WBAL Division -The Hearst Corp.

National Labor Relations Board - Board Decisions

Feb 20, 1956

115 N.L.R.B. 501 (N.L.R.B. 1956)

WBAL DIVISION-THE HEARST CORPORATION 501
The Petitioner also excepts to the manner in which the Regional
Director conducted his investigation. It contends that "the interview
of employees on company premises could not result in a complete and
adequate investigation." We do not agree. The interviewing of em-
ployees on the Employer's premises does not create such a coercive at-
mosphere as to render the investigation unreliable when there is no
showing that a representative of the Employer was present during the
interviews?
In view of the foregoing, we overrule the Petitioner's objections.8
As the Petitioner failed to receive a majority of the valid ballots cast,
we shall certify the results of the election.
[The Board certified that a majority of the valid ballots was not
cast for General Drivers, Salesmen & Warehousemen's Local 984, In-
ternational Brotherhood of Teamsters, Chauffeurs, Warehousemen &
Helpers of America, AFL-CIO, and that this Union is not the exclu-
sive representative of the employees at the Memphis, Tennessee, plant
of Malone & Hyde, Inc., in this unit.]
7 National Petro-Chemicals Corporation, 107 NLRB 1610, 1611.
8 Other conduct objected to by the Petitioner concerned the holding of two picnics,
although no picnics for employees had been held in the past. The Regional Director's
investigation disclosed that the Employer's decision to hold the picnics was made, the
employees were aware of the decision , the dates were set, and a bulletin concerning one
of the picnics was distributed prior to the filing of the petition and execution of the con-
sent election agreement herein. Nor was there disclosed any unusual circumstances in
the conduct of the picnics or any evidence of objectionable conduct on the part of the
Employer at the picnics. Accordingly, the Regional Director, relying on F. W. Woolworth
Oo., 109 NLRB 1446, found that the circumstances were not of such nature as to inter-
fere with the employees ' freedom of choice. The Petitioner filed no exception to this
finding.
WBAL Division-The Hearst Corporation and International Alli-
ance of Theatrical Stage Employes and Moving Picture Machine
Operators of the United States and Canada , AFL-CIO, and
Brotherhood of Painters , Decorators & Paperhangers of Amer-
ica, AFL-CIO, Petitioners. Cases Nos. 5-RC-1806 and 5-RC-
1878. February 20,1956
SUPPLEMENTAL DECISION AND ORDER
Pursuant to a petition in Case No. 5-RC-1806, filed by International
Alliance of Theatrical Stage Employes and Moving Picture Machine
Operators of the United States and Canada, AFL-CIO, herein called
IATSE, the Board on November 30, 1955, issued a Decision and Direc-
tion of Election (not reported in printed volumes of Board Decisions
and Orders) wherein it found appropriate a unit of floor directors and
artists in the program department at the Employer's television station,
WBAL-TV. On December 27, 1955, the Brotherhood of Painters,
115 NLRB No. 83.
502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Decorators & Paperhangers of America, AFL-CIO, herein called the
Painters , which had not been served with notice of Case No. 5-RC-
1806, moved to intervene in that proceeding and at the same time filed
a petition in Case No. 5-RC-1878, seeking a unit of artists in the pro-
gram department . Thereupon an election which had been scheduled
in Case No. 5-RC-1806, was postponed, and a hearing was held upon
the Painters' petition before Louis S. Wallerstein, a hearing officer
of the Board. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. By stipulation
of the Employer and the Painters the record in Case No. 5-RC-1806
was made a part of the record in Case No. 5-RC-1878. Inasmuch
as the Painters has made an appropriate showing of interest among
the artists involved in Case No. 5-RC-1806, we grant its motion to
intervene in that case. ' IATSE, which did not desire the inclusion of
artists in the unit it petitioned for, did not appear or seek to intervene
in Case No. 5-RC-1878 though served with notice of the hearing. For
decisional purposes the Board hereby consolidates Cases Nos. 5-RC-
1806 and 5-RC-1878.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel [Chairman Leedom and Members Peterson and Rodgers].
We consider now the Painters' request for a separate unit of artists.
The Painters contends that such a unit is an appropriate craft unit
and, in support of its contention, offered testimony that its training
period for artists, letterers, and designers is generally 4 years, with
2 years of training in a shop after the apprenticeship is served. The
Painters' witness was not prepared, however, to testify specifically
concerning the artists employed by the Employer, and the record con-
tains no evidence as to their previous education, training, experience,
or qualifications.
As indicated in the Board's original decision in this matter, the
Employer's artists are a part of the production department, a major
subdivision of the program department which also includes film
editors, directors, and the traffic department and is headed by a man-
ager . The production department is directly supervised by a produc-
tion supervisor and employs 2 artists, 8 floor directors, and 2 porters.
The artists design and/or lay out sets, back drops, scenery, and
letter-art work for programs, station breaks, and commercial and
public service announcements . They use initiative and imagination
in such duties and work under the supervision of the production su-
pervisor. -Because of the crowded conditions at the studio, it was
necessary to move the art department into a building a block from
the-television station. However, there is a small semiart studio- lo=
1 See Ford Motor Company, 100 NLRB 813.
WBAL DIVISION-THE HEARST CORPORATION - 503
cated -at the station. - Scenic painting and large props are painted in
the building away from the, station; the Emboss-o-graph, a lettering
machine, is located in the small studio room adjacent to the office
of the production supervisor. Both of the artists do scenic painting
and show card lettering: 80 percent of the work-of one artist consists
of scenic painting, and 20, percent lettering; while the other artist
does 90, percent lettering (60 percent on the Emboss-o-graph) and
10 percent scenic painting. The ' artists work' alternate shifts, one
from 9 a. m. to 5 p. m. and the other from 5 to 9: 30 or 10 p. m.,
.depending on the amount of work to be completed that day. Usually-
on Saturdays, one of the artists performs some work normally done
by a floor director, pulling cards for a quiz show and setting and
striking shows.
In addition to the two artists, a program supervisor does a great
deal of scenic work. He uses the floor directors in the production
-department for the bulk of the painting, telling them where and what
to do. Occasionally, floor directors assist the two artists in painting,
usually applying paint over large areas. In such cases, the artist
-would instruct the floor director and such painting would not be deli-
cate work. Floor directors also make show cards, which they usually
prepare in the art studio away from the station, and use the Emboss-
o-graph, which is used by one of the artists for about 60 percent
of the lettering work he does.
The production supervisor testified that if a floor director showed
artistic talent, he would try to let the floor director do some painting,
designing, etc., in order to utilize this talent to the best advantage.
One instance was recalled where a floor director became a director
and then moved on to become art director at the studio.
Although artists are paid a weekly salary and floor directors by
the hour, their fringe benefits are the same. Artists receive 2 weeks'
vacation with the 5 regular holidays since it is not necessary that they
work on holidays, but, as floor directors must work on holidays, they
receive 3 weeks' vacation.
In view of the above facts, we find that the record fails to establish
that the artists are a craft group entitled to separate representation
apart from the floor directors? We shall, therefore, dismiss the pe-
tition in Case No. 5-RC-1878 and reaffirm our prior decision in Case
No. 5-RC-1806 directing an election in the following unit :
All employees in the production subdivision of the program de-
partment 9 at the Employer's television station, WBAL-TV, Balti-
a See Reynolds Metals Company, 108 NLRB 821, and American Potash & Chemical Cor-
poration, 107 NLRB 1418, as to the Board's standards for establishing craft units.
a We change the term "property division " used in the unit description of our original
decision to "production subdivision" as the latter term appears to conform to the Em-
ployer's organizational description.
504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
more, Maryland, including floor directors and artists, but excluding
porters, guards, professional employees, and supervisors as defined in
the Act.
If the Painters desires to participate in an election in this unit, it
may have its name placed on the ballot by so requesting the Regional
Director within 5 days from date of this decision.
[The Board dismissed the petition in Case No. 5-RC-1878.]
Hughes Aircraft Company 1 and United Association of Journey-
men and Apprentices of the Plumbing and Pipefitting Industry
of United States and Canada , Local 545,2 Petitioner and United
Association of Journeymen and Apprentices of the Plumbing
and Pipefitting Industry of United States and Canada, Refrig-
eration Fitters Branch , Local 2501 and Sheet Metal Workers
International Association, Local Union No . 170, Joint Petition-
ers and Locals 250 and 545, and Sheet Metal Workers Interna-
tional Association , Local Union No. 170,' Joint Petitioners.
Cases Nos. 21-RC-4103, 21-RC-4098, and 21-RC-411E. Febru-
ary 20,1956
DECISION, ORDER, AND DIRECTION OF ELECTION
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relations Act, a consolidated hearing was held before
Ben Grodsky, hearing officer. The hearing officer's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in these cases, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim 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.5
I The Employer 's name appears as amended at the hearing.
2 Hereinafter called Local 545
a Hereinafter called Local 250.
a Hereinafter called the Sheet Metal Workers. The hearing officer allowed the Sheet
Metal Workers to join Local 250 and Local 545 as Joint Petitioners in Cases Nos.
21-RC-4098 and 21-RC-4112 The Intervenor , Aircraft Industrial Workers Local 1553,
AFL-CIO, questioned the sufficiency of the Sheet Metal Workers' showing of interest and
moved to dismiss the petitions on that ground . As a labor organization 's showing of
interest is an administrative matter to be determined solely by the Board , the motion to
dismiss is denied General Electric Company , Distribution Transformer Department, 110
NLRB 992 Moreover , we are administratively satisfied that the Sheet Metal Workers'
showing of interest was adequate.
6 At the hearing the Intervenor contended that its November 9, 1953 , collective-bargain-
ing contract with the Employer , covering the Culver City and Los Angeles Airport site
115 NLRB No. 77.