The WPTF Radio Co.

National Labor Relations Board - Board Decisions

Mar 22, 1949

82 N.L.R.B. 254 (N.L.R.B. 1949)

In the Matter of THE WPTF RADIO COMPANY, EMPLOYER and NA-
TIONAL ASSOCIATION OF BROADCAST ENGINEERS AND TECHNICIANS,
PETITIONER
Case No. 34-RC-85
SUPPLEMENTAL DECISION
AND
ORDER
March 22, 1949
On December 15, 1948, the Board issued a Decision and Direction of
Election in the above-named case. Thereafter, the Petitioner requested
reconsideration of the said Decision and Direction of Election and on
December 24, 1948, the Board issued a Notice to Show Cause why it
should not amend the said Decision and Direction of Election to pro-
vide a separate election among turntable operators with the provision
that if a majority of the turntable operators vote for the Petitioner
and if a majority of all other employees in the unit described in the
original decision vote for the Petitioner, the Board may find that the
turntable operators, radio engineers and technicians together con-
stitute an appropriate bargaining unit.
In its original decision herein, the Board excluded turntable oper-
ators from the unit of radio engineers and technicians which it found
appropriate for the purposes of collective bargaining with the Em-
ployer. The Petitioner contends that the Board should reconsider
its original decision herein and include the turntable operators in the
unit of radio engineers and technicians for the following reasons :
(1) The case of Matter of National Broadcasting Company,
Inc., 59 N. L. R. B. 478, is authority for including turntable opera-
tors in units of radio engineers and technicians where there is
absent a contrary history of collective bargaining;
(2) There is "functional coherence" between the turntable op-
erators and the radio engineers and technicians;
(3) It has been the practice in the radio broadcasting industry
to group turntable operators with engineers for the purposes
of collective bargaining.
In Matter of National Broadcasting Company, Inc., supra, we found
that the operation of turntables in radio broadcasting stations requires
82 N. L. R. B., No. 30.
254
THE WPTF RADIO COMPANY 255
neither technical nor musical skill. In that case, the record disclosed
that the turntables were operated at the Chicago, Illinois, radio stations
of the Employers by members of the musicians union and at all the
other radio stations of the Employers by members of N. A. B. E. T.
This situation developed out of a difference in the physical layout of
the two groups of stations. In the Chicago radio stations, the turn-
tables were located in the studio proper and the employees operating
them performed no other work ; whereas, in the other stations the turn-
tables were located in the engineers' booth and the radio engineers
operated them as well as the control panel. The Board in that case
followed the prior history of collective bargaining at the radio stations
and excluded the turntable operators at the Chicago radio stations
of the Employers from the network-wide units of radio engineers and
technicians which it found appropriate for the purposes of collective
bargaining.
The location and operation of the turntables at radio station WPTF,
involved in this proceeding, parallels the Chicago radio stations of
the National Broadcasting Company. At station WPTF, the turn-
tables are located in the studio proper and are physically separated
from the control room. The record reveals that the turntable oper-
ators require no technical skill in the performance of their work. Fur-
thermore, the turntable operators are included in the program depart-
ment of the Employer and, in addition to operating turntables, these
employees perform other work for the program department. The
turntable operators do not perform any technical or engineering
duties.
The Petitioner contends that there is a "functional coherence" be-
tween the turntable operators and the radio engineers and technicians
because the operators of the turntables must rely on signals and cues
from the engineers. However, announcers and other participants in
a broadcast program, whom the Petitioner does not seek to include
in the requested unit, also take their cues from the engineers. Thus,
there is no greater integration of the activities of the engineers and
the turntable operators than of the activities of the engineers and
other employees. The, limited coordination of the duties and func-
tions of the turntable operators and engineers is insufficient to per-
suade us that these two groups of employees together constitute a
homogeneous bargaining unit.
Finally, the Petitioner urges, as reason for including the turntable
operators in the unit of radio engineers and technicians, that histori-
cally in the radio broadcasting industry turntable operators have
always been included in units of radio engineers and technicians.
However, there is no evidence in the record developed at the hearing
256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nor has the Petitioner in support of its motion for reconsideration sub-
mitted any evidence to buttress its contention that such historical prac-
tice exists in the industry. Moreover, although the Petitioner con-
tends that it has bargained with the Employer with reference to
wages, hours, and conditions of employment for the turntable opera-
tors, the record reveals that the turntable operators have been specif-
ically excluded from the bargaining unit represented by the Petitioner
in the previous contracts negotiated by the Petitioner with the Em-
ployer.
From the record as a whole, it appears that the turntable operators
and the radio engineers and technicians do not have similar skills or
functions, that they are in separate departments, and that their condi-
tions of employment are disparate. Upon the facts of this case, we
find that the turntable operators do not have sufficient interests in
common with the radio engineers and technicians to be included with
them in a single bargaining unit. Accordingly, we shall deny the Pe-
titioner's motion for reconsideration.
ORDER
IT IS HEREBY ORDERED :
(1) That the motion of the Petitioner herein for reconsideration
of the Decision and Direction of Election, dated December 15, 1948,
be, and the same hereby is, denied;
(2) That the order dated December 24, 1948, staying the election
in this case be, and the same hereby is, vacated;
(3) That an election by secret ballot shall be conducted as early as
possible, but not later than 30 days from the date of this Order, among
the employees in the voting group described in paragraph numbered 4,
in the Decision and Direction of Election, dated December 15, 1948, and
in accordance with the terms of such Direction of Election.
(CHAIRMAN HERZOG and MEMBER HOUSTON took no part in the con-
sideration of the above Supplemental Decision and Order.