The Outlet Co.

National Labor Relations Board - Board Decisions

May 29, 1975

218 N.L.R.B. 21 (N.L.R.B. 1975)

THE OUTLET COMPANY
The Outlet Company and Local Union 1348 of the
International Brotherhood of Electrical Workers,
AFL-CIO-CLC, Petitioner . Case 23-RC-4154
May 29, 1975
DECISION ON REVIEW AND
DIRECTION OF ELECTION
BY MEMBERS JENKINS, KENNEDY, AND
PENELLO
On December 13, 1974, the Regional Director for
Region 23 issued a Decision and Direction of
Election in the above-entitled proceeding, in which
he directed that an election be conducted in a unit of
all employees at the Employer's television station.
Thereafter, in accordance with Section 102.67 of the
National Labor Relations Board Rules and Regula-
tions, Series 8, as amended, the ]Employer filed a
timely request for review of the Regional Director's
decision.
On January 7, 1975, the National Labor Relations
Board by telegraphic order granted the request for
review and stayed the election pending decision on
review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has considered the entire record in this
case with respect to the issues under review and
makes the following findings:
The Petitioner seeks to represent a stationwide unit
composed of essentially all nonsupervisory, nonpro-
fessional employees at station KSAT-TV in San
Antonio, Texas. The Regional Director found that
these employees possessed a sufficient community of
interest to constitute an appropriate unit in large
measure because of the integrated nature of the
Employer's operation. The Employer contends that a
stationwide unit is inappropriate and that an election
should be directed, if at all, in five separate
departmental type units; i.e., programming-pro-
21
duction employees, newspersons, technicians, sales-
men, and clericals.
We find no merit in the Employer's contentions for
we are satisfied that there exists a functional
relationship among all employees who contribute
directly to the production, presentation, and trans-
mission of programs sufficient to warrant their
inclusion, when requested, in a single unit. Bi-States
Company, 117 NLRB 86 (1957); WTAR Radio-TV
Corporation, 168 NLRB 976 (1967). However, in our
opinion the salesmen and clerical employees do not
share a sufficient community of interest with other
employees in the unit to warrant their inclusion. The
salesmen, who are only paid commissions, work
primarily outside of the Employer's facility soliciting
advertisers. As for the clerical employees, it is
apparent that the receptionist, sales secretaries, clerk
messenger , collections clerk, and bookkeeper do not
have any direct involvement in the production
process. Although the BIAS (traffic) employees,
production secretary, and production assistant come
in contact with employees directly involved in the
production and transmission of programs, their
contribution to such programs is only of an indirect
nature. WTAR Radio-TV, supra at 978-979.
Accordingly, we find that the following employees
constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section
9(b) of the Act:
All employees of the Employer at its station
KSAT-TV, San Antonio, Texas, who are directly
involved in or contribute to the production,
presentation, or transmission of programs includ-
ing producer-directors, technicians, production
technicians, film technicians, newspersons, and
other on-the-air personnel, but excluding all
professional employees, clerical employees, sales-
men, guards, and supervisors as defined in the
Act.
[Direction of Election and Excelsior footnote
omitted from publication.]
218 NLRB No. 6