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Radio Union v. Broadcast Serv

U.S.
Mar 15, 1965
380 U.S. 255 (1965)

Summary

holding that two entities were a single employer and therefore that their gross receipts could be totaled together to establish jurisdiction under the National Labor Relations Act

Summary of this case from Llampallas v. Mini-Circuits, Lab., Inc.

Opinion

CERTIORARI TO THE SUPREME COURT OF ALABAMA.

No. 61.

Argued March 2-3, 1965. Decided March 15, 1965.

The National Labor Relations Board declines jurisdiction over radio stations with yearly gross receipts below $100,000, but takes jurisdiction where several nominally separate entities comprise an integrated enterprise of a single employer having receipts in excess of that figure. Where, as here, the criteria of interrelation of operations, common management and ownership, and centralized control of labor relations are met, the Board will assert jurisdiction, and state jurisdiction must yield.

276 Ala. 93, 159 So.2d 452, reversed.

J. R. Goldthwaite, Jr., argued the cause and filed a brief for petitioners.

Willis C. Darby, Jr., argued the cause for respondent. With him on the brief was George E. Stone, Jr.

Solicitor General Cox, Arnold Ordman, Dominick L. Manoli and Norton J. Come filed a brief for the United States, as amicus curiae, urging reversal.


The union, Radio and Television Broadcast Technicians, challenged the Alabama Circuit Court's jurisdiction over a suit by Broadcast Service of Mobile, the corporate name of Radio Station WSIM, to restrain peaceful picketing by the union and its solicitation of advertisers aimed at persuading them to cease doing business with the station. It contended that although the annual gross receipts of WSIM are below the National Labor Relations Board's jurisdictional minimum of $100,000 per year for radio stations, WSIM is an integral part of a group of radio stations owned and operated by Charles W. Holt and the Holt Broadcasting Service and that the annual receipts of the common enterprise are in excess of $100,000, which is determinative under the Board's standards. Stating that every court has judicial power to determine its jurisdiction and that the union failed to allege "that the appellant's [WSIM's] gross business exceeded $100,000 per annum," the Alabama Supreme Court held that the state courts had jurisdiction over WSIM's complaint. We granted certiorari. 379 U.S. 812. The judgment below must be reversed.

Although a state court may assume jurisdiction over labor disputes over which the National Labor Relations Board has, but declines to assert, jurisdiction, 29 U.S.C. § 164 (c)(1) and (2) (1958 ed., Supp. V), there must be a proper determination of whether the case is actually one of those which the Board will decline to hear. Hattiesburg Building Trades Council v. Broome, 377 U.S. 126. The Board will assert jurisdiction over an employer operating a radio station if his gross receipts equal or exceed $100,000 per year, Raritan Valley Broadcasting Co., 122 N.L.R.B. 90, and in determining the relevant employer, the Board considers several nominally separate business entities to be a single employer where they comprise an integrated enterprise, N.L.R.B. Twenty-first Ann. Rep. 14-15 (1956). The controlling criteria, set out and elaborated in Board decisions, are interrelation of operations, common management, centralized control of labor relations and common ownership. Sakrete of Northern California, Inc., 137 N.L.R.B. 1220, aff'd 332 F.2d 902 (C.A. 9th Cir.), cert. denied, 379 U.S. 961; Family Laundry, Inc., 121 N.L.R.B. 1619; Canton, Carp's, Inc., 125 N.L.R.B. 483; V. I. P. Radio, Inc., 128 N.L.R.B. 113; Perfect T. V., Inc., 134 N.L.R.B. 575; Overton Markets, Inc., 142 N.L.R.B. 615. The record made below is more than adequate to show that all of these factors are present in regard to the Holt enterprise and that this is not a case which the Board has announced it would decline to hear. Since the conduct set out in the complaint is regulated by the Labor Management Relations Act, 1947, 29 U.S.C. § 141 et seq. (1958 ed.), "due regard for the federal enactment requires that state jurisdiction must yield." San Diego Building Trades v. Garmon, 359 U.S. 236, 244: Construction General Laborers' Union v. Curry, 371 U.S. 542.

The United States, as amicus curiae, confirms the view that the Board's standards for determining a single employer enterprise were fully satisfied by the structure and operation of the Holt stations.

Reversed.


Summaries of

Radio Union v. Broadcast Serv

U.S.
Mar 15, 1965
380 U.S. 255 (1965)

holding that two entities were a single employer and therefore that their gross receipts could be totaled together to establish jurisdiction under the National Labor Relations Act

Summary of this case from Llampallas v. Mini-Circuits, Lab., Inc.

holding that several related entities may be considered a single employer "where they comprise an integrated enterprise" for purposes of establishing jurisdiction of National Labor Relations Board

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adopting single employer criteria established by the NLRB

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adopting single employer criteria established by the National Labor Relations Board

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noting that the single employer test examines "interrelation of operations, common management, centralized control of labor relations and common ownership"

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In Radio & Television Broadcast Technicians Local Union 1264 v. Broadcast Service of Mobile, Inc., 380 U.S. 255, 256, 85 S.Ct. 876, 13 L.Ed.2d 789 (1965), the Supreme Court approved of the test as applied under the NLRA. This court has subsequently applied it under that statute and in construing the term “employer” under both Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (“ADA”).

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In Radio Television Broadcast Technicians Local 126k v. Broadcast Service of Mobile, Inc., 380 U.S. 255, 256, 85 S.Ct. 876, 13 L.Ed.2d 789 (1965) (per curiam), the Supreme Court articulated the "integrated employer" (also, the "single employer") test in the labor relations context to determine when an entity is sufficiently related to one's legal employer to subject it to liability.

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In Radio Television Broadcast Technicians Local Union 1264 v. Broadcast Service of Mobile, Inc., 380 U.S. 255, 256, 85 S.Ct. 876, 877, 13 L.Ed.2d 789 (1965) (per curiam), the Court referred approvingly to the Board's use of four criteria (interrelationship of operations, common management, centralized control of labor relations and common ownership) as determinative of whether nominally separate business entities are an integrated enterprise and hence a single employer for the applicable jurisdictional standards.

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In Radio and Television Broadcast Technicians Local 1264 v. Broadcast Service of Mobile, Inc., 380 U.S. 255, 256, 85 S.Ct. 876, 877, 13 L.Ed.2d 789 (1965), the Supreme Court recognized the validity of the National Labor Relations Board's approach in a labor dispute to determining whether various business entities constitute a "single employer" by considering whether they "comprise a single enterprise.

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In Radio Union, the issue was whether Radio Station WSIM was an integral part of a group of radio stations owned and operated by the Holt Broadcasting Service. It was contended in that case that the two companies constituted a single enterprise.

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In Radio Union v. Broadcast Service, 380 U.S. 255, 85 S.Ct. 876, 13 L.Ed.2d 789 (1965), the Supreme Court set out the criteria whereby to determine whether one enterprise is but the alter ego of another, thus to create one integrated enterprise.

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noting that the relevant criteria used by the NLRB when determining whether nominally separate business entities constitute a single employer are "interrelation of operations, common management, centralized control of labor relations and common ownership"

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considering "several nominally separate business entities to be a single employer where they comprise an integrated enterprise"

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setting out this basic notion

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In Radio Television Broadcast Technicians Local Union v. Broadcast Service of Mobile, Inc., 380 U.S. 255, 256 (1965) (per curiam), the Court established a four-factor test to determine "single employer" status.

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In Radio Television Broadcast Technicians Local 1264 v. Broadcast Service of Mobil, Inc., 380 U.S. 255 (1965), the Supreme Court set out four factors to consider when determining whether multiple entities should be considered as a single employer.

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In Radio Television Broadcast Technicians Local 1264 v. Broadcast Service of Mobil, Inc., 380 U.S. 255, 256 85 S.Ct. 876, 12 L.Ed.2d. 789 (1965), the Supreme Court set out four factors to consider when determining whether multiple entities should be considered as a single employer.

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In Radio Television Broadcast Technicians Local Union 1264 v. Broadcast Service of Mobile, Inc., 380 U.S. 255, 256, 85 S.Ct. 876, 13 L.Ed.2d 789 (1965) (per curiam), the Supreme Court approved a four-part test established by the National Labor Relations Board for determining whether two entities constitute a single entity in the context of labor disputes.

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Case details for

Radio Union v. Broadcast Serv

Case Details

Full title:RADIO TELEVISION BROADCAST TECHNICIANS LOCAL UNION 1264, INTERNATIONAL…

Court:U.S.

Date published: Mar 15, 1965

Citations

380 U.S. 255 (1965)

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