American Broadcasting Co.

National Labor Relations Board - Board DecisionsApr 6, 1954

108 N.L.R.B. 167 (N.L.R.B. 1954)

AMERICAN BROADCASTING COMPANY 167 AMERICAN BROADCASTING COMPANY, A DIVISION OF AMERICAN BROADCASTING-PARAMOUNT THEATRES, INC., COLUMBIA BROADCASTING SYSTEM, INC., NA- TIONAL BROADCASTING COMPANY, INC. and TELEVISION WRITERS OF AMERICA, Petitioner . Cases Nos . 2-RC-6207, 6208, 2-RC-6209, 6210, and 2-RC-6211. April 6, 1954 DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed under Section 9 (c) of the National Labor.Relations Act, i a consolidated hearing was held before Benjamin Naumoff, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.2 Upon the entire record in this consolidated proceeding, the Board finds: 1. American Broadcasting Company, a Division of American Broadcasting-Paramount Theatres, Inc., herein called ABC; Columbia Broadcasting System, Inc., herein called CBS; and National Broadcasting Company, Inc., herein called NBC, are Employers severally engaged in commerce within the meaning of the Act; and it will effectuate the policies of the Act to assert jurisdiction in these cases. 2. Television Writers of America, herein called TWA; Radio Writers Guild (Eastern Division) of the Authors League of America, Inc., herein called RWG; Authors League of America, Inc., herein called ALA; and its affiliate Screen Writers Guild, Inc., herein called SWG, are labor organizations claiming to represent certain employees of the Employers. 3. Questions affecting commerce exist concerning the rep- resentation of employees of the Employers within the meaning of Section 9 (c) (1) and Sections 2 (6) and (7) of the Act.3 4. TWA seeks to represent in five separate units staff radio and television newswriters of ABC, CBS, and NBC, respectively, and staff continuity writers of ABC and CBS, respectively, as generally described in the contract units covering these em- ployees. The parties agree that units limited to a single Em- ployer are appropriate. ALA opposes the inclusion of radio newswriters and television newswriters in the same unit; the other parties agree as to their inclusion . The Employers contend that new editors are supervisors and as such should be excluded from the writers' units, a position which the labor 1 The petitions in Cases Nos . 2-RC-6207 and 6208 were amended at the hearing to show the correct name of the Employer designated therein 2 The motion of National Broadcasting Company, Inc., to consolidate a new petition filed in Case No. 2-RM-563, subsequent to the consolidated hearing upon the instant petitions, is denied. No new issue appears to be presented in Case No. 2-RM-563 which has not been already fully litigated in the instant cases, 3 We find no merit in the contention of ALA and Screen Writers Guild, Inc., that their contract covering NBC television news writers, expiring March 1, 1954, constitutes a bar to this proceeding. Sentry Gauge Co. and Krueger Metal Products , Inc., 98 NLRB 420. 108 NLRB No, 30. 168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD organizations oppose. CBS would exclude certain reporter contacts , program contacts , and reporters in the CBS writers' units. The labor organizations oppose this position. (a) Radio and television newswriters Radio and television newswriters have been represented together under contracts between ABC and RWG since 1946, and between CBS and RWG since 1943. From 1941 to 1951 radio and television writers of NBC were likewise represented in a single contract. From 1951 to the present time, however, they have been represented under separate contracts with the two affiliates of ALA as their respective bargaining represent- atives . ALA is also signatory to all contracts signed by its affiliates. Each of the 3 Employers originally operated its radio and television newsshops on an integrated basis. ABC separated the 2 functions from an operational point of view sometime in 1950 and CBS and NBC sometime in 1951. These separations re- sulted in separate physical locations , separate immediate supervision , and utilization of duplicated machinery supplying news for radio and television work. The same news services, however, supply both shops of each Employer. ABC and CBS continue to maintain separate radio and television news divisions , but continue to bargain for the writers who are available for work in both shops in 1 unit. NBC, however, in 1952 recombined its 2 shops, but continues to bargain for its writers in 2 contract units. Radio and television newswriters of NBC are interchanged and work together , but only insofar as the provisions of their separate contracts presently permit. The 3 Employers have consistently drawn onthe radio news- shops for writers for their television newsshops . Similar skills are required for writing script for the 2 media. Radio and tele- vision newswriters are interchanged . Under these circum- stances, and despite the more recent bargaining at NBC on a separate basis in the recombined shops, we believe that inte- grated units of staff radio and television newswriters at ABC, CBS, and NBC, respectively, are appropriate for the purposes of collective bargaining. (b) News editors The parties agree that news editors at NBC, excluded from prior bargaining contracts , are supervisors within the meaning of the Act and should be excluded from the unit herein found appropriate for NBC writers . News editors of ABC and CBS have been included in the bargaining contracts for writers, following consent elections and the agreement of the parties thereto.' At ABC there are 3 news editors over 7 radio news- 4Case No. 2-UA-6288 (ABC) and Case No. 2-UA-6289 (CBS). The Board is not precluded from considering the status of news editors at this time. Ballance Manufacturing Company, Inc., 9 i NLRB 1019, 1020. AMERICAN BROADCASTING COMPANY 169 writers and 4 news editors over 4 television newswriters. At CBS there are 4 news editors over 7 radio newswriters. Each news editor is in charge of the news desk and is responsible for the news output on a given shift. He edits for accuracy, and for any other factors established by the Employer, scripts which the writers prepare for broadcast. He suggests to writers newsworthy stories. And on the basis of their work, news editors transmit to their supervisors information regarding writers' performances. This is the Employer's sole source of information respecting writers on other than day shifts. The following variations exist with respect to the editors of ABC and CBS. An editor at CBS may assign a writer to make or to edit a tape recording. He reports on the quality of such work and recommends discipline. He also authorizes overtime for writers. An editor at ABC designates which writer should write a particular show on his shift, and reprimands writers for failure to perform their duties. On the basis of these facts, we conclude that news editors re- sponsibly direct writers as signed to them and that their intimate knowledge of the activities of writers necessarily affects the latter's status as employees. We, therefore, find that news editors are supervisors within the meaning of the Act, and exclude them from the units herein found appropriate.5 (c) Other categories in dispute involving the CBS writers' units Reporter contracts and program contacts: These employees (the latter are considered apprentices to the former) work from the assignment desk under an immediate supervisor in the television news film department of CBS, which also includes cameramen, film cutters, and clerical employees. The reporter contacts and program contacts select news stories and assign them to cameramen for securing film footage. In performance of these duties, they arrange the details for coverage and give necessary instructions. If the story is filmed in the New York area, the reporter contact goes out with the camera crew, taking an active part in the filming of the story and conducting the interviews which are filmed. If a story is to be filmed outside the New York area, the reporter contact assigns the coverage of the story to the Employer's part-time correspondent in the appropriate city, transmitting the necessary instructions. Neither reporter contacts nor program contacts write script, which is the primary function of newswriters. They do not interchange or associate with newswriters in the performance of their duties, and have not been included in any former con- tracts for writers. On these facts we find that reporter con- tacts and program contacts have interests in working condi- 5 The Bethelehems' Globe Publishing Company, 98 NLRB 1238, 1240; The Salt Lake Tribune Publishing Company and Telegram Publishing Company, 92 NLRB 1411, 1412, 1419-1420. 17 0 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions different from those of newswriters , and we shall , there- fore, exclude them from the newswriters ' units at CBS. Program contacts on the Margaret Arlen show: These two program contacts secure subject matter for the Margaret Arlen program at CBS. One interviews prospective guests and chooses and schedules them, discussing with them ma- terial to be presented on the program ; the other secures feature material , such as museum exhibits , fashions, and current shows . Both program contacts write information material in the form of memoranda, notes , or outlines, which Miss Arlen uses merely as background data for her ad lib program. a These program contacts do not write scripts for broad- casts and have not been included in the past bargaining con- tracts. On these facts we find that program contacts on the Margaret Arlen show have interest in working conditions different from those of continuity writers, and we shall there- fore exclude themfromthe continuity writers' unit at CBS. Reporters in the public affairs department at CBS: These employees obtain tape recordings on the basis of inter- views for the particular shows to which they are assigned. They are listed on the talent payroll. They do not edit the tape recordings , which they obtain. Unlike writers who also obtain tape recordings, based on interviews, reporters in the public affairs department do not prepare scripts. These reporters have -not in the past been included in the writers' units. On these facts we find that reporters in the public affairs de- partment have interests in working conditions different from those of news and continuity writers, and we shall therefore exclude them from the news and continuity writers' units at CBS. Accordingly, we find that the following units are appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: (1) Case No. 2-RC-6207: All staff radio and television news- writers employed by American Broadcasting Company, a Division of American Broadcasting-Paramount Theatres, Inc., New York, New York, excluding staff continuity writers, writers employed principally for writing for electrical tran- scriptions , special events ( other than writers regularly doing ordinary newswriting work), or publicity, or for writing principally for short wave, experimental broadcasting or for other experimental purposes , or for monitoring duties, and department heads, managers , assistant managers, news editors, and all other supervisors as defined in the Act. (2) Case No. 2-RC-6208: All staff radio and television continuity writers (who write script, continuity, and other literary materials designed to be broadcast) employed by 6When the program was presented by radio and not on television, certain writers were assigned to write script for use on the radio show. This practice has been discontinued as no script is required on the ad lib show. AMERICAN BROADCASTING COMPANY 171 American Broadcasting Company, a Division of American Broadcasting -Paramount Theatres , Inc., New York, New York, excluding writers employed principally for writing for electri- cal transcriptions , or for writing items of news , special events, or publicity, or for writing principally for short wave, or experimental broadcasting or other experimental purposes , and department heads, managers , or immediate assistants to department heads or managers , and all other supervisors as defined in the Act. (3) Case No. 2-RC-6209: All staff radio and television newswriters employed by Columbia Broadcasting System, Inc., New York, New York, excluding staff continuity writers, writers employed principally for writing for electrical trans- scriptions , special events (other than writers regularly doing ordinary news writing work), or publicity, or for writing principally for short wave, or experimental broadcasting or for other experimental purposes , reporter contacts and program contacts in the Television Newsfilm Department, reporters in the Public Affairs Department, and department heads, man- agers, assistant managers, news editors, and all other super- visors as defined in the Act. (4) Case No. 2-RC-6210: All staff radio and television continuity writers (who write script, continuity and other literary materials designed to be broadcast) employed by Columbia Broadcasting System, Inc., New York, New York, excluding writers employed principally for writing for elec- trical transcriptions or for writing items of news, special events, or publicity, or for writing principally for short wave or experimental broadcasting or other experimental purposes , program contacts on the Margaret Arlen show, reporters in the public affairs department, and department heads, managers , or immediate assistants to department heads or managers , and all other supervisors as defined in the Act. (5) Case No. 2-RC-6211: All staff radio and television newswriters employed by National Broadcasting Company, Inc., New York, New York, excluding staff continuity writers, or writers employed principally for writing for electrical transcriptions , special events , or publicity, or for writing principally for showt wave, frequency modulation, or ex- perimental broadcasting or other experimental purposes, or for monitoring duties, and department heads, news editors, managers, assistant managers, and all other supervisors as defined in the Act. 7 [Text of Direction of Elections omitted from publication.] Member Beeson took no part inthe consideration of the above Decision and Direction of Elections. 7 We will place Radio Writers Guild (Eastern Division) and Screen Writers Guild, Inc., on the ballot in the election among these employees.