Wyoming Radio, Inc.

National Labor Relations Board - Board Decisions

Feb 16, 1961

130 N.L.R.B. 390 (N.L.R.B. 1961)

390 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
views the forms when observations are being made and bases her
judgment of the operators' competency, at least in part, on them. In
addition to the above duties, the "supervisors" are responsible for the
operation of the traffic department between 7 a.m. and midnight on
weekends and between 7 and 8 a.ln. and 9 p.m. and midnight on week-
days, hours during which no chief operator is present, and at such
times exercise discretion in assigning overtime. They receive a "relief
differential" for tours or shifts between 8 a.m. and midnight on
weekends.
The Board has recently found that employees classified as "super-
visors" at the other Montana offices of the Employer are supervisors
within the meaning of the Act.3 The duties of the "supervisors"
herein, though different in some respects from those of the similarly
classified employees at the other Montana offices, are not so materially
distinguishable as to warrant a different determination of supervisory
status. Accordingly, we find that the "supervisors" at the Employer's
Missoula, Montana, office are supervisors within the meaning of the
Act and should be excluded from the previously certified unit. We,
therefore, grant the instant motion to remove them from the bargain-
ing unit because they are supervisors.
[The Board excluded the classification of "supervisor."]
3 See The Mountain States Telephone and Telegraph Company (not published in NLRB
volumes ) ; The Mountain States Telephone & Telegraph Company, 126 NLRB 676,
Wyoming Radio , Inc. and National Association of Broadcast
Employees and Technicians , AFL-CIO. Cate No. A041.
February 16, 1961
ADVISORY OPINION
This is a petition filed by Edward M. Lynch, regional director for
region 2 of the National Association of Broadcast Employees and
Technicians, AFL-CIO, herein called Petitioner, pursuant to Section
102.98 of the Board's Rules and Regulations, Series 8, praying for an
advisory opinion as to whether the Board would assert jurisdiction
over the operations of Wyoming Radio, Inc., herein called the Em-
ployer. Thereafter, on December 22, 1960, the Employer filed an
answer to the petition.
A. In substance, the petition and its attachments allege as follows:
1. The Employer is engaged in the business of commercial radio
programing and transmission at Nanticoke, Pennsylvania. In a rep-
resentation proceeding held before the Pennsylvania Labor Relations
Board, herein called the Pennsylvania Board, the Employer admitted
130 NLRB No. 41.
WYOMING RADIO, INC. 391
that its gross annual business for the fiscal year ending August 29,
1959, was $75,000.
2. On August 8, 1960, after the Petitioner won the election in the
representation proceeding, the Pennsylvania Board issued a nisi order
of certification setting forth that the Petitioner had been selected as
the exclusive representative of Employer's employees.
3. Thereafter, on August 16, the Employer filed exceptions to the
nisi order on the grounds, inter alia, that the Pennsylvania Board
erred in asserting jurisdiction over the Employer without considering
a 4-week financial statement, the figures of which, if projected for a
full year, would have indicated a gross annual income in excess of
$100,000 for the fiscal year ending May 31, 1961. Such a projection,
according to the Employer, would result in "restoring jurisdiction to
the National Labor Relations Board and a priori removing jurisdic-
tion from the Pennsylvania Labor Relations Board."
4. On September 8, 1960, the Pennsylvania Board issued its final
order dismissing the Employer's exceptions and making the nisi order
final and absolute. In so doing, the Pennsylvania Board refused to
project the 4-week figures because commerce data for a recent annual
period was available to it-to wit the fiscal year ending August 29,
1959.1
5. Based upon refusal-to-bargain charges, the Pennsylvania Board,
on September 19, issued a complaint in Case No. 87 for the year ending
1960, naming the Employer as respondent. The complaint has been
noticed for hearing.
6. There is no petition or charge now pending before the National
Labor Relations Board with respect to this matter.
B. In its answer to the petition herein, the Employer alleges as
follows :
1. The substance of the allegations in the petition is admitted by
the Employer. Its gross annual business for the fiscal year ending
August 29, 1959, was $75,517.07; while its gross annual business for
the fiscal year ending August 27, 1960, was $85,387.94. During the
15-week period between August 27 and December 10, 1960, the Em-
ployer's gross business was $26,698.25.
2. In addition, the Employer alleged that, at the hearing before
the Pennsylvania Board in the aforementioned unfair labor practice
Case No. 87 of 1960, it objected to the jurisdiction of the Pennsylvania
Board and submitted a commerce questionnaire in support of its ob-
jection, This questionnaire, a copy of which was attached to the
Employer's answer herein, substantiates the commerce data herein-
above set forth.
IIn support of this position , the Pennsylvania Board cited the Board 's decision in
Aroostook Federation of Farmers , Inc., 114 NLRB 538, and the General Counsel's speech
of August 31, 1960 , delivered at Hershey , Pennsylvania.
392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. The Employer has no objections to the assertion of jurisdiction
by the National Labor Relations Board.
C. On the basis above, the Board is of the opinion that :
1. The Employer, operating a radio station; is engaged in the busi-
ness of commercial radio programing and transmission.
2. The Employer's gross volume of business was $75,517.07 for the
fiscal year ending August 29, 1959, and was $85,387.94 for the fiscal
year ending August 27, 1960. If the Board were to project for a year
the figure of $26,698.25 for the 15-week period between August 27 to
December 10, 1960, the gross volume of business would be $92,553.93.
3. The Board's standard for exercising jurisdiction over enterprises
engaged in the operation of radio stations is a minimum gross volume
of business of $100,000 per annum. Raritan Valley Broadcasting
Company, Inc., 122 NLRB 90.
Accordingly, the parties are advised, pursuant to Section 102.103
of the Board Rules and Regulations, Series 8, that:
The Board would not assert jurisdiction herein because the facts
submitted do not establish that the Employer's operations meet the
Board's standard for asserting jurisdiction over radio stations.
Fred L . Roberts and Plumbers and Pipefitters Local Union
No. 350 and Sheet Metal Workers Local Union No. 26. Case
No. A0-f20. February 16, 1961
ADVISORY OPINION
This is a petition filed by Plumbers and Pipefitters Local Union
No. 350 and Sheet Metal Workers Local Union No. 26, herein jointly
called Petitioners, under the Board's applicable Rules and Regula-
tions, requesting an advisory opinion as to whether it would assert
jurisdiction over the operations of Fred L. Roberts. Said petition
alleges in substance that :
1. Petitioners are defendants in a suit brought against them by said
Roberts in the First Judicial District Court of the State of Nevada.
Said case is docketed as Case. No. 22720 in said court. (The nature of
said suit is not given.)
2. Said Roberts, since April 1960, has been engaged in Carson City,
Nevada, as a subcontractor in the plumbing, heating, and air-
conditioning business. Prior to that time he was engaged at Fresno,
California, in a similar business.
3. During the first quarter of 1960, while he was operating in Cali-
fornia, Roberts purchased materials valued at $38,875, approximately
half of which came to him "directly or indirectly from outside that
State." When he removed his business to Nevada, Roberts took with
.him and transferred approximately "$7,000 worth of these materials"
130 NLRB No. 40.