Station WBRE

National Labor Relations Board - Board Decisions

Aug 25, 1944

57 N.L.R.B. 1611 (N.L.R.B. 1944)

In the-Matter of Louis G. BALTIMORE; TRADING AS STATION WBRE and
AMERICAN COMMUNICATIONS ASSOCIATION, C. I. O.
Case No. 4-R-1422.-Decided August • 25, 1914
Messrs. Hopkvn T. Rowlands and Louis G. Baltimore, of Wilkes-
Barre , Pa., for the Company.
111r. Michael Mignon, of New York City, and Mi. Joseph M. Walsh,
of Wilkes-Barre, Pa., for the Union.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
DIRECTION- OF ELECTION
STATEMENT-OF THE CASE
Upon a petition duly filed by American Communications Associa-
tion, C.I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Louis G. Baltimore, Trading as Station WBRE, Wilkes-Barre,
Pennsylvania, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice be-
fore Eugene M. Purver, Trial Examiner. Said hearing was held at
Wilkes-Barre, Pennsylvania, on July 17, 1944. The Company and the
Union appeared and participated. All parties were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues. At the hearing the Com-
pany moved to dismiss the petition on the following grounds : (1)
that the Company was not within the jurisdiction of the National
Labor Relations Act, (2) that the unit sought by the Union is inappro-
priate, and (3) that the Union does not represent a majority of em-
ployees within the appropriate unit. For reasons hereinafter stated
the said motion is hereby denied., The Trial Examiner"s rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
57 N. L. R.-B., No. 266
1611
1612 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Louis G. Baltimore operates radio station WBRE in Wilkes-Barre,
Pennsylvania, under license from the Federal Communications Com-
mission. Although the Company claims that the effective range of
its transmitter does not extend beyond the confines of the Common-
wealth of Pennsylvania, it rebroadcasts programs received from the
National Broadcasting Company, of which it is an affiliate, within
its local area. Approximately 50 percent of the Company's revenue
is derived from, and 50 percent of its broadcast time is devoted to, the
rebroadcast of pickups received by telephone across State lines from
the National Broadcasting Company.
We find, contrary to its contention, that the Company is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION. INVOLVED,
American Communications Association, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of any of, its employees'until the
Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number, of em-
ployees in the unit hereinafter found appropriate
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
The Union seeks a unit comprising technicians, announcer-tech-
nicians', and the chief engineer. The Company contends that an ap=
propriate unit should include all its employees, except the musicians.
1 The Field Examiner reported that the Union submitted five authorization cards ; that
all five of the cards were dated, April 15, 1944 ; and that there are eight employees in the
unit petitioned for
The Company claims that the petition should be dismissed because the Union has failed
to submit proof that it represents a majority of the Company's employees The claim is
without merit To be entitled to an election under the Board's procedure, the Union need
only submit prima facie evidence that it represents a substantial number of employees in
the unit claimed to be appropriate ; this the Union has done. See Matter of The Regina
Corporation , 57 N. L R . B, No. 2, and cases cited therein.
LOUIS G BALTIMORE 1613
The technicians, including the chief engineer, are licensed by the
government and operate the station's transmitter which is located
about 2 miles from the studio. The chief engineer has no power to
hire, discharge, or discipline any employees. The Company admits
that he is not a supervisory employee. The announcer-technicians, in
addition to their duties as announcers, also operate the control board
in the studio. The unit-thus sought includes all the technical em-
ployees connected with the operation of the broadcasting station. The
Board has held that technicians of the kind here described may con-
stitute a separate unit appropriate for the purposes of collective bar-
gaining.2 Although the announcer-technicians do not possess the same
degree of skill as the technicians, we are of the opinion, nevertheless,
that the interest of the 2 groups of employees are sufficiently alike to
permit them to be adequately represented in a single bargaining unit.
We find that all technicians,3 announcer-technician S,4 and the chief
engineer, excluding all supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively reconzlnend such action, constitute a unit
appropriate for the purposes Hof collective bargaining within-the mean-
ing of Section 9 (b)• of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein , subject to the limitations 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 Relations Act,
and pursuant to Article III, Section 9, of the National Labor Rela-
tions Board Rules and Regulations-Series 3, as amerbded, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Louis G. Balti-
more, Trading as Station WBRE, Wilkes-Barre, Pennsylvania, an
election by secret ballot shall be conducted as early as possible, but
2 Matter of Columbus Broadcasting Company, Inc., 56 N. L. R . B 1182 ; Matter of Inter-
City Advertising Co, Inc, 55 N. L R. B 1415 ; Matter of Colorado Radio Corp , 55 N. L.
R. E. 423.
3 This category includes those employees described as "operators " on the Company's pay
roll
4 This category includes Robert Sakoski and A. Grady . a regular part-time employee.
i
1614 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
not later than thirty (30) days from the date'of this Direction, under
the direction and supervision of the-Regional Director for the Fourth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject'to Article III, Sections'10 and 11, of said
Rules and Regulations, among the employees in the unit found appro
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, 'including
employees who did not work. during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including employees
in the armed forces of the United•States who present themselves in per-
son at the polls, 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, to determine whether or not they
desire to be represented by, American Communications Association,
C. I. 0., for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above De-
cision and Direction of Election.
I