Columbia Broadcasting System, Inc.

National Labor Relations Board - Board Decisions

Mar 25, 1938

6 N.L.R.B. 166 (N.L.R.B. 1938)

In the Matter of COLUMBIA BROADCASTING SYSTEM, INC. and AMERICAN
RADIO TELEGRAPHISTS ASSOCIATION
Case No. R-379.-Decided March ^?5, 1938
Radio Broadcasting Industry-Investigation of Representatives : controversy
concerning representation of employees : rival organizations ; controversy as
to appropriate bargaining unit-Unit Appropriate for Collective Bargaining:
petition seeks unit composed of employees in New York metropolitan area ;
such local unit found not to be appropriate ; organization of business ; functional
coherence ; similarity of wages and working conditions ; history of collective
bargaining-Order: dismissing petition.
Mr. Charles A. Graham, for the Board.
Mr. AS'ol A. Rosenblatt and Rosenberg, Goldmark di Colin, by Mr.
Louis Fabricant and Mr. Sydney M. Kaye, of New York City, for the
Company.
Mr. Sidney Elliott Cohn, of New York City, for A. R. T. A.
Miss Anne E. Freeling, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Under date of June 21, 1937, American Radio Telegraphists As-
sociation, herein called A. R. T. A., filed with the Regional Director
for the Second Region (New York City) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Columbia Broadcasting System, Inc.," New York
City, herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On July 15, 1937, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article
III, Section 3, of National Labor Relation's Board Rules and Regula-
tions-Series 1, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
'Incorrectly designated as The Columbia Broadcasting System in the petition
166
DECISIONS AND ORDERS 167
On August 13, 1937, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company; upon
A. R. T. A.; upon Associated Columbia Broadcast Technicians,
herein called A. B. T. ; 2 upon Theatrical Protective Union, Local
No. 1; and upon Broadcast Technicians of Columbia Broadcasting
System, Inc., labor organizations claiming to represent employees
directly affected by the investigation. Pursuant to an amended
notice, a hearing was held on September 28, 29, and October 2,
1937, at New. York City, before H. R. Korey, the Trial Examiner
duly designated by the Board. The Board, the Company, A. R. T. A.,
and A. B. T. were represented by counsel and participated in the
hearing. The other organizations which were served with notice
of the hearing did not appear or participate in the proceeding. Full
opportunity to be heard, to examine and to cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. Briefs were thereafter filed by the Company and by A. B. T.,
which have received due consideration.
Pursuant to notice, a hearing was held before the Board on Janu-
ary 19, 1938, in Washington, D. C., for the purpose of oral argument.
During the course of the hearing at New York City the Trial
Examiner made several rulings on motions and on objections to the
admission of evidence. The Board has reviewed these rulings and
finds that no prejudicial errors were committed. The rulings are
hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS Or FACT
I. THE BUSINESS OF THE COMPANY
Columbia Broadcasting System, Inc., is a New York corporation
engaged in the business of radio broadcasting, as well as business.
included in or incidental thereto, such as the management and book-
ing of performers and artists for radio broadcasting. The Com-
pany owns or leases and operates the following stations :
WEEI-studio in Boston, transmitter in Medford, Massachu-
setts
WABC-studio in New York City, transmitter in Wayne,.
New Jersey
WJSV-studio in Washington, D. C., transmitter in Alex-
andria, Virginia
WBT-studio in Charlotte, transmitter in Pineville, North_
Carolina
2 The name was changed in June 1937 to Associated Broadcast Technicians.
80618-38-vor,. vi-12
168 NATIONAL LABOR RELATIONS BOARD
WKRC-studio and transmitter in Cincinnati, Ohio
WBBM-studio in Chicago, transmitter in Glenview, Illinois
KMOX-studio in St. Louis, transmitter in Mattesse, Mis-
souri
WCCO-studio in Minneapolis, transmitter in Anoka, Minne-
sota
KNX-studio in Los Angeles, transmitter in Van Nuys, Cali-
fornia.3
The Company is affiliated with approximately ten other stations. In
addition, it has agreements with stations situated in the United
States and in the Dominion of Canada, which provide that the re-
spective stations will accept and broadcast commercial network pro-
grams -offered to them by the Company. The Company delivers these
programs over its leased telephone lines to such stations, which then
broadcast them from their own transmitters.4 All the stations of the
Company are licensed under the Federal Communications Act.
The Company stated that over 90 per cent of the business it handles
moves across State lines. The Company admits that it is engaged in
interstate commerce.
II. THE ORGANIZATIONS INVOLVED
American Radio Telegraphists Association is a labor organization
affiliated with the Committee for Industrial Organization, admitting
to its membership radio technicians and engineers employed by the
Company.
Associated Broadcast Technicians is an independent labor organiza-
tion, admitting to its membership radio technicians and engineers
employed by the Company.
III. THE APPROPRIATE UNIT
For about four years the Company has recognized A. B. T. as the
bargaining agent for the radio technicians and engineers employed
at all the Company's stations throughout the country, except Station
KMOX.5 The Company has negotiated several written contracts
with A. B. T. concerning wages, hours, and working conditions. On
June 18, 1937, while negotiations were being conducted between the
Company and A. B. T. for a new contract, a majority of the tech-
nicians and engineers employed at Station WABC voted to dissolve
'Board Exhibit No 2.
4 Board Exhibit No. 4 b
5 For about four years before the Company acquired this station , it had been operating
under an agreement with the international Brotherhood of Electrical Workers This
agreement had been negotiated jointly by all the broadcasting stations in St. Louis, and
was continued in effect after the Company took over the station
DECISIONS AND ORDERS 169
their A. B. T. local. At that time there were approximately 80
technicians and engineers employed at Station WABC, including
those at the studio in New York City and at the transmitter in
Wayne, New Jersey, all of whom had been members of A. B. T.
Approximately 60 of these former members of A. B. T. became mem-
bers of A. R. T, A. The remaining technicians and engineers at this
station reorganized the New York local of A. B. T. A. R. T. A. gave
the Company written notice that it represented a majority of the
technicians and engineers employed by the Company in the N ew York
metropolitan area, which, it contended, was an appropriate unit for
the purposes of collective bargaining. The Company, however,
continued to negotiate }with A. B. T. and, on or about June 28, 1937,
consummated another written contract on the national-unit basis.°
A. B. T., at the time this contract was entered into, represented more
than 130 of the 206 technicians and engineers employed by the
Company.
As is generally true in the communications industry, and in radio
broadcasting in particular, the work at the various stations must be
perfectly coordinated.7 To distribute satisfactorily radio programs
to an international audience requires instantaneous functional co-
herence throughout the Company's system. Such coherence is made
possible by constant intercommunication among the technicians and
engineers by direct wires connecting the stations. The elimination
of time and distance by the use of radio and the wire line results
in all the technicians associated with a program, wherever located,
working together as a closely coordinated unit.
The principal office of the Company is in New York City. At this
main office the general management problems and policies covering
all the stations of • the Company are determined. Although local
,station managers and chief engineers have authority to hire and fire,
such action is subject to review by the home office.
Wages and working conditions are substantially the same at all
the Company's stations. Technicians and engineers at the various
stations do similar work. They may be, and sometimes are, trans-
ferred from one station to another.
We are of the opinion, on the basis of the record, that a unit com-
posed solely of technicians and engineers employed by the Company
in the New York' metropolitan area is not appropriate for the pur-
e This contract ' contains a closed -shop provision . During the oral argument before the
Boaid , counsel for tDe Company and for A. B . T stated that this provision was intended
to apply only to future employees of the Company , and would not be construed so'as to
apply to present employees
7 Cf. Matter of Mackay Radio Corporation of Delaware , Inc and Mackay Radio it
Telegraph Co and American Radio Telegraphists Association , 5 N. L R B 657
170 NATIONAL LABOR RELATIONS BOARD
poses of collective bargaining ." Since the petition filed in this pro-
ceeding relates solely to employees of the Company in the New York
metropolitan area, it is not necessary to determine what would be the
appropriate unit if the petition were broader in scope.
IV. THE QUESTION CONCERNING REPRESENTATION
Since, as stated in Section III, we are unable to find an appropriate
unit within the scope of that alleged in the petition filed in this case,
we must find that no question has been raised concerning the repre-
sentation of employees of the Company in an appropriate bargain-
ing unit:
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION OF LAW
No question concerning the representation of employees of Colum-
bia Broadcasting System, Inc., in a unit which could be found appro-
priate for the purposes of collective bargaining has arisen, within
the meaning of Section 9 (c) of the National Labor Relations Act.
ORDER
Upon the basis of the foregoing findings of fact and conclusion
of law, the National Labor Relations Board hereby dismisses the
petition for investigation and certification filed by American Radio
Telegraphists Association.
8Cf Matter of Smuft and Company and Packing House TVoikeis Union, Local No 563,
4 N L R B 779 , Matter of American Woolen Company, Nat'l and Piovidence Mills and
Independent Textile Union of Olneyville, 5 N L R B 144; Matter of Standard Oil
Company of California and Oil TPorkeis International Union, Local 299, 5 N L. R B 750.