEW and IATSE are labor organizations within the meaning
of the Act.
3. The dispute.
A. The facts
The Company owns and operates several television stations, includ-
ing WCBS-TV, in New York City. Programs at WCBS-TV originate
from several studios in New York City, including Studio 61, located
at 1st Avenue and 76th Street, and Telecine, located at Grand Central
and at East 58th Street. The production and televising of a program
at CBS requires the services of a technical crew and a staging crew.
The technical crew represented by IBEW consists of a technical direc-
tor, an audio engineer, a record man, two or more video operators,
three or more cameramen, boom operators, and assistant technicians
who move sound booms, camera dollies, and cables. The staging crew
represented by IATSE consists of stagehands, property men, car-
penters, electricians, and lighting director. Ultimate responsibility
for the program rests with the program director who assembles and
integrates all the elements of a show, and instructs the cameramen on
their positions and shots to be taken. The director communicates with
the camerman by means of a headset intercommunication system
which affords two-way conversations. The director also issues instruc-
tions to the technical director to "switch in" the various camera shots,
as shown on the camera monitors, for transmission over the air through
master control.
A show may require additional personnel such as front and rear
screen projectionists, Telecine projectionists, and special visual effects
projectionists. The front and rear screen projector is a device for
projecting to the front and rear of a translucent screen, either by
means of motion picture film or slides, translucent or opaque subjects
which are to create the illusion of fixed or moving images as scenic
background, pictures, titles, commercials, and placards. These images
2 IBEW requested oral argument before the Board. As the briefs and the entire record
herein adequately present the issues and contentions of the parties, IBEW's request for
oral argument is hereby denied.
8 Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its
powers in connection with this case to a three-member panel [Members Houston, Styles,
9nd Peterson}.
RADIO AND TELEVISION BROADCAST ENGINEERS UNION 1259
are, in turn, picked up by the television camera and transmitted over
tite air, separately, or as an integrated part of other scenery or action.
In rear screen projection, the projector is located behind the translu-
cent screen and the camera is located in front of the screen; actors
emoting in front of the projected background are located between the
screen and the camera. Front screen projection is used either to project
a picture on an opaque reflecting screen, or a gauze or scrim, which is
located between the camera and the actors. Front and rear screen
projection is used chiefly to substitute for or augment physical scenery
and must be integrated into the scenery and lighting effects on the
studio set together with the live performance. A secondary use of this
device is to furnish commercials or to project pictures or printed mate-
rial in connection with "quiz" shows. Front and rear screen projection
is currently being used at CBS on an average of 40 times per month,
as compared with 8 or 10 times per month a year ago.
Telecine is the operation or department where film and slide projec-
tors are located and from which film and slide sequences of commer-
cials, titles, pictures, and scenery are transmitted over the air as sepa-
rate sequences, or as part of a live performance. In Telecine, the
projection is part of the "film camera chain," i. e., the image from the
slide projector is shot directly into the mosaic of the camera tube
approximately 1 foot away which, in turn, transmits the picture over
the air through master control' Live performances do not take place
in the Telecine projection room but the image produced may be inte-
grated by electronic means through master control with the picture
transmitted by the television cameras on the studio set shooting a
live performance.
The projector and camera in the Telecine "film camera chain" are
in a fixed immovable position and at a fixed angle, whereas in studio
front and rear screen projection the distances are much greater and
vary with the lighting and general effects desired. The camera most
commonly used in Telecine is an iconoscope camera which is an elP'-
tronic instrument with a vacuum tuba, whereas the camera used to
shoot front and rear screen projection is an image orthicon type. The
projectors used in Telecine employ incandescent, arc, and electronic
sources of light and the electronic source of light and power receives
its driving impulses from the "sync" generator, which furnishes the
driving impulses to all electronic equipment in Telecine and in the
studios. Front and rear screen projectors, on the other hand, are
either of the incandescent or are type. Similar techniques of setting
4In the case of film projection the image to projected into a diplex mirror and then onto
the camera tube.
Other devices involving Telecine , such as matting amplifier and the use of monitor panels,
also employ electronic techniques.
1260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
up, threading and splicing film, and testing equipment characterize
both operations.
The projectionists in Telecine are licensed by the City of New York
whose ordinances require that certain types of are projectors be oper-
ated only by licensed projectionists . Similarly , are projectors used
in the studio require a licensed projectionist . Telecine projectionists
are required to have some knowledge of electronics and are included
in the unit of technicians represented by the IBEW.
Special visual-effects projectionists represented by IATSE operate
projectors consisting of a lamphouse with an adjustable lens and an
attachment in which slides are inserted to project visual effects onto
a screen such as moonlight , sunlight , and a skyline with clouds. By
a minor adaptation, these projectors are used with revolving discs to
show moving clouds, flickering flames, rain , and waves.
The first regular use of still slide rear screen projection was in
1948 on the "Mr. I-Magination " show and the slide projector was op-
erated by an IATSE stagehand . Hitherto scenic background had
been supplied by the building of actual sets, the painting of the scene
on a backdrop , the use of photo enlargements , and the use of projec-
tion devices such as the silhouette and special visual -effects projec-
tion . Late in 1948 , or early in 1949, CBS developed a rear screen
projector using a motion picture film for television use. In 1950,
CBS followed the standby practice in the assignment of operators for
front and rear screen projection , e. g., an IBEW or IATSE member
operated the projector while the other individual stood by. In June
1951, the "It 's News To Me" program required the use of rear screen
projection and a jurisdictional dispute between IATSE and IBEW
arose. CBS resolved the immediate dispute by again resorting to the
standby procedure . At about that time, CBS asserted its position that
the operation of such projectors properly belonged to and should
be assigned to IATSE stagehands rather than IBEW technicians.
On May 13 , 1952, CBS instructed its personnel that "the operation
of projectors in front or rear screen projection whether the projection
be motion picture or slide , shall be assigned to IA stagehands." Be-
fore implementing this decision, CBS Director of Labor Relations
Fitts reached an informal agreement with IBEW Business Manager
Calame on August 29 , 1952, whereby Calame agreed, personally, that
front and rear screen projection used for scenic background could be
assigned to IATSE , provided that whenever rear screen projection in
the studio was used in lieu of an operation performed by Telecine,
such operation was to be assigned to IBEW. As a result , the "Kovacs
Unlimited" show of August 29 went on the air with the rear screen
RADIO AND TELEVISION BROADCAST ENGINEERS UNION 1261
projector operated by IATSE personnel without standby. There-
after, CBS continued to make assignments for the operation of front
and rear screen projection in accordance with this informal agree-
ment without incident until the "Perry Como" show on September 8,
1952.
On September 8, Calame informed Fitts that the IBEW executive
board had not accepted Calame's informal agreement with CBS.
Accordingly, to avert difficulties on the "Perry Como" show, CBS
reverted to its previous standby arrangement. Subsequently, CBS
decided to put into effect its previous position that assignment of front
and rear screen projection was to be made to the stagehands. On
September 14, 1952, stagehands only were assigned to project motion
picture films and slides on the "Story for Americans" program.
"Story for Americans," a sustaining drama program, emanated from
Studio 61 on Sunday afternoon from 3 to 3: 30 p. m., and the program
director was Frank Harms, a CBS staff director. The script for the
program called for rear screen projection using a motion picture film
to show a receding roadway. This sequence was to occur at the begin-
ning of the show and an actor was to appear in front of the screen,
to create the effect of riding in a wagon down this roadway; this
sequence was to run for about 2 minutes. The script also called for
the use of rear screen projectors with slides showing a country scene
for background and actors emoting in front of this background; this
sequence , occurring in the middle of the program, was to last for about
5 minutes.
The rehearsal on September 14 started at about 10 a. m. Harms
conducted a "blocking" rehearsal in which he plotted out the locations
of actors and equipment, checked the rear screen projectors, and ran
through the film and slide sequences several times. In accordance
with CBS instructions of May 13, two IATSE stagehands were as-
signed to operate the rear screen projectors without IBEW standby.
"Fax" rehearsal, using live cameras and facilities, commenced at
1: 30 p. m. and continued until 2: 30 p. m. During "fax," Harms
assigned the cameras to their various shots and positions; the initial
film rear projection sequence was assigned to Sanford Bell on camera
No. 1, a dolly camera, assisted by a "dolly man" or "pusher" to push
the camera and elevate and lower it for proper position and angle.
"Fax" rehearsal proceeded and the camera shots which had rear screen
projection in the background were picked up by the camera and ap-
peared on the camera monitors and line monitors in the control room
and master control with the projection background showing as
requested by the program director.
1262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Shortly after the end of the "fax" rehearsal, Carl Harris, shop
steward for the technical crew, told Henry Grossman, assistant to the
vice president of operations, present in the studio,5 that "he had orders
from C'alame not to take the rear screen scenery pictures on the TV
cameras." Grossman replied, "If those are your orders there's nothing
we can do about it. However, we are not assigning any IBEW
standby to rear screen projection operation." At about 2:40 p. m.,
Charles Lyons, the technical director and a member of IBEW execu-
tive board, informed Grossman that an IBEW technician had arrived
from Grand Central Telecine for the rear screen projection standby -6
Grossman told Lyons that "we would not assign this technician to the
rear screen projection work, that the assignment had been made to
IATSE men." Subsequently, before air time, Lyons told Grossman
in further conversation that instructions from Calame were to shoot
the pictures on the stage at an angle eliminating the rear screen
scenes .7 Grossman informed Lyons that this would not work and
would defeat the intended portrayal of the action. Harris and Lyons
also discussed these instructions with Harms in the control room and
Harris repeated Calame's instructions to the technical crew, includ-
ing Bell and the other cameramen. The technical crew conferred
together in a "pep talk" and decided that instead of the shot showing
the rear screen projection, the cameraman would take a tight head
shot which would not show the projection background.
At about 2:45 p. m., Harms left the control room and went out onto
the studio floor. Bell came over to Harms and, in the presence of
several other cameramen and technicians stated, "I guess you know we
can't shoot rear projection." Harms replied, "No. I heard rumors to
the effect that there was something going on." Harms also asked Bell,
"Why" and Bell replied, "We are not going to take it. It is a union
dispute." Bell stated that "Instead of the shot we rehearsed I would
like to give you another angle on the subject." Harms replied, "What
kind ?" Bell stated, "I can shoot him close-up and from an angle where
I would not shoot the rear projection." Harms replied, "Well we
couldn't do that, we would have to shoot rear projection." Bell stated,
5 Also present in the studio were E. Carlton Winckler, manager of production operations
department , and Walter R. Pierson, manager of studio and playhouse operations depart-
ment, both of CBS.
Earlier in the day Harris had made inquiries of the scheduling office concerning the
assignment of a technician to operate the rear screen projector . The technician assigned
from Telecine remained in the back of the control room throughout the air show and did
not operate the projector.
4 Harris told Calame over the telephone that "it looks as if they are setting up rear
screen facilities here and are not going to schedule any of our people." Calame thereupon
issued the instructions, "Don't put it on," e. g., that IBEW technicians should not pick
up or transmit any picture which had rear screen projection in the background . Harris re-
ported these instructions to Lyons.
RADIO AND TELEVISION BROADCAST ENGINEERS UNION 1263
"But I can't shoot rear projection." To this, Harms replied, "It's got
to go as we rehearsed it" and left."
During the period between 2: 30 and 3 p. m., Harms engaged in con-
versation with CBS executives, including Grossman, with regard to the
dispute involving rear screen projection and the possibility of difficulty
on the show. Harms was not given any specific instructions as to what
action to take in the event of trouble but was told to anticipate it and
try to work things out at the time.
The show went on the air at 3 p. m., and at about 3: 02 p. m. the
rear screen projector was put into operation and the projection ap-
peared on the background screen. Harms cued Bell to move into posi-
tion for his shot. The camera monitor of camera No. 1 in the control
room showed a tight head shot with no rear screen background. When
Harms saw the tight head shot instead of the rehearsed shot, he issued
instructions to Bell over the "intercom" to move his camera into
position, urging him to "Dolly back, dolly back. Give me a wider
angle. I've got to have rear projection." Harms kept repeating these
instructions but Bell did not move the camera and the tight head shot
remained on the camera No. 1 monitor.9 Meanwhile, the preceding
shot continued to be transmitted over the air, the actors were ad libbing,
and the sound effects which preceded and which were to accompany the
shot with the rear screen projection background were on the air.
Harms told Lyons, "If we don't get this shot we have got to take it to
8 The foregoing is based upon the testimony of Harms which we credit as supported by
the reasonable weight of the evidence . In conflict therewith is the testimony of Bell who
stated that after explaining the substitute tight , low angle shot to Harms, the latter
replied, "If that 's it, that's it. I hope everything comes out all right " Harms expressly
denied making any such statement . Cameramen Tuck and Prince and Audio Engineer
Harris corroborate , generally , Bell 's version of the conversation. However, though testi-
fying to the effect that Harms accepted Bell's substitute shot , there is substantial variance
in the testimony of Tuck and Prince as to the purported reply of Harms , while Harris
could not recall the actual words used . Further, although Tuck repeatedly testified that
he "participated " in the conversation , he could not recall any remarks he contributed.
Moreover, Prince asserted that the conversation between Bell and Harms on the substitute
shot began during "fax" and that there was a still earlier exchange between Harms and
Bell on the subject . None of the other witnesses , though linked to the same intercom-
munications , testified to any such exchanges . Also, contrary to Bell 's testimony that he
"got the brilliant idea of an alternate shot" during "fax," Harris testified that "it was
the unanimous decision of the group [ I e. technicians ] to use that particular kind of a
shot." Finally , as indicated , infra, when Bell took a tight shot eliminating rear screen
on the air , Harms, carrying out his responsibilities as director , vigorously protested and
ordered him to produce the shot as rehearsed . Later, after the show, the technicians were
apologetic to Harms about their refusal to take rear screen , a position hardly consistent
with an alleged agreement with Harms to dispense with rear screen on which Harms, If
the IBEW version be credited , reneged.
Bell testified that he could not move Into the position requested by Harms because he
was "on the ground" 15 feet away from the rehearsed camera position shooting with a long
lens ; to comply with Harms ' instructions would require him to move In front of the actor,
go through various lens openings which would produce bad shots ; also , that he could not
convey his instructions to the "pusher" in time and might tangle in the cables and stored
props. However , Tuck and Prince testified that a change in position and lens opening
could have been easily accomplished and, certainly , within the time limit of 2 minutes, the
duration of that particular sequence. We find reason to believe that Bell could have
reverted to the rehearsed shot as instructed by Harms.
1264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
`black'." This remark to the technical director could be overheard by
Bell. Finally, when this last remark was unproductive of any change,
Harms told Lyons to take the show to "black" and also directed that the
audio be cut. The show went to "black," the audio was cut off, and the
automatic trouble sign was telecast from master control. During the
next 3 minutes, Harms regrouped his actors and changed his program
staging to eliminate all rear screen shots. The show then went back
on the air without further incident.
In the control room after the show, Bell told Harms, "Nothing per-
sonal, Frank." Further, Lyons told Harms that the "blackout inci-
dent was the result of a union dispute," that they could not shoot rear
projection. Harms pointed out that he could not see why that would
affect him and Lyons replied, "Gee, don't take it personally ; it's no-
body's fault." The master control log made out by the technician on
duty at master control states for September 14, "Story for Americans"
show, the following:
No video or audio from studio 61 from 302:39 P. M. to 306: 01
P. M. This due to union labor jurisdictional dispute problem re:
rear screen projection at studio.
Subsequent to the events of September 14, CBS, although verbally
reiterating its position that front and rear screen projection belonged
to the IATSE stagehands, in practice reverted to standby. Under
this arrangement the operation of motion picture film front and rear
screen projectors is performed by IBEW with an IATSE standby:
the operation of slide front and rear screen projection is performed by
IATSE personnel with an IBEW standby 10
B. Bargaining history
CBS has bargained with IBEW in a unit of technicians for over 10
years. On February 14,1952, IBEW was certified by the Board as the
bargaining representative of a systemwide unit of "all technicians .. .
in the Technical Operations Departments and the Engineering Re-
search and Development Department, . . . including . . . motion
picture cameramen and film editor and cutters in New York City, but
excluding . . . Lighting directors and special visual effects employees
10 A survey made by CBS on the use of front and rear screen projection during the period
from June 1952 to September 1952 showed that such operation was used approximately
70 times, of which 52 were slide projection and 18 motion picture film projection. The 52
times that slide projection was used, IATSE personnel operated the projector and IBEW
personnel were standbys . On 12 of the 18 occasions when motion picture film projection
was used, IBEW personnel operated the projectors and IATSE personnel acted as stand-
bys ; on the remaining 6 occasions , both film and slide projection was used and IBEW
personnel operated the motion picture projector and IATSE personnel operated the slide
projector with reverse standbys.
RADIO AND TELEVISION BROADCAST ENGINEERS UNION 1265
in New York City, ... stage hands ..." 11 The present contract
between CBS and IBEW is dated May 1, 1952, and expires on April
30, 1954. The employees covered by the contract include all the tech-
nical employees of CBS with certain named exclusions. The contract
contains the following provision with regard to front and rear screen
projection :
Nothing herein contained shall be construed as either an affirma-
tive grant of, or a denial of, jurisdiction over (1) the work of op-
erating motion picture projection machines and/or slide pro-
jectors in the operation known in the industry as "front and rear
screen projection."
CBS has bargained with IATSE in New York City for over 10
years. The present contract is dated September 1, 1952, and expires
on December 31,1954. The coverage of the IATSE contract embraces
"television Shop Heads, Head Stagehands, Stage Carpenters, Stage
Electricians, Stage Propertymen, television Stage and Shop Ap-
prentices and Extra Men" employed by CBS in New York City.12
The contract jurisdiction provision states that-
The jurisdiction of Stage Electricians covers the maintenance,
repair, placement and operation of spotlight and other lighting
devices used to light the set in connection with such television
performances.
C. Contentions of the parties
IBEW contends that the Board is without jurisdiction to determine
the dispute for the reason that an "agreement" existed between the
director and the cameraman to accept a substitute shot, and that by
taking the show off the air, the director countermanded the "agree-
ment"; consequently, there was never a strike or a work stoppage.
Both CBS and IATSE deny the existence of any "agreement" and
maintain that a concerted refusal did in fact result.
n Columbia Broadcasting System, Inc., 97 NLRB 566. In that proceeding, front and
rear screen projectionists were sought to be included within a unit of technicians. The
Board stated : "Because there are no employees who now perform this disputed function
a sufficient portion of their time to be denominated : `front and rear projectionists,' we
shall make no present determination as to the inclusion of front and rear projectionist in
the unit." The Board added this footnote : "Were there such employees , the record sup-
ports a finding that their interests would be aligned with those of the stage hands rather
than the technicians . No special knowledge of electronics is required , such as, in general,
is characteristic of the technical employees . The work pertains to the providing of scenic
background , which , like stage lighting, is traditionally the function of members of stage
hand groups . Cf. National Broadcasting Company , Inc. (supplemental decision ), 95 NLRB
736."
12 A separate contract between CBS and IATSE covers television lighting directors and
special visual -effects men employed by the Company in its television operations in New
York City.
1266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
With respect to the merits of the dispute, IBEW contends that the
work tasks of the operation of front and rear screen projectors fall
properly to technicians within the IBEW unit at CBS. In support of
this position, IBEW urges the following considerations: (1) The
similarity between front and rear screen projection and Telecine pro-
jection; (2) the history of the assignment of studio projection; and
(3) the practice' at NBC to furnish IBEW with studio projection 13
Both CBS and IATSE contend that the operation and maintenance
of the front and rear screen projectors properly belong to the stage-
hands in the IATSE unit at CBS rather than to the IBEW tech-
nicians . In support of this contention they point to the following
considerations : (1) The similarity between the front and rear screen
projectors and other means of supplanting or augmenting scenery
such as sets, drops, and special-effects projections within IATSE
jurisdiction; (2) the presence of front and rear projection on the live
set and the absence of the electronic "film camera chain" characteristic
of Telecine; (3) the history of the assignment of studio projection;
and (4) a Board decision which indicates that the operation of such
equipment properly belongs within the IATSE stangehand unit.
D. Applicability of the statute
The charge, which was duly investigated by the Regional Director,
alleges a violation of Section 8 (b) (4) (D) of the Act, and the Re-
gional Director was satisfied upon the basis of such investigation that
there was reasonable cause to believe that a violation of Section 8
(b) (4) (D) of the Act had been committed.
The record before us establishes that there is reasonable cause to
believe that IBEW induced and encouraged employees of CBS to
engage in a concerted refusal to perform work in order to force or
require CBS to assign the operation of front and rear screen projection
to members of IBEW although this work had been assigned to, and
was being performed by, employees who were members of IATSE.
The Board has held that such factual circumstances are sufficient to
involve the Board's jurisdiction to hear and determine a dispute within
the meaning of Section 8 (b) (4) (D) and 10 (k) of the Act.14 We
find that this is a dispute within the meaning of Section 8 (b) (4)
(D) and 10 (k) of the Act, and contrary to IBEW's contentions, that
it is therefore properly before us for determination.
18 Contrary to the contention of IBEW In its brief, while IBEW operates the front and
rear screen projectors at NBC, this is pursuant to an arrangement whereby IATSE
personnel furnish power and standby.
14 National Association of Broadcast Engineers and Technicians, CIO (National Broad-
casting Company, Inc.), 103 NLRB 479, and cases cited therein.
RADIO AND TELEVISION BROADCAST ENGINEERS UNION 1267
E. The merits of the dispute
We view the dispute here presented as essentially a disagreement
between 2 unions over the question as to which of the 2 existing bar-
gaining units appropriately includes the work of operating the front
and rear screen projectors.
While the functions of Telecine and front and rear screen projec-
tionists bear similarities in the nature of the material projected and
the mechanism used, there remain major differences both in the es-
sential use to which the two projection methods are put and the job
skills required. Front and rear screen projection takes place in the
studio on the same set with the performers. The motion picture film
or slides are projected onto a screen or other surface on which the
camera is then focused. The surface with the projected picture super-
imposed thereon is then used principally as a substitute for or a sup-
plement to scenery. Sometimes it is also used for visual aids in pro-
grams which require participation by the studio audience. The pro-
jector used for front or rear screen projection is completely dis-
associated from the television camera and all other electronic equip-
ment. The operator of such projector has no need for electronic train-
ing. In Telecine, on the other hand, the projector is an integral part
of the "film camera chain" and with that film camera chain is located in
a separate room outside the studio away from the performers and may
be in a different building. The motion pictures or slides are projected
directly onto the face of the tube of the television camera. The oper-
ator of the Telecine projector requires electronic training because he
is the same individual who operates the Telecine television camera.
It is clear, therefore, that front and rear screen projection is prin-
cipally a scenic or background-creating technique and, as such, repre-
sents but a further developement in staging complementary to sets,
backdrops, lighting and special visual effects traditionally the func-
tion of stagehand and stage electrician groups.
In view of the foregoing, and on the basis of the entire record, we
conclude that front and rear screen projection is included in the light-
ing duties which characterize the stagehand and stage electrician
unit, and that employees operating front and rear screen projectors
have interests and working conditions more closely related to those
of stagehands and stage electricians than to those of technicians. Ac-
cordingly, we find that the disputed work tasks appropriately are in-
cluded in the bargaining unit presently represented by IATSE.15
11 Cf. National Association of Broadcast Engineers and Technicians, CIO (National
Broadcasting Company, Inc.), supra, and cases cited therein. See Columbia Broadcasting
System, Inc., supra.
1268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Determination of the Dispute
On the basis of the foregoing findings of fact, and upon the entire
record in this case, the Board makes the following determination of
dispute pursuant to Section 10 (k) of the amended Act :
1. The operation of all front and rear screen projectors in the
studios of the Company's television station, WCBS-TV, New York
City, New York, is included in the bargaining unit presently repre-
sented by Theatrical Protective Union No. 1, International Alliance
of Theatrical Stage Employees and Moving Picture Machine Oper-
ators of the United States and Canada, AFL, and not in the bargain-
ing unit now represented by Radio and Television Broadcast Engi-
neers Union, Local 1212, International Brotherhood of Electrical
Workers, A. F. L.
2. Within ten (10) days from the date of this Decision and Deter-
mination of Dispute, Columbia Broadcasting System, Inc., Radio and
Television Broadcast Engineers Union, Local 1212, International
Brotherhood of Electrical Workers, A. F. L., and Theatrical Pro-
tective Union No. 1, International Alliance of Theatrical Stage Em-
ployees and Moving Picture Machine Operators of the United States
and Canada, AFL, shall each notify the Regional Director for the
Second Region, in writing, of the steps it has taken to comply with
the terms of this Decision and Determination of Dispute.
INTERNATIONAL HARVESTER COMPANY, FARMALL WORKS and INTERNA-
TIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, PETITIONER
INTERNATIONAL HARVESTER COMPANY, FARMALL WORKS and LAW-
RENCE E. SHAW, EMPLOYEE-PETITIONER and UNITED FARM EQUIP-
MENT AND METAL WORKERS, LOCAL No. 109, FE-UE
INTERNATIONAL HARVESTER COMPANY, FARMALL WORKS and INTER-
NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT, AND AGRIcuL-
TURAL IMPLEMENT WORKERS OF AMERICA, CIO, PETITIONER. Cases
Nos. 13-RC-3995,113-RD-156, and 13-RC-3109. March 30,1953
Decision, Order and Direction of Elections
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, hearings were held before Raymond A. Jacobson and
Allen T. Haas, hearing officers. The rulings made at the hearings are
free from prejudicial error and are hereby affirmed.
1 This case is hereby consolidated with the other above-entitled cases, which have already
been consolidated.
103 NLRB No. 117.