The Columbus Broadcasting Co., Inc.

National Labor Relations Board - Board Decisions

Jun 3, 1944

56 N.L.R.B. 1182 (N.L.R.B. 1944)

In the Matter of THE COLUMBUS BROADCASTING COMPANY, INC. and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS , , LOCAL
UNION No. 1193, AFFILIATED WITH AMLRICAN'FEDERATION of LABOR
Case, No. 10-R-1177. ,Decided June 3, 19414
Weekes cC Candler, by Messrs. Emmett B. Cartledge, and John
Wesley Weekes, of Decatur, Ga., for'the Company. -
Messrs. Henry H. Fincher and John_A. Thompson, of Montgomery,
11 Ala., for the Union.
Mr. John ' A. -Weiss , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE' CASE
Upon a petition duly filed by International Brotherhood of Elec-
trical, Workers, Local- Union No. 1193,, affiliated with American Fed-
eration of Labor, herein called the Union, alleging that a question
affecting commerce had arisen • concerning the representation of
employees of The' Columbus Broadcasting Company, Inc., herein
called- the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Paul S. Kuelthau,
Trial Examiner. Said hearing was held at Columbus, Georgia, on
May 3, 1944. The Company and the Union appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to iiitroduce evidence bearing on the issues.
At the hearing, the Company moved to dismiss the petition on the
ground that the unit sought by the Union is' inappropriate. For
reason's appearing hereinafter, the motion is hereby denied. The
Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. All parties were afforded op-
portunity to' file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
56 N. L. R B, No. 211.
1182-
THE COLUMBUS BROADCASTING COMPANY, INC.
FINDINGS OF FACT
I. THE BUSINESS OF TIDE COMPANY
'1183
The Columbus Broadcasting Company, a Georgia corporation, is
engaged in operating a radio station at Columbus, Georgia,' under the
call letters WRBL, for the purposes of broadcasting radio pro-
grams. The Company is an affiliate of the Columbia Broadcasting
System, a national broadcasting Organization.' Programs of that net-
work, which are broadcast on a national scale and transmitted locally
by Station WRBL, constitute approximately 40 percent of the oper-
ating broadcasting time of Station WRBL. It is a 250-watt station
and its programs have a broadcast range outside the State of Georgia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers, Local Union No.
1193, affiliated with the American Federation of Labor is a labor
organization admitting to membership 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 its technicians until the Union
has been certified by the Board.
A statement prepared by the Field Examiner and introduced in evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be 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 composed of all technicians employed full
time, at the Company's transmitter, including the chief engineer.2
The Company agrees, but would include two studio announcers who are
also licensed technicians.
The Field Examiner reported that the Union submitted a,petition bearing the names of
four employees of the seven in the unit alleged to be appropriate.
z The engineering department employees, headed by the chief engineer and comprising four
full-time technicians plus three regular part-time student technicians, are engaged prin-
.cipally, in work at the broadcasting transmitter, located outside the town of Columbus.
They also perform some maintenance and technical work at the studios as well as necessary
'.technical work for remote-control broadcasts. They are licensed, in varying degrees, by the
Federal Communications Commission. -
1184 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The two .announcers at the studio. operate recording machinery.
Although they qualify as technicians, they are not eir_ployed as such,
but as announcers. We shall-exclude them.3
The Union would include the chief engineer and the Company
questions his inclusion because of his 'osition. The record indicates
that he is in charge of the transmitter station, assigns and supervises
the work of all the technicians, and has authority to effectively recom-
mend their hire and discharge. We find that he falls -,^ithin our cus-
tomary definition of a supervisory employee and, accordingly, we
shall exclude him.
We find that all technicians employed in the Company's engineering
department, excluding the chief engineer and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for,the purposes of
collective bargaining, within the meaning of Section 9 (b) of the Act.
V. TILE DETERMIN ATION OF REPRESENTATIVES
i
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.
The parties were unable to agree with respect to the eligibility of
three part-time high school student employees, whom the Union urges
are ineligible to vote and the Company contends are eligible. They
work approximately 20 to 25 hours each week. on regular schedules
as do other technical employees. In our opinion, they perform a suf-
ficient amount of technical work in the engineering department to
give them a substantial interest in the conditions of employment
therein. We find, therefore, that they are eligible to vote.4
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 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with the Columbus
3 See Matter of Colorado Radio Corporation, 55 N L R. B. 78'; Matter of Inter-City
Ad oertisano Co, Inc, Operators of WAYS, Charlotte, N C., 55 N . L R B 256
? See,Matter of Federal Scientific Instrument Corp., 49 N, L. R. B. 362 ; Matter of Wagner
Folding Box Corporation , 49 N. L. R B: 346.
THE COLUMBUS BROADCASTING COMPANY, INC. 1185
Broadcasting Company, Inc., an., election by secret ballot shall be con-
ducted 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 Tenth Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III,
Sections 10 and 11, of said Rules and Regulations, among the em-
ployees in the unit found appropriate 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 person at the polls, but excluding
any who have since quit or been discharged for cause and have not
been rehired.or reinstated prior to the date of'the election, to deter-
mine whether or not they desire to be represented by International
Brotherhood of Electrical Workers, Local Union 1193,5 for the pur-
poses of collective bargaining.
Union's name,-at its request , to appear on ballot in this form and in the event it wins
the election to be certified as set forth in Section II.