WWEZ Radio, Inc.

National Labor Relations Board - Board Decisions

Nov 6, 1950

91 N.L.R.B. 1518 (N.L.R.B. 1950)

In the Matter of WWEZ RADIO, INC., EMPLOYER and NEW ORLEANS
LOCAL, AMERICAN FEDERATION OF RADIO ARTISTS, AFL, PETITIONER
In the Matter of WWEZ RADIO, INC., EMPLOYER and RADIO BROAD-
CAST ENGINEERS, LOCAL UNION No. 1139 INTERNATIONAL BROTHER-
HOOD OF ELECTRICAL WORKERS, AFL, PETITIONER
rases Nos. 15-RC-389 and 15.-RC-390.-Decided November 6, 1950
DECISION AND DIRECTION OF ELECTIONS
Upon petitions duly filed, a consolidated hearing was held before
Charles A. Kyle, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
these cases to a three-member panel [Chairman Herzog and Members
Houston and Reynolds].
Upon the entire record in these cases, the Board finds :
1. The Employer operates a radio station in the city of New
Orleans. It subscribes to the news service of the Associated Press,
and although not part of any broadcasting network, it broadcasts
programs of national interest through a tieup with another large local
station. During the 6-month period ending June 30, 1950, the Em-
ployer received revenues in excess of $50,000, of which approximately
40 percent was derived from the advertising of nationally distributed
products. Much of this type of advertising is procured through out-
of-State advertising agencies. Recordings for musical programs are
shipped directly to the Employer from outside the State.
We find the Employer is engaged in commerce within the meaning
of the Act and that jurisdiction should be exercised.'
2. The labor organizations involved claim to represent employees
of the Employer.
3. Questions affecting commerce exist concerning the representation
of employees of the Employer within the meaning of Section 9 (c1
(1) and Section 2 (6) and (7) of the Act.
4. In Case No. 15-RC-389, the Petitioner seeks to represent a unit
of the Employer's staff announcers, excluding all other employees and
I WVBSR, Inc., 91 NLRB 630.
91 NLRB No. 232.
1518
WWEZ RADIO, INC.- 1519
supervisors. The Employer would include within this unit the fol-
lowing three individuals whom the Petitioner would exclude.2
Announcer and librarian: Although the Employer designates this
employee 3 as "announcer and librarian," his principal job is to take.
care of the library, cataloguing, handing out to and receiving records
from the other announcers. At one time he regularly opened the
station at 5 or 5: 30 in the morning and acted as announcer until 6
or 6: 30 in the morning. He also filled in time in emergencies. He
has not performed these services, however, for the past 6 to 8 weeks.
Nor is there any indication in the record that the Employer intends
to assign to this employee such services within the foreseeable. future.
We find that the duties of this employee are mainly clerical and shall
exclude him from the unit.
Part-time announcer: This employee h regularly fills in about three
hours a day in announcing. For the rest of his working time, he
is engaged in locating talent and in arranging and participating in
special shows. Although this employee spends the greater part of
his time in other special duties for the Employer, as he does regularly
spend a portion of his working time as announcer, we shall include
him in the unit.-'
Program director: The program director arranges the shifts of
the announcers, and interviews and auditions applicants for employ-
ment. Although the general manager makes his own decisions as
to hiring and discharging of employees, he relies to a considerable
extent on the recommendation of the program director. We find
that the program director is a supervisor within 'the meaning of the
Act and shall exclude him.
In Case No. 15-RC-390, the Petitioner seeks to represent the Em-
ployer's engineer-technicians, excluding the chief engineer. The
Employer would include the latter in the unit.
Chief engineer: This individual arranges the shifts of the other
engineer-technicians, interviews applicants for employment, and
snakes effective recommendations to the general manager for the
2 In its brief , the Employer for the first time objects to the formation of separate units
for its staff announcers and engineer -technicians , asserting that all its employees , excluding
supervisors or in the alternhtive excluding also the salesmen , secretary , and receptionist,
should be joined in a single unit . The Employer' s broadcasting station is located within
the city of New Orleans . Its transmitter , where the engineer-technicians work , is located
outside the city about 20 miles from its broadcasting station. No labor organization seeks
to represent the technician employees and the announcers in a single unit. In accordance
with our previous decisions holding separate units of announcers and of technical and
engineering employees to be appropriate, we find that such units are appropriate in this
case. Middlesex Broadcasting Corporation ( Radio Station IVTAO and WXHR ), 87 NLRB
875; Radio Station KLEE , 87 NLRB 13 ; WDXB Broadcasting Station, 85 NLRB 752.
M. If. Jacoby.
Don J . Grantham.
$ Delaware Broadcasting Company, 82 NLRB 727.
1520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hiring or discharging of the employees with whom he works. We
find that the chief engineer is a supervisor within the meaning of the
Act, and shall exclude him from the unit.
We find that the following groups of the Employer's employees
at its New Orleans, Louisiana, radio station constitute units ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
(1) All staff announcers, including regular part-time announcers,.
but excluding oflrce and clerical employees,6 salesmen, -guards, the
program director, and all other supervisors as defined in the Act..
(2) All engineer-technicians, excluding office and clerical em
ployees, salesmen, guards, the chief engineer, and all other supervisors
as defined in the Act.
5. As the part-time announcer is occupied during the greater part
of his working time in other. duties for the Employer, and spends
less than 50 percent of his time as announcer, we find that he is there-
fore, in accordance with our past decisions, ineligible to vote in a unit
of staff announcers.7
[Text of Direction of Elections omitted from publication in this
volume.]
6 As their duties are principally clerical, we shall exclude Clara Holmes, classified as
"clerk," and Jennie Vaccaro, classified as "traffic," from both units described above
7 Delaware Broadcasting Company, supra.