Raritan Valley Broadcasting Co., Inc.

National Labor Relations Board - Board Decisions

Nov 14, 1958

122 N.L.R.B. 90 (N.L.R.B. 1958)

90 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
$500,000 standard chosen by the Board should, in its opinion, reason-
ably insure that jurisdiction will be asserted over all labor disputes
involving retail enterprises which tend to exert a pronounced impact
upon commerce.
In the present case, as it is clear that the Employer's gross volume of
business of $635,000 exceeds the minimum amount required under
the new standard, the Board finds that it will best effectuate the
policies of the Act to assert jurisdiction herein.
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. We find, in accordance with the agreement of the parties, that
a unit of the Employer's warehousemen, truckdrivers, and helpers at
Charleston, South Carolina, excluding clerical employees, guards, and
supervisors as defined in the Act, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
[Text of Direction of Election omitted from publication.]
Raritan Valley Broadcasting Company, Inc.' and American
Federation of Television and Radio Artists, New York Local,
AFL-CIO, Petitioner. Case No. 22-RC-190. November 14,1958
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Oscar Geltman, hearing of-
ficer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is a radio broadcasting company engaged in the
operation of a radio station with call letters WCTC-AM and FM,
serving the area of Middlesex and Somerset counties in New Jersey.
During the calendar year preceding the hearing the Employer's gross
revenues were approximately $196,241.2 It receives revenues gen-
erally from the sale of time for commercial advertising, from the sale
of talent and the furnishing of material or services to advertisers.
1 The Employer's name appears as corrected at the hearing.
2111 view of our disposition of this case, we need not determine whether the amount of
$6,119 which advertising agencies deducted prior to paying the Employer the amount
charged them for use of time is properly attributable to the Employer as gross income,
thus bringing the Employer 's operations within the $200,000 gross revenue standard of
Sanford Broadcasting Company, 110 NLRB 1257.
122 NLRB No. 16.
RARITAN VALLEY BROADCASTING COMPANY, INC. 91
Approximately 8 percent of time sold for advertising purposes is
utilized by advertisers of national brand products. The Employer is
a member of the Associated Press, and utilizes its wire services.
The Employer contends that it would not effectuate the policies of
the Act for the Board to assert jurisdiction over it, because its gross
revenue is less than $200,000 and therefore its operations do not satisfy
the test uniformly applied to radio stations by the Board since 1954.
Ever since the enactment of the National Labor Relations Act in
1935, the Board has consistently held to the position that it better ef-
fectuates the policies of the Act and promotes the prompt handling
of cases not to exercise its jurisdiction to the fullest extent possible
under the authority delegated to it by Congress. For the first 15
years the Board exercised its discretion in this area on a case-by-case
basis. In 1950 the Board first adopted certain jurisdictional standards
designed to aid it in determining where to draw the dividing line
between exercised and unexercised jurisdiction. In 1954 the Board
reexamined its jurisdictional policies in the light of its experience
under the 1950 standards and revised its jurisdictional standards. At
that time the Board noted that "further changes in circumstances may
again require future alterations of our determinations one way or an-
other." 3 Consistent with this practice of periodic review of its juris-
dictional policies and a direct consequence of the Supreme Court's
decision in P. S. Guss, d/b/a Photo Sound Products v. Utah Labor
Relations Board 4 denying to the States authority to assert jurisdic-
tion over enterprises as to which the Board declines to exercise its
statutory jurisdiction, the Board reexamined its existing jurisdictional
policies and the standards through which such policies were imple-
mented. As a result the Board determined to revise its jurisdictional
policies at this time so that more individuals, labor organizations and
employers may invoke the rights and protections afforded by the
statute. In Siemons Mailing Service 5 the Board fully set forth the
general considerations which persuaded it that this could best be ac-
complished by the utilization of revised jurisdictional standards as
an administrative aid in making its jurisdictional determinations.
The Board has chosen this case to set forth the revised standard to be
applied to enterprises operating communication systems.
The Board has decided that it will better effectuate the policies of
the Act to assert jurisdiction in all future and pending cases involving
enterprises engaged in the operation of radio or television broadcast-
ing stations or telephone or telegraph systems which do a gross volume
of business of at least $100,000 per annum.
In adopting this standard the Board has given due consideration to
all relevant budgetary factors bearing on its capability to handle an
8Edwin D. Wemyss, an individual, d/b/a Coca -Cola Bottling Company of Stockton,
110 NLRB 840, 842.
353 U.S. 1.
122 NLRB 81.
92 DECISIOfcS OF NATIONAL LABOR RELATIONS BOARD
increased caseload, and to comments and briefs of interested ' parties.
received in response-to its invitation contained in the Board's July 22
1958, press announcement of its' proposed changes in jurisdictional
policies.e It is the Board's opinion that in' the light of its current
budgetary limitations and'the*volume of cases which may be expected
under its other standards; the- $100,000 gross volume of business stand-
ard will extend the'Board'a jurisdiction over communications systems,
to the maximum possible extent at-this time and will reasonably ensure
that the Boartl'will assert jurisdictidii Over all labor disputers involving
sauh enterprises which tend to exert a pronounced impact on commerce.'
Application of the $100;000 gross volume of business test for radio
stations to the facts iii this case requires the Board, to assert jurisdic-
tion over the Employer. Accordingly, contrary to the Employer's.
contention, the Board fifids that it will effectuate the: policies of-the
Act to assert jurisdiction herein.
2.' The labor organization involved claims to represent certain em-`
ployees 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 parties stipulated to the appropriate unit as follows :
All staff announcers, special program announcers, news and news-
writer announcers, special program announcers, freelance announcers,
and all other regular employees, including regular part-time employ-
ees who perform before the microphone, employed at the Employer's
New Brunswick, New Jersey, radio station, but excluding engineers,
salesmen, receptionists, clerical employees, guards, and supervisors as
defined in the Act.
In view of the parties' stipulation the Board finds that the foregoing
employees which they would include within the unit, constitute- a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication]
6 (P-570.)
Sioux Valley Empire Electric Association and Local 426, Inter-
national . Brotherhood of Electrical Workers, AFL-CIO, Peti-
tioner. Case No. 18-RC-3620. November 14, 1968
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before William D. ' Boetticher,
122 NLRB No. 18.